Decree No. 322 / 2013 Coll.
Decree amending Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts, as amended
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10.10.2013
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322
DECLARATION
of 2 October 2013
amending Decree No. 37 / 1992 of the Ministry of Justice of the Czech Republic Coll., on Rules of Procedure for Regional and Regional Courts, as amended
The Ministry of Justice, pursuant to § 45 (1) of Act No. 6 / 2002 Coll., on Judgments, Judgments, Addresses and Government Administration of the Courts and amending certain other laws (Law on Courts and Judgments), § 468 and 469 of Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended by Act No. 539 / 2004 Coll., under § 374 (1) of Act No. 99 / 1963 Coll., Civil Code, as amended, pursuant to § 515 of Act No. 296 / 2013 Coll., on Special Proceedings of the Court, and pursuant to § 431 (d) of Act No. 182 / 2006 Coll., on Insolvency and Procedures (Insolvency Act), as amended by Act No. 296 / 2007 Coll.:
Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll., on the Rules of Procedure for District and Regional Courts, as amended by Decree No. 584 / 1992 Coll., Decree No. 194 / 1993 Coll., Decree No. 246 / 1995 Coll., Decree No. 278 / 1996 Coll., Decree No. 234 / 1997 Coll., Decree No. 482 / 2000 Coll., Decree No. 104 / 2002 Coll., Decree No. 268 / 2003 Coll., Decree No. 202 / 2007 Coll., Decree No. 315 / 2007 Coll., Decree No. 168 / 2009 Coll., Decree No. 457 / 2009 Coll., and Decree No. 438 / 2011 Coll., are amended as follows:
1. in Article 2 (1) (a), the words "public authorities" shall be replaced by "official persons."
2. in Article 2 (1) (d), the word "public" shall be inserted after the word "public."
3. in Article 2 (2) (a) (6), the words "criminal organisation" shall be replaced by the words "participation in an organised criminal group."
4. in Article 2 (2) (b) (1) and in Article 116a (1), the word "court" shall be inserted after the word "care."
5. in Article 2 (2) (b) (2), the word "inheritance" shall be replaced by the word "survivor."
6. in Article 2 (2) (b), points 3, 4 and 7 are deleted;
Points 5, 6 and 8 to 13 shall become points 3, 4 and 5 to 10.
7. in Article 2 (2) (b), points 3 to 5 read:
"3rd intellectual property,
4. unfair competition and illegal restriction of competition,
5. public registers of legal and natural persons, '.
8. In Article 2 (2) (b), the words "and execution 'shall be added at the end of the text of point 9.
9. In Article 3 (1), the word "undertaking 'is replaced by" business establishment'.
10. in Article 3 (2), the word "security" shall be inserted after the word "armed."
11. in Article 3 (4), the words "Ministry of Justice of the Czech Republic" are replaced by the words "Ministry of Justice" and the words "Ministry of Foreign Affairs" are replaced by the words "Ministry of Foreign Affairs."
12. in Article 6 (1) (k):
"(k) measures for the performance of protective treatment, security detention, protective education and prevention of objects or other property values;"
13. in Article 6 (1) (l), the words "the suspension of the rest of the sentence of the ban on the entry into sports, cultural and other social events" shall be inserted after the words "stay,";
14. in Article 6, at the end of paragraph 1, the dot is replaced by a comma and the following points (r) and (s) are added:
"(r) the addition of an interpreter;
(s) the mandate of the probation officer. ';
15. in Article 6 (2) (k):
"(k) acts and decisions in proceedings relating to the estate, not to the provisions of the administrator of the estate or part thereof pursuant to § 97 (2) of Act No. 292 / 2013 Coll., on special court proceedings (hereinafter referred to as" W.W. "), on the procedure under § 167 (2) W.W, on the liquidation of the estate pursuant to § 192 W.W, on the schedule of the proceeds of the exploitation of the estate of the deceased pursuant to § 269 W.W., on the cancellation of the appointment of a notary pursuant to § 103 W.W., on the exclusion of the notary and its staff pursuant to § 104 W.W., on the estate whose general price is higher than 5 million CZK, on the estate situated abroad, or on the survivor of the survivor of the deceased who lived abroad."
