Act No. 255 / 2019 Coll.
Law amending certain laws in connection with the adoption of the Law on experts, expert offices and expert institutes and the Law on judicial interpreters and translators
Valid
Law
Effective from 01.01.2021
Text versions:
01.01.2021
09.10.2019
255
THE LAW
of 10 September 2019
amending certain laws in connection with the adoption of the Law on experts, expert offices and expert institutes and the Law on judicial interpreters and translators
Parliament has decided on this law of the Czech Republic:
Amendment to the Code of Criminal Procedure
Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, No 2006, No 2006 / 2006, Act No. 5, No. 5, Act No. 5, No. 5, No 5, No. 5, No. 5, No. 5, No 5, No. 5, No 5
1. In the last sentence of Paragraph 28 (1), the words "which are in direct connection with the procedural acts and the deliberations' shall be inserted after the words" the lawyer '.
2.
(1) The interpreter may refuse to conduct an interpretation act on the grounds set out in another legislation and on the grounds set out in Sections 99 and 100. The exclusion of the interpreter shall be decided by the law enforcement authority which brought it in.
(2) The amount of the remuneration and compensation of the interpreter shall be determined by the law enforcement authority which brought it in in accordance with other legislation governing the remuneration and compensation of the interpreter. If the law enforcement authority does not agree with the amount of remuneration and compensation to be charged, it shall decide by a resolution. There is an admissible complaint against the resolutions which has suspensory effect. '
3. The following Section 29a is inserted after Paragraph 29:
The provisions of this Interpreter Act shall apply mutatis mutandis to the person performing the interpretation activity on a one-off basis. '
4. In the third sentence of Article 33 (4), the words "and 4 'shall be inserted after the words" Paragraph 39 (2)'.
5. In Paragraph 39, at the end of paragraph 2, the sentence "At the request of a lawyer, the foreign language in which he also provides his services shall be entered on the waiting list. '
6. In Paragraph 39, the following paragraph 4 is inserted after paragraph 3:
"(4) Where possible, the defendant who has exercised the right referred to in Article 2 (14) shall, in accordance with the procedure referred to in paragraph 3, be established by a lawyer who, according to the information on the waiting list, provides his services in the language of which he has stated that he is in control, in the language of nationality of the defendant, in the official language of the State of the accused's nationality, in the State of his or her nationality. '
Paragraph 4 shall become paragraph 5.
7. In Paragraph 39, at the end of paragraph 5, the sentence "If one of the lawyers is a lawyer established in accordance with the procedure laid down in paragraph 4, the provisions of the other lawyers shall be deleted. ';
8. In Part One, Title Five, Section Four, the heading reads: "Expert, expert office and expert institute."
9. In Paragraph 105 (2), the sentence "The expert may refuse to submit an expert opinion for the reasons set out in another legislation and also for the reasons set out in paragraphs 99 and 100 is inserted after the first sentence. The expulsion of the expert shall be decided by the law enforcement authority which brought him in for the expert opinion and by the President of the Chamber in the proceedings before the court. '.
10. In the first sentence of Paragraph 105 (3), the words "the grounds provided for by a special law 'are replaced by the words" the grounds of bias for which it is excluded from the submission of an expert opinion under a special law'.
11. In the first sentence of Article 105 (5), the words "in the list of experts' shall be replaced by" as an expert or expert office in the list of experts, expert offices and expert institutes'.
12. The following Section 109a is inserted after Section 109:
Office of Knowledge
(1) The law enforcement authority may also add an expert office to the report. The expert office which has been assigned to submit the expert opinion shall submit the expert opinion in writing. It shall indicate the expert who drew up the opinion and may be heard as an expert if necessary. If two experts are to be recruited (§ 105 (4)), one expert office may submit the expert opinion, but two experts must draw up the expert opinion.
(2) Paragraph 105 to 109 shall otherwise apply mutatis mutandis to expert offices and to experts who have drawn up the expert opinion. '
13. The heading of § 110 reads: "The Institute of Knowledge."
14. in Paragraph 110 (1), the words "a state body, a scientific institute, a university or an institution specialised in expert activities" shall be replaced by "an expert institution."
15. In the first sentence of Paragraph 110 (2), the words "He who has been recruited to submit an expert opinion or to review an expert opinion referred to in paragraph 1," shall be replaced by the words "The Expert Institute" and, in the second sentence, the words "If two experts have to be recruited (§ 105 (4))," shall be replaced by the words "Such person shall not be the one who has submitted an expert opinion which is examined by the expert institute."
16. In Paragraph 110, the sentence "If two experts need to be recruited (Paragraph 105 (4)) is added at the end of paragraph 2, one expert institute may submit the expert opinion, but two persons must draw up the expert opinion."
