Ministry of Justice Czech Republic
Dated December 23, 1991
The rules of procedure for district and regional courts
Change: 584/1992 Coll.
Change: 194/1993 Coll.
Change: 246/1995 Coll.
Change: 278/1996 Coll.
Change: 234/1997 Coll.
Change: 482/2000 Coll.
Change: 104/2002 Coll.
Change: 268/2003 Coll.
Change: 202/2007 Coll.
Change: 315/2007 Coll.
Change: 168/2009 Coll.
Change: 457/2009 Coll.
Change: 438/2011 Coll.
Change: 322/2013 Coll.
Czech Ministry of Justice, pursuant to § 62 paragraph. 2
Act no. 335/1991 Coll., On Courts and Judges, in accordance with § 391 and § 391a paragraph
. 2 of Act no. 141/1961 Coll., On Criminal Procedure (Criminal Procedure
), as amended, pursuant to § 374a and Art. III
point 12 of the Civil Procedure Code no. 99/1963 Coll. as amended, and § 71
point. b) Act no. 328/1991 Coll., on Bankruptcy and Composition:
Organization of work in the courts
The basis of the internal organization of courts, court departments that
create individual chambers and a single judge.
Administrative and other office work for one or more departments performs judicial office.
Are also set up common bodies performing acts for the entire court.
(1) The criminal section ensure the presiding judge in the work schedule
specialization in proceedings relating
A) the corruption of public officials,
B) corruption in public procurement,
C) corruption in public tenders
D) corruption at public auctions.
(2) The distribution of cases between the various judicial departments in the work schedule
in the extent to which the court has jurisdiction in a stage in these matters
according to law to act with regard to the personal amenities court || | specialization ensures judicial department
A) criminal section in particular in proceedings relating
Third traffic crime
Fourth financial and banking crime
Fifth military crimes,
6th serious organized crime (participation in an organized criminal group and
offenses committed by an organized group);
B) for the civil sector especially in proceedings relating
First Court custody of minors,
Third intellectual property
Fourth unfair competition and illegal restriction of competition
Fifth public registers of legal and natural persons
7th bills of exchange or checks,
9th enforcement and execution,
10th with a foreign element;
C) in the field of administrative justice.
(3) The official board of the state where the work schedule to court
saved and at what time can be perused and make him copies and extracts.
Work schedule must be publicly accessible manner facilitating remote access
(1) If a thing in the specified legal department to discuss and decide
no Senate or a judge designated by the work schedule according to § 2, issue
president of the court case to another judge (single judges); similarly progresses
unable to perform acts in the matter, none of the senior court officials
court secretaries and bailiffs designated work schedule.
(2) Does If a sudden obstruction or hindrance of short term nature
judge or a higher court clerk, court secretary, court bailiff or judicial
Probationers done regarding the individual steps
designate the presiding judge, who instead he performs the required tasks.
Operations outside the courthouse
(1) If the court to be any act performed offsite court building
state authority or state institution, facility, business establishment or
other legal persons, it is necessary to act agreed in advance with their supervisor.
(2) The military premises or armed security forces
court can enforce the act only with the permission of the competent commander.
(3) The provisions of paragraphs 1 and 2 are not used, if it is a proof
(4) The Court acts in buildings and rooms of those who use
diplomatic privileges and immunities may be made only as long as it admits
international law. About such acts, the court in a timely manner
Notify the Ministry of Justice (hereinafter the "Ministry") and
Ministry of Foreign Affairs and ask them to send a representative to
Definition of tasks
Circuit court staff
The tasks of the judiciary at the district and regional courts meet judges
lay judges, judicial trainees, assistants to judges, senior court officials,
legal secretaries, bailiffs and employees
professional administration of the courts.
(1) higher judicial clerks, legal secretaries, bailiffs and staff
professional administration of the courts are obliged to maintain confidentiality
all facts they learn in connection with
judiciary. The obligation of confidentiality continues even after the employment relationship
(2) the obligation of confidentiality may be higher judicial official
judicial secretary, bailiff and expert staff
apparatus, the Chair of the court.
Simple acts done by Judicial Probationers judicial secretaries and Registrar
(1) The presiding judge may instruct the trainee judges and judicial secretaries
order in criminal matters independently perform these simple tasks
reserved under the laws of the trial, the presiding judge (single judges)
A) request in the simple things
B) service of judicial documents to persons in custody or serving a sentence of imprisonment
and writing protocols of this act,
C) scheduling of administration, including proposals and remedies
D) the decision to return the case important for the criminal proceedings after the finality
E) the decision to convict the obligation to pay the costs of criminal proceedings
fixed lump sum and costs associated with performance bonds, a convicted
obligation to reimburse the costs of damaged and obligations
convicted replace remuneration and cash expenses paid by the appointed | || advocates state
F) the necessary measures to imprisonment,
G) decisions on credit bonds and punishment
H) measures in matters of prison forfeiture,
I) call for the payment of fines or fines and measures related to the implementation
enforcement of them
J) measures necessary for the performance of other sentencing
K) measures for protective treatment, preventive detention, protective
education and detainer or other assets
L) providing data for decision on certification in conditional
conviction or suspension of criminal proceedings, documents in
proceedings for the execution of public works and documents needed to
decision approving the settlement documents in the proceedings
on conditional release, a conditional waiver of the performance of the rest of the sentence
ban on the activities and performance of the rest of the sentence banning residence, a conditional waiver
performance from the rest of the sentence ban on attending sports, cultural and other social events
and documents for decision to change the method of enforcement
imprisonment and conviction expunged,
M) notification of conditional release and the deletion of the conviction,
N) the administration of any additional reporting criminal records
O) decisions on remuneration appointed defense counsel and expert fees and
P) Participation in visits to the accused in custody
Q) checking correspondence accused
R) use of an interpreter,
S) mandated probation officer.
