Act No. 279 / 2003 Coll.
Law on the enforcement of property and property security in criminal proceedings and amending certain laws
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Law
Effective from 01.01.2004
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279
THE LAW
of 7 August 2003
on the exercise of property and property security in criminal proceedings and amending certain laws
Parliament has decided on this law of the Czech Republic:
PERFORMANCE OF THE DECISION TO INSURANCE THE PROPERTY AND MANAGEMENT OF THE GUARANTEED PROPERTY AND THINGS
GENERAL PROVISIONS
(1) That law lays down the procedure for the enforcement of decisions to secure property or its designated part for the purposes of the execution of the sentence, the enforcement of a measure of protection shall prevent part of the property or the satisfaction of the injured party in criminal proceedings and in the management of such property, as well as the management of cases and spare values issued, withdrawn or otherwise secured in criminal proceedings ("property ').
(2) Under this law, the enforcement of decisions on the freezing of property issued in the framework of international judicial cooperation in criminal matters for the purposes referred to in paragraph 1 and the management of property secured under the Law on international judicial cooperation in criminal matters shall also be carried out.
(3) According to that law, it does not proceed with the administration of cases which the criminal authority has taken into custody for the purpose of carrying out the evidence, unless it is a case the sale of which has been decided pursuant to Paragraph 80 of the Criminal Code.
(4) For the purposes of this Act, sales are also considered to be the legal system.
(5) By filing an indictment, an application for approval of an agreement on guilt and punishment, an application for punishment, an application to prevent a case, an application to prevent a part of the property or an application to prevent a replacement value under the criminal rules, the jurisdiction to administer the property is transferred to a court. The prosecutor shall, together with the indictment or application referred to in the sentence of the first court, forward all documents of the actions taken in managing the secured property in the preparatory proceedings.
(6) The provisions of this Law on the Procedure of the Court shall be applied mutatis mutandis to the Procedure of the Prosecutor. The provisions of this Law on the procedure of the court in the management of the secured property shall also apply mutatis mutandis to the procedure of the police authority which has decided to secure the property, has called for the issue of the case or has issued an order for the removal of the property under the criminal rules; prior to the decision on the sale of the secured property, the police authority shall inform the prosecutor that the property is to be sold, except where a perishable item is to be sold. In accordance with this law, the judge shall decide on the acts which interfere with fundamental rights and freedoms and which, under the criminal rules, are decided by a judge in the preparatory proceedings.
(7) The provisions of this law, which refer to the defendant, shall apply mutatis mutandis to another person to whom property has been secured in criminal proceedings.
(8) Unless otherwise provided for in this law, the court shall proceed with the execution of the judgment on the freezing of property and the administration of the property secured under the criminal law.
PERFORMANCE OF THE DECISION TO ENSURE THE PROPERTY
General measures
(1) The Court of First Instance which has decided to secure the property (hereinafter referred to as collateral) shall take all necessary steps to enforce such a decision, even before the acquisition of its legal power. The short-term decision on collateral shall be notified without delay to the authority or person responsible for the execution of the security. At the same time, the court shall invite the authority or person responsible for the execution of the security to notify it without delay if it finds that the property which has been secured is being treated in such a way as to undermine or impede the purpose of the security. After that authority or person has carried out the security, the court shall deliver the decision on the security to the person who has secured the case.
(2) The court which has decided on the security shall inform the persons and authorities known to have a right to pre-purchase or other property, or to conduct proceedings in which the exercise of the right to dispose of the asset is restricted. If the property right has been ensured and if the account claim is not against a bank or other entity authorised to hold an account for another, the court shall deliver the shortened decision of detention without justification to the debtor of the defendant and shall order him to surrender the corresponding transactions to his custody or other designated place. The debtor shall fulfil his obligation to the extent of the performance provided by the deposit or other designated place of custody of the subject-matter.
(3) If the court which has decided to ensure this is necessary to achieve the purpose of the security, it shall also inform the other authorities and persons who, under special legislation, have an obligation to register, supervise or otherwise in respect of the property covered or its owner or holder, and shall invite them to notify it without delay if they find that the property covered is being disposed of in such a way as to undermine the purpose of the security; those authorities and persons shall comply with such a call. The court which has decided to secure a stake in a commercial corporation shall also inform the commercial corporation of that fact after the legal authority of that decision. If, under the cadastral law, an application has been filed for the registration of a property right into the property register on the basis of the legal conduct by which the defendant treats the property, before a resolution on its collateral has been issued and has not yet been definitively decided on by the competent authority, the proposal in question loses its legal effect on the date of the acquisition of the legal power of the warrant.
