Full text of Act No. 32 / 1996 Coll.
Law on Courts and Judgments (full text as follows from subsequent amendments and additions)
Valid
Declared full text
Text versions:
29.02.1996
Contents
HLAVA PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 8a
HLAVA DRUHÁ
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17 a 18
§ 19
§ 20 až 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
HLAVA TŘETÍ
Oddíl první
§ 34
§ 35
§ 36
§ 37
Oddíl druhý
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
HLAVA ČTVRTÁ
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
HLAVA PÁTÁ
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
HLAVA ŠESTÁ
§ 61
§ 62
§ 63
HLAVA SEDMÁ
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
Čl. XII
Čl. II
Zobrazeno prvních 200 z celkem 368 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
32
_
announces the full text of Act No. 335 / 1991 Coll., on Courts and Judges, with amendments and additions implemented by Act No. 264 / 1992 Coll., Act No. 17 / 1993 Coll., Act No. 292 / 1993 Coll. and Act No. 239 / 1995 Coll.
THE LAW
on courts and judges
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
THE COURT OF JUSTICE AND THE MAIN PRINCIPLES OF THEIR ACTIVITIES
(1) The courts of the Czech Republic carry out independent courts.
(2) The courts of the Czech Republic are: Supreme Court of the Czech Republic ("Supreme Court"), Supreme Courts, Regional Courts, Regional Courts; at the time of the state's armed emergency, higher court-martial and lower court-martial.
(3) In the territory of the capital city of Prague, the jurisdiction of the Regional Court shall be exercised by the Municipal Court; the jurisdiction of the district courts shall be exercised by the district courts.
(4) The jurisdiction of district courts may also be exercised by courts otherwise designated in cases provided for by a special law.
repealed
The task of the courts is in particular:
(a) decide on the rights, obligations and rights protected by the interests of natural and legal persons and of the State, unless otherwise provided by the law;
(b) to decide on the defendant's guilt and to impose statutory penalties or other measures, where appropriate;
(c) examine the legality of decisions taken by public authorities, unless otherwise provided for in the law;
(d) examine the legality of decisions of other bodies, where the law so provides.
(1) In proceedings before a court, a decision shall be taken by the Chamber or by a single judge. The law on the proceedings before the courts shall specify in which cases they shall take part in the decision-making process of the sitting and in which cases a single judge shall decide. As a single judge, only a judge can decide.
(2) Judges and alternates are equal in their decisions. Only a judge may be chair of the Senate.
(3) Where this law refers to a judge, it is understood to be an associate, unless the nature of the matter implies otherwise.
(1) Judges are independent in the performance of their duties and are bound by law only. They are obliged to interpret legislation to the best of their knowledge and conscience, to take decisions impartially, fairly and without delay and only on the basis of facts found in accordance with the law.
(2) The law provides protection to judges against unauthorised interference in their activities.
(3) The State also guarantees the independence of judges by means of their substantive safeguards.
(1) The authorities of the state administration of the courts may be contacted by complaints concerning the procedure of the court only if there are delays in proceedings or inappropriate conduct of the courts or the breach of the dignity of the proceedings before the court.
(2) Anonymous administration is not to be handled.
(3) The details of complaints relating to the procedure of the courts and their handling are laid down in specific laws.
(1) All are equal before the law and before the court. Everyone has the right to the protection of his or her rights, freedoms and the rights of protected interests before a court, unless the law confers such protection on other authorities. The courts shall decide themselves and independently whether the case before them is within their competence.
(2) No one may be removed from his legal judge.
(3) Anyone may act in his mother tongue before a court. The law determines when the costs of taking on the interpreter are borne by the State.
(1) Proceedings before courts are essentially oral and public. The exemption may only be provided for by law.
(2) Judgments are declared on behalf of the Republic and always publicly.
(3) The President of the Chamber shall decide whether it is possible to record images or to carry out visual or audio transmissions during the trial.
(1) This prohibition shall not apply to members of the armed corps on duty.
ORGANISATION AND ACTIVITIES OF THE COURT
District courts
(1) The District Court shall be composed of the President of the Court, the Vice-President or Vice-Presidents of the Court, other Judges and Addresses.
(2) The District Court shall act in chambers or by a single judge.
(3) The Chambers of the District Court consist of a judge and two alternates.
