Act No. 326 / 2023 Coll.
Act amending Act No. 279 / 2003 Coll., on the Enforcement of Security of Property and Goods in Criminal Procedure and amending certain laws, as amended, and other related laws
Valid
Law
Effective from 01.07.2024
Text versions:
01.07.2024
03.11.2023
326
THE LAW
of 18 October 2023
amending Act No. 279 / 2003 Coll., on the execution of property and property security in criminal proceedings and amending certain laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the law on the enforcement of property and property security in criminal proceedings
Act No. 279 / 2003 Coll., on the enforcement of property and property security in criminal proceedings and amending certain laws, as amended by Act No. 112 / 2006 Coll., Act No. 113 / 2006 Coll., Act No. 253 / 2006 Coll., Act No. 218 / 2009 Coll., Act No. 420 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 193 / 2012 Coll., Act No. 86 / 2015 Coll., Act No. 55 / 2017 Coll., Act No. 225 / 2022 Coll., and Act No. 422 / 2022 Coll., is amended as follows:
1. In Paragraph 6 (1) of the introductory part of the second sentence, the word "in particular 'is inserted after the word" located'.
2. In Article 6, the following paragraph 5 is inserted after paragraph 4:
"(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. ';
Paragraph 5 shall become paragraph 6.
3. In Article 6 (6), "3 'is replaced by" 5';
4. The following Section 8b is inserted after Section 8a, including the title:
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. '
5.
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. ';
6. The following Sections 9a to 9c are inserted after Section 9, including the headings:
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, munitions, explosives, regulated explosives precursors and other substances or mixtures which may be used for the manufacture of explosives, addictive substances and precursors, including equipment for their manufacture, preparations 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. ';
7. In Article 10, the words "in insolvency proceedings may, for that purpose, exercise the creditor's rights' shall be added at the end of the text of paragraph 3.
8. In the first sentence of Article 10 (6), the words "relating to secured property 'are replaced by the words" making copies of such property, requesting for the necessary period the documents and other documents necessary for the purposes of managing the secured property' and the words "not for housing 'are inserted after the words" not for housing'.
9. in Article 10a (1) and in Article 10b (1), the words "The administrator responsible for managing the share referred to in Article 9 (2)" shall be replaced by "The manager of the share."
10. In the first sentence of Paragraph 10b (3), the words "in the event that the expenditure is paid by the State, too 'are deleted.
11.
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 that it manages the secured property pursuant to § 9c. ';
12. in Article 12 (4) (b), the words "the Office for the Representation of the State in Property," shall be replaced by "the Ministry of the Interior, other."
Transitional provision
If, pursuant to Article 9 (1) or (4) of Act No. 279 / 2003 Coll., as effective before the date of the entry into force of the Act, the administration of the property secured in criminal proceedings by an authorised or contractual administrator, is responsible for the management of such property as well as from the date of entry into force of the Act.
Amendment to the Code of Criminal Procedure
Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, No 2006, No 2006 / 2006, Act No. 5, No. 5, Act No. 5, No. 5, No 5, No. 5, No. 5, No. 5, No 5, No. 5, No 5
1. In § 79c (2) of the introductory part of the provision, the word "in particular 'is inserted after the word" located'.
2. In Paragraph 79c, the following paragraph 6 is inserted after paragraph 5:
"(6) The law enforcement authority responsible for deciding on a movable item left on the spot or on the basis of an order of the President of the Chamber and in the preparatory proceedings of the Prosecutor shall be entitled to enter the place where the case is located for the purpose of checking compliance with the order for the detention of such item or for the purpose of withdrawing such item; it is not entitled to act other than those relating to the performance of the enforcement or withdrawal of an order. 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. ';
Paragraph 6 shall become paragraph 7.
