Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll.

Q: Is Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll. still valid?

Yes, Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll. is still valid and effective.

Decree of the Ministry of Justice of the Czech Republic on Rules of Procedure for Regional and Regional Courts

Valid Effective from 20.01.1992

ČÁST PRVNÍ § 1 § 2 § 2a § 3 ČÁST DRUHÁ § 4 § 5 § 6 § 6a § 6b § 7 ČÁST TŘETÍ § 8 ČÁST ČTVRTÁ § 9 § 10 § 11 § 12 § 13 § 14 § 15 § 16 § 17 § 18 § 19 § 20 § 21 § 21a § 21b § 22 § 23 § 24 § 25 § 26 § 26a § 27 § 28 ČÁST PÁTÁ § 28a § 28b § 28c ČÁST ŠESTÁ § 29 § 30 § 31 § 32 § 33 ČÁST SEDMÁ § 34 § 34a § 34b § 34c ČÁST OSMÁ § 35 § 36 § 36a § 37 § 38 § 39 § 40 § 41 § 42 § 43 § 44 ČÁST DEVÁTÁ Oddíl první § 45 § 46 § 47 § 48 § 49 Oddíl druhý § 49a § 50 § 51 § 52 § 53 § 54 § 55 § 56 § 57 § 58 § 59 § 59a § 59b § 59c § 59d § 59e Oddíl třetí § 60 § 61 § 62 § 62a § 63 § 63a § 63b § 63c § 63d § 63e Oddíl čtvrtý § 64 § 65 § 66 Oddíl pátý § 67 § 68 § 69 § 70 Oddíl šestý § 70a Oddíl sedmý § 71 § 72 § 73 ČÁST DESÁTÁ § 74 § 75 § 76 § 77 § 78 § 79 § 80 § 81 § 83 § 85 § 86 § 88 § 89 § 90 § 91 § 92 § 93 § 94 § 95 ČÁST JEDENÁCTÁ § 99 § 100 § 101 § 102 ČÁST DVANÁCTÁ Oddíl první § 106 § 107 § 108 Oddíl druhý § 110 § 111 § 112 ČÁST TŘINÁCTÁ § 113 § 113a § 113b § 113c § 114 ČÁST ČTRNÁCTÁ § 115 § 116 ČÁST PATNÁCTÁ § 116a § 116b § 116c § 116d § 116e ČÁST ŠESTNÁCTÁ § 116f ČÁST SEDMNÁCTÁ § 117 § 118

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DECLARATION

Ministry of Justice of the Czech Republic

of 23 December 1991

concerning the Rules of Procedure for District and Regional Courts

The Ministry of Justice of the Czech Republic provides, pursuant to § 62 paragraph 2 of Act No. 335 / 1991 Coll., on Courts and Judges, pursuant to § 391 and § 391a paragraph 2 of Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, pursuant to § 374 and Article III paragraph 12 of the Civil Code No. 99 / 1963 Coll., as amended, and § 71 (b) of Act No. 328 / 1991 Coll., on bankruptcy and settlement:

ČÁST PRVNÍ

Organisation of work in courts

§ 1

The organisation's bases

The internal organisation of the courts shall be based on the judicial departments which shall be formed for the individual chambers and for the individual judges. Administrative and other office work for one or more departments shall be carried out by the Registry. In addition, joint departments carrying out acts for the whole court shall be established.

§ 2

(1) On the criminal section, the President of the Court shall, in the schedule of work, provide specialisation in proceedings in matters of:

(a) corruption of officials;

(b) corruption in public procurement;

(d) corruption in public auctions.

(2) In the division of cases between individual judicial departments in the work schedule, to the extent that the court is competent at that stage in these matters under the law and taking into account the staffing of the court, the specialisation of judicial departments shall be ensured by:

(a) in particular in proceedings relating to:

1. adolescents,

2. foreigners,

3. traffic crime,

4. financial and banking crime,

5. military crimes,

6. serious organised crime (in particular participation in an organised crime group and crimes committed by an organised group),

7. crimes against human dignity in the sexual field and trafficking in human beings pursuant to § 168 (1) (a) and § 168 (2) (a) of the Criminal Code, abuse of the entrusted person (§ 198 of the Criminal Code), abuse of a person living in a common residence (§ 199 of the Criminal Code) and seduction of sexual intercourse (§ 202 of the Criminal Code);

8. international judicial cooperation;

(b) in particular in civil matters

1. care of minors,

2. survivors,

3. intellectual property,

4. unfair competition and illegal restriction of competition,

5. public registers of legal and natural persons,

6. insolvency and restructuring,

7. currency and cheques,

8. labour law,

9. Enforcement and execution;

10. with a foreign element;

(3) The official record of the court shall indicate where the schedule of work is kept in the court and at what time it may be viewed and made into copies and extracts. The work schedule shall also be publicly accessible in a way that allows remote access.