17. in Paragraph 110 (3):
"(3) Paragraph 105 to 109 shall otherwise apply mutatis mutandis to expert institutes and to persons who have drawn up the expert opinion. '
18. Paragraph 110 (4) is deleted.
19. After Paragraph 110a, the following Section 110b is inserted:
Charges
The amount of the expert fee shall be determined by the law enforcement authority which the expert, the expert office or the expert institute has added to the expert opinion, in accordance with other legislation governing the fees. If the law enforcement authority does not agree with the amount of the fees charged, it shall decide by a resolution. There is an admissible complaint against the resolutions which has suspensory effect. '
20.
Person performing one-off expert activities
Paragraph 105 to 110b shall apply mutatis mutandis even if the law enforcement authority adds a single expert to the expert opinion. '
21. In the seventh sentence of Paragraph 157 (3), the words "special rules on experts and interpreters" are replaced by the words "provisions of this law and of the special law governing the exclusion of experts from the submission of an expert opinion."
22. In Section 157, paragraphs 4 and 5 are added:
"(4) Consultant recruited in accordance with paragraph 3 shall be remunerated for the provision of professional assistance and reimbursement of expenses incurred effectively in connection with the provision of professional assistance; the remuneration does not belong to a consultant who provides professional assistance in relation to the institution or body referred to in paragraph 3, second sentence. The remuneration shall be determined on the basis of the amount of work and the degree of expertise needed to provide professional assistance. The remuneration may be reduced accordingly if the professional assistance has not been provided properly. If there is a particularly serious case of inquality provision of professional assistance, the law enforcement authority may completely deny remuneration. The remuneration and reimbursement of the final expenses shall be increased by an amount corresponding to the value added tax, which is the consultant, the payer of the value added tax, which shall be charged for the remuneration and reimbursement of the final expenses under the Value Added Tax Act. The amount and method of determining the remuneration and reimbursement of the expenditure effectively incurred and their payment shall be determined by the Ministry of Justice by decree.
(5) The consultant is obliged to charge the claim for remuneration and reimbursement within 3 days of the provision of professional assistance. The amount of the remuneration and reimbursement of the final expenses shall be determined by the law enforcement authority which the consultant has received within 30 days of carrying out the bill. If the law enforcement authority does not agree with the amount of remuneration or reimbursement due, it shall decide by way of a resolution. There is an admissible complaint against the resolutions which has suspensory effect. '
Amendment of the Trade Business Act
Act No. 1 / 2006, Act No. 6, Act No. 5, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6 / 1999, Act No. 6 / 1997 Coll., Act No. 6 / 1996 Coll.
1. in Paragraph 3 (2) (d), including footnote 7:
"(d) interpreters and interpreters (7),
7) Act on Judicial Interpreters and Judicial Translators. '
2. In Article 3, at the end of paragraph 3, the dot is replaced by a comma and the following point (al) is added:
"(al) the performance of expert activities by experts, expert offices and expert institutes (72).
72) Act No. 254 / 2019 Coll., on experts, expert offices and expert institutes. '.
Amendment of the Law on judicial fees
In the Annex to Act No. 549 / 1991 Coll., on Legal Charges, as amended by Act No. 218 / 2011 Coll., entry 36 is deleted.
Amendment of the Act on the residence of foreigners in the Czech Republic
Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 13 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011 / 2011, Act No. 15 / 2011 / 2011, Act No. 15 / 2011, Act No. 15 / 2011 / 2011 / 2011 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011 / 2011, Act.
1. In Article 169 (3), the words "referred to in Article 24 of the Law on Experts and Interpreters' are replaced by the words" pursuant to the Law on Judicial Interpreters and Translators'.
2. in Article 169h (2) (e), the words "referred to in Article 24 of the Law on experts and interpreters" are replaced by the words "under the Law on interpreters and interpreters of the courts."
3. in Article 169r (1) (l), the words "referred to in Article 24 of the Law on experts and interpreters" shall be replaced by the words "under the Law on interpreters and interpreters of the courts."