(4) Where entry in the register under special legislation is necessary for the transfer or for the establishment of the right to secure the property, such registration may be carried out only with the prior consent of the court which has decided on the security, after having been notified pursuant to paragraph 3.
Exclusion
(1) Cases in the possession of the defendant which are necessary to satisfy the life needs of the defendant and his family or to carry out his or her duties, as well as other matters the sale of which would be contrary to good manners shall be excluded from the execution of the freezing decisions; in particular:
(a) ordinary clothing components;
(b) normal household equipment;
(c) wedding rings and articles of a similar nature,
(d) medical supplies and other matters which the defendant needs due to his illness or physical defect;
(e) cash made up to twice the minimum of life laid down under the special legislation per person accused;
(f) animals for which the economic effect is not the main purpose of breeding and which serve the accused as his partner.
(2) In addition, cash benefits for disabled persons and the care allowance, the benefit of assistance in material distress, the benefit of State social assistance and the once-paid benefits of State social assistance and foster care are excluded, and up to the amount of the basic amount which must not be deducted from the monthly salary in the execution of a decision under the civil Code of Justice,
(a) the claim of the defendant for payment of remuneration for the employment relationship or for a similar relationship to the employment relationship;
(b) the claim of the defendant for payment of maintenance;
(c) claims for sickness and pension benefits; and
(d) State social support and foster care benefits which are not paid on a one-off basis.
(3) Other cases not subject to the enforcement of a judicial decision under the Civil Code shall also be excluded from the execution of a judgment in order to satisfy the claim of the injured party under the criminal rules.
Exclusion of cases on the basis of a proposal from the person concerned
(1) The Court of First Instance shall decide, on the application of the defendant or of a person whose nutrition and education the defendant is required to ensure that matters other than those excluded under Article 3 (1) are excluded from the protection.
(2) At the request of a person who objects to his or her right to property in respect of matters which have been secured, the court shall decide to exclude such matters from the protection if it fails to establish facts which would seriously call into question the merits of such an application. If the relevant reasons do not prevent this, the court shall decide on the application to exclude cases from detention within 10 days of its receipt.
(3) A complaint having suspensory effect shall be admissible against the orders referred to in paragraphs 1 and 2.
Detection of movable goods
(1) The Court of First Instance is empowered to establish movable property for the purposes of the enforcement of the freezing decision to order a personal inspection of the defendant and an inspection of the apartment or other premises for housing or premises belonging thereto (hereinafter referred to as "dwellings") and other premises and parcels where the defendant may be presumed to have his property. Such inspections shall be carried out by the authority which ordered them or by the police authority.
(2) The inspection authority may also accept persons whose participation in the inspection is necessary in particular for the purposes of the proper identification, valuation and security of the movable items identified.
(3) Whoever carries out the inspection shall write down the movable goods to which the security relates and, if the movable items found during the examination are not listed in the decision to secure the property, shall write down those of them which are not excluded from the security under this law. The movable goods listed must be defined accordingly so as not to be interchangeable with others.
(4) Unless otherwise stated in paragraphs 1 to 3, the provisions of the Penal Code on personal search, home search and inspection of other premises and land shall apply mutatis mutandis to the Regulations and the conduct of inspections.
(5) Where the defendant has the right to issue or supply movable property, the matters shall be referred to the court or at the latter's direction to the person responsible for the management of the secured property.
(6) Anyone who carries movable property items of the defendant's property shall be required to inform the court or the person responsible for the management of the property immediately after having known of the decision to secure the property.
Handling of recorded movable goods
(1) Where necessary for the purposes of reinsurance, the items listed in Article 5 shall be removed from the person carrying them if he does not issue them at his request; in so doing, it shall be treated mutatis mutandis in accordance with Sections 78 and 79 of the Penal Code. The inspection authority may, when assessing all relevant circumstances, keep the movable item at the place where it is located, in particular where:
(a) the withdrawal of such a case would result in it being degraded or the case with which it is functionally linked;
(b) the withdrawal of such a case would be accompanied by disproportionate technical difficulties,
(c) it is a matter requiring special care or which is associated with disproportionate costs; or
(d) it is a matter of negligible value.