The District Courts shall act as courts of the first instance, unless otherwise provided in the law on proceedings before the courts.
The President and Vice-President of the District Court shall, in accordance with the schedule of work, conduct the judiciary belonging to the District Court as Presidents of Chambers or as self-Judges. The President of the District Court, on the basis of the final decisions of the Court of First Instance, gives incentives through the Regional Court to unify the decisions of the Supreme Court.
Regional courts
(1) The Regional Court shall consist of the President and Vice-Presidents of the Court, other Judges and Addresses.
(2) The Regional Court shall act in chambers; self-judges shall rule in cases provided for in the law on proceedings before courts.
(3) Chambers of the Regional Court consist of:
(a) of the Judge and of the two alternates, if they act as courts of the first instance in criminal matters;
(b) the President and two Judges in other cases.
(1) The Regional Courts shall rule as second-degree courts in cases in which the regional courts have ruled at first instance. The law on the proceedings before the courts shall determine when the regional courts shall rule as the courts of the first instance.
(2) Other cases of decision-making by regional courts are governed by the law on court proceedings.
The President and Vice-Presidents of the Regional Court shall, in accordance with the schedule of the work of the judiciary belonging to the Regional Court as Presidents of Chambers or Judges. The President of the Regional Court, on the basis of the final decisions of the courts, gives the initiative to unify the decisions of the Supreme Court.
Supreme Courts
(1) The Supreme Court shall consist of the President of the Court, the Vice-President or Vice-Presidents of the Court and other Judges.
(2) The Supreme Court shall act in chambers composed of the President of the Chamber and two Judges.
Supreme Courts
(a) they shall act as second-instance courts in cases in which the regional courts have ruled at first instance;
(b) examine the legality of decisions of other bodies in cases provided for by law;
(c) decide in other legal cases.
cancelled
The President and Vice-Presidents of the Supreme Court shall, in accordance with the schedule of the work of the judiciary belonging to the Supreme Court as Presidents of Chambers or Judges. The President of the Supreme Court, on the basis of final decisions of the Court of First Instance, gives the initiative to unify the decisions of the Supreme Court. If requested by the Supreme Court, the President of the Supreme Court shall give observations before giving an opinion on the interpretation of laws and other laws (hereinafter referred to as "opinions'). The Supreme Court or his college.
cancelled
Supreme Court
The Supreme Court shall consist of the President of the Court, the Vice-President of the Court and other Judges.
(1) The Supreme Court shall act in chambers composed of the President of the Chamber and two Judges. In chambers composed of the President of the Chamber and four Judges, it shall rule on extraordinary appeals against decisions of the Supreme Courts.
(2) repealed
(1) The Supreme Court ensures the lawfulness of judgments by:
(a) decide on extraordinary appeals in the cases provided for in the laws governing proceedings before the courts;
(b) it shall act in other legal cases.
(2) The Supreme Court also decides on the recognition and enforceability of a decision of the foreign courts in the Czech Republic, if required by law or international treaty. It shall also act in other legal cases.
(3) The Supreme Court shall monitor the final decisions of the courts and shall deliver opinions in the interests of uniform decisions of the courts.
(1) The President of the Supreme Court may propose to the College or to the full the adoption of an opinion [Paragraph 28 (1) (b)] where a question of law requires harmonisation of interpretation.
(2) Before taking an opinion, the Supreme Court may request observations from the Presidents of the Supreme Courts and representatives of other administrative offices and other bodies and legal persons.
(3) The rules of procedure of the Supreme Court shall lay down the details.
(1) Judgments of the Supreme Court shall constitute criminal, civil and commercial colleges according to their activity. The chairs of the colleges shall be the head of the colleges. The President of the Supreme Court may, with the agreement of the Plenary, merge certain colleges where appropriate in view of the content of their activities.
(2) The Presidents of the College shall organise and manage the activities of the College. On the basis of final decisions by the courts, they propose to the College an opinion on the interpretation of laws and other legislation.
(3) Before taking an opinion, the College may request observations from the Presidents of the Supreme Courts and representatives of administrative offices and other bodies and legal persons.
(1) The Plenum of the Supreme Court consists of the President, Vice-President and other Judges of the Supreme Court. A decision may be taken validly in the presence of at least two thirds of its members.
