Act No. 438 / 2024 Coll.
Act amending Act No. 7 / 2002 Coll., on Proceedings in the Cases of Judges, prosecutors and court executors, as amended, and other related laws
Valid
Law
Effective from 01.01.2025
Contents
ČÁST PRVNÍ
Čl. I
㤠1
„ČÁST DRUHÁ
㤠3
§ 4
㤠5
㤠5a
§ 5b
§ 5c
§ 5d
§ 5e
§ 5f
§ 5g
§ 5h
§ 5i
§ 5j
§ 5k
§ 5l
§ 5m
§ 5n
§ 5o
§ 5p
§ 5q
§ 5r
§ 5s
§ 5t
§ 5u
§ 5v
§ 5w
㤠6a
§ 6b
„ČÁST TŘETÍ
㤠9a
§ 9b
§ 9c
§ 9d
㤠10
㤠10a
㤠15a
㤠17a
§ 17b
§ 17c
§ 17d
§ 17e
§ 17f
㤠19a
§ 19b
§ 19c
㤠21
㤠21a
§ 21b
§ 21c
§ 21d
§ 21e
§ 21f
§ 21g
㤠22a
㤠25
„ČÁST ČTVRTÁ
§ 25a
§ 25b
ČÁST PÁTÁ
§ 25c
§ 25d
§ 25e
„ČÁST ŠESTÁ
Čl. II
ČÁST DRUHÁ
Čl. III
Čl. IV
ČÁST TŘETÍ
Čl. V
Čl. VI
ČÁST ČTVRTÁ
Čl. VII
Čl. VIII
ČÁST PÁTÁ
Čl. IX
㤠7b
Čl. X
ČÁST ŠESTÁ
Čl. XI
㤠128a
§ 128b
㤠175a
Čl. XII
ČÁST SEDMÁ
Čl. XIII
Zobrazeno prvních 200 z celkem 679 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
438
THE LAW
of 11 December 2024
amending Act No 7 / 2002 Coll., on proceedings in the cases of Judges, prosecutors and court executors, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Law on proceedings in the cases of judges, prosecutors and court executors
Act No. 7 / 2002 Coll., on the Proceedings of Judges, prosecutors and court executors, as amended by Act No. 151 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 314 / 2008 Coll., Act No. 286 / 2009 Coll., Act No. 396 / 2012 Coll., Act No. 315 / 2019 Coll. and Act No. 83 / 2024 Coll., is amended as follows:
1. The heading of Part One shall read "INTRODUCTORY PROVISIONS '.
2. Head marking I shall be deleted, including the title.
3. Article 1, including the title, reads:
Subject matter
That law shall lay down the jurisdiction and jurisdiction of the courts to bring proceedings in the cases of judges, prosecutors and court executors, the composition of their chambers and the procedure of the courts and parties to the proceedings. ';
4. In Section 2 of the introductory part of the provision, the word "assesses' is deleted.
5. In Section 2, the word "assesses' shall be inserted at the beginning of point (a).
6. in Article 2, the following point (b) is inserted after point (a):
"(b) assess disciplinary responsibility;
1. Judge, President of the Court, Vice-President of the Court or President of the College of the Supreme Court or Supreme Administrative Court for minor shortcomings in the work or minor misconduct, if they have been accused of by the Law on Courts and Judges,
2. the Public Prosecutor or the Head of the Public Prosecutor for Minor Weaknesses and Discrepancies, if they have been cited under the Public Prosecutor's Act;
3. a court executor for minor deficiencies in the execution and other activities of the court executor or minor failures in the conduct of the court executor and for minor deficiencies in the activity or minor shortcomings in the conduct of the staff of the court executor, where the court executor has been charged with the execution order, ';
Point (b) shall be renumbered (c).
7. In Article 2, the word "assesses' shall be inserted at the beginning of point (c).
8. In Article 2, at the end of point (c), the dot is replaced by a comma and the following point (d) is added:
"(d) decide to make the record of the vote on the court's decision available."
9. The designation of Title II, including the title, shall be replaced by the designation of the new Part II, which shall include the title:
CLAIMS '.
10. Sections 3 and 4, including the title, read:
(1) In proceedings under this law, disciplinary courts act and rule.
(2) The courts are
(a) at first instance, the supreme courts; and
(b) in the second instance, the Supreme Court and the Supreme Administrative Court which rule in the appeal proceedings against the decision of the Supreme Court.