§ 2a

(1) If the case cannot be discussed and decided in the designated judicial department by any Chamber or a single judge designated by the schedule of work referred to in Article 2, the President of the Court shall assign the case to another Chamber (self-judge); It shall act mutatis mutandis if none of the senior judicial officers, judicial secretaries or judicial executors designated by the schedule of the work is able to carry out the proceedings.

(2) If a sudden obstacle or obstacle of a short-term nature to a judge or a superior judicial officer, a judicial secretary, a judicial executor or a judicial candidate prevents individual acts from being carried out in the case, the President of the Court shall determine who shall carry out the necessary acts instead.

§ 3

Offences outside the courthouse

(1) Where an action of a court is to be carried out outside the place of work of a court in a building of a state body or a state institution, establishment, business establishment or other legal person, the action must be agreed in advance with their manager.

(2) In military or armed security corps, the court may execute the action with the permission of the competent commander.

(3) The provisions of paragraphs 1 and 2 shall not be used if the proof is examined.

(4) Judicial acts in the buildings and rooms of those enjoying diplomatic privileges and immunities may be carried out only as long as international law so permits. The court must inform the Ministry of Justice ("the Ministry ') and the Ministry of Foreign Affairs of such acts in due time and ask them to send a representative to such an act.

ČÁST DRUHÁ

Definition of tasks

§ 4

Circuit of judicial staff

The tasks of the judicial process shall be carried out by judges, alternates, judicial candidates, assistants of judges, senior judicial officers, judicial secretaries, judicial executors and staff of the professional apparatus of the courts.

§ 5

(1) Senior judicial officers, judicial secretaries, judicial executors and staff of the professional apparatus of the courts are required to remain silent about all the facts which they have learned in connection with the performance of the judiciary. The obligation to remain silent shall continue after termination of employment.

(2) The obligation to remain silent may be waived by the President of the Court by a senior judicial officer, a judicial secretary, a judicial executor and a staff member of a professional body.

§ 6

Simple acts by the Judges and Registrar

(1) The President of the Court may entrust judicial secretaries to carry out in criminal matters the following simple acts reserved under the law on judicial proceedings to the President of the Chamber (self-Judges):

(a) requests in simple matters,

(b) the service of judicial documents to persons in custody, in the execution of a custodial sentence or in the exercise of security detention and the drawing up of a record of such action;

(d) a decision to refer a case which is relevant to criminal proceedings after the legal authority of the case;

(e) a decision on the obligation of the sentenced to pay the costs of the criminal proceedings, not the costs associated with the execution of the prison sentence, and to pay the costs associated with the participation of the injured party in the criminal proceedings, including the obligation on the sentenced person to reimburse the remuneration and expenses paid by the State to the injured agent who is entitled to legal aid provided by the agent free of charge or for reduced remuneration;

(f) the measures necessary for the execution of the prison sentence,

(g) a decision on the credit of detention and punishment and on other credits under the Criminal Code and the Criminal Code;

(h) measures relating to the enforcement of the confiscation penalty;

(i) a call for payment of a financial penalty or fine and measures relating to the enforcement of decisions thereon;

(j) the measures necessary for the execution of other penalties imposed;

(k) measures for the performance of protective treatment, security detention, protective education, prevention of cases and protection of parts of property;

(l) provision of documents for decision-making

1. on the suspension of criminal prosecution and approval of settlement,

2. whether the remainder of the obligation to refrain from any activity, including the holding and rearing of animals or their care, will not be carried out during the probationary period of the suspension of the criminal prosecution;

3. Whether the restrictions imposed are lifted, an adequate obligation, an educational measure or supervision;

4. in the course of the performance of the sentence of community service, the sentence of house arrest and the penalty of the ban on entry to sports, cultural and other social events;

5. conditional release and suspension of the remainder of the sentence;

6. to change the manner in which the prison sentence is to be enforced and to place in a department with a lower level of security for the prison;

7. the certificate,

8. Exterminate the sentence,

(m) notification of the conditional release and the destruction of the conviction;

(n) drawing up of criminal records and additional reports for the Register of Penalties;

(o) a decision on the amount of the remuneration of the lawyer and the agent of the injured party who are entitled to the remuneration of the State, the testimonial, the expert, the interpreter, the consultant's remuneration for the purposes of criminal proceedings, the remuneration for professional observations submitted at the request of the law enforcement authorities and the amount of compensation for their expenses,

(p) participation in visits to the accused in custody;

(q) checking the correspondence of the accused,

(r) the addition of an interpreter;

(s) the mandate of the Probation and Mediation Service.