3. In Paragraph 79c (7), "5 'is replaced by" 6'.
4. The following Section 79h is inserted after Section 79g, including the title:
Amendment of the secured item
(1) If the purpose of the criminal proceedings is not jeopardised, the President of the Chamber and, in the preparatory proceedings, the Prosecutor, or with his prior consent, the police authority may decide to secure the funds instead of any other item which has been secured, provided that he who has been assured of such a case has deposited in the custody of the competent law enforcement authority the funds equivalent to the value of the security.
(2) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 1. ';
5. In Paragraph 85 (2), the sentence "In order to carry out a search or inspection of other premises, the inspection authority may also add persons whose participation in the inspection is necessary for the purpose of identifying, valuing and securing issued and withdrawn items in particular. 'is inserted after the first sentence.
6. the following paragraph 4 is inserted after paragraph 3:
"(4) If the purpose of the criminal proceedings is not jeopardised, the President of the Chamber and, in the preparatory proceedings, the Prosecutor may decide to secure funds instead of any other item falling within the designated part of the property which is subject to collateral, provided that the person to whom such a case has been secured has deposited in the custody of the court or in the preparatory proceedings of the Prosecutor a cash sum equal to the value of the item falling within the designated part of the property subject to collateral. ';
Paragraph 4 shall become paragraph 5.
7. in Article 344b (5) and in Article 349 (5), the number "3" is replaced by "4" and after the word "collateral" the words "or change of the secured item" are inserted.
8. In the second sentence of Paragraph 358b (4), "a 'is replaced by" comma', and after "property 'the words" and to amend the secured item' are inserted.
Amendment of the Act on the assets of the Czech Republic and its presentation in legal relations
Act No. 20 / 20 / 2016, Act No. 20 / 20 / 2016, Act No. 20 / 20 / 2016, Act No. 20 / 20 / 2016, Act No. 20 / 20 / 2016, Act No. 20 / 01 Coll., Act No. 20 / 2001 Coll., Act No. 22 / 2002 Coll., Act No. 22 / 2003 Coll., Act No. 41 / 2004 Coll., Act No. 18 / 2006 Coll., Act No. 17 / 2005 Coll., Act No. 22 / 2006 Coll.
1. in Article 11 (1) (a), the following point 2 is inserted after point 1:
"2. in connection with or on the basis of infringements of the legislation governing gambling,"
Points 2 to 4 shall be renumbered 3 to 5.
2. in Paragraph 11 (1) (e), the word "police" is replaced by "police of the Czech Republic";
Amendment to the Road Traffic Conditions Act
Act No. 20 / 20, Act No. 20 / 02 Coll., Act No. 20 / 02 Coll., Act No. 20 / 01 Coll.
1. In Article 5, at the end of paragraph 5, the dot is replaced by "a 'and the following point (e) is added:
"(e) under Articles 4 (2) (a) to (h) and (j) to (l) and 4 (3)
1. The Ministry of the Interior for the purpose of administering vehicles secured in criminal proceedings under a special law; and
2. The Office for the Representation of the State in matters of property for the purpose of the management of vehicles which have been assigned to the State of death or from a judicial custody under special legislation. "
2. In Paragraph 8 (1) (b) (2), the words "confiscation or forfeiture 'are replaced by the words" or custody or notification of the Regional Directorate of the Police of the Czech Republic, if ownership of a road vehicle has been transferred to the State by forfeiting it or preventing criminal, criminal or other similar proceedings'.
3. In Article 8 (5), the words "or Regional Directorate of Police of the Czech Republic" shall be inserted after the word "property."
EFFECTIVE
This Act shall take effect on 1 July 2024.
Pekarová Adamová v. r.
Pavel v. r.
v Austrian v. r.
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Regulation Information
| Citation | Act No. 326 / 2023 Coll., amending Act No. 279 / 2003 Coll., on the Enforcement of Assets and Matters in Criminal Procedure and on the Amendment of Certain Acts, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.11.2023 |
|---|---|
| Effective from | 01.07.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 430
The regulation text is for informational purposes only.
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