(2) The plenary session of the Supreme Court is not public. The Presidents of the Supreme Courts may attend the plenary sessions. Other persons may be invited to the plenary session.
(3) In particular, the aim of the Supreme Court
(a) to be decided upon by the Rules of Procedure of the Supreme Court;
(b) deliver opinions on the interpretation of laws and other legislation on matters relating to multiple colleges or disputes between colleges;
(c) discuss reports on the effectiveness of laws and other legislation and, on their basis, encourage new legislation.
(1) The President of the Supreme Court shall, in accordance with the schedule of the work of the judiciary belonging to the Supreme Court, act as President of a Chamber or Judge. While respecting judicial independence, he shall ensure the dignity of proceedings, other activities of judges of the Supreme Court and respect for the principles of judicial ethics. On the basis of final decisions by the courts, the College or the Plenary shall seek opinions on the interpretation of laws and other laws.
(2) The President of the Supreme Court shall convene and manage the agenda of the Supreme Court.
(3) repealed
(4) The Vice-President of the Supreme Court represents the President in the manner laid down in the Rules of Procedure. In accordance with the schedule of work, the judiciary belonging to the Supreme Court shall act as President of the Chamber or Judge.
Seats and districts of the courts
(1) The seat of the Supreme Court is Brno.
(2) The district of the Supreme Court in Prague coincides with the districts of the Regional Courts in Prague, České Budějovice, Pilsen, Ústí nad Labem, Hradec Králové and the Municipal Court in Prague. The district of the Supreme Court, based in Olomouc, coincides with the districts of the Regional Courts in Brno and Ostrava.
(3) Seats and districts of district and county courts shall determine a separate law.
(4) The special law may be:
(a) a district or county court has been established to deal with a case of a particular kind from the circumference of one or more district or county courts and their names are identified;
(b) it shall be established that cases of a particular kind shall be dealt with by a single district court of several courts.
(5) The Ministry of Justice of the Czech Republic (hereinafter referred to as the "Ministry of Justice") may establish a branch of the Ministry of Justice in the District Court or Regional Court by a general binding law.
ESTABLISHMENT OF COURT AND MEMBERS
General provisions
Presumption for the function of judge and associate
(1) Any citizen of the Czech Republic who is eligible for legal action may be appointed as a judge or associate if his experience and moral characteristics give a guarantee that he will hold the judicial function properly, reaches the age of 25 on the date of the provision and agrees to his provision as a judge or associate and to be assigned to a particular court.
(2) The Judge, other than the conditions referred to in the preceding paragraph, must have full legal higher education and a professional judicial examination.
(3) A special law may lay down further conditions and procedures for examining the assumptions and moral characteristics required for the function of judge.
(4) repealed
(5) The professional examination, the judicial examination, the uniform judicial examination, the uniform judicial and legal examination, the military legal examination, the notarial examination, the prosecutor's examination, the arbitration test, the final evaluation of the waiting practice and other similar final examinations carried out before the application of this law have the same effects as the professional judicial examination under this law. The Minister of Justice may recognise the bar exam and professional examination for a commercial lawyer as a professional judicial examination under this law.
The President
(1) Judges are appointed without a time limit.
(2) Admin are elected for four years.
(3) Eligibility to perform the duties of judge or associate shall begin with the date on which the oath is lodged after the provision.
repealed
Promise
(1) After their provision, the judges and the adversaries make this promise: "I promise in my honour and conscience that I will abide by the laws, interpret them to the best of my knowledge and conscience, and make decisions in accordance with them independently, impartially and fairly." Refusing to make a promise results in a loss of function.
(2) The composition of the promise shall not be repeated if the associate has been re-elected.
(3) The vows consist of:
(a) deleted:
(b) Judges of other courts in the hands of the Minister of Justice,
(c) the alternates of the county and county courts in the hands of the President of the court to which they were elected.
Provisions of the Judges and Members
(1) The President of the Republic shall be appointed by the Judge.
(2) The election of the sitting courts shall be governed by a special law.
Appointment of judicial officials
(1) The President and Vice-President of the Supreme Court are appointed from among the Judges by the President of the Republic.
(2) The Presidents of the colleges and the Presidents of the Chambers of the Supreme Court and the Presidents of the Chambers of the Supreme Courts shall be appointed by the Presidents of the competent court from among the Judges of that court.
