Act No. 319 / 2024 Coll.
Act amending Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of Courts and amending certain other laws (Law on Courts and Judges), as amended, and other related laws
Valid
Law
Effective from 01.01.2025
Text versions:
01.01.2025
05.11.2024
319
THE LAW
of 21 August 2024
amending Act No. 6 / 2002 Coll., on Courts, Courts, Addresses and Government Administration of Courts and amending certain other laws (Law on Courts and Judges), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Law on Courts and Judges
Act No. 21 / 2011, Act No. 21 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act, Act No. 20 / 2011, Act, Act No. 20, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, p.
1. Paragraph 31 (1) reads as follows:
"(1) The case before the Regional Court shall be settled by a single judge. In chambers, the Regional Court shall decide in cases provided for by the law on proceedings before the courts. ';
2. In Paragraph 34 (1), the words', Presidents of Chambers' shall be deleted.
3. In the first sentence of Paragraph 34 (2), the words "and the sitting 'are replaced by the words" as judges' and the last sentence is deleted.
4. Article 35 shall be deleted;
5. Paragraph 64 (1) is deleted.
Paragraphs 2 to 4 shall be renumbered paragraphs 1 to 3.
6. In Paragraph 64 (1), the words "regional courts' are deleted.
7. In Paragraph 65 (1), the words "district or 'are deleted.
8. In Paragraph 65 (2), the words "If there are more than one representative or belonging to the district of the competent court 'are replaced by the words" If they belong' and the words "the municipality concerned, its parts' are deleted.
9. Paragraph 105 (3) is deleted.
10. In Article 121 (5), the comma after the words "the Supreme Court 'is replaced by" a', the words "and the District Court 'are deleted and the words" at the end of the text of the paragraph are added'; the President of the District Court may, while maintaining his own responsibility, entrust the various acts of the administration with their consent to the other judges of the competent court '.
11. in Article 126 (1) (i), the words "and organise and coordinate the professional training of the sitting district courts for the performance of their duties" shall be deleted;
12. in Article 127 (1) (a), the words "determine the number of members of this court," shall be deleted;
13. in Paragraph 127 (1), point (e) is deleted;
Points (f) to (k) shall be renumbered as points (e) to (j).
14. In the second sentence of Paragraph 127 (4), the words "the President of the Chamber or 'shall be deleted.
15. in Article 171, the words "the President of the Chamber," and the words "the sitting," shall be deleted.
Transitional provisions
1. The duties of President of the Chamber of the District Court and of the Assistant District Court in proceedings initiated under the Laws of the Courts before the date of entry into force of this Law shall be governed by the existing legislation until the final termination of these proceedings.
2. The function of the President of the Chamber of the District Court in cases in which, under the laws on the proceedings before the courts, as effective from the date of entry into force of this Act, the adjudicator is not involved in the decision-making, the date of entry into force of this Act or the date of final termination of all proceedings, the decision-making of which he is involved in accordance with the existing legislation and the schedule of the work of the competent court on the date of entry into force of that Act.
3. The functions of the Assistant District Court in cases where, pursuant to the Laws on Proceedings before the courts, as effective from the date of entry into force of this Act, the adjudicator is not involved in the decision-making, the date of the final termination of all proceedings, in accordance with the existing laws and the schedule of proceedings of the competent court on the date of entry into force of this Law by the associate of the competent district court.
Amendment to the Code of Criminal Procedure
Act No. 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 6, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 6, No 5, No 5, No 6, No 5, No 6, No 5, No 5, No 5, No 6, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 5,
1. In Paragraph 2 (9), the words "or a single judge shall decide themselves' shall be replaced by the words" the decision itself '.
2. in Articles 10 (2), 13, 53 (2) and 270 (4), the word "highest" shall be replaced by "highest."
3. In Paragraph 12 (3), the words "the Czech Republic (Supreme Court) 'are deleted.
4. In Article 12, the following paragraph 5 is inserted after paragraph 4:
"(5) Where this law refers to the President of a Chamber, it shall also be understood as a single judge, unless otherwise stated in the nature of the case. '
Paragraphs 5 to 12 shall be renumbered paragraphs 6 to 13.
5. Paragraph 14, including the title, reads:
Entry into court
(1) A single judge shall be brought before the District Court.