(2) If the movable item is left in the place where it is located, that fact shall be included in the inventory together with the reason for the procedure and the matter shall be properly defined in such a way that it is not interchangeable with others. At the same time, the investigating authority shall issue an order to delay the handling of a case in which it shall properly and unmistakably define the case and prohibit it from being dealt with in any way in law or in fact in a way that would undermine the purpose of its detention, in particular by transferring it to another, burdened, damaged or destroyed. The prohibition shall apply to all and shall be effective at the moment of the placing of the order at the place where the case is situated; to that end, the order must contain a lesson, including a warning of the consequences of the infringement. The legal action taken in contravention of the prohibition laid down in the order is invalid, and the court shall also take into account its own motion. The movable item left on the spot shall be marked in such a way as to make it clear that it is subject to a delay order.
(3) The retention of a movable item at the place where it is located shall not prevent the competent law enforcement authority from subsequently calling for such a case to be issued or issuing an order for its withdrawal if it considers that this is necessary for the purpose of the freezing.
(4) The criminal authority responsible for deciding on a case issued or withdrawn under the criminal rules may at any time decide to leave it, for the reasons referred to in paragraph 1, to the person to whom it has been secured; it shall proceed accordingly in accordance with paragraph 2. A complaint against such a decision shall not be admissible.
(5) The law enforcement authority competent under the criminal rules to decide on a case left on the spot or on the basis of a court order shall be entitled to enter the place where the movable item is located for the purpose of checking compliance with the order for the detention of the movable item secured or for the purpose of withdrawing the case; it is not entitled to act other than those relating to the execution of a compliance check or its withdrawal. In the case of a residence or other area for which a search is required by a judge, and the person with whom the secured item is located does not agree to entry, the authority referred to in the first sentence of the preparatory procedure shall be entitled to enter the residence or other such premises after prior agreement of the Judge; a police authority shall request it through a public prosecutor. Without such prior consent, the authority referred to in the first sentence may enter premises other than dwellings if the granting of consent cannot be obtained in advance and the matter cannot be delayed; is, however, obliged to seek the consent of the Judge without delay.
(6) Paragraphs 1 to 5 shall apply mutatis mutandis to identified machines or other fixed equipment which are part of the real estate and which are separable.
Detection of securities, cash and intangible assets
(1) The registered securities and investment vehicles shall be drawn up by the court after they have become aware that such book-entry securities and investment vehicles are registered in the relevant register under specific legislation for the accused; where necessary or in doubt, request a report from the authority or person authorised to keep such a register. Following the listing of the listed securities and investment vehicles, the court shall communicate to the authority or person authorised to keep the relevant records in accordance with the special legislation which the book-entry securities and investment vehicles of the accused have been drawn up, the date of their listing and shall issue an order to ensure the right to dispose of the listed securities and investment vehicles.
(2) If foreign exchange money, other foreign exchange values or a higher amount of money in Czech crowns than those excluded from security have been found in the course of the procedure under this law, they shall be deposited in the custody of the court.
(3) Deposit books, deposit certificates and other forms of deposit, shares, notes, cheques or other securities or other documents which are necessary for the exercise of a right shall be drawn up in a similar manner to other items under this law and shall be deposited in the custody of the court.
(4) The court shall, according to their nature, invite the person to carry out the corresponding performance to the court or other court designated for the purpose of applying a right, if it is in respect of certificates, shares, notes, cheques or other securities, or other documents which are required for the exercise of a right; Paragraph 2 (2) of the third sentence shall apply mutatis mutandis.
(5) If the funds in the account, securities, book-entry securities and investment vehicles and other intangible goods cannot be properly secured in accordance with paragraphs 1 to 4, the court will carry out the security in accordance with the criminal rules.
Detection of immovable property
(1) As soon as the court finds out that the defendant is the owner of the immovable property to which the collateral is to be covered or covered, it shall verify that fact in the property register by means of remote access. A copy of the shortened order of detention without justification shall be sent by the court to the competent cadastral office and, where this is not apparent from the order, shall notify it of the name, surname, surname, birth number or date of birth and permanent or other residence of the accused, or, if the legal person, his name, registered office and identification number of the person concerned, and if the security does not affect all the property of the accused, shall indicate the immovable item to which the security relates.