(2) The presiding judge may instruct the trainee judges and judicial secretaries
to the matters dealt with in civil proceedings alone
perform these simple tasks belonging under the laws of the court proceedings, the presiding judge
A) simple scheduling of administration, including proposals
B) executing letters rogatory in simple things
C) acts in the removal of defects according to § 43
Civil Procedure (hereinafter "CPC.")
D) the procedure for determining paternity agreement of both parents,
E) acts in preparation of negotiations under § 114a of the CPC.
And decision-making under § 114b paragraph. 1 CPC., If a decision is made payment order,
European order for payment or electronic payment orders, | ||
F) request the files of the administrative authority under § 250c paragraph. 1 of the CPC. And
Receipt of copies of the application to the administrative authority under § 250c paragraph. 2 os
G) decisions on exemption from court fees under § 138 of the CPC.,
Unless the decision at the hearing,
H) decisions in matters of legal fees, unless the decision making
I) deciding on the reimbursement of advances in complex civil proceedings,
J) decision in proceedings on proposals for a payment order,
if it was specifically designed for a payment order on the application for release
electronic payment order and a European order for payment
K) the acts and decisions in the management of the estate, unless the provisions
administrator of the estate or part thereof in accordance with § 97 para. 2 of Law no.
292/2013 Coll., On special judicial proceedings (hereinafter only "zz row.")
a procedure pursuant to § 167 paragraph. 2 zz r., the liquidation of the estate under § 192
zz r., on schedule proceeds from the realization of assets of the testator
under § 269 of zz ., on abolishing notary commission under § 103 zz r., on
exclusion notary and his employees pursuant to § 104 of zz., on
estate, the general price is higher than CZK 5 million on the estate
which is located in a foreign country, or of the estate of the deceased
who lived abroad
L) acts in matters of custody court for minors in matters of determining whether
need parental consent to his adoption of a child in guardianship cases
persons deprived of legal capacity and persons absent or unknown, and
legal persons, as well as acts in these matters aimed at preparing
judge issued a decision without a hearing,
M) the acts and decisions in proceedings to úschovách,
N) the acts and decisions in proceedings to amortization schedules,
O) treatment of simple cases relating to public registers
legal entities and individuals,
P) issuance of official transcripts, statements or confirmation
Q) acts of the court pursuant to § 260 paragraph. 2 of the CPC.,
R) acts upon the declaration of the debtor's assets with the exception of the procedure according to §
260e of the CPC.,
S) Performance of decisions by deductions from wages, seizures or
sale of movable items except for the suspension of a decision pursuant to § 266 of the CPC
. And suspend enforcement in accordance with § 268 para. 1 point. g)
h) of the CPC.,
T) acts in insolvency proceedings except in discussions and decisions about
First provisions of the insolvency administrator,
Second dismissal of the bankruptcy trustee functions
Third exemption from the performance of the insolvency administrator,
Fourth cancel resolutions of the meeting of creditors
Fifth provision of provisional creditors' committee,
6th actions taken in implementing enforcement or execution
in conflict with the constraints of the Insolvency Act
7th motion for a preliminary measure, which is intended to restrict the right
debtor to dispose of the estate of,
8th proposal for a moratorium
10th refusal of an insolvency petition,
11th that the debtor is insolvent
12th declare bankruptcy and its abolition,
13th approval of the final report and of the resolution,
14th permits reorganization, the approval of the reorganization plan and its
changes and the change in bankruptcy reorganization,
15th approval of debt relief and its amendments granting exemption from payment of debts
involved in debt relief and withdrawal of the exemption and
cancellation of debt relief,
16th termination of the debtor's business establishment,
17th Substance in incidental disputes
U) protests bills and checks.
(3) The presiding judge may instruct the trainee judges and judicial secretaries
to cases heard in the administrative courts alone
perform these simple tasks belonging under the laws of the court proceedings, the presiding judge
(single judges): | ||
A) simple scheduling of administration, including proposals
B) executing letters rogatory in simple matters except at the request
contact with foreign countries,
C) acts in the removal of defects, especially the call for the removal
specific defects and warning of the consequences associated with their
D) acts in preparation of negotiations,
E) receipt of copies of the application on the defendant and persons participating in the
proceedings against the defendant or other persons or authorities to submit within a specified period
administrative files and its response or opinion
F) informing the people that come into consideration as
persons involved in the management of the proceedings, advise to these persons on their rights and
challenges such persons to indicate whether it will exercise the rights of the person concerned
G) discovering the whereabouts of the applicant in proceedings relating to asylum or subsidiary protection
H) issuance of official transcripts, statements or confirmation.