Amendment of the Administrative Charges Act
Act No. 31 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 11 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 11 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 11, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 13 / 2011, Act No. 2011, Act No. 13, Act No. 2011, Act No. 2011, Act No. 2011, No 2011, No 2011, Act No. 2011, No 2011, No 2011, No. 2011, No, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017, Act No. 20 / 2017 / 2017, Act No. 20 / 2017 / 2017, Act No. 20 / 2017 / 2017, Act No. 20 / 2017 / 2017 / 2017 / 2017 / 2017, Act No. 20 / 2017 / 2017 / 2017 / 2017 / 2017, Act No. 15, Act No. 15, Act No. 15 / 2017, Act No. 15 / 2017 / 2017 / 2017 / 2017 / 2017, Act 2017, Act No 2017 / 2017, Act 2017 / 2017 / 2017 / 2017, Act No. 20 / 2017 / 2017 / 2017 / 2017, Act No 2017 / 2017, Act No 2017 / 2017, Act No. 15, Act No. 15,
"Heading 22A
| Vydání průkazu | |
| a) znalce podle zákona o znalcích, znaleckých kancelářích a znaleckých ústavech | Kč 500 |
| b) tlumočníka podle zákona o soudních tlumočnících a soudních překladatelích | Kč 500". |
Amendment of the Act on Electronic Acts and Authorised Conversion of Documents
Act No. 300 / 2008 Coll., on electronic acts and authorized conversion of documents, as amended by Act No. 190 / 2009 Coll., Act No. 219 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 263 / 2011 Coll., Act No. 167 / 2012 Coll., Act No. 503 / 2012 Coll., Act No. 192 / 2016 Coll., Act No. 298 / 2016 Coll., Act No. 299 / 2016 Coll. and Act No. 183 / 2017 Coll., is amended as follows:
1. In Article 3 (1) and (5), the words "eligible for legal action 'are replaced by the words" qualified'.
2. In the first sentence of Article 4 (3), the words "and the insolvency administrator 'shall be replaced by the words", the insolvency administrator, the expert, the court interpreter and the court translator' and the words "and the insolvency administrator 'shall be replaced by the words", the insolvency administrator, the expert, the court interpreter and the court translator'.
3. In Paragraph 11 (1) (c), the words "waiving or restricting the legal capacity of that person 'are replaced by the words" limiting the incapacity of that person'.
4. Paragraph 15, including the title, reads:
Use of data from public administration information systems and synergies
(1) The Ministry uses data boxes to manage the information system and to establish and manage data boxes
(a) the following reference data from the population base register:
1st surname,
2. name and / or name,
3. the address of the place of stay,
4. date, place and district of birth, with the data subject who was born abroad, date, place and state where he was born,
5. the date, place and district of death, if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date on which the data subject declared to be dead did not survive and the date on which the decision was acquired;
(b) from the population registration information system:
1. name (s), names (s), surname (s), surname (s),
2nd birth number,
3. depriving or restricting legal capacity;
(c) from the alien information system:
1. name (s), names (s), surname (s), surname (s),
2nd birth number,
3. depriving or restricting legal capacity;
(d) from the basic register of legal persons, commercial natural persons and public authorities, all reference data, with the exception of the information on the natural person's agenda identifier for that registry.
(2) The Chamber of Auditors of the Czech Republic shall inform the Ministry without delay of the registration of the person in the register of auditors, of the data kept on the person in the register of auditors necessary for the establishment of the data box and of any changes thereto and of the termination of the authorisation to carry out the audit activities of that person.
(3) The Ministry of Justice shall immediately inform the Ministry of Justice of the entry of an expert in the list of experts, expert offices and expert institutes (hereinafter referred to as "the list of experts") and of the entry of a court interpreter or a court translator in the list of judicial interpreters and of the removal of that person from the list of experts or from the list of judicial interpreters necessary for the establishment of the data box and its amendments and the removal from the list of experts or the list of judicial interpreters. "
Transitional provision
The Ministry of the Interior shall establish experts, a judicial interpreter and a judicial translator registered under the Law on experts, expert offices and expert institutes and under the Law on Judicial Interpreters and Judicial Translators within 6 months of the date of entry into force of this Act a data box pursuant to Article 4 (3) of Act No. 300 / 2008 Coll., as effective from the date of entry into force of the Act.
Amendment to the Health Services Act
Act No. 372 / 2011 Coll., on Health Services and Conditions of Provision (Health Services Act), as amended by Act No. 167 / 2012 Coll., the Constitutional Court found under No. 437 / 2012 Coll., Act No. 66 / 2013 Coll., Act No. 303 / 2013 Coll., Act No. 60 / 2014, Act No. 205 / 2015 Coll., Act No. 47 / 2016 Coll., Act No. 126 / 2016 Coll., Act No. 45 / 2019 Coll., Act No. 147 / 2016 Coll., Act No. 189 / 2016 Coll., Act No. 192 / 2016 Coll., Act No. 264 / 2016 Coll., Act No. 298 / 2016 Coll., Act No. 65 / 2017 Coll., Act No. 183 / 2017 Coll.
1. In Paragraph 51 (3), the words "the expert office," shall be inserted after the words "experts,"
2. in Paragraph 65 (2) (i), the word "institution (30)" shall be replaced by the words "constitution or office (30)."
Footnote 30 reads:
"30) § 2 (1) of Act No. 254 / 2019 Coll., on experts, expert offices and expert institutes. '.
EFFECTIVE
This Act shall take effect on 1 January 2021.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 255 / 2019 Coll., amending certain laws in connection with the adoption of the Law on Experts, Expert Offices and Expert Offices and the Law on Judicial Interpreters and Judicial Translators |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.10.2019 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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