(2) In the case of a regional court, proceedings shall be held at first instance by the Chamber, except in the case of particularly serious crimes referred to in Part Two, Titles V and VI of the Criminal Code, and the offence of the murder of a newborn child by a mother under Section 142 of the Criminal Code.
(3) In cases other than those referred to in paragraph 2, proceedings shall be held at first instance before the Regional Court by a single judge.
(4) The proceedings in the second instance shall be held by the Chamber before the Regional Court. "
6. In Article 17 (1), the words "terrorist attack," shall be inserted at the beginning of point (d).
7. In Paragraph 31 (1), the word "highest 'is replaced by" Supreme'.
8. In Paragraph 35 (1), the word "highest 'is replaced by" Supreme'.
9. in § 47 (2), § 47a (1) to (3), § 48 (3) and (4), § 331 (1), § 331a (2), § 332 (2), § 333 (2), § 3444 (1), § 3444 (2) and (3), § 347 (1), § 349 (2) and (3) and in § 358b (1), the word "court" shall be replaced by the words "President of the Chamber."
10. In § 47 (4), § 47a (1), § 48 (1) of the introductory part of the provision, § 344b (1), § 347 (1) and in § 349 (1), the word "Court of First Instance" shall be replaced by "President of the Chamber."
11. in Paragraph 47 (5), the word "court" shall be replaced by the words "President of the Senate."
12. in Article 73f (1), the words' a single judge 'shall be inserted after the word' present '; in cases where the Senate decides, in a permanent presence';
13. in § 146 (2) (d), the words "President of the District Chamber" shall be replaced by the words "Judge of the District Council."
14. in § 149 (5), § 262, § 265l (3) and § 270 (3), the words "or any other single judge" shall be inserted after the word "Senate."
15. in Article 159 (1) (a), the words "a case falling within the jurisdiction of a single judge in which" shall be replaced by the words "a criminal offence falling within the jurisdiction of a district court to which the law provides for a custodial sentence of no more than five years' upper limit and of which."
16. in Article 167 (1) (a), the words "a case falling within the jurisdiction of a single judge" shall be replaced by the words "an offence falling within the jurisdiction of a district court to which the law provides for a custodial sentence whose upper limit does not exceed five years."
17. in Article 181 (3), the words "President of the Chamber" shall be replaced by the words "Self-Judge" and the words "President of the Chamber in the proceedings" shall be inserted after the words "within three weeks";
18. In Paragraph 182, the words "or a single judge shall begin to declare a judgment in the case 'shall be inserted after the words" the deliberations'.
19. In Article 197 (1), the words "in cases where the Senate decides," shall be inserted after the word "trial."
20. In Paragraph 202 (1), the words "all members of the Chamber 'shall be replaced by the words" a single judge and, where the Chamber decides, in the presence of all members of the Chamber'.
21. in Paragraph 234 (1), the words "all members of the Chamber" shall be replaced by the words "self-judge and, in cases where the Chamber decides, in the presence of all members of the Chamber,"
22. In the first sentence of Paragraph 280 (4), the words "or a single judge shall begin to declare a decision on an application for renewal 'shall be inserted after the words" the deliberations'.
23. in Paragraph 314a, paragraphs 1 and 2 are deleted.
Paragraphs 3 and 4 shall become paragraphs 1 and 2.
24. in Article 314e (1), the words "A single judge may" shall be replaced by the words "A single judge may in a criminal proceedings."
25. in § 314e (6) (c):
"(c) to impose a comprehensive and joint penalty (§ 43 and 45 of the Criminal Code) and to refrain from imposing a comprehensive penalty (§ 44 of the Criminal Code), even if the previous sentence has been imposed by judgment."
26. in Article 314e (7), point (b) is replaced by the dot and point (c) is deleted;
27. in Paragraph 314o (5), at the end of the first sentence, the words "or a single judge shall begin to declare a decision in the case."
28. in § 320 (2), § 351a (1), § 353 (2), § 355 and § 357 (2), the words "district court" shall be replaced by the words "court of the district of the district";
29. in § 324 (1), § 324a (1), § 324a (2), § 324a (3), § 324a (4), § 325 (1), § 325 (3), § 325 (5), § 351 (6), § 351a (1), § 364 (1) and in § 365 (1), the words "President of the Chamber" shall be replaced by the words "self-judge."