(4) Judicial Secretaries and judicial trainees can on behalf of the Chairman
court to conduct criminal proceedings in accordance with the instructions of the presiding judge
(single judge) and other acts of execution.
(5) The presiding judge may delegate certain employees of the professional administration
or trainee judges, if it is considered to reduce the work load of judges
without sacrificing quality and efficiency of work thinks that
out origin and conducted statistical sheets within the specified range
further work in the field of statistics.
(6) The presiding judge may instruct the trainee judges and judicial secretaries
to independently perform tasks in other court activities under § 352
(7) The presiding judge (a judge sitting alone), which the case was commanded by
work schedule, sees to it that the acts carried out by the employee
authorized under paragraphs 1 to 3 and 6, were correctly and on time performed.
(8) Authorization of legal secretaries under other regulations is not affected.
(9) The Registrar performing alongside other tasks specified in
other provisions separately in particular the following work:
A) schedule log submissions and oral statements made by the parties
grant, revocation or termination of power of attorney, made out of negotiations and
announce the revocation or termination of power of attorney to the parties
B) take the log application for exemption from court fees (§
138 of the CPC.) And the appointment of a representative, if the application was filed outside
C) characterized by clause legally and exequatur on copies
D) notify the relevant Land Registry that a petition for writ of enforcement
administration of immovable property, the proposal for a regulation
enforcement sale of immovable property or a proposal for a regulation
enforcement creation of a judicial lien on
E) insolvency proceedings schedule log declaration pursuant to § 18 paragraph
. 3 Insolvency Act, characterized the originals and copies of documents
for the publication, the date or time of their
publication in the Insolvency Register, a clause in the moment of publication
insolvency register and in simple cases performed
denial of access to personal data individuals
submissions published in the insolvency register,
F) sent to prosecutors draft resolutions or to initiate proceedings in matters
according to § 8. 1 zz row.
Appeal against a decision trainee judges or judicial secretary
(1) against the decision issued by a judicial or judicial expectant
secretary of the matters specified in § 6. 1-4 may be appealed
agent under the same conditions as against the decision of the presiding judge
(single judge). An appeal shall be submitted first
presiding judge (single judges), who shall in civil and commercial matters
decide if he considers that he has completely satisfy (§
374, paragraph. 3 Code of Civil procedure.), in criminal matters, if he considers that he has
meet and touch if you change the original decision rights of another party
criminal proceedings [§ 146 par. 1 of the criminal procedure Code (hereinafter " tr. r. ")]
otherwise submit it to the court of second instance to decide about it.
(2) Determine if the presiding judge (a judge sitting alone) appeals alone
is considered his decision in the Court of First Instance;
against him for the appeal under the general provisions relating to proceedings before the courts
Inspection of the court files in the public registers of legal and natural persons
(1) The judicial record or public registers of legal and natural persons
be in court to inspect and make copies of them and listings by
special regulation during office hours under the supervision of an authorized employee
court. The room designated for this purpose must be clearly identified and presented on the orienteering
board court. For access to the court file is
Need a previous order.
(2) If part of the file audio or video recording (hereinafter
"record"), the court will allow him to play and purchase copies of the same
conditions as in paragraph 1
(3) If the files are kept in electronic form (hereinafter referred to as "electronic file
"), the court shall proceed accordingly.
Preparation meetings, negotiations and other acts of the court
Produce a copy of the participants
In civil judicial proceedings, participants for a speedy settlement of the case
to the court simultaneously with the execution and also need copies
decision to extradite and suggested that the court issue without hearing
participants. This copy of the court after the possible addition exploits to release
The list of pending cases
The Registrar shall take steps to make a list of all the things which are ordered
hearing, trial or a public session on the same day or
which will be announced verdict was posted on the door of hall meeting
. The list shall include the relevant judicial department, name, surname and academic titles
members of the Senate (single judge), file number, name and surname of the participants
defendants or older eighteen years and the time
Dignity court hearing
(1) Before negotiations invokes scorer door of the courtroom
loud and clear thing that will be discussed. At the same time
preliminarily determines whether there arrived persons who have been subpoenaed for the hearing and invite
is to enter the courtroom. Calling things this way may be replaced
appropriate technical device. It is not acceptable that in addition to legal persons
someone else stayed in the courtroom before calling the case.
(2) Prior to the commencement of negotiations on the locations identified in the courtroom for members of the Senate
(single judge) and the clerk visibly placed signs
stating the name, surname and academic titles of judges and lay judges, who
discuss the matter and the name and surname of the clerk and left
there throughout the negotiations.
(3) to enter the courtroom with her head uncovered;
It does not apply to members of the armed forces in the service and to women.
(1) When using handcuffs, chains demonstrations and other law enforcement
resource persons exhibited the bodies of the Prison Service
governed by specific regulations.
(2) During presence in the courtroom was showcased coercive means
sense. Retain, or re-attach, can only
instructed the presiding judge (a judge sitting alone). When deciding on such measures
consider the presiding judge (a judge sitting alone), especially if the available information
illustrated, there are grounds for suspicion of attempted escape, assault
bystanders or other violent behavior. Leaving or
znovupřiložení coercive measures shall be recorded in the minutes.