(2) The President of the Court may instruct the Registrar to carry out, in cases pending in civil proceedings, the following simple acts of the President of the Chamber (self-Judges), in accordance with the law on judicial proceedings:

(a) drawing up simple submissions, including proposals;

(b) the handling of requests in simple matters;

(c) action to remedy the procedural defects referred to in Article 43 of the Civil Code (hereinafter referred to as "o.s.),

(d) the procedure for determining paternity by a declaration of parental agreement;

(e) acts in the preparation of negotiations pursuant to § 114a o.s. and decisions pursuant to § 114b (1) o.s., where a matter has been decided by a payment order, a European order for payment, an electronic order for payment or a clear order,

(f) the request for files of an administrative authority pursuant to Article 250c (1) (b) and the receipt of a copy of an action to the administrative authority pursuant to Article 250c (2) (b),

(g) decisions on exemption from judicial fees pursuant to § 138 o. s., if not decisions at the hearing,

(h) decision-making on judicial fees, if not decision-making at the hearing;

(i) decision to return advances lodged in civil proceedings;

(j) decision-making in proceedings for applications for payment orders, where expressly the issue of a payment order has been proposed in an application, an electronic order for payment, a European order for payment or a discharge order;

(k) acts and decisions in proceedings concerning the estate, not including 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 "WW"), on the procedure under § 167 (2) W, on the liquidation of the estate pursuant to § 192 W., on the schedule of the proceeds of the exploitation of the estate of the deceased pursuant to § 269 W., on the abolition of the appointment of a notary under § 103 W. § 103 W., on the exclusion of the notary and his staff under § 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 deceased who lived abroad,

(l) actions relating to the custody of minors, to the determination of whether the consent of the child's parents to adopt them is required, to the custody of persons restricted to their own right, to persons absent or unknown and to legal persons, as well as to acts in those matters aimed at preparing the decision of a judge without hearing;

(m) action and decision-making in the storage procedure;

(n) acts and decisions in the instrument-cleaning procedure;

(o) the handling of simple cases concerning public registers of legal and natural persons,

(p) issuing official copies, extracts or certificates;

(q) acts of the court pursuant to § 260 (2) o. s.

(r) acts in respect of the declaration of the property of the debtor, with the exception of the procedure laid down in § 260e o.s.,

(s) the enforcement of decisions by withholding wages, ordering claims or selling movable property, with the exception of the deferral of the enforcement of decisions pursuant to § 266 CS and the cessation of enforcement of decisions pursuant to § 268 (1) (g) and (h) CS,

(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.

(u) acts in the restructuring procedure with the exception of negotiations and decisions on:

1. the appointment of a restructuring trustee;

2. the withdrawal of the restructuring trustee from office,

3. termination of the function of the restructuring trustee;

4. the proposal for a general moratorium,

5th motion to declare an individual moratorium,

6. a proposal to carry out a preliminary examination of the claim's dispute,

7. the proposal to confirm the restructuring plan,

8. end of preventive restructuring;

9. the proposal to abolish the restructuring plan;

(v) protests of bills and cheques.

(3) The President of the Court may instruct the Registrar to carry out, in cases pending in the administrative judiciary, the following simple acts which are necessary under the law on judicial proceedings to the President of the Chamber (self-Judges):

(a) drawing up simple submissions, including proposals;

(b) the handling of requests in simple cases, except for requests in contact with a foreign country;

(c) actions to remedy procedural defects, in particular calls for the removal of specific defects and warnings of consequences associated with their non-elimination;

(d) actions to prepare the negotiations;

(e) the service of a copy of the application to the defendant and to the persons involved in the proceedings, the imposition of an action on the defendant or on any other person or authority to produce administrative files and observations on the application or opinion on the case within the prescribed time limit;

(f) informing persons who are considered to be interested in the proceedings of ongoing proceedings, informing them of their rights and calling them of whether they will exercise the rights of the person concerned;

(g) identification of the applicant's residence in asylum or supplementary protection proceedings;

(h) the issue of official copies, extracts or certificates.

(4) The Registrar may, under the authority of the President of the Court, conduct other acts relating to the enforcement of the decision in criminal proceedings as directed by the President of the Chamber (self-Judge).