Jurisdiction
The proceedings under this law at first instance shall be the jurisdiction of the Supreme Court in whose jurisdiction the head office:
(a) the court in which it carries out its duties as judge;
1. against which an application to initiate disciplinary proceedings is filed;
2. to whom a complaint has been lodged,
3. against which an application is made to initiate proceedings concerning the capacity of a judge to perform his duties; or
4. Against which a proposal to initiate the procedure for making the Protocol on Voting open,
(b) the public prosecutor's office;
1. against which an application to initiate disciplinary proceedings is filed;
2. to whom a complaint has been lodged; or
3. Against which an application is made for the opening of a public prosecutor's capacity to perform his duties,
(c) the Prosecutor's Office, which shall be designated as the place of office of the European Prosecutor-in-charge, if the application for the opening of disciplinary proceedings is filed against the Prosecutor-in-Office, who shall act as the European Prosecutor-in-Office, if a complaint has been filed against such a representative or if a complaint has been filed against such a representative for the opening of the proceedings on the capacity of the Prosecutor;
(d) an executive office, executed by a court executor against whom an application for disciplinary action is filed or a complaint has been lodged. "
11. Sections 4a and 4b are deleted.
12.
(1) Where a judge, pursuant to Article 4 (a), performs his duties before a supreme court, the Supreme Court shall, at first instance, have jurisdiction in proceedings under this law in respect of which he does not perform his duties.
(2) If the Prosecutor-General is acting under § 4 (b), or has been acting as a place of office of the European Prosecutor-General under § 4 (b). (c) laid down by the Attorney General's Office, the proceedings under this law at first instance shall be the jurisdiction of the Supreme Court, in whose district the seat of which is not situated. "
footnotes 4, 4a and 4b are deleted.
13. The following Sections 5a to 5w are inserted after Section 5, including the headings and footnotes No 11 to 14:
(1) The Supreme Court shall rule in an appeal brought in the case of judges.
(2) The Supreme Administrative Court shall rule in the appeal proceedings
(a) Judges of the Supreme Court;
(b) Judges who take decisions exclusively in the administrative judiciary, with the exception of Judges of the Supreme Administrative Court;
(c) prosecutors,
(d) court executors.
(3) The Supreme Administrative Court shall decide in an appeal procedure also brought in cases referred to in paragraph 1 if it decides in the Unifying Chamber of Appeal.
To determine jurisdiction, the circumstances present at the time of its initiation shall be applicable until the end of the proceedings.
Senate of the Supreme Court and Supreme Administrative Court
(1) The Supreme Court and the Supreme Administrative Court shall act and act in the Boards of Appeal of the President of the Board of Appeal, its representative, four Judges and two Judges. The Supreme Administrative Court shall act and act in the matter of the Prosecutor-General, who shall be the High Prosecutor, in a Chamber of Appeal composed of the President of the Chamber, his representative and four Judges.
(2) President of the Board of Appeal The Supreme Court is the judge of this court and its representative is the judge of the Supreme Administrative Court. The President of the Senate of the Supreme Administrative Court shall be the Judge of that Court and his Deputy Judge of the Supreme Court. The other members of the Supreme Court and Supreme Administrative Court meeting of judges are two judges of the Supreme Court and two judges of the Supreme Administrative Court.
(3) Two lawyers are attached to the Senate of the Supreme Court.
(4) The seat of the Supreme Administrative Court's disciplinary chambers are in matters
(a) Judges, two lawyers,
(b) prosecutors 2 prosecutors of the Supreme Prosecutor's Office; and
(c) court executors 2 judicial executors.
Unifying Supreme Administrative Court Judicial Board
(1) The Supreme Administrative Court shall also act and act in the Unifying Chamber of Appeal, composed of the President of the Unifying Chamber of Appeal, its representative and 4 Judges.
(2) Three Judges of the Supreme Court and three Judges of the Supreme Administrative Court from among the members of the Supreme Court and the Supreme Administrative Court are members of the Unifying Chamber.
(3) Where the Supreme Court and the Supreme Administrative Court act and rule in a total of more than 5 Boards of Appeal, the President of the Supreme Court and the President of the Supreme Administrative Court shall designate the members of the Unifying Board of Appeal by means of a lot from among the Judges of the competent court who are members of the Supreme Court and Supreme Administrative Court disciplinary chambers.
(1) The President of the Unifying Chamber of Cards and its representative shall be elected by the members of the Unifying Chamber of Cards; a representative of the President of the Chamber may be elected at the same time as the President of the Unifying Chamber. The functions of the President of the Unifying Chamber of Appeal and its representative shall be exercised by their election and shall expire no later than 30 months after the President of the Unifying Chamber of Appeal has been elected.