(1) the arrival or departure of the Chamber (sole judge) will rise
persons present in the courtroom. If there is no council chamber must be
judicial persons in official attire and in their positions longer when calling
(2) The Senate (single judges) is spoken only in a standing position.
Presiding judge (a judge sitting alone) may allow individuals whose age or health status
justifies it, when pleadings and statements fit.
(3) Standing listen to all present, including legal persons
publication of the judgment. Otherwise, during the meeting sitting all present
including legal persons in their places.
(4) Ask questions and comment on possible only with the consent or at the direction
presiding judge (a judge sitting alone).
(5) Verbal expressions of judges and other persons who have been granted
word must be loud and clear.
(6) persons present in the courtroom are obliged to refrain from anything that might disrupt the
or dignity of court proceedings, including the manifestation
agreement or disagreement with the course of negotiations, depositions of persons with renowned
decisions of others.
(7) Participants and their representatives, agents or proponents need
allow during a court hearing consult each other on their
opinions and proposals. For this purpose, it is possible to conduct a reasonable period of time
(8) Smoking or eating meals and drinks in the courtroom is prohibited.
(1) In the courtroom to everyone except the people under fifteen years
(2) Judicial persons and other persons present another appeal
"Mr-Mrs-Miss" connectivity features and the procedural situation, in which it addressed
gigs, or his academic title.
Only people under fifteen years, can reach, if it appears it expedient to overcome their shyness
, only a personal name.
(3) In the event that it is necessary to distinguish between people with the same procedural
status can be addressed in the preceding paragraph and to add the surname
(1) Prior to announcing the decision of the Senate goes to the council chamber.
Unless a council chamber, invite the President of the Chamber present to
courtroom and all their belongings left behind.
(2) Before retiring from the court clerk arranges the council chamber to
participants of the meeting took back their seats in the courtroom. If held
meeting in the courtroom, prompts the clerk after the meeting
participants to return to the courtroom, where appropriate, to challenge
use appropriate technical equipment.
(3) As the Senate can proceed in a single judge.
(1) Prior to the judgment, the President of the Chamber (sole judge)
present to rise. Alone announces judgment until the end of the operative part
also standing, dignified manner, continuously and loudly.
(2) Following the publication of the operative part of the judgment, the President of the Chamber
(single judge) present to sit, and he also sitting, judgment
reasons, instruct participants on appeal (appellate) and performance options
decisions and usually invite participants to comment on whether
waive announced an appeal against the judgment; It does not apply unless the judgment
present none of the participants. It is an administrative
judiciary, the presiding judge (a judge sitting alone) and will instruct participants
persons participating in the proceedings of cassation complaint and enforcement options.
Case of criminal proceedings, the presiding judge will instruct beneficiaries on
appeal and invite them to comment on whether it waived the right to appeal against
announced the judgment or whether appeals are administered or whether you retain
statutory time limit for filing an appeal possible after delivery
written copy of the judgment; President of the Chamber also typically prompts
prosecutor and the accused to comment on whether
insist on a copy of the reasons are otherwise met the conditions for the issue of simplified
judgment (§ 129 par. 2 tr. r.) ; if it is a decision
against which the appeal is admissible, instruct an authorized person to the extent
stipulated by law.
(3) A similar procedure for announcing resolutions with the difference that the entire
resolution declares sitting, and that the resolution referred to in § 169 paragraph. 2
CPC. It may not be justified.
(4) After the complete exhaustion of the discussions declared President of the Chamber
(single judge) negotiations to be completed, and invites those present to move away from
(1) If the public is excluded notify such decisions of the Chamber
(single judge) is clearly at the door of the courtroom while
ban on entry of unauthorized persons.
(2) If it is expected that citizens show to discuss some things
greater interest, the chairman of the Chamber (single judge) in conjunction administration
court action for a dignified course of the negotiations. Particular order
discuss things in an appropriate courtroom with regard to the extent anticipated
interest and possibilities court.
Some other acts of the court
Will appoint a court interpreter, translator may also be the scorekeeper.
This circumstance shall be noted in the log.
Summons to court some people
(1) Soldiers in active service are summoned to court through
their commander. Unless I know the department in which a soldier held a service
summons through the appropriate territorial military administration.
(2) A person in custody, a person exercising
preventive detention or in custody is summoned and shows
by the competent authority of the Prison Service. When summoned
person in custody in another case, it is necessary to join the request
written consent of the competent authority participating in criminal proceedings with the demonstration.
(3) The person in residential care who it was placed without his consent
Or which is the reason for which could be placed without their consent
is summoned through a healthcare institution or
medical devices, which also ensures its presentation.
(4) The juvenile, who is serving his protective care is summoned
through the institution where he performs such education, and who also
ensure its participation, including attendance at the court hearing.
Unless prevented important reasons, the presiding judge (a judge sitting alone)
regulation at the main trial or public hearing in criminal matters
account the request of the public prosecutor, who, before the indictment
oversee the adherence to legality preliminary proceeding to
able to attend the hearing of the case before the court. Similarly, takes into account
reasoned request counsel.