16. in Article 6 (2) (l), the word "minors" shall be replaced by the words "the care of minors," the words "persons deprived of legal capacity and" shall be replaced by the words "persons restricted in their capacity," and the words "and legal persons" shall be inserted after the word "unknown."
17. in Article 6 (2) (o):
"(o) the handling of simple cases concerning public registers of legal and natural persons,"
18. in Article 6 (2) (t):
"(t) acts in insolvency proceedings, with the exception of negotiations and decisions on:
1. the provisions of the insolvency administrator;
2. Withdrawal of the insolvency administrator from office,
3. exemption from the function of insolvency administrator;
4. the annulment of the resolution of the creditors' meeting,
5. The provisions of the provisional creditor committee,
6. measures taken in the enforcement of decisions or execution contrary to restrictions under the insolvency law;
7. a proposal for a regulation of an interim measure limiting the debtor's right to dispose of the property;
8. Proposal for a Moratorium,
9. Decline,
10. rejection of the insolvency proposal;
11. That the debtor is not bankrupt,
12. declaration of bankruptcy and cancellation;
13. approval of the final report and the timetable resolution;
14. authorisation of the reorganisation, approval of the reorganisation plan and its amendments and conversion of the reorganisation into bankruptcy,
15. the approval of the debt relief and its amendments, the granting of an exemption from payment of debts included in the debt relief and the withdrawal of such an exemption and the cancellation of the debt relief;
16. closure of the debtor's business establishment,
17.
19. in Article 6 (3) (g), the words "or additional protection" shall be inserted after the words "asylum."
20. In Paragraph 6 (9) (d), the words "sale of immovable property or an application for enforcement by the establishment of a judicial lien on immovable property" shall be replaced by the words "management of immovable property, the application for enforcement of a judgment by the sale of immovable property or an application for enforcement by the establishment of a judicial lien on immovable property."
21. in Article 6, the dot is replaced by a comma at the end of paragraph 9 and the following point (f) is added:
"(f) they shall send to the Public Prosecutor a motion or order initiating proceedings in cases referred to in Article 8 (1) W."
22. The heading of Part Three reads: "Inspection of judicial files and public registers of legal and natural persons."
23. Paragraph 8 (1) reads:
"(1) The legal file or public registers of legal and natural persons may be consulted and certified in the court and shall contain copies and extracts in accordance with specific legislation in official hours under the supervision of the authorised court staff. The rooms designated for this purpose shall be clearly marked and indicated on the court's indicative board. A prior order is required to inspect the file. '
24. in Paragraph 12 (1), the word "sphincter" shall be deleted;
25. in Paragraph 12 (2), the words "re-attached" are replaced by "re-attached."
26. In Article 13 (6), the words "or dignity 'shall be inserted after the words" the course'.
27. in Article 13 (7), the words "to representatives or agents" shall be replaced by "to representatives, agents or supporters."
28. In Paragraph 14 (2), the word "personal 'shall be inserted after the word" only'.
29. In Paragraph 16 (2), the words "the President of the Chamber shall also, as a general rule, invite the Prosecutor and the defendant to state whether they insist on producing a statement of reasons if the conditions for issuing the simplified judgment are otherwise fulfilled (§ 129 (2) (3))."
30. In Article 19 (2), the words "the person in charge of security detention" shall be inserted after the word "freedom."
31st Paragraph 19 (3) reads as follows:
"(3) A person in constitutional care who has been placed in it without his or her consent or who is in it for reasons for which he or she could have been placed without his or her consent shall be summoned through a health care institution or medical institution which shall also ensure its presentation. ';
32. The heading of Section 20 is deleted.
33. Paragraph 20 (1) is deleted and paragraph 2 is deleted.
34. In Article 21 (2), the words "shorthand or 'shall be deleted and the words" personal' shall be inserted after the words "indicate '.