(2) If, within 30 months of the election of the President of the Unifying Cary Chamber, the President of the Unifying Chamber or his representative has ceased to function, the members of the Unifying Cate shall elect a new Judge or his representative who is not the judge of the same court as his predecessor in office.
(3) If, before the expiry of 30 months after the election of the President of the Unifying Chamber, the office of President of the Unifying Chamber or its representative has ceased to exist, the members of the Unifying Chamber shall elect for the remainder of that period a new President of the Chamber or his Deputy Judge, who shall be the judge of the same court as his predecessor in office.
(4) Judges of the same court may not be president of the Unifying Chamber of Appeal and its representative in parallel.
(1) The hearing of the Unifying Chamber of Treason shall be convened and chaired by its President and, if not elected, by its representative. Unless a representative of the President of the Unifying Board of Appeal is elected, the hearing shall be convened and chaired by the oldest member of the Unifying Board of Appeal.
(2) The Board of Appeal shall act by a majority of its members. In the event of a tie, the vote of the President of the Unifying Chamber shall be taken by decision and, if not elected, by the vote of its representative; If no representative of the President of the Unifying Board of Appeal is elected, the vote of its oldest member shall be decided. A member of the unifying disciplinary senate excluded from the hearing shall be joined by his alternate. Exclusion of a member shall be decided by the Unifying Board of Appeal by a majority of its members, except for the Judge whose exclusion is decided.
(3) A member of the Unifying Board of Appeal who does not agree with or justify the decision of the Unifying Board of Appeal has the right to have his different opinion in the voting protocol and to have the reasons for his disagreement attached to the written copy of the decision, stating his name.
(4) The decision of the Unifying Board of Appeal shall be published in the Reports of the Supreme Administrative Court.
(1) The President of the Supreme Administrative Court issues the Rules of Procedure of the Supreme Administrative Court in accordance with the procedure laid down in the Rules of Procedure of the Supreme Administrative Court following the President of the Supreme Court's observations on the provisions concerning the Unifying Chamber of Appeal.
(2) The President of the Supreme Court shall submit the observations referred to in paragraph 1 to the President of the Supreme Administrative Court after the Judicial Council of the Supreme Court has expressed its views.
The Supreme Courts' Tender Chambers
(1) The Supreme Court shall act and rule in proceedings in the case of Judges in the case of Judges in the case of the President of the Chamber, 3 Judges and 3 sitting and in proceedings in the case of prosecutors and of the court executors in the case of Judges in the case of Judges in the case of the President of the Chamber of Appeal, 2 Judges and 4 sitting.
(2) The President of the Board of Appeal of the Supreme Court shall be the judge of the competent Supreme Court and the other members of the Board of Appeal of the Judges shall be in the case of:
(a) Judges of the Supreme Court, judges of the Supreme Administrative Court and judges of the Regional or District Court, based in the district of the competent Supreme Court;
(b) prosecutors and in the cases of judicial executors of the Supreme Court and the Supreme Administrative Court.
(3) The adjudicating chamber of the Supreme Court shall, in the case of the Judges:
(a) the Prosecutor of the Supreme Prosecutor's Office or the Prosecutor of the Supreme, Regional or District Prosecutor's Office, based in the district of the competent Supreme Court;
(b) a lawyer; and
(c) a person pursuing another legal profession.
(4) The sitting of the Chamber of Appeal of the Supreme Court in the cases of prosecutors is:
(a) 3 prosecutors of the district of the Supreme Court, the Prosecutor of the Attorney General, the Prosecutor of the District Attorney and the Prosecutor of the District Attorney, and
(b) a lawyer.
(5) The adversaries to the Chamber of Appeal of the Supreme Court in the cases of judicial executors are:
(a) 2 judicial executors carrying out an executive office located in the district of the competent supreme court;
(b) a lawyer; and
(c) a person proposed by the Ombudsman.
Provisions of a member of the Board of Appeal and an alternate member of the Board of Appeal for office
(1) The President of the Supreme Court shall keep a list of the Judges of that Court and a list of those sitting for appeal proceedings in the case of Judges.
(2) The President of the Supreme Administrative Court shall keep a list of the Judges of that Court and a list of the Advocates of Appeal in the cases of judges, prosecutors and court executors.
(3) The President of the Supreme Court shall keep a list of the Judges and a list of the Judges for proceedings in the cases of judges, a list of the Judges and a list of the Judges for proceedings in the cases of prosecutors.