30. In § 324a (3), § 325 (2), § 351 (6), § 353 (2), § 357 (2) and in § 364a of the introductory part of the provision, the words "President of the Chamber" shall be replaced by the words "Self-Judge."
31. in Article 331 (3), the word "also" shall be deleted;
32. In Article 333 (1), the word "court 'is replaced by the words" President of the Chamber in a public session' and the words "President of the Chamber 'after the word" also' are deleted.
33. In § 334 (3), § 350a (6), § 351a (1), first and second sentences, § 363 and § 365 (2), the word "court" shall be replaced by the word "self-judge."
34. In Article 344 (2), at the end of the text of the first sentence, the words "; the court shall be informed of the payment of the financial penalty or part thereof 'and the second sentence shall be replaced by the words" The President of the Chamber shall, without doubt, be aware that, after the conversion of the financial penalty, at least the amount corresponding to one daily rate has been paid, he shall decide which part of the transferred custodial sentence must be carried out unless the full financial penalty has been paid.'.
35. in Article 357 (1), the words "the District Court" shall be replaced by the words "The Court of Justice of the District Court";
Transitional provision
Proceedings initiated before the date of entry into force of this Act shall be subject to the provisions of the existing law on the appointment of a court until their final termination.
Amendment of the Civil Code
Act No. 2000 / 2000 Coll., Act No. 99 / 1963 Coll., as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 117 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 110 / 1995 Coll. Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2001 Coll., Act No. 31 / 2002 Coll.
1. In Paragraph 14 (1), the words "and the associate 'are deleted.
2. in Articles 14 (4), 15 (2), 15a (2), 16 (3), 16 (1) and 205a (a), the word "(associate)" shall be deleted;
3. in Articles 15 (1), 16 (1) and 229 (1) (e), the words "or the associate" shall be deleted;
4. in Article 15a (1), Article 157 (1) and Article 169 (1), the words "and the sitting 'shall be deleted;
5. in Articles 15a (2), 16a (1) and (2) and in Article 205 (2) (a), the word "(associate)" shall be deleted;
6. in Article 15a (2) and in Article 15b (1), the word "(sitting)" shall be deleted;
7. In Paragraph 15a (3), the word "(the associate) 'is deleted.
8. Paragraph 36a (1) reads as follows:
"(1) In proceedings before the District Court, a single judge shall act and rule. ';
9. Paragraph 36a (2) is deleted.
Paragraph 3 shall become paragraph 2.
(10) In Paragraph 37 (2), the words "The President shall vote before the Judges and the Junior Judges (s) before the elders" shall be replaced by "The Junior Judges shall vote before the Senior Judges."
11. in Paragraph 40a (1), the word "associate," shall be deleted;
12. in Article 172 (1), the last sentence is deleted;
13. in Article 229 (1) (g), the words "or the associate" shall be deleted;
Transitional provision
Proceedings initiated before the date of entry into force of this Act shall be subject to the provisions of the existing law on the appointment of a court until their final termination.
Amendment of the Salary Act and other formalities relating to the performance of the duties of representatives of the State and of certain state bodies and judges and Members of the European Parliament
In Article 28 (2) (a) and (b) of Act No. 236 / 1995 Coll., on the salary and other formalities associated with the performance of the duties of representatives of State authority and of certain state bodies and judges and Members of the European Parliament, as amended by Act No. 626 / 2004 Coll., the word "Chambers' shall be replaced by the word" Judges'.
Amendment of the Judicial Act on Youth Affairs
In § 79 (1), § 84 (1), § 84 (3), § 85 (1), § 85 (2) and § 86 (1) of the Act No. 218 / 2003 Coll., on the responsibility of the youth for unlawful acts and on the judiciary in the matters of youth and on the amendment of certain laws (Law on Justice in the cases of youth), as amended by Act No. 41 / 2009 Coll. and Act No. 220 / 2021 Coll., the words "President of the Chamber 'are replaced by the words" Self-Judge'.