35. in Article 21 (3), the words "the parental agreement on the education and nutrition of a minor child, the agreement on contact with a minor child, the agreement on the settlement of the inheritance or the agreement on the transfer of the overindebted inheritance to the payment of debts," shall be replaced by the words "or any other agreement on the subject of proceedings, the agreement of the surviving spouse on the settlement of the assets belonging to the joint estate of spouses, the agreement on the settlement of the compulsory portion for the unconditional heir,"
36. In Paragraph 21, at the end of the text of paragraph 6, the words "or, where appropriate, the recorder or the reporting officer shall make a sound recording 'shall be added.
37. in Paragraph 21 (8), the word 'resolution' is replaced by 'decision';
38. in Article 21b (1) and (2), the word "(copies)" is replaced by "or copies."
39. in Paragraph 21b (3):
"(3) The electronic copies or copies of the decision and other documents of the court must be signed by a recognised electronic signature of the person who made them or bear a recognised electronic mark of the court. ';
40. Paragraph 22, including the title, reads:
Use of the official stamp
(1) By means of a round official stamp, the court shall, in particular, affix to the paper copies or copies of the decisions of the court, the documents conferring the custody and representation of the minor, the provision or appointment of a guardian or guardian, the mandate of the judicial commissioner, the mandate and the execution order, the approval of the contract of assistance, the approval of the representation of a member of the household, the official confirmation (certificate), the order of execution and the arrest order of detention, the order of detention, and the order of release from custody or the execution of the sentence, the request for the removal of persons, the provision of the lawyer, as well as well as well as all documents intended for the courts or other authorities abroad.
(2) The provisions of paragraph 1 shall not apply where the postal service operator is involved in the production of paper copies of the decisions and other documents of the court pursuant to Paragraph 48 (4) (a). ';
41. in Article 23 (3), the words "attach their recognised electronic signature" shall be replaced by "sign their recognised electronic signature."
42. In Article 24, the words "indicating the date on which the legal authority occurred and the signature of the person who attached the clause 'shall be added at the end of the text of paragraph 1.
43. In Article 24, at the end of paragraph 2, the words "with the signature of the person who attached the clause 'shall be added.
44. Paragraph 25 (1) is deleted.
Paragraphs 2 to 6 shall be renumbered paragraphs 1 to 5.
45. in Article 25 (5), the words "and be entered in the paper file" shall be replaced by the words "and shall be entered in the paper file and deposited in the relevant information system. The President of the Chamber (self-Judge) may instruct that certain annexes to the submission made to the data box are not to be transferred to the paper form and be incorporated into the paper file '.
46. in § 28 (1), the words "§ 140 (2), § 141 and 215 W" shall be inserted after the words "o.s.,";
47. in Article 28b, "(copy)" is replaced by "or copy."
48. Paragraph 29 (3), including footnotes 4 and 5, reads as follows:
"(3) However, for a participant who is not in an employment relationship or in a similar employment relationship, he shall be employed, the basis for calculating the compensation for loss of earnings shall be the amount calculated on the basis of the income tax of the natural person (4), divided by the number of working hours laid down by the special legislature5) for the same calendar year. The amount of the tax base according to which the last known tax obligation is determined, but not more than CZK 486 000, shall be used for the calculation of the refund of the income forgone; where the amount of the loss of earnings cannot be demonstrated in this way, the participant shall be entitled to compensation for the loss of earnings per hour equivalent to the minimum wage per hour under the Government's minimum wage regulation, but not more than eight times that amount per day.
4) Act No. 586 / 1992 Coll., on Income Tax, as amended.
5) Act No. 262 / 2006 Coll., Labour Code, as amended. '
49. In Paragraph 29, at the end of paragraph 4, the sentence "Issue and loss of earnings of a child's confidante or supporter are also required as part of the costs of the participant's proceedings."
50. In Article 33 (1), the words ", the child's confidant and the supporter 'shall be inserted after the words" the guide'.
51. In Paragraph 34, the words "(hereinafter referred to as" tr. zák. ") 'shall be added at the end of the first sentence.
52. in Article 34b (1), the words "and the available contact details of the sentenced person, such as the address indicated for delivery and telephone contact," shall be inserted after the word "punishment."
53. Paragraph 35, including the title, reads:
Provisional measures
As soon as the decision imposing provisional measures becomes enforceable, the court shall send a copy thereof to the police authority which has led or is conducting criminal proceedings and to the authority which will participate in its implementation. This shall apply mutatis mutandis to other decisions relating to the provisional measure imposed. '.