Protocols in court
(1) The Protocol on negotiations with the dictates loudly to present wording dictated
heard if the law does not allow otherwise. ^ 2)
The presiding judge (a judge sitting alone) may vyslýchanému, especially in the case of the experts, allow that
her testimony to the protocol dictated to. This circumstance shall be recorded in a log or
brought to an audio recording, if the protocol takes
followed by such a record. The completeness and clarity of the sound recording
enforcement ensure a higher court clerk or a logger
(2) If the laws of the proceedings before the judge admitted, may be
protocol on the conduct drawn up by loud dictated wording
recording technique; about the protocol clauses, which shall
personal name and surname of the employee, according to a report drawn up by the record.
Presiding judge (a judge sitting alone) and in cases stipulated by law, other
person responsible for the correctness and completeness of the protocol are obliged
verify that the contents of the protocol drawn up is identical to that of the recording and accuracy
copy of the protocol signed by the. If laws
proceedings before the court otherwise provides, there is no need to keep a record. If
protocol on the conduct drawn up in this way, can waive presence
clerk at the hearing, with the exception of the trial, the public and non-public session
(3) If at the hearing of which is sourced report pursuant to paragraph 2
closed settlement or other agreement on the subject of the proceedings, the agreement
surviving spouse settlement with the heirs of property belonging to the joint property || | spouses settlement agreement compulsory work for nepominutelného heir, President of the Chamber
dictate its terms to the record. It must also be drawn up during negotiations
annex of the hearing, which consists of signs
court file number of the present case, the date, the full text of conciliation or
agreement and signatures of the presiding judge (a judge sitting alone), participants conciliation or || | agreements and scorer when he was invited to her copy. Notes
after the transcript of the hearing to join him permanently.
(4) If it please the negotiations of which is sourced report pursuant to paragraph 2, the defendant
wholly or partly claim or basis of the claim that is against him
action applied, the presiding judge dictates the content of recognition || | statement into the record. It must also be drawn up during negotiations annex
record of the hearing, which includes designation of the court file number
case, the date, the full text of the statement of recognition of the defendant
and signatures of the presiding judge (a judge sitting alone), the defendant and the clerk, | || when he was invited to her copy. Annex after rewriting the protocol
hearing about him permanently attached.
(5) If a meeting of the votes present at the scorer writes and clog
protocol on voting presiding judge or a member of the Senate;
log in to indicate who wrote it and signed by all members
(6) The Protocol is written in the Czech language. It depends if the literal meaning
testimony of one who does not say in the Czech language, writes clerk
translator or an appropriate fraction thereof if possible in the language of
interrogated testified or registrar or clerk logger captures
(7) Protocol on the vote may only open the chairman or member of the Senate
acting on an appeal against a decision which
adoption of the protocol was drawn up. After consultation must be a protocol on
Vote immediately patched and bear an official stamp
round the court before which was opened and the signature of the judge who carried out these acts
(8) Protocol on voting nesepisuje, if it is a simple decision
on which the Senate passed unanimously, and which was preceded by a meeting
only in the courtroom without interruption of negotiations; the minutes of the hearing in this case
noting that the decision was taken without interruption
(9) The lesson that is required presiding judge (a judge sitting alone) to provide
to ensure the secrecy of classified information by the special Act 1)
and criminal consequences of violating secrecy of classified information, the
writes a special protocol and, in the case of criminal proceedings shall be recorded in the log
; procedure pursuant to paragraph 2 is eliminated.
Log or record must also include full name, occupation, employer and
residence of all persons who have been given instruction.
Protocol signed by the presiding judge (a judge sitting alone), and instructed personnel clerk who was on his
Recording and its transcript of the proceedings before the court in civil proceedings
(1) Records pursuant to § 40 Code of Civil Procedure. shall be recorded by the recording device
capable of providing automatic identification of the speaker. The completeness and clarity
record cares clerk or other authorized employee
(2) Recording is stored on a durable medium that unless their connection
led to file in paper form possible, instead of saving it
be recorded in the files. The record is discarded in the appraisal process simultaneously
(3) The transcript is written in the Czech language. It tells us if someone other than
Czech language, writes the relevant part of the language, which interrogated
testified clerk or interpreter.
Decisions and other documents Court
(1) The court prepares decisions and other documents in the form in which
file is held. Duplicates or copies of decisions and other documents with
drawn on paper or electronically by way of delivering
participants or other persons.
(2) Physical copies or copies signed by whoever is produced.
(3) electronic copy of the transcripts and copies of decisions and other documents
court must be signed by an electronic signature
whoever is drawn up, or labeled recognized electronic mark
(4) Physical copies of decisions and other documents the court that
drawn up with the cooperation of the postal service, the court must provide a unique identifier
decisions or other documents
court and visualized form of accepted electronic signature,
who drew them up or recognized electronic tags court.
Postal service operator can obtain a copy of such controllers
characters making out. Electronic decisions and other documents
Court in electronic form, the participant shall make
manner allowing for remote access; about the participant must be advised.
Use the official stamp
(1) imprint round affixes the official seal of the court especially
paper copies or copies of copies of court decisions, the instrument of delegation
care and representing minor provisions on the appointment or
guardian or guardian, a court commissioner credentials,
credentials and order execution, approval of contracts for the help, approval
represented by a household member, official statement (certificate)
writ of execution of punishments and protective measures warrant of arrest, detention order, the command
detention, and to order his release from custody or from
imprisonment request to discover the whereabouts of persons, measures on provision
advocate, as well as all the documents to the courts or other authorities
(2) Paragraph 1 shall not apply in cases where the
drafting a paper copy of the decision and other court documents
participating postal operator under § 48 par. 4 of the CPC.
