Decree No 222 / 2021 Coll.
Decree amending Decree No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended
Valid
Order
Effective from 01.01.2022
Text versions:
01.01.2022
09.06.2021
222
DECLARATION
of 26 May 2021
amending Decree No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts, as amended
The Ministry of Justice, pursuant to § 113 (1) of Act No. 6 / 2002 Coll., on Judgments, Judgments, sitting and administration of courts and amending certain other laws (Act on Courts and Judges), § 468 and 469 of Act No. 141 / 1961 Coll., on Criminal Procedure, Act No. 263 / 1992 Coll., Act No. 24 / 1993 Coll., Act No. 238 / 1995 Coll., Act No. 30 / 2000 Coll. and Act No. 151 / 2002 Coll., and pursuant to § 515 of Act No. 292 / 2013 Coll., Act on Special Procedures:
Decree No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended by Decree No. 584 / 1992 Coll., Decree No. 194 / 1993 Coll., Order No. 246 / 1995 Coll., Order No. 278 / 1996 Coll., Decree No. 234 / 1997 Coll., Decree No. 482 / 2000 Coll., Decree No. 104 / 2002 Coll., Decree No. 268 / 2003 Coll., Decree No. 202 / 2007 Coll., Decree No. 322 / 2007 Coll., Decree No. 384 / 2017 Coll., Decree No. 168 / 2009 Coll., Decree No. 457 / 2009 Coll., Decree No. 438 / 2011 Coll., Decree No. 322 / 2013 Coll., and Decree No. 384 / 2017 Coll., are amended as follows:
1. in Article 6 (1) (b), the word "or" shall be replaced by a comma and the words "or in the performance of security detention" shall be inserted after the word "freedom."
2. in Article 6 (1) (e), the words "fixed at a flat-rate amount and the costs associated with the execution of the detention, the obligation on the sentenced to pay the costs of the injured party and the obligation on the sentenced to compensate for the remuneration and expenses paid by the designated lawyer by the State" shall be replaced by the words, "not the costs associated with the execution of the custodial sentence, and the costs associated with the participation of the injured party in criminal proceedings, including the obligation on the sentenced to reimburse the remuneration and the expenses incurred by the State to the injured party's agent, who is entitled to legal aid provided by the agent free of charge or for reduced remuneration."
3. In Article 6 (1), at the end of the text in point (g), the words "and other credits under the Criminal Code and the Criminal Code 'shall be added.
4. In Article 6 (1) (k), "a 'is replaced by" or other assets';
5. in Article 6 (1) (l):
"(l) provision of documents for decision-making
1. on the suspension of criminal prosecution and approval of settlement,
2. whether the remainder of the obligation to refrain from any activity, including the holding and rearing of animals or their care, will not be carried out during the probationary period of the suspension of the criminal prosecution;
3. Whether the restrictions imposed are lifted, an adequate obligation, an educational measure or supervision;
4. in the course of the performance of the sentence of community service, the sentence of house arrest and the penalty of the ban on entry to sports, cultural and other social events;
5. conditional release and suspension of the remainder of the sentence;
6. to change the manner in which the prison sentence is to be enforced and to place in a department with a lower level of security for the prison;
7. the certificate,
8.
6. in Article 6 (1) (n):
"(n) the drawing up of criminal records and additional reports for the Register of Penalties,"
7. In Article 6 (1) (o), the words "designated lawyer and expert and interpreter 'shall be replaced by the words" lawyer and agent of the injured party who is entitled to a remuneration against the State, testimonial, expert, interpreter, consultant's remuneration for the purposes of criminal proceedings, the amount of compensation for their expenses and the amount of remuneration for professional observations made at the request of the law enforcement authorities'.
8. In Article 6 (1) (s), the words "probation officer 'are replaced by the words" probation and mediation services'.
9. in Article 6b (b), the words "detention order," and the words "device, order to detect data on telecommunications operations, order to issue a consignment, order to replace the contents of the consignment" shall be replaced by the words "operation, order to detect data on telecommunications operations, order to preserve or prevent access to data, order to issue a consignment, opening the consignment, order to replace the contents of the consignment, and authorisation to use operationally search devices."
10. In Article 6b, at the end of point (f), the dot is replaced by a comma and the following point (g) is added:
"(g) a decision as to whether the restrictions imposed are lifted, an appropriate obligation, an educational measure or supervision."
11. in Paragraph 33 (2), the words "and interpreters" shall be replaced by the words "interpreters, translators and consultants recruited for criminal proceedings."
12. in § 34a, the words "official of the Probation and Mediation Service" are replaced by the words "probation and Mediation Service."