(5) The President of the Court may entrust certain staff of the expert body, if he considers that this is appropriate in order to reduce the workload of judges without prejudice to the quality and economy of the work, to draw up statistical lists and to carry out further work in the field of statistics to a specified extent.

(6) The President of the Court may instruct the Registrar to carry out acts in the other activities of the Court under § 352 o.

(7) The President of the Chamber (self-Judge), to whom the case has been ordered under the schedule of work, shall ensure that the actions carried out by the staff member authorised under paragraphs 1 to 3 and 6 are carried out correctly and in good time.

(8) The authorisation of judicial secretaries under other provisions shall not be affected.

(9) The Registrar shall, in addition to the other tasks referred to in other provisions, carry out in particular:

(a) enter in the record the submissions and oral declarations of the parties to the proceedings for the grant, revocation or termination of the power of attorney, outside the hearing, and notify the parties of the appeals or denunciation;

(b) accept requests for exemption from judicial fees in the Protocol (§ 138 o. s.) and for the provision of a representative, if the request was made outside the hearing;

(d) notify the competent cadastral office that an application has been submitted for enforcement by the administration of the immovable property, for enforcement by the sale of immovable property or for enforcement by the establishment of a judicial lien on immovable property,

(e) in insolvency proceedings, they shall enter in the record the declaration referred to in Article 18 (3) of the Insolvency Act, indicate on the originals and copies of the documents for which publication is the relevant date or time of publication in the Insolvency Register, the clause of the time of publication in the Insolvency Register and, in simple cases, make personal data available to natural persons in submissions published in the Insolvency Register;

(f) in the restructuring proceedings, they shall indicate both the original and the copies of the documents for which disclosure is the relevant date or time of publication in the restructuring register or on the electronic official plate of the restructuring court, the clause at the time of publication in the restructuring register or on the electronic official plate of the restructuring court and, in simple cases, make personal data available to natural persons in the documents published in the restructuring register, the electronic official plate of the restructuring court or in the collection of documents of the business register of the entrepreneur;

(g) send a motion or order to the Public Prosecutor in cases referred to in Article 8 (1) W

Actions by judicial candidates

§ 6a

A judicial candidate in civil proceedings and administrative proceedings may perform all the acts of the Court of First Instance, except:

(a) conduct negotiations on the substance of the matter;

(b) the judgment in the case itself in the form of a judgment;

(c) ruling on the substance of the case in the form of resolutions in civil proceedings under the Code of Civil Procedure, the Rules of Procedure of the Administrative Court and the Law on special procedures of the courts other than those of the

1. hiding procedures;

2. instrument amortisation proceedings;

3. matters concerning the determination of paternity by a declaration of agreement;

4. Proceedings concerning the custody of minors and the custody of persons restricted to their own right or persons having jurisdiction, persons who are not known to be resident, unknown persons and persons whose health is causing them difficulties in managing property or defending rights in which no hearing has been ordered,

5. proceedings concerning public registers of legal and natural persons and the insolvency or restructuring register in which no hearing has been ordered;

(d) decisions on interim measures;

(e) deciding on the interim arrangements for the child;

(f) deciding on the enforcement of decisions by the administration of immovable property, the sale of immovable property, the disability of a business establishment or the establishment of a judicial lien;

(g) decision-making on the regulation of the enforcement of decisions by withholding wages, ordering claims or selling movable property in the proceedings in which the proceedings were ordered;

(h) decision-making on the regulation of the enforcement of a judgment or of the delegation of a judicial executor and the ordering of an execution to obtain cash execution, where the enforcement title is the executive record or notary record, including the decision to suspend the enforcement of a judgment, where the application was not lodged by a legitimate or judicial executor or where an appeal was lodged against the application;

(i) deciding to satisfy the rights of non-cash performance;

(j) deciding on a regulation for the enforcement of decisions on the care of minors, with the exception of maintenance;

(k) certification of the European Enforcement Order;

(l) decision on the suspensive effect of the action in administrative proceedings;

(m) cases where the act of special law is expressly entrusted to the judge,

(n) proceedings and decisions in insolvency proceedings

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. Decisions and measures taken in the execution of decisions or execution in breach of 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. That the debtor is bankrupt,

10. rejection of the insolvency proposal;

11. the abolition of bankruptcy,

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,

16. closure of the debtor's business establishment,

17.

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Regulation Information

Citation	Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	20.01.1992
Effective from	20.01.1992
Effective until	-
Status	Valid

The regulation text is for informational purposes only.

Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll.

Decree of the Ministry of Justice of the Czech Republic on Rules of Procedure for Regional and Regional Courts

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