Decree of the Ministry of Justice No. 246 / 1995 Coll.
Decree of the Ministry of Justice amending and supplementing Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended by Decree No. 584 / 1992 Coll. and Decree No. 194 / 1993 Coll.
Valid
Order
Effective from 26.10.1995
Text versions:
26.10.1995
246
DECLARATION
Ministry of Justice
of 11 October 1995
amending and supplementing Decree No. 37 / 1992 of the Ministry of Justice of the Czech Republic Coll., on Rules of Procedure for District and Regional Courts, as amended by Decree No. 584 / 1992 Coll. and Decree No. 194 / 1993 Coll.
The Ministry of Justice pursuant to § 374 (1) of Act No. 99 / 1963 Coll., Civil Code, as amended, pursuant to § 391 and 391a (2) of Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and under § 20 of Act No. 189 / 1994 Coll., on Senior Judicial Officials, provides:
Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts, as amended by Decree No. 584 / 1992 Coll. and Decree No. 194 / 1993 Coll., is amended as follows:
1. the following paragraph 5 is added:
"(5) Paragraphs 1 to 3 and paragraph 4 of the first sentence shall also apply to the division of the work of senior judicial officers. ';
2. In Article 4, the following shall be added after the words "waiting persons' and the following shall be inserted:" senior judicial officers'.
3. In Paragraph 5 (1), the first sentence is: "Senior judicial officers and staff of the professional apparatus of the courts are required to remain silent about all the facts which they have learned in connection with the exercise of the judiciary."
4. In Article 5 (2), the following shall be inserted after the word "may ':" a senior judicial officer and'.
5. In Section 6, the title reads: "Simple acts by judicial candidates, judicial secretaries and the Registrar '.
6. In Article 6 (1) (l), the following shall be inserted after the word "conviction": "or of the suspension of a criminal prosecution, of the documents in the proceedings for the performance of the work of general interest and of the documents required for the decision approving the settlement,"
7. In Article 6 (2), the dot is replaced by a comma and the following point (l) is added:
"(l) the acts of the court pursuant to § 260 (2) o.s. '.
8. In the second sentence of Article 7 (1), "persons' is replaced by" parties to criminal proceedings'.
9. In Paragraph 19 (1), the following sentence is inserted after the first sentence: "A master or chief must be asked to present such a person."
10. In Paragraph 22, the words "a clause on the legal power and enforceability of the decision," are deleted.
11. In Paragraph 28 of the title reads: "Demanding synergies."
12. In Paragraph 28 (1), the word "organisation 'is replaced by" legal and natural persons'.
13. in Paragraph 28 (2), the words "the parties and" shall be replaced by "the parties, the reports on whether the sentenced person properly carries out the sentence of public service and the reports."
14. Paragraph 35 is deleted.
15. In Paragraph 37 (4), the following sentence shall be added at the end: "The President of the Chamber shall at the same time ask the competent commander or chief to ensure that the sentence of the sentenced person is entered and shall take the necessary further measures in accordance with the relevant Staff Regulations."
16. In Section 38, the title reads: "Conditioned postponement of the execution of prison sentences and the execution of the sentence of public service work '.
17. Paragraph 38 shall be added to paragraph 3:
"(3) In the case where a sentence for community service has been imposed, the court shall proceed mutatis mutandis in accordance with paragraph 1. ';
18. In Paragraph 41 (2), the following sentence is added at the end: "In the case of soldiers, essential or alternative services and in the case of professional soldiers, the invitation shall be served by means of the commander or chief of the service in which the sentenced person carries out the military service."
19. In Paragraph 42 (2), the following sentences are added at the end: "In the case of soldiers, basic or replacement services and professional soldiers, the invitation shall be served through the commander or chief of the service in which the sentenced person performs military service. The court shall request the competent commander or chief of the department to cooperate in the course of outpatient treatment and the dispatch of the treated person for medical treatment as instructed by the medical institution. '.
20. In Paragraph 45 (1), the following shall be inserted after the word "self-judge ':" or, within the limits of its powers, a senior judicial officer'.
21. In Article 45 (3), the words "or a senior judicial officer" shall be inserted after the words "or a senior judicial officer."
22. in Paragraph 46 (2), the dot is replaced by a comma and the following point (i) is added:
"(i) the implementation of the decision on the provisional measure regulation (§ 273a (2) o.s.) ';
23. in Paragraph 69 (1), the following shall be inserted after the words "the President of the Chamber (self-Judges)": "or, in the context of his authorization, to a senior judicial officer."