(1) The President of the Supreme Court shall include the Judges of the Supreme Court on the list of Judges of the Supreme Court which he has raised after the Judicial Council of the Supreme Court.
(2) The President of the Supreme Administrative Court shall list the Judges of the Supreme Administrative Court as well as the Judges of the Supreme Administrative Court as well as the Judges of the Supreme Administrative Court.
(3) The President of the Supreme Court shall include a Judge on the list of Judges which he keeps in his possession.
(a) the Supreme Court proposed by the President of that Court,
(b) the Supreme Administrative Court, proposed by the President of that Court,
(c) the competent Supreme Court after the Judicial Council has delivered its observations;
(d) regional courts proposed by the Presidents of the relevant regional courts; and
(e) district courts proposed by the Presidents of the relevant district courts.
(4) The President of the Court of Justice shall include in the relevant list of officials:
(a) the Prosecutor of the Supreme Prosecutor's Office and the Prosecutor General's Office, proposed by the Supreme Prosecutor's Office;
(b) the Prosecutor of the Regional Prosecutor's Office, proposed by the Attorney General, who heads the Attorney General in the district of the Supreme Court,
(c) the District Attorney's Prosecutor's Office, proposed by the Regional Prosecutor's Office, who heads the Regional Prosecutor's Office in the district of the competent Supreme Court,
(d) court executors designed by the President of the Executive Chamber of the Czech Republic,
(e) lawyers proposed by the President of the Czech Bar Association,
(f) persons engaged in other legal professions proposed by the Dean of the Law Faculty of Public Universities in the Czech Republic (hereinafter referred to as the Dean of the Law Faculty); and
(g) persons proposed by the Ombudsman.
(1) The President of the Supreme Court and the President of the Supreme Administrative Court propose to the Judge of the competent court on the list of Judges held by the President of the Supreme Court at the request of the President of the Supreme Court after the Judicial Council of the competent court has delivered its observations.
(2) The President of the Regional Court and the President of the District Court propose to the Judge on the list of Judges, at the request of the President of the Supreme Court, after the Judicial Council of the Regional or Regional Court concerned has delivered its observations.
(3) The President of the Regional Court shall, from among the Judges of the competent Regional Court, propose a maximum of 3 Judges for each list of Judges.
(4) The President of the District Court shall request from the Judges of the competent District Court a maximum of 1 Judge for each list of Judges.
(1) The Supreme, Supreme and Regional Public Prosecutor, President of the Executive Chamber of the Czech Republic, President of the Czech Bar Association, Dean of the Faculty of Law and the Ombudsman propose, at the invitation of the President of the Court of Justice, to be included in each list of persons sitting for a maximum of 10 persons.
(2) The President of the disciplinary court shall, in the call referred to in paragraph 1, set a time limit for the listing of persons. The time limit shall not be less than 30 days.
(1) Only a fully independent and fair person may be proposed to the list of Judges and to the list of alternates. A member of the Board of Appeal or an alternate member of the Board of Appeal may not be proposed to the list of Judges and to the list of attached Judges.
(2) In the list of Judges kept by the President of the Supreme Court, unless proposed by the Judge of the competent Supreme Court, only the person who has given his consent may be proposed to the list of Judges.
Only a Judge who:
(a) for at least 3 years, he shall serve as a judge of the court which:
1. is part of the relevant article of the system of courts;
2. it shall have its seat in the district of the competent Supreme Court, if it is a judge of the Supreme, Regional or District Court, and
(b) is not the President or Vice-President of the Court.
(1) Only a public prosecutor may be proposed to the list of officials who:
(a) for at least 3 years, he shall act as a Prosecutor of the Prosecutor's Office, who:
1. is part of the relevant article of the public prosecutor's system,
2. it shall have its seat in the district of the competent Supreme Court, if it relates to the Prosecutor General, Regional or District Prosecutor,
3. has its seat in the District of the District Attorney's Office, headed by the proposing Regional Prosecutor's Office, if it goes to the District Attorney's Office, and
(b) is not the Head of the Prosecutor or Deputy Prosecutor.
(2) Only a court executor may be proposed to the list of officials who:
(a) the executive office shall be held for at least three years by the executive office, in the district of the competent supreme court, by the President of the Supreme Court; and
b) is not a member of the Presidium of the Executive Chamber of the Czech Republic or chairman of the Audit or Review Committee of the Executive Chamber.