(2) On the basis of an order for the examination of a immovable property issued by a court and in preparatory proceedings by a judge, at the request of a prosecutor, a court or a prosecutor, or on the basis of their instructions, the police authority may carry out an examination of the immovable property and its accessories in order to determine the state of the immovable property and the effectiveness of its security. The law enforcement authority shall inform the investigating party of the time and place of the examination of the owner of the property or of the person living with him in the common household and of the person known to have rights to the property. These persons are obliged to allow for the inspection of the property and its accessories. The investigating authority may add persons whose participation in the examination is necessary, in particular for the purposes of the valuation of the real estate. Where a movable item or machine or other fixed equipment which is part of the immovable item and which is separable for which reasons are given to secure it is identified when the immovable item is examined, it may be ensured by leaving it on the spot without issuing a search warrant for the dwelling or searching other premises and parcels; in so doing, it shall be treated mutatis mutandis in accordance with Article 6 (1) to (3).
(3) The court shall inform the competent cadastral office of the acquisition of the legal authority of the order for securing the real estate.
GOVERNANCE OF THE GUARANTEED PROPERTY
Purpose of administration and liability of the AIFM
(1) Property secured in criminal proceedings shall be managed in accordance with this Act where legal action or action is required to be taken in order to avoid, without cause, any impairment or impairment of the assets secured or, where appropriate, to increase the assets expected.
(2) In order to achieve the purpose of the management of the AIFM, the controller shall exercise, to the extent necessary, the rights and obligations associated with the assets secured, the exercise of which is conferred upon him by this law, or the execution of which has been prohibited by the court. The AIFM shall exercise individual rights and obligations according to the nature of the property covered and the rights associated with it in accordance with this law and with specific legislation and in accordance with the delegation or management contract; while progressing properly and conscientiously.
(3) Save as otherwise provided in specific legislation, the administrator shall be liable for any damage caused by him or the persons he has used to perform his or her duties to whom he or she has been caused in connection with the performance of that activity; they shall be relieved of such liability if they prove that the damage could not have been prevented even if all the efforts that may be required of them had been made.
(4) The AIFM shall have a contract for liability insurance or other damage that may arise in connection with the performance of the administration, as concluded during the period of administration; This does not apply if the State is responsible for its activities under the Act on Liability for Damage caused by the exercise of public authority by decision or by maladministration. The contract shall cover the liability of the administrator for damage caused by his or her performance or omission in the performance of the duties of the AIFM, or in connection with him or her, or by the performance or omission of his or her staff in the performance of his or her duties, where the performance or omission took place during the period of insurance. This contract shall be concluded by the administrator no later than 5 days after the management has been entrusted or the management contract has been negotiated with him and, immediately after the contract has been concluded, to prove that fact to the person responsible for the administration or to the management contract.
(5) The insurance performance limit agreed in the liability insurance contract referred to in paragraph 4 must be at least CZK 1 000 000 for one insurance event; for a trustee who, on the basis of secured rights to a share, performs the function of a member of a statutory body in a commercial corporation whose annual total net turnover under the Accounting Act for the last financial year prior to the administration's mandate has reached at least CZK 100 000 000, or who employs at least 100 employees in a business relationship, the insurance performance limit must be at least CZK 10 000 for one insurance event.
Planning of asset management
Where possible and required by the nature of the assets secured, the court shall consult the Ministry of the Interior on the cost of managing such assets and ensuring an appropriate way of managing them.
Managers of secured property
(1) The management of the assets secured shall be carried out by a court which, depending on the nature and extent of the matters and rights which constitute it, has decided at first instance or has transferred jurisdiction to the administration under Paragraph 1 (5) or under its authority by the Ministry of the Interior.
(2) Where the authority referred to in paragraph 1 cannot ensure the pursuit of the management of a security of a kind, the court shall:
(a) the organisation of the State or the State organisation shall be entrusted with the management of the State's property;
(b) delegate to its administration, in return for payment, to the court executor whose perimeter the assets secured are located; where the assets secured are located within the districts of two or more of the territorial offices of the court executors, the court may entrust the administration of each of those offices; or
(c) conclude a contract with another person engaged in an area or sufficiently competent to exercise the management of the property in question (hereinafter referred to as "the contractual administrator") for the agreed remuneration and, where appropriate, free of charge.