(1) When a judge finds that the decision came into force, it will record
drawn to a decision based on the file, the date on which
occurred legal power, and joins his legible signature and date marking. That became
If the decision is legally only partially, it is necessary to record
Expressed clearly. When was proposed to supplement the judgment, it is not at
obstacle to the marked force of the decision.
(2) Legal much can designate a higher court clerk, judicial trainee,
assistant judges and court secretary in cases where a decision issued
or when that was commissioned by the judge.
(3) The electronic file legal power decision marked
person referred to in paragraphs 1 and 2 and sign their recognized electronic signature.
Clause legal force and enforceability
(1) At the request of the person to whom it was an electronic copy of the judgment or decision
delivered before the decision becomes final, the court indicated
submitted to a physical copy of the decision or
a physical output of authorized conversion of electronic
decision or an electronic copy of the decision by a special legal regulation
^ 2) (hereinafter referred to as "paper-converted version") clause
legal authority stating the date of the occurrence of legal power, and the signature of the person || | clause join.
(2) At the request of the person to whom it was delivered electronic
decision or a copy of the decision, the court indicated to present a physical copy of
decision or converted paper version of the exequatur decision
signature of the person who joined clause .
(3) The court shall send the data as part of the report at the request of the person to whom it was delivered
decision or a copy of the decision, electronic decision
bearing the legal force and enforceability or electronic copy
decision, the content of which is clause on the legal force and enforceability.
(4) Submitting a proposal to supplement the judgment does not preclude connecting
clause legally and exequatur decision.
(1) Unless the participant in civil proceedings or in administrative
justice by the deadline required number of copies of the written submissions
in paper form, although he was invited to do so, establish the following
counterparts court and party assesses court fees under a special Act
^ 1); it must be a participant in the call alerted.
(2) Does If in the case file in paper form, the court will establish filing and other documents
delivered in paper form in a physical file.
(3) Does If in the case file electronically, converts the court filing
and other documents delivered in paper form to electronic form, which establishes
into an electronic file;
authorized conversion is performed. Submissions and other documents in paper form shall be filed in
header file, which the court maintained for this purpose in accordance with a special law
(4) If the filing or other document delivered to the court as part
data report, the court will set up an electronic file or transferred to
paper form and filed in a physical file;
authorized conversion is performed.
(5) Attachments filing delivered to the court as part of a data message
court will set up an electronic file or converted to paper form, establishes
into a physical file and stored in the appropriate information system.
Presiding judge (a judge sitting alone) may instruct that certain annexes
filing delivered to the data box were converted into paper
form and based in a physical file. Documentary on converted
court takes these documents only when necessary.
(1) The files that were totally or partially destroyed or lost, reconstructs
, if necessary, to draft or no draft by
entries in registers and other record-keeping aids the court in which || | matter was held at first instance. About the A record, which marked
day of submission of the proposal, the date of the hearing, the date of the decision in the case, an indication
whether he was who he was and when an appeal is lodged and the manner of its execution
. Data on court fees are not distinguished.
(2) The court takes the certified copies of copies made out
decisions or other documents, which has itself, or which is requested by another court
or another state body. On the certified copies of copies join
clause that copy replaces lost or damaged instrument. For this purpose
may order the parties, their representatives and third parties to submit copies
filing, copies of decisions and other documents;
these papers after court action certified copy returns.
(3) Failing means referred to in paragraph 2, the court makes the necessary
investigation, particularly to certify that both statements were
logged, hear persons who were heard as parties, witnesses
, experts, or carry out other certificates and the results of these investigations
captures the protocol on reconstruction. Protocol on reconstruction
are replaced by deeds, especially the various submissions, protocols of meetings and
Annex. A copy of the protocol on reconstruction will be delivered to known interested.
If you bring the participants objected to the wording of the protocol, the court is to him
Electronic files can only lead to an information system specially designated
For official confirmation
Presiding judge (a judge sitting alone) may, at the request of those who need it the
exercise or defend their rights, to issue an official confirmation of the facts known
from the file, or copy certain documents after
payment of court fee.
(1) The courts are authorized to request from the municipal authorities, police authorities and the
other authorities and legal and natural persons in carrying out their tasks
, especially the communication of facts which are relevant to
judicial proceedings and decisions (§ 8 tr. r., § 128 of the Civil procedure Code., § 140 paragraph. 2, §
141 and 215 zz r.).
(2) from the municipal authorities can require particular reports about behavior
equity and social circumstances of the accused and parties, reports on whether
properly convicted serving a sentence of community service, and reports
juvenile ratios, which are the basis of their own knowledge of these
(3) The authorities of the police, the courts require, in particular, on the behavior of the accused and
parties, the behavior of conditionally convicted and
conditionally released from prison within a specified time
trial and convicted for behavior the purpose of the decision on the conviction and expunged
residence and employment of persons. If necessary, the authorities
police at the request of the court conducted the search for residence.