(3) Only a citizen of the Czech Republic may be proposed to the list of those taking part, if not for a prosecutor or a judicial executor;
(a) on the day on which the oath is lodged, it has reached the age of at least 30 years;
b) obtained higher education in the Master's study programme Law and Legal Science in Education Law or in the content of the corresponding study programme at a university in the Czech Republic;
(c) conduct at least three years of lawyer practice, if proposed by the President of the Czech Bar Association;
(d) carry out at least three years of another legal profession, provided that it is proposed by the Dean of the Faculty of Law on the list;
(e) is not a member of Parliament's Chamber;
(f) is not a judge, a prosecutor or a court executor, if the Dean of the Faculty of Law or the Ombudsman proposes him to the list,
(g) has experience and moral characteristics which guarantee that it will hold its function properly; and
(h) meets the other requirements of the Act governing certain other conditions for the performance of certain functions in the State institutions and organisations11).
The righteous one is not considered to be,
(a) who has been convicted of a criminal offence, unless it is viewed as not being convicted;
(b) to whom a punitive measure has been imposed by a final decision, unless a period of at least five years has elapsed since the decision to impose a punitive measure and the punitive measure has been implemented; or
(c) whom the President of the Court of Justice has withdrawn from office pursuant to Article 6 (3) because he has seriously violated the duties of the associate, unless at least five years have elapsed since his appeal.
(1) The President of the Court of Justice shall include only a person who fulfils the conditions set out in § 5m to 5o on the list which he has maintained.
(2) The President of the Court of Justice shall exclude from the list:
(a) has been designated by drawing lots by a member of the Board of Appeal or an alternate member of the Board of Appeal;
(b) no longer meets any of the conditions under § 5m to 5o;
(c) has been included in the list for more than 5 years; or
(d) refuse the composition of a promise made to or made to the associate subject to reservation.
(1) The President of the Supreme Court and the President of the Supreme Administrative Court shall designate by lot the members of the Boards of Appeal of the Supreme Court and the Supreme Administrative Court by means of the appropriate list of Judges of the competent court.
(2) Where a Judge of the Supreme Court or of the Supreme Administrative Court is designated by a lot in accordance with paragraph 1, he shall also be designated as a member of the Board of Appeal.
(a) the Supreme Court,
(b) Supreme Administrative Court for appeal proceedings in cases
1. Judges,
2. the State Prosecutor, who is the Supreme Prosecutor,
3. other prosecutors; and
Fourth court executors.
(3) The President of the Supreme Court and the President of the Supreme Administrative Court shall designate by lot the Judges of the competent court designated by the lot referred to in paragraph 1 as members of the Board of Appeal of the Supreme Court and the Supreme Administrative Court of the President and a representative of the chairmen of the individual Boards of Appeal of the competent court.
Contents
ČÁST PRVNÍ
Čl. I
㤠1
„ČÁST DRUHÁ
㤠3
§ 4
㤠5
㤠5a
§ 5b
§ 5c
§ 5d
§ 5e
§ 5f
§ 5g
§ 5h
§ 5i
§ 5j
§ 5k
§ 5l
§ 5m
§ 5n
§ 5o
§ 5p
§ 5q
§ 5r
§ 5s
§ 5t
§ 5u
§ 5v
§ 5w
㤠6a
§ 6b
„ČÁST TŘETÍ
㤠9a
§ 9b
§ 9c
§ 9d
㤠10
㤠10a
㤠15a
㤠17a
§ 17b
§ 17c
§ 17d
§ 17e
§ 17f
㤠19a
§ 19b
§ 19c
㤠21
㤠21a
§ 21b
§ 21c
§ 21d
§ 21e
§ 21f
§ 21g
㤠22a
㤠25
„ČÁST ČTVRTÁ
§ 25a
§ 25b
ČÁST PÁTÁ
§ 25c
§ 25d
§ 25e
„ČÁST ŠESTÁ
Čl. II
ČÁST DRUHÁ
Čl. III
Čl. IV
ČÁST TŘETÍ
Čl. V
Čl. VI
ČÁST ČTVRTÁ
Čl. VII
Čl. VIII
ČÁST PÁTÁ
Čl. IX
㤠7b
Čl. X
ČÁST ŠESTÁ
Čl. XI
㤠128a
§ 128b
㤠175a
Čl. XII
ČÁST SEDMÁ
Čl. XIII
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 438 / 2024 Coll., amending Act No. 7 / 2002 Coll., on the Proceedings of Judges, prosecutors and court executors, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.12.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 634
The regulation text is for informational purposes only.
Comments 0