(3) The authorisation to manage the secured property is a measure which must take a written form and include, in particular, the designation of the court which issued the mandate, the designation of the authorised administrator and the definition of the scope of the administration. In the mandate to manage the secured property or in the annexed documents, the secured property to which the mandate relates must be properly and unmistakably identified. The authorisation for the management of the secured property may also be issued for the exercise of a partial legal act or an act relating to the secured property. Where the administration of the secured property has been entrusted to the Ministry of Interior or to another administrator in the preparatory procedure, no new mandate shall be required in the proceedings before the court. The exercise of the management by the authorised administrator shall begin by the service of the delegation to the authorised administrator and the acquisition of the assets to be managed. The Court of First Instance may at any time revoke the mandate for the management of the secured property in writing and, under the conditions laid down in this Law, authorise another administrator to conclude a contract for the management of the property or the assets secured.
(4) The content of the contract referred to in point (c) of paragraph 2 shall also include an arrangement on the obligation of the contract administrator to have a contract for liability insurance or other damage covered by Article 8a (1) for the duration of the administration. 4. The contract may also be concluded for the performance of a partial legal act or an act relating to the assets secured. Where the sale of the secured property is taken into account, the contract must also include arrangements for determining the purchase price and the sale procedure. The contract also provides for the transfer of rights and obligations under a contract concluded by a police authority or a public prosecutor from that authority to a court. The performance of the management of the contract administrator shall begin with the conclusion of the contract and the acquisition of the assets to be managed.
Refusal of delegation or continued administration
(1) The authorised administrator or the person to be entrusted with the administration may refuse authorisation to manage the assets of a particular kind only on the ground that:
(a) the management of the property requires special conditions of disposal or specific competence which it is unable to provide; or
(b) the management is associated with disproportionate costs.
(2) Refusal of a mandate to manage a security of a type may:
(a) the authorised administrator in writing no later than 15 days from the date of its receipt, giving the detailed reasons for such action; or
(b) whoever is to be entrusted with the administration, orally to the protocol at the place where the assets secured are located, indicating the intended reason for the refusal; no later than 15 days after the date of refusal of delegation, the court shall give detailed reasons for such action.
(3) If the Ministry of the Interior rejects in writing the mandate for the management of the secured property, it will provide the court with the necessary synergies for the purpose of ensuring the proper management of such property and, together with the refusal of the mandate, propose to it another suitable administrator or, where appropriate, other procedure, if no suitable administrator can be found. If the Ministry of the Interior rejects the delegation orally on the spot, it shall propose to the court another suitable administrator or other procedure no later than 15 days after the date of refusal. If the management mandate is rejected by another authorised administrator, the Ministry of Interior shall propose to the court another suitable administrator or other procedure no later than 15 days from the date on which the court informs them of this fact. The refusal by the Ministry of the Interior of the mandate to manage the secured property does not prevent it from being entrusted with the sale of such property, even if it is taken over and administered by another administrator.
(4) Where, in the course of the exercise of the management of the asset of a type, a fact occurs which was not known when the asset of a type was taken over, giving rise to one of the grounds for refusal of the mandate referred to in paragraph 1, and where such property cannot be sold, the authorised administrator may refuse to continue the management of such property. Paragraph 3 shall apply mutatis mutandis in that case.
(5) Refusal of the mandate or further execution of the management of the mandate for the management of a security of a type shall cease; even after the termination of the mandate, the authorised administrator shall be obliged to exercise the management of the secured property which he has taken over until it has been handed over to the court or other administrator.
Share manager
(1) If the rights relating to the holding in a commercial corporation (hereinafter referred to as the "holding ') have been ensured and the management of the business corporation is to be exercised, the court shall entrust the management of the holding to the person entered in the list of insolvency administrators which has been issued a special authorisation under the Insolvency Trustee Act; if it is not possible to do so, it shall entrust the management of another insolvency administrator's share. Where a specific law links ownership of the share or exercise of the function of a statutory body in a commercial corporation to the fulfilment of certain specific conditions, those conditions may not be met with the administrator of the holding; However, if one of the insolvency administrators fulfils these conditions, the court shall determine it as a priority by the trustee.