(4) Employers courts may request reports on their behavior
workers in employment and their earnings ratios, or
well as other facts if this is necessary for legal proceedings and
Delivering an act or another legal act
(1) Delivers a court document during negotiations or other judicial
act, this shall be recorded in the minutes or protocol, which was drafted by
another legal act.
(2) The report must indicate who performed the delivery, what
document was delivered and how it was determined the identity of the addressee or whoever
document addressed to him took over. The protocol is signed someone who delivered
performed, and the addressee, or whoever took over for him the document.
Service through a public data network
(1) If the addressee made accessible data box
established under special legislation 2a) (hereinafter referred to as "data mailbox") or
ask if the addressee on the service to the email address according to § 46 para.
2 and § 46a para. 2 of the CPC., the court delivers this recipient electronically
decision made or electronically authenticated copy or transcript
decision or other electronic copy of the documents the court
if permitted by the nature of the document, through a public data network to
its data mailbox or to his e-mail address.
(2) If the filing or other document participant's or any other person (hereinafter referred
"Submissions") delivered to the court in written form, the court
transferred into electronic form and send to the addressee, which is delivered | || through public data network, as part of a data message;
Authorized conversion is performed.
(3) If a filing delivered to the court as part of a data message sends
court addressee, which is delivered via the public data network
contents of data messages. Addressee, which is delivered in paper form
, the court shall send in paper version of the submission;
authorized conversion is performed.
The production decisions and other court documents for cooperation
operator of postal services and their delivery
(1) Does if matter in an electronic file and the court prepares documentary
Copies of decisions and other documents
court through the postal service, it passes the court electronically
this operator, which in accordance with the contract be drawn up
their paper form and deliver them; authorized conversion while
postal operator does not. Transmission and execution of the
performs automated manner that avoids human intervention
beyond the extent necessary.
(2) Does if matter in an electronic file and the court of
DO mends paper copy of the decision and other court documents
manner pursuant to paragraph 1, is based to an electronic file delivery report in electronic form,
which converts postal operator in electronic form
in accordance with the contract; authorized conversion while
postal operator does not. Receipt in certificated form
court to establish a collection file, which the court maintained for this purpose
in accordance with special legislation 2b).
§ 28 g
Canceled PART SIX
Compensation for necessary expenses parties to the proceedings
(1) The cash expenses participant belongs fare, meals and dormitory.
(2) Basis for calculation of loss of earnings subscriber who is in
employment or similar relationship or employment relationship
working relationship is the average earnings calculated in accordance with special regulations
. ^ 3) The amount average earnings demonstrates participant confirmation
employer, for whom he works, where it is indicated whether and what amount
employer knocks over a period of absence from work, and whether the participant may
go to work on the rest of the shift.
(3) For a participant who is not employed or in a relationship similar
working relationship, but is gainfully employed, the basis for calculating compensation
for loss of earnings consists of an amount calculated from the income tax base | || ^ 4 individuals), divided by the number of working hours laid down by special legislation
^ 5) attributable to the same calendar year.
For calculating compensation for loss of earnings shall be that of the tax base, according to which it is intended
last known tax liability, but no more than CZK 486,000;
if not the amount of loss of earnings in this way demonstrate belongs
participants compensation for loss of earnings per hour
amount equivalent to the minimum wage per hour, according to government regulations on the minimum wage, up to a maximum of eight times
this an amount per day.
(4) If a participant needs stricken severe physical disease or defect
or in other serious cases, guides, forms required
edition of the guide and his loss of earnings component costs subscriber. The costs
management participant is also required release and loss of earnings fiduciary
child or proponent.
(1) The right to a fare only participant who does not live or operate in
place where the proceedings are taking place, or is summoned from the place where he temporarily resides
(2) The parties shall be paid the actual, effective and economical travel expenses
public mass transport. If the prior consent
court used the participant's own motor vehicle, provided it
compensation under a special law. ^ 6)
(1) If a participant has used have also
local public mass transport, paid his local fares.
(2) Local freight is paid and the participant who lives or works in
place where the proceedings are taking place, if used
local public mass transport.
Meal and dormitory due to a participant under a special legal regulation
. ^ 6)
(1) To determine the amount of compensation for necessary expenses and compensation for loss of earnings
and to determine the costs of legal representative of a party or its representative
who is not a lawyer, to determine the costs guardian appointed
party, to determine costs of necessary guide, confidant and child
proponent (§ 29 para. 4), as well as to determine the amount svědečného employing
provisions of § 29 to § 32 accordingly.
(2) The compensation provided by experts and interpreters pays special
Court may, before the imposition of house arrest to request the Centre
Probation and Mediation Service jurisdiction over the place of residence of the accused
measures written promise by the accused under § 60 par. 1 point. b)
Penal Code (hereinafter the "Criminal Code. Act."). Before signing a written promise
accused is necessary to explain the nature of power and control
sentence of house arrest, his way of interaction and what restrictions are for him and
persons living with him in a common household with the associated penalty.
If the court receives a written promise accused under circumstances from which it is not enough
apparent that the accused is known to the essence of domestic
prison sentence and the associated limitations in the way of his life, before the court
imposition of the death penalty accused instruct or authorize this act
officer of the Probation and mediation service.