Amendment to the Act on International Judicial Cooperation in Criminal Matters
Act No. 104 / 2013 Coll., on International Judicial Cooperation in Criminal Matters, as amended by Act No. 77 / 2015 Coll., Act No. 86 / 2015 Coll., Act No. 55 / 2017 Coll., Act No. 57 / 2017 Coll., Act No. 178 / 2018 Coll., Act No. 287 / 2018 Coll., Act No. 111 / 2019 Coll., Act No. 315 / 2019 Coll., Act No. 333 / 2020 Coll., Act No. 220 / 2021 Coll., Act No. 261 / 2021 Coll., Act No. 261 / 2022 Coll., Act No. 349 / 2023 Coll., is amended as follows:
1. the following Section 7a is inserted after Section 7, including the title:
Jurisdiction
The Chamber shall decide in the proceedings before the Regional Court as a court of first instance. '
2. In Paragraph 70 (2) (c), the words "President of the Chamber 'are replaced by the words" Self-Judge'.
3. In Paragraph 137 (4), the words "President of the Chamber 'are replaced by the words" Self-Judge'.
4. In Articles 203 (6) and 205 (2) (a), the words "a citizen of another Member State with permanent residence in the Czech Republic 'are replaced by the words" has permanent residence in its territory'.
5. in Article 205 (3) (a), the words "is a citizen of another Member State with permanent residence or habitual residence in the Czech Republic" shall be replaced by the words "has permanent residence or habitual residence in its territory."
6. In Paragraph 208 (2), the words "a citizen of another Member State with a permanent residence or habitual residence in the territory of the Czech Republic 'are replaced by the words" a person who has a permanent residence or habitual residence in its territory'.
7. In Article 215 (5), the last sentence is replaced by the following: "In the case of a person who is not a national of the Czech Republic but who is resident in its territory and who has been transferred to another Member State on the basis of an assurance under § 203 (6), or in the case of a person who is not a national of the Czech Republic but who is resident or habitually resident in its territory, and has been decided not to transfer to another Member State on the grounds referred to in § 205 (3) (a), Paragraph 120 (1) (i) shall not apply and the consent of the court under § 299 (3) shall be deemed to be granted."
8. in § 281 (1), § 281 (3) first sentence, § 283 (3), § 284 (4), § 288 (2), § 289 (1), § 289 (4) first sentence, § 297d, § 297h (1), § 297h (3) first sentence, and in § 297h (4) first sentence, the word "self-judge" shall be replaced by the words "President of the Senate."
9. In § 281 (2), § 281 (3) second sentence, § 282, § 283 (1) and (2), § 284 (5), § 285 (1) to (4), § 286 (1), § 287 (2), § 289 (4) second, third and fifth sentences, § 291, § 297f (3), § 297g (1) to (3), § 297h (3) second, third and fifth sentences, and in § 297h (4) second sentences, the word "self-judge" shall be replaced by "court."
10. In the first sentence of Paragraph 283 (2), the words "the President of the Chamber 'shall be inserted after the words" the President of the Chamber'.
11. in the second sentence of Article 283 (2), the words "the President of the Chamber" shall be inserted after the words "If this is the case."
12. In § 284 (1) of the introductory part of the provision, § 284 (2), § 287 (1) of the introductory part of the provision, and in § 297i, the word "Self-Judge" is replaced by the word "Court of First Instance."
13. In Paragraph 284 (3), the word "self-judge 'is replaced by" court'.
14. In Article 284 (4), the word "court 'shall be inserted after the word" do'.
15. in Article 286 (2), the words "the decision of a single judge" shall be replaced by the words "the decision referred to in paragraph 1 by the President of the Chamber."
16. in Articles 287 (3), 289 (1) to (3), 290 (8) and 297h (2) and (6), the word "Self-Judge" shall be replaced by "President of the Chamber."
17. in Article 289 (5) and Article 297h (5), the words "self-judge still" shall be replaced by the words "court yet" and the words "self-judge of that fact" shall be replaced by the words "President of the Senate of that fact."
18. In Article 297h (6), the words' is a single judge 'are replaced by' is a court 'and the words' is a single judge 'are replaced by' the President of the Chamber '.
EFFECTIVE
This Act shall take effect on 1 January 2025.
Pekarová Adamová v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 319 / 2024 Coll., amending Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of Courts and amending certain other laws (Law on Courts and Judges), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.11.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 598
The regulation text is for informational purposes only.
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