(2) In cases other than those referred to in paragraph 1, the management of the holding shall be carried out by the trustees referred to in Section 9.
(3) The insolvency administrator may refuse the management mandate referred to in paragraph 1 only for important reasons to be considered by the court. The Court of First Instance shall not rule on the management of the insolvency administrator's share if it has reasonable doubts as to its unbiased nature.
(4) The court shall inform the commercial corporation whose share has been secured of the entrustment of the management of the holding and the cancellation of the entrustment.
(5) With regard to the share of securities and the decision on its sale, the court shall ensure the sale through the contractual administrator.
Special Administrator
(1) Management
(a) cases where there are reasonable grounds for suspecting that they have been obtained in connection with a breach of customs legislation or legislation governing the administration of excise duties or in connection with or on the basis of a breach of the legislation governing the operation of gambling,
(b) radioactive waste and sources of ionising radiation are carried out by the management of radioactive waste storage sites;
(c) specimens of plants and animals, regulated furs and seal products and other individuals protected under the Act on Trade in Endangered Species and Individuals of Specially Protected Species of Plants and Animals and Wild Birds protected under the Act on Nature Conservation and Landscape,
(d) arms, ammunition, ammunition, explosives, regulated explosives precursors, pyrotechnic articles, where necessary for their handling, and other substances or mixtures which may be used for the manufacture of explosives, addictive substances and precursors, including equipment for their manufacture, products containing addictive substances and other dangerous substances, shall be carried out by the Regional Directorate of the Police of the Czech Republic, in whose territory the seat of the court conducting criminal proceedings is situated.
(2) The authorisation for the management of the secured property referred to in paragraph 1 shall not be issued. The AIFM referred to in paragraph 1 shall exercise management from the moment it takes over the assets secured.
Rights and obligations of the AIFM
(1) The AIFM is required to act legally in order to prevent the impairment or impairment of the assets secured, in particular:
(a) to claim compensation in due time and to issue an object of unfounded enrichment;
(b) monitor on an ongoing basis whether the debtors fulfil their obligations to the secured property in a timely and proper manner, enforce and enforce the rights which are otherwise the responsibility of the owner of the secured property or, where appropriate, of another person authorised to dispose of the property, and prevent the limitation or termination of such rights;
(c) to rely on the annulment of a legal act brought by the accused in breach of the prohibitions imposed on him by a decision to secure property under the criminal rules.
(2) Matters which have been issued or withdrawn from the defendant are also required to ensure and protect properly against impairment, in particular against damage, destruction, loss, theft or abuse, and to carry out the necessary steps to preserve the value of the matter.
(3) In order to protect the secured property in judicial, administrative or other proceedings, the AIFM shall do all the acts which its owner or any other person entitled to dispose of the property is otherwise entitled to do; in insolvency proceedings, it may exercise the rights of the creditor to that effect.
(4) The Trustee shall keep the assets secured in evidence and in a clear manner in the register, pending the final disposal of the property; the assets secured are not subject to accounting and inventory.
(5) The AIFM shall not carry out any other obligations relating to the hedged assets than those referred to in paragraphs 1 to 4. Other rights relating to the secured property shall be exercised by the AIFM in order to protect the secured property only to the extent that it has been prohibited by the accused court under the criminal rules. The AIFM shall not be entitled to use, lease, load or transfer the assets secured.
(6) For the purposes of the proper exercise of the management of the secured property, the AIFM shall be entitled to take all necessary steps, in particular to inspect the accounting records, contracts and other documents, to make copies of them, to request for the necessary period of time the documents and other documents necessary for the purposes of the management of the secured property and to enter the places where they are located, not for housing; the accused and other persons against whom the action is carried out shall be obliged to provide the AIFM with all necessary synergies. If the persons listed in the first sentence do not comply with the order without sufficient apologies or do not comply with the administrator's call and provide them with the necessary synergies, the court may impose an order-by-order fine of up to CZK 50 000; if the person acting as a legal person disobeys such an order or invitation, an order fine of up to CZK 500,000 may be imposed on the legal person he represents; these persons must be informed in advance. A complaint having suspensory effect shall be admissible against a decision imposing a fine; Article 146a of the Penal Code shall apply mutatis mutandis to decisions on a complaint.