(1) Once the decision that is to carry out the punishment of domestic
prison, becomes enforceable, President of the Chamber shall send a copy thereof, together with
Regulation imprisonment and accessible contact data convict
such as address given for service and telephone contact
competent Probation and mediation service.
(2) Copies of all decisions relating to house arrest sends
court after legal force of the Probation and Mediation Service.
If the court finds that the accused who is in custody or condemned, which is
in prison, a sentence simultaneously carry home
prison, it shall promptly inform the court that the sentence || | house arrest imposed.
Canceled PART EIGHT
Performance of certain decisions in criminal proceedings
Once a decision imposing a preliminary injunction
becomes enforceable, the court will send a copy of the police authority, which led
or a criminal trial, a body that will participate in its implementation.
The same applies to other decisions relating to the stored
(1) If the court decides that the acceptance of a bail is permitted
determine the amount and manner of its composition. If necessary, allow
accused or another person to bail passed into the coffers
court. Otherwise, these individuals saved to bail
sent directly to the deposit account of the court. This applies even if the bail
in foreign currency.
(2) If the accused is in custody, and the court ruled that the adoption
bail in the amount designated by him is admissible, decided to replace custody
a financial guarantee and the release of the accused from custody immediately after being pecuniary
guarantee lodged. Payment of the amount deposited in the bail
can be done only on the basis of a written order of the presiding judge.
Measures Regulation imprisonment and Enforcement
criminal action imprisonment
(1) If a prisoner does not start within a specified period
punishment of imprisonment or execution of criminal sanctions of imprisonment or
if it was the specific facts discovered that his stay at liberty
is dangerous or if of his conduct or other specific factors that
reasonable apprehension that it may flee or go into hiding
ordered the presiding judge (a judge sitting alone), that the convict was shipped to carry
imprisonment or execution of criminal sanctions of imprisonment
into the relevant catchment prison (§ 321, paragraph. 3, first sentence tr. r.).
If convicted residence is not known to the court's order to commit
imprisonment or the exercise of criminal action
deprivation of liberty shall expressly state that it is necessary to locate stay prisoner (§
321 paragraph. 3, second sentence tr. r.). Delivery order to
custodial sentence or in the exercise of criminal action imprisonment shall be sent
territorial department of the Regional Directorate of the Police of the Czech Republic,
the Municipal Directorate of the Police of the Czech Republic or
Subdistrict Police Directorate of the Czech Republic by the competent place of residence
convicted. Unless residence convict known delivery order to
imprisonment or the exercise of criminal action
deprivation of liberty shall be sent to the territorial department of the Regional Directorate of the Police Czech
Republic, the Municipal Directorate of the Police of the Czech Republic or the District Police Directorate
Czech Republic in circuit court.
(2) If a stay convict traced differently than the police or the authorities
if convicted volunteered to serve prison sentences or
to pursue criminal action imprisonment, it is necessary
delivery order to imprisonment or in the exercise of criminal action
imprisonment without undue delay to appeal, and it
by the police authority, which was posted.
(3) The convict, who is abroad, while the writ of execution
imprisonment or writ of execution of criminal sanctions
imprisonment to special legislation ^ 9).
(4) In the case of a juvenile who is in institutional or protective upbringing, the court will send
writ of execution of criminal sanctions of imprisonment Institute, which is
youthful, with the fact that the exercise of criminal action came || | worker Institute. If it is not possible to ensure
ask the presiding judge (a judge sitting alone) hits a juvenile to exercise criminal action
territorial department of the Regional Directorate of the Police of the Czech Republic, urban
Directorate of the Police of the Czech Republic or the District Police Directorate Czech
Republic, in whose district the institute.
(5) juvenile prisons communicate with criminal measures imprisonment
longer than three months for at least two months before the expected date of completion of the exercise of criminal action
imprisonment school facility for performance
institutional or protective care (hereinafter "educational institution") or
treatment facility from which it was delivered to the juvenile criminal
performance measures imprisonment, the results of re-education of juvenile criminal
performance measures imprisonment for possible release from
protective custody, conditional location outside the educational institution or cancel
(6) The prison will return one copy of the court order for execution of a custodial sentence or
writ of execution of criminal sanctions of imprisonment with
confirming that the convict joined imprisonment or penal measures
imprisonment, or shall, without delay court that
custodial sentence or penal measures imprisonment by the deadline were
embarkation. If convicted in the performance of another
custodial sentence or exercising any other penal measure of imprisonment
acknowledge receipt of prison regulation imprisonment or criminal action
imprisonment on one of his execution, indicating the | || imprisonment or criminal action imprisonment
will probably lined up and return them immediately soudu.Opřemístění
convict to another prison, the initiation of protective treatment for his escape
and apprehension about his death, the interruption of imprisonment or criminal action
imprisonment, a conditional release, as well as
that he had been convicted as a result of execution of the sentence of imprisonment or execution
penal measure of imprisonment of clemency | || amnesty or any other reason released, lodges prison in which he was recently sentenced
promptly report to the court which decided in the first instance
; in the case of conditional release shall also report to the court
which decided on conditional release.
If it was granted conditional suspension of the prison sentence and the court
decided to accept the guarantees of citizens' interest association for correcting
accused, in the application of educational interaction under § 329 paragraph. 3 tr.
Row. judgment interest association of citizens shall indicate whether and what reasonable limits