Act No. 76 / 1997 Coll.
Act amending and supplementing Act No. 412 / 1991 Coll., on the disciplinary liability of judges, as amended by Act No. 22 / 1993 Coll.
Valid
Law
Effective from 01.08.1997
Text versions:
01.08.1997
11.04.1997
76
THE LAW
of 19 March 1997
amending and supplementing Act No. 412 / 1991 Coll., on the disciplinary liability of judges, as amended by Act No. 22 / 1993 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 412 / 1991 Coll., on the disciplinary liability of judges, as amended by Act No. 22 / 1993 Coll., is amended as follows:
1. Article 3 (1), including Notes (1a) and (1b), shall read as follows:
"(1) One of the following disciplinary measures may be imposed on the judge for disciplinary action according to the seriousness of the disciplinary action:
(a) reprimand,
(b) the reduction or withdrawal of the salary coefficient, which is part of the salary of the President of the Chamber pursuant to the Special Law (1a), for a period of up to three years;
(c) a reduction in platu1b by up to 25% for a maximum period of six months and in the case of a retrial of disciplinary action committed by a judge in the period prior to the destruction of the disciplinary action (§ 21), for a maximum period of one year;
(d) the suspension of the increase in the time taken to determine the salary for up to three years; This does not apply to Supreme Court Judges (Supreme Court),
(e) a three-year reduction in the time taken to determine the salary for up to three years; That doesn't apply to Supreme Court judges.
(1a) Articles 28 (2) and 28 (3) (a) of Act No. 236 / 1995 Coll., on the salary and other formalities connected with the performance of the duties of representatives of the State and of certain state bodies and judges.
1b) Sections 28 (1) and 28 (3) of Act No. 236 / 1995 Coll. '
2. Article 3 (3) reads as follows:
"(3) A judge may be ordered for a serious criminal offence or for an offence which is at the same time a serious criminal offence, according to the degree of seriousness of the criminal offence of one of the following:
(a) removal from office of President of the Chamber,
(b) a reduction of six years in the time taken to determine the salary for up to three years; This does not apply to Supreme Court judges,
(c) transfer to another court of the same or lower degree on a proposal from the Minister of Justice;
(d) removal from office of Judge on a proposal from the Minister of Justice.
Where an offence is committed, such measures may be imposed in addition to those referred to in points (b) to (d) of paragraph 2. ';
3.
Termination of judicial disciplinary liability
(1) The liability of the judge for the offence shall cease if one year has elapsed since his commission.
(2) The liability of the judge for disciplinary action shall cease if, within one year of his commission or, in the case referred to in Article 3 (4), within one year of the legal power condemning the judgment, the application for disciplinary action has not been brought. ';
1. The disciplinary proceedings initiated and not completed by the date of application of this law shall be completed in accordance with the existing rules.
2. A court may not impose more stringent disciplinary action than could have been imposed under the provisions of the present law for criminal offences committed before the date of application of this law.
This Act shall take effect on 1 August 1997.
Zeman v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 76 / 1997 Coll., amending and supplementing Act No. 412 / 1991 Coll., on the disciplinary liability of judges, as amended by Act No. 22 / 1993 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.04.1997 |
|---|---|
| Effective from | 01.08.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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