(3) The Presidents and Vice-Presidents of the Supreme and Regional Courts, as well as the Presidents and Vice-Presidents of the District Courts, are appointed by the Minister of Justice from among the Judges appointed for the courts of the Czech Republic.
(4) The Presidents of the Chambers of the Regional and District Courts shall be appointed by the President of the relevant Regional Court of the Judges of the Regional Court and the District Courts.
Allocation of Judges to a particular court and transfer of Judges
(1) The Judge shall be assigned to a court by the Minister of Justice on the basis of his prior consent (§ 34 (1)). An additional withdrawal of such consent shall result in the loss of office, unless the judge can assign it to another court with his consent.
(2) The Minister of Justice may transfer a judge to another court of the same degree or to a higher court only with his consent.
(3) The Minister of Justice may transfer the judge only at his request.
(4) If the proper conduct of the judiciary cannot be ensured in accordance with the procedure laid down in paragraphs 2 and 3, the Minister of Justice may, after consulting the President of the Court to which the Judge is assigned to perform his duties, transfer the Judge, even without his consent or his request, to another court, if the law provides for a change in the organisation of the courts or a change in the perimeter of the courts.
(5) In accordance with paragraph 4, a Judge of the court concerned by the legal amendment referred to in paragraph 4 may be transferred only to another court of the same degree within the perimeter of the court by one degree higher or to a court of one degree lower in the district of the court to which the Judge is assigned to perform his duties. The Judge referred to in paragraph 4 may be translated only within six months of the application of the law giving rise to the grounds for the decision; for the same reason, the Judge may not be retranslated.
(6) The basic salary due to the judge under a special law, 2) which has been transferred to another court pursuant to paragraph 4, shall remain valid.
(7) An appeal to the Supreme Court may be brought against the decision of the Minister of Justice referred to in paragraph 4 in accordance with special provisions (3).
(8) Without consent or without request, the Judge may be transferred to another court of the same degree or to a lower court by a final decision of the court of disciplinary action.
(9) The Minister of Justice may assign or transfer judges to the Supreme Court only with the consent of the President of that Court. The approval of the President of the Supreme Court is also required for the transfer of a judge of that court to a lower court (paragraph 3).
Temporary secondment of a Judge
(1) For the proper functioning of the judiciary, the judge may be temporarily assigned:
(a) to pursue judicial activity in a court of higher education;
(b) to pursue judicial activity in the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District Court of the District,
(c) to pursue judicial activity in another district court in the district of the county court, if it is a judicial district court.
A Judge may be assigned temporarily to another court only with his consent.
(2) With the consent of the Judge, the Judge may be temporarily assigned:
(a) use of experience in the Ministry of Justice;
(b) a judge of the District Court or of the Regional Court for the exercise of judicial activity in a district court outside the district court or another regional court;
(c) a judge of the Supreme Court for the exercise of judicial activity in another Supreme Court.
(3) The period of secondment of a Judge may not exceed one year in three years except in the case referred to in paragraph 2 (a).
(1) The temporary allocation shall be decided by:
(a) the Minister of Justice, if it is for the temporary secondment of judges to the Ministry of Justice or to the Supreme Court;
(b) the Minister of Justice, if there is a temporary assignment to a district court outside the district court or to another regional court or to a supreme court;
(c) deleted:
(d) deleted:
(e) deleted:
(f) the President of the Regional Court in other cases.
(2) In the cases referred to in paragraph 1 (a), with the exception of secondment to the Ministry of Justice, the Judge's consent to the management body to which the Judge is to be seconded shall be assigned.
repealed
_
Appeal
Contents
HLAVA PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 8a
HLAVA DRUHÁ
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17 a 18
§ 19
§ 20 až 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
HLAVA TŘETÍ
Oddíl první
§ 34
§ 35
§ 36
§ 37
Oddíl druhý
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
HLAVA ČTVRTÁ
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
HLAVA PÁTÁ
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
HLAVA ŠESTÁ
§ 61
§ 62
§ 63
HLAVA SEDMÁ
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
Čl. XII
Čl. II
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Full text of Act No. 32 / 1996 Coll., Act on Courts and Judges (full text as shown by later amendments and additions) |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.02.1996 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0