54. Paragraph 37 (1) reads:
"(1) If the sentenced person does not exercise the sentence of imprisonment or the execution of a criminal measure of imprisonment within the prescribed time limit, or if it has been established from specific facts that his stay at liberty is dangerous, or if his conduct or other specific facts show reasonable concern that he will flee or hide, the President of the Chamber (self-judge) shall order the sentenced to be delivered for the execution of the sentence of imprisonment or for the execution of the criminal measure of imprisonment in the relevant detention prison (Section 321 (3), first sentence). If the stay of the sentenced is not known, the court shall, by order of delivery until the execution of the sentence of imprisonment or the execution of criminal measures, expressly state that the stay of the sentenced must be traced (Section 321 (3), second sentence). The order for delivery until the execution of the sentence of imprisonment or the execution of the criminal measure of imprisonment shall be sent to the territorial department of the Regional Directorate of Police of the Czech Republic, to the Municipal Directorate of Police of the Czech Republic or to the District Directorate of Police of the Czech Republic responsible for the place of residence of the sentenced person. If the address of the sentenced person is not known, the order for delivery until the execution of the prison sentence or the execution of the criminal measure of imprisonment shall be sent to the territorial department of the Regional Directorate of the Police of the Czech Republic, the Municipal Directorate of the Police of the Czech Republic or the District Directorate of Police of the Czech Republic in the district of the court. '
55. in Paragraph 37 (2), the words "without undue delay" shall be inserted after the words "in the execution of criminal measures in prison."
56. In Paragraph 37 (4), the words "Regional Directorate of the Police of the Czech Republic" are replaced by the words "Regional Department of the Regional Directorate of the Police of the Czech Republic, the Municipal Directorate of the Police of the Czech Republic or the District Directorate of the Police of the Czech Republic."
57. In Paragraph 37 (5), the words "Corrective Education Institute" shall be replaced by the words "Prisons" and the words "Education" shall be replaced by the words "educational establishment for the performance of constitutional or protective education (hereinafter referred to as" educational establishment ")."
58. in Paragraph 37 (6):
"(6) The prison shall return to the court one copy of the order for the execution of the prison sentence or the order for the execution of the prison measure, confirming that the sentenced person has taken a prison sentence or a criminal measure of imprisonment, or shall notify the court, without delay, that the sentence of imprisonment or criminal measures of imprisonment have not been taken within the prescribed period. If the sentenced person is in the execution of another prison sentence or in the execution of another prison sentence, the prison shall acknowledge receipt of the order for the execution of the prison sentence or of the prison sentence on one copy thereof, indicating when the sentence of imprisonment or criminal measures of imprisonment are likely to be taken and shall return them to the court without delay. The transfer of a sentenced person to another prison, the initiation of protective treatment, his escape and his capture, his death, the interruption of the execution of a prison sentence or a criminal measure of imprisonment, the conditional release and the fact that he was sentenced as a result of the execution of a sentence of imprisonment or the execution of a criminal measure of imprisonment, the granting of a pardon, an amnesty or for any other reason, shall without delay report to the prison in which the sentenced person was last served, the court which decided at first instance; in the case of conditional release, it shall also report to the court which decided on the conditional release. ';
59. Paragraph 38, including the title, reads:
Suspended suspension of imprisonment
Where a conditional suspension of the execution of a custodial sentence has been granted and the court has decided to accept the guarantee of the interest association of citizens for the correction of the defendant, the court shall inform the interested association of whether and what reasonable restrictions and obligations under Article 48 (4) (c) have been imposed on the defendant in the request for educational cooperation pursuant to Article 329 (3) (3) (d). At the same time, it will ask them to focus their educational activities on the content of these restrictions and obligations, to monitor whether the accused complies with the restrictions, and to report immediately to the court on their possible infringement. It shall also request notification of the change of employment or residence of the defendant. '.
60. In Paragraph 40 (1), the words "cash punishment, house arrest or 'shall be inserted after the words" work in'.
61. in Article 41 (1), the words "with the annexes referred to in Article 351 (5) (3)" shall be inserted after the words "constitutional."
