Decree No. 383 / 2023 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
Valid
Order
Effective from 01.01.2024
383
DECLARATION
of 14 December 2023
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 provides, pursuant to Article 469 of Act No. 141 / 1961 Coll., on the Criminal Procedure of the Judicial (Criminal Code), as amended by Act No. 539 / 2004 Coll., pursuant to § 40b paragraphs 1 and 2, § 48 paragraph 4, § 374 paragraph 1 and § 374a point (f) of Act No. 150 / 2001, under Act No. 119 / 1963 Coll., Civil Code, as amended by Act No. 49 / 1973 Coll., Act No. 133 / 1982 Coll., Act No. 263 / 1992 Coll., Act No. 24 / 1993 Coll., Act No. 218 / 2009 Coll., Act No. 218 / 2011 Coll., Act No. 167 / 2012 Coll., Act No. 139 / 2015 Coll.
Decree No. 37 / 1992 Coll., on the Rules of Procedure for Regional 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. 322 / 2013 Coll., Decree No. 384 / 2017 Coll., Decree No. 222 / 2009 Coll., Decree No. 457 / 2009 Coll., Decree No. 438 / 2011 Coll., Decree No. 322 / 2013 Coll., Decree No. 384 / 2017 Coll., Decree No. 222 / 2021 Coll., Decree No. 516 / 2021 Coll.
1. In Article 8, at the end of paragraph 2, the phrase "A record stored in a single repository of sound and image recordings (hereinafter referred to as" the single repository of records ") may be replayed and a copy thereof may also be made by means of a time-limited remote access. '
2. In Article 8 (3), the words "the Court of Justice shall proceed mutatis mutandis" shall be replaced by the words "copies and extracts may be consulted, recorded and copied under the same conditions as in paragraph 1 or by means of remote access, where the technical nature of the system in which the electronic file is kept so permits."
3. In Article 8, the sentence "Remote access is possible after the identification of the person using electronic identification in accordance with the law governing electronic identification. 'is added at the end of paragraph 3.
4. In Section 21a (2), the first sentence is replaced by the following: "In the paper file, the record shall be kept either on a technical medium or on a single record repository which is an electronic repository administered by the Ministry. The technical medium shall be attached to the file, if possible, or the file shall indicate where the technical medium is stored or that the record is kept in a single record repository. ';
5. in Paragraph 21a, the following paragraph 3 is inserted after paragraph 2:
"(3) The record shall be kept in the electronic file in the system in which the electronic file is kept. The last sentence of paragraph 2 shall apply mutatis mutandis to the shredding procedure. ';
Paragraph 3 shall become paragraph 4.
6. In Article 21b (3), the words "copies or copies' shall be deleted, the words" copies or copies thereof 'shall be deleted, the words "copies or copies thereof' shall be replaced by the words" certified electronic marks' shall be replaced by the words "qualified electronic seals sealed 'and the words" signed or sealed electronic documents shall be accompanied by a qualified electronic time stamp' at the end of the paragraph.
7. In the first sentence of Article 21b (4), the word "recognised 'is replaced by the word" qualified'; the words "recognised electronic marks' are replaced by the words" qualified electronic seals'; at the end of the text of the first sentence the words "together with the visualised form of a qualified electronic time stamp 'are added.
8. In Article 23 (3), the word "recognised 'is replaced by the word" qualified' and the words "stamped by qualified electronic means' are added at the end of the text of the paragraph.
9. In Article 28c, the following paragraph 3 is added:
"(3) Where the paper file is kept and the court draws up paper copies of the decision and other documents of the court for the cooperation of the postal service operator, the court shall transmit them in electronic form to that operator, who, in accordance with the contract concluded, shall produce them in paper form and transmit them for service. The postal service operator shall carry out an authorised conversion of paper copies of decisions; in other court documents, the authorised conversion shall be carried out if the President of the Chamber so provides. Transmission and production shall be carried out in an automated manner which excludes human intervention beyond what is strictly necessary. ';
Transitional provision
Proceedings initiated before the date of entry into force of this Order shall be completed in accordance with Decree No. 37 / 1992 Coll., as effective from the date of entry into force of this Order. The legal effects of the proceedings before the date of entry into force of this Order remain.
Efficacy
This Decree shall take effect on 1 January 2024, with the exception of points 2, 3 and 5, which shall take effect on 1 March 2024, and points 1 and 4, which shall take effect on 1 July 2024.
Minister of Justice:
JUDr. Blažek, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 383 / 2023 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 | 22.12.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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