13. After Paragraph 36, the following Section 36a is inserted:
Enforcement of a decision imposing an obligation to stay in a designated residence
Paragraph 34b shall apply mutatis mutandis to the procedure for the enforcement of a decision imposing an obligation to stay in a designated dwelling or part thereof. '
14. in Paragraph 37 (5):
"(5) In the case of criminal measures for the duration of a period of three months before the date of expiry of the criminal measure, the juvenile detention centre shall communicate to the school establishment for the exercise of a constitutional or protective education (hereinafter referred to as" educational establishment ') or to the treatment facility from which the juvenile has been delivered before the execution of the criminal measure, the results of the juvenile reeducation in respect of any release from protective education, a conditional placement outside the educational establishment or the abolition of a constitutional education.';
15. In Paragraph 37 (6), the first and second sentences shall be replaced by the following: "The prison shall inform the court which ordered the execution of the sentence of imprisonment or of the criminal measure of imprisonment whether the sentenced has taken place within the prescribed period of execution. If the sentenced person is in the execution of another prison sentence or another prison criminal measure, the prison shall immediately confirm receipt of the order of execution of the prison sentence or of the criminal measure of imprisonment and inform the court of the intended date of entry. ';
16.
Suspended suspension of imprisonment
Where the court has decided to accept a citizen interest association guarantee for the rearing of a convicted person, the President of the Chamber shall inform the citizen interest association whether and what reasonable obligation, restriction or educational measure has been imposed on the sentenced person in accordance with Article 329 (3). request, at the same time, that, according to their content, they focus their educational activities, monitor their compliance with the convicted persons and inform the court without undue delay in the event of their infringement. The President of the Chamber shall also request the representative association of citizens to notify the change of employment or residence of the sentenced person. ';
17. Paragraph 40 (1) reads as follows:
"(1) A copy of the enforceable decision requiring the sentence of public utility work to be carried out shall be sent by the President of the Chamber to the competent centre of the Probation and Mediation Services together with the contact details of the sentenced person, such as the address indicated for delivery and telephone contact. ';
18. In Paragraph 40 (2), the words "a probation officer and ask him to provide municipalities and institutions of general interest 'are replaced by the words" a probation and mediation service and ask him to provide general service providers'.
19. In the first sentence of Paragraph 41 (1), "5 'is replaced by" 1' and the words "in duplicate together with one copy of the decision imposing protection treatment 'are deleted.
20. in Articles 41 (1) and 42 (1), the last sentence shall be deleted;
21. in Paragraph 41, the following paragraph 4 is added:
"(4) Where the performance of protective treatment of a constitutional person is ordered by another medical institution during that period, the procedure laid down in paragraph 1 shall be followed accordingly. ';
22. In the first sentence of Article 42 (1), the words "with the annexes referred to in Article 351 (1) (d) 'and the words" in duplicate together with one copy of the decision imposing it' are deleted.
23. In Article 42, the following paragraph 3 is added:
"(3) Where the performance of the protective treatment of outpatient during the course of the treatment is ordered by another medical institution, the appropriate procedure shall be followed in accordance with paragraph 1. ';
24.
Performance of protective education
(1) The educational establishment in which the performance of the protection education is to be initiated shall be sent by the President of the Chamber (self-Judge) to the order for its enforcement, a copy of the decisions by which it has been imposed and a copy of the expert opinion in the field of psychiatry or psychology, if it has been drawn up on the subject. At the same time, the President of the Chamber (self-judge) shall request that the educational establishment be informed of the onset of the protection education by the youth court which ordered the exercise of the protection education and that, at the regular time specified by the district youth court in whose territory the protection education is carried out, the conduct of the protection education, in particular, the facts which may justify the issue of a decision relating to the protection education.
(2) The enforcement of the decisions imposing protection education is carried out by the court, with the participation of the social protection body of the children, which shall request the President of the Chamber (self-judge) to inform the district youth court in whose territory the protection education is carried out, of the change in the circumstances of the person who has been imposed and of any other facts which may justify the issue of a decision relating to protection education.
(3) The educational establishment in which the protection education is carried out shall report to the court which has imposed the protection education on a conditional location outside the educational establishment, on the extension of the protection education, on the release from the protection education or on the presentation of the person who has been placed under the protection education for the execution of a criminal measure of imprisonment or imprisonment. "
footnote 6a is deleted.
25.
In determining the date and time of enforcement of the decision by deleting, account shall be taken of the appropriateness of the daily period during which the removal is to be carried out and of the climatic conditions which can be predicted on the day of removal in order to avoid any risk to the life or health of the persons to be declared. ';
26. In Paragraph 65, the word "cleared 'is replaced by" banished'.
27. in Article 116a (1), the words "direct telephone station, to telefax" shall be replaced by the words "telecommunications and computer technology, the use of which is necessary for the performance of the tasks specified."
28. in Article 116b (1), the words "the permanent service of the district" shall be replaced by the words "the regional operational centre."
29. in Paragraph 116c (2), first sentence, "4" is replaced by "5."
Efficacy
This Decree shall take effect on 1 January 2022.
Minister of Justice:
Mgr. Benešová v. r.
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Regulation Information
| Citation | Decree No 222 / 2021 Coll., amending Decree No 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.06.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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