62. In § 41 (1) and in § 42 (1), the words "§ 72 (5) (a)" shall be replaced by the words "§ 99 (6) (a)."
(63) In Articles 41 (2) and 42 (2), the words "eligible for legal action" are replaced by the words "fully competent" and the words "essential or alternative services and, for professional soldiers," shall be deleted.
64. In Paragraph 41 (2), the words "or guardian 'shall be added at the end of the second sentence.
65.Paragraph 41 (3) reads as follows:
"(3) If the requested person has not obtained protective treatment of the constitutional within the prescribed period, or if he is dangerous for his surroundings, the President of the Chamber (self-judge) shall order his delivery to the medical institution to the local department of the Regional Directorate of Police of the Czech Republic, the City Directorate of Police of the Czech Republic or the Regional Directorate of Police of the Czech Republic according to the place of residence or residence of the person. If the residence of the person to whom the treatment has been imposed is not known, the order for delivery for protective treatment in constitutional form shall be sent to the Regional Branch of the Regional Directorate of the Police of the Czech Republic, to the Municipal Directorate of the Police of the Czech Republic or to the District Directorate of Police of the Czech Republic in the district of the court."
66. In Paragraph 42, at the end of paragraph 1, the sentence "The Court of First Instance shall draw the attention of the medical establishment to the obligation under Paragraph 353 (1) of the second sentence of paragraph 1. '
67. In Paragraph 42 (2), the words "or guardian 'shall be added at the end of the third sentence.
68. Paragraph 43 (1) reads as follows:
"(1) Where a sentenced person who is in the execution of a prison sentence is treated in a prison and no decision has been taken to waive protection treatment (Section 99 (7) (c)), or the sentenced person has not been released from such protection treatment or the treatment has not been terminated (Section 99 (6) (d)), the prison shall report on the result of the protection treatment obtained two months before the expected termination of the sentence to the county court in whose district the protection treatment is carried out. If the purpose of the protective treatment has not been achieved in view of the duration of the sentence, the court shall decide on its continuation in the medical establishment before the sentence is terminated. ';
69. In Paragraph 43 (2), the words "correctional education institution 'are replaced by the words" prison'.
70. In Article 44 (1), the words "and" after the word "performance" shall be replaced by a comma and, at the end of the text of the first sentence, the words "and a copy of the expert opinion in the field of psychiatry or psychology, if any, shall be added."
71. in Paragraph 44 (2), the word "change" shall be replaced by "transformation."
72.In Paragraph 46 (2):
"(2) The executors shall in particular carry out the following actions:
(a) the sale of movable property in the event of the liquidation of the estate carried out by the court under the provisions governing enforcement of the decision on the sale of movable property (§ 232 (1) (a) W);
(b) acts relating to the removal of the child (§ 504 W);
(c) acts relating to the enforcement of decisions on the provisional measure regulation (Sections 493 to 497 W);
(d) acts relating to the execution of decisions on the disability of other property rights of the debtor consisting of the issue or delivery of the case (§ 320 o. s.);
(e) the acts relating to the execution of the judgment by the administration of the immovable property;
(f) personal inspection of the debtor and inspection of his rooms, closets and other boxes (§ 325a o. o. s.),
(g) an inventory of movable goods (§ 326 o. s.);
(h) the sale of goods which are rapidly spoiled, outside the auction (§ 326b o.s.);
(i) ensuring that the goods are listed (§ 327 o. s.);
(j) an indication of the items which have not been secured (§ 327 (3) o. s. s.);
(k) the concept of a case in the inventory by entry into the Protocol (§ 327a (1) o. p. o.);
(l) an estimate of the movable goods written, if no expert has been recruited (§ 328 o.);
(m) the sale of claims and the sale of the goods listed in the auction (Sections 314b (1) and 329 (1) o. p. o. s.),
(n) the issue of the proceeds of the cases sold to the creditor or to other creditors or, where applicable, the composition of the proceeds in the court (Sections 331 and 331a o.s.);
(o) the issue of the money collected to the creditor or its composition in court (§ 333 o. s.);
(p) the negotiations necessary for the exercise of the rights of securities or book-entry securities or instruments constituting the right to repayment of the amount due (§ 334 o. s. s.),
(q) the transactions needed to monetize the listed securities and book-entry securities (§ 334a o.s.);
(r) individual acts in the auction of the immovable property and the establishment (§ 336h (1) and § 338u (1) o. s.);
s) submission of a proposal to recover the necessary amounts against the auctioneer (§ 336n (3) o. s. s.),
(t) the removal of immovable property, buildings, apartments and other rooms, the surrender of the items removed to a obliged or well-aged national of his household, the transfer of the items to a safe-keeping community or to another suitable custodian, the sale of unrecovered items and the distribution of the proceeds of such sale (§ 340 to 344 o. o. s.),
(u) the destruction of a manifestly worthless object (§ 341 (4) o. s.);
v) the removal of movable property with all that belongs to them by the debtor or by him who is willing to issue them and their surrender to the creditor (§ 345 o. s.),
(w) the acts relating to the implementation of the decision by the sale of the movable property pursuant to § 348 o. s.