24. The following Sections 116a to 116f are inserted after Section 116, including the headings and notes No 22:
Certain measures to discharge the duties of courts in judicial proceedings
(1) In order to ensure the obligation of the Judge (President of the Chamber) and to comply with the time limits set out in Sections 69, 77, 83 (3) and 75 (2) and 273a (1) CS, the President of the District Court shall determine, for a period outside the laid down working hours and working days of the sitting, the availability of the Judge (President of the Chamber), which shall allow access to the building of the Court, to a direct telephone station, to telefax, to an office where files are kept in outstanding criminal matters and files relating to the care of minors, and to the use of a round official stamp.
(2) In order to ensure the execution of an interim measure ordered by a court pursuant to § 76a o.s., the President of the District Court shall determine, for a period outside the laid down working hours and working days, the attainability of the executor or any other official of the court to whom he or she shall delegate the enforcement of the judgment pursuant to § 273a o.s. The attainability of the Judge whose attainment has been established in accordance with paragraph 1 shall not need to be determined by expressly stating that he or she will ensure the execution of the interim measure itself.
(1) The President of the Court shall notify the competent public prosecutor, the Permanent Service of the District Directorate of the Police of the Czech Republic and the District Office in the District of the Court of Justice of the address and, where appropriate, the telephone number of the designated judge (Chairman of the Senate), where he will be present during the availability. All documents addressed to the court, unless otherwise agreed with the Judge (Chairman of the Chamber), shall be served on that address during the period of availability.
(2) When the document is served, the Judge (President of the Chamber) shall confirm the date and time of receipt of the document. Where an application for interim measures pursuant to Article 76a of the Rules of Procedure is served, the appellant shall inform the judge of the address or, where appropriate, the number of the telephone station to which the appellant's staff will be staying, who shall provide the court with the necessary synergies to implement the interim measure if the court is ordered.
(1) If, at the time of availability, the defendant is to be heard and the decision on detention is to be taken, the lawyer or to issue a search warrant, the police authorities or the prosecutors shall inform the judge (Chairman of the Chamber) responsible under Paragraph 116a, which shall determine the place and time of the action needed.
(2) If the defendant is delivered to the judge (Chairman of the Chamber) who has been arrested following an arrest order issued by a judge of another court, the Judge (President of the Chamber) shall examine whether the conditions for which the defendant cannot be delivered by the court which issued the arrest warrant within the period referred to in Paragraph 69 (4) (3) are met. If these conditions are met and the police authorities submit an arrest warrant, the judge (Chairman of the Chamber) shall hear the defendant for the reasons for which the order was issued, contact the judge of the court which issued the arrest warrant through the competent police authorities and inform him of the hearing by fax or other similar means of telecommunication to the court or by telex of the police. The Judge (President of the Chamber) of the court which issued the arrest warrant shall, on the basis of this information and of the facts contained in the criminal record, decide on the detention and notify his decision in the same way through the court conducting the hearing of the defendant.
(3) If it has been decided that the defendant is to be taken into custody, the relevant detention prison shall be served with a resolution and an order for entry into custody. If a court other than the court which issued the arrest warrant and decided on the detention order is ordering custody, the prison shall deliver only the order for admission into custody. The court which issued the arrest warrant and decided on custody shall deliver the order directly to its detention prison.
Where the court has ordered a provisional measure to bring a minor into the custody of a designated person, that decision shall be drawn up by the judge without delay, mark the enforceability clause and order the executor or, where appropriate, another authorised official of the court to carry out the enforcement of the decision, unless he has carried it out himself.
(1) Paragraphs 116a (1), 116b (1) and 116c shall also apply mutatis mutandis to the activities of the Regional Court which issued the pending arrest warrant.
(2) The President of the Regional Court or the Supreme Court shall also ensure the availability beyond the laid-down working hours and on working days to carry out acts to which that court is competent under a special law and which are not subject to a stay. (22) It shall inform the judge who is entitled under a special law to file a motion for a decision on such an act about the connection to the judge who has the availability.
Rules of Procedure for Supreme Courts
The provisions of this Order shall also apply to proceedings before the Supreme Courts.
22) Article 36 (3) of the ČNR Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended. Sections 9 (1) and 10 (2) of Act No 154 / 1994 Coll., on the Security Information Service. '
25. Part fourteenth shall be referred to as part sixteenth.
Paragraph 6, in so far as it applies to judicial secretaries, shall cease to apply on 31 December 1998.
This decree shall take effect on the day of its publication.
Minister:
JUDr. Novák v. r.
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Regulation Information
| Citation | Decree No. 246 / 1995 Coll., amending and supplementing Decree No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts, as amended by Decree No. 584 / 1992 Coll. and Decree No. 194 / 1993 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.10.1995 |
|---|---|
| Effective from | 26.10.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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