Management of the share
(1) The share manager enters into the secured rights of a member of a trading company or a member of a cooperative and exercises them to the extent necessary in accordance with this Act and the Commercial Corporation Act.
(2) Where, in order to achieve the purpose of the administration, one or more members of the statutory body of a commercial corporation need to be replaced and the rights guaranteed allow such a procedure to be exercised by the AIFM, the AIFM shall convene the highest body of the commercial corporation and obtain its appeal through it and shall be elected as a member of the statutory body in their place; the provisions of the Commercial Corporations Act on the integrity of a member of the Commercial Corporations Body and its demonstration, the number of members of the Statutory Corporations Body and the minimum time limits for the notification of the date of the meeting of the Supreme Corporations Body shall not apply.
(3) At the request of the court, the AIFM shall submit to it within a reasonable period of time, a report of its activities in the management of the holding; such a report shall be submitted to the court by the administrator within 15 days of the date of the expiry or revocation of its mandate to manage the holding.
(4) The trustee's mandate to manage the share shall cease to exist
(a) the cessation of his right to pursue the activities of the insolvency administrator under the Insolvency Trustees Act;
(b) by cancelling its authorisation or special authorisation under the Insolvency Trustees Act;
(c) the disappearance of a commercial corporation without a universal legal successor; or
(d) his death.
(5) Paragraph 4 shall be without prejudice to the power of the court to revoke the mandate of the AIFM for other reasons.
(6) Where the administrator of the holding exercises the function of a member of the commercial corporation body at the time of the termination or revocation of the mandate, that function shall cease at the date of the termination or revocation of the mandate; However, if the court has entrusted the management of the shares under this law to the new administrator within 14 days of the termination or termination of the mandate of the former administrator, the new administrator shall be transferred to that function on the date of its mandate by the administration. The legal proceedings made by the current administrator as a member of the statutory body of the commercial corporation between the revocation or termination of its mandate and the moment when it becomes aware of the revocation or termination of the mandate shall remain valid if approved by the new statutory body. The current administrator shall provide the new administrator, liquidator or insolvency administrator with the necessary synergies at their request, in particular to inform them of the legal proceedings taken by him.
Remuneration of the share manager
(1) The share manager shall have the right to remuneration and reimbursement of final expenses.
(2) The remuneration of an administrator who, on the basis of the rights to share secured, exercises the function of a member of the statutory body of a commercial corporation and the reimbursement of its final expenses is borne by the corporation's assets. If the assets of a corporation are insufficient in whole or in part to pay the remuneration of the AIFM and to reimburse its final expenses, they shall be borne by the State. The remuneration of an administrator who manages the holding and is not a member of its statutory body and the reimbursement of its final expenses shall be borne by the State.
(3) The Court of First Instance shall, on application by the administrator, decide on the amount of his remuneration and the amount of compensation for his final expenses; the proposal of the AIFM shall include a statement of remuneration and final expenses, the proposed amount of compensation for the final expenditure being demonstrated by the AIFM and justified by their effectiveness and rationality. There is an admissible complaint against this decision which has suspensory effect.
(4) In determining the amount of the remuneration of the trustee, the court is based on the fact that the trustee exercises the function of a member of the statutory body in the commercial corporation and on the amount of the turnover of the corporation. If the level of remuneration of the AIFM cannot be determined in accordance with these criteria, the court shall take into account the duration of the term of administration, the scale and the complexity of the activity of the AIFM and, if the AIFM performs the function of a member of the statutory body in a commercial corporation, the court shall also take into account the level of remuneration of the other members of the statutory body or, failing such members, the level of remuneration of the former members of the statutory body.
(5) In cases where remuneration and reimbursement of the costs incurred by the administrator are borne by the State, the court shall pay them out of the State budget.
(6) The Court of First Instance may, in the course of the management of the holding, decide to pay the advance payment of the remuneration and reimbursement of the expenses incurred by the administrator, even repeatedly.
(7) The method of determining the remuneration and the final expenses of the administrator responsible for managing the share, the maximum allowable amount of remuneration and the final expenses paid by the State and the method of paying them shall be laid down in the implementing legislation.
Administration costs
The costs necessary for the proper performance of the management of the secured property shall be borne by:
(a) the administrator responsible for managing the hedged assets pursuant to Article 9 (1) or Article 9 (2) (a);
(b) the court, in the event that the administration is carried out by the administrator responsible for the management of the secured property pursuant to Article 9 (2) (b), the contracting administrator or the share manager, where the costs of the management of the share are borne by the State; or
(c) a special administrator in the event of the management of the secured property pursuant to § 9c.
Sale of secured property
(1) The Tribunal may decide to sell the property secured with the prior consent of the defendant; consent to the sale may be given in writing or orally to the Protocol. In such a case, the defendant may make a binding statement on the lowest price at which the property may be sold; He must be informed of this right.
(2) Without the consent referred to in paragraph 1, the court may decide to sell the assets secured if it is reasonable to assume that:
(a) succumb to perishability or any other hard to resist damage;
(b) rapidly lose market value, particularly when it comes to motor vehicles and electrical equipment;
(c) excessive costs shall be associated with the management; or
(d) management will require specific conditions of use or specific competence which can only be ensured with disproportionate difficulty.
(3) In the event that the conditions laid down by this law are fulfilled, the authorised or contracting administrator shall propose to the court the sale of the assets secured; the court shall decide on such an application immediately upon receipt.
(4) When determining the purchase price and when selling progresses
(a) a court, mutatis mutandis, in accordance with specific legislation governing the sale of cases in the judicial enforcement of decisions;
(b) another law enforcement authority, Ministry of the Interior, other organisational body of the State or of the State Organisation, mutatis mutandis under the special legislation governing the management of the State's property;
(c) the executor, mutatis mutandis, in accordance with specific legislation governing execution,
(d) the administrator responsible for managing the shares, as appropriate under the Public Auctions Act;
(e) the contract administrator in a manner agreed in the contract.
(5) The amount of money obtained by sale shall be deposited in the custody of the court.
(6) A complaint having suspensory effect shall be admissible against the orders referred to in paragraphs 1 and 2 (b) to (d). Paragraph 146a of the Penal Code shall apply mutatis mutandis to decisions on a complaint against a resolution under paragraph 2 (c) or (d).
FINAL PROVISIONS
The Ministry of Justice shall issue a decree implementing Paragraph 10b (7).
Amendment to the Code of Criminal Procedure
Act No. 141 / 1961 Coll., on the Criminal Procedure of the Court (Criminal Code), as amended by Act No. 57 / 1965 Coll., Act No. 58 / 1969 Coll., Act No. 149 / 1969 Coll., Act No. 48 / 1973 Coll., Act No. 166 / 1998 Coll., Act No. 43 / 1980 Coll., Act No. 115 / 1993 Coll., Act No. 152 / 1995 Coll., Act No. 150 / 1997 Coll., Act No. 209 / 1997 Coll., Act No. 148 / 1998 Coll., Act No. 98.
1.
(1) If there is a reasonable concern that the satisfaction of the injured party's claim for compensation for damages caused by the offence will be undermined or made more difficult, the claim may be secured against the defendant's property up to the likely amount of damage.
(2) The security referred to in paragraph 1 shall be decided by the court, on a proposal from the prosecutor or the injured party, in the preparatory procedure by the prosecutor on a proposal from the injured party. In the preparatory procedure, the prosecutor may also ensure that the injured party is entitled, on his own initiative, to protect his interests, particularly if there is a risk of delay.
(3) If the injured party is aware that the accused is the owner of the property or has a movable item located outside his place of permanent or other residence, he shall, as far as possible, indicate in the application to secure his claim for compensation where such a thing is.
(4) In the order on the security of property, the court and the preparatory procedure shall prohibit the defendant from handling, or in the exercise of such a decision, the items referred to in the freezing order; shall also prohibit, after notification of the order, the property from being transferred to, or burdened by, another person and shall require the court, within 15 days of notification of the order, to disclose to the court whether and who has a right to pre-purchase or other property, informing the defendant that he is otherwise liable for the damage caused by it.
(5) A claim which cannot be invoked in criminal proceedings cannot be secured. In order to ensure entitlement, cases which cannot be punishable under civil law by the enforcement of a judgment may not be used. Security shall not be subject to cash welfare benefits and State social assistance benefits paid to the accused under a special law on a one-off basis; and
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Regulation Information
| Citation | Act No. 279 / 2003 Coll., on the execution of property and property security in criminal proceedings and on the amendment of certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.08.2003 |
|---|---|
| Effective from | 01.01.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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