(x) actions towards the restoration of the previous condition pursuant to § 351a o. s. ';
73. footnote 10, including the footnote reference, is deleted.
74. In Paragraph 49 (1), the words "the executor shall write 'shall be replaced by the words" the executor shall take an alert or write a record' and at the end of paragraph 1 the sentence "In cases referred to in paragraph 68 (1), the executor shall always draw up a record or make a sound image record. ';
75. in Article 49 (2) (b), the word "date" shall be inserted after the word "place."
76.
"(c) the personal names and surnames of the members of the court's staff who took part in the operation, the personal names and surnames of the participants present and their representatives, and the personal names and surnames of other persons present in the operation pursuant to paragraphs 53 and 54;"
77.In Paragraph 49 (2) (f), the word 'personal' shall be inserted after the word 'findings'.
78. In Paragraph 49 (3), the words "citizens recruited 'are replaced by the words" persons recruited'.
79. In Paragraph 49 (4), the words "citizen taken 'are replaced by the words" person brought in'.
80. In Paragraph 49, paragraph 6 is added:
"(6) If an alert is taken during an inspection of the apartment and other rooms, an audible image recording shall be taken containing the date and time at which the alert is taken. All operations that occur during the search of the apartment and other rooms shall be recorded. ';
81. At the end of the heading § 50, the words "on the spot 'shall be added.
82. In Paragraph 50 (1), the words "place of business" are deleted.
83. In § 50 (1), § 60, 61, § 63 (1), (2) and (4), § 65 and § 88 (2), the word "real estate" is replaced by "real estate."
84. In Paragraph 51 (1), the words "the spouse of a debtor or another person who has a right to a case which does not permit the enforcement of a decision or who claims that the case belongs to another person or is excluded 'are replaced by the words" the person present at the time of the listing that the case is owned by a third party or is a matter which is excluded'.
85. in Paragraph 51 (2), the words "compulsory or otherwise" shall be replaced by the words "persons present at the inventory," after the words "the executor" shall be inserted the word "personal," and after the words "such person" shall be inserted the words "and the persons who, according to the statement of the person present at the inventory, belong to the case-by-case where such information has been provided,";
86. In Article 52 (3), the words "or the auction ended in accordance with § 330 (1) o. s. 'shall be replaced by", the auction ended in accordance with § 330 (1) o. s.';
87.In Article 53 (1) and (2):
"(1) To open the apartment, seat or other room, cabinet or other box of the mandatory must be gained by the locksmith.
(2) At the end of the inspection, the doors of the apartment, seat or other room of the obliged person shall be locked again and the keys to the castle shall be handed over to the persons concerned, where appropriate, at any other appropriate place available to them. Where they can pick up the keys, the persons concerned shall be informed. If possible, the cabinets or other boxes shall be closed again after opening. "
88.
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Regulation Information
| Citation | Decree No. 322 / 2013 Coll., amending Decree No. 37 / 1992 of the Ministry of Justice of the Czech Republic Coll., on Rules of Procedure for District and Regional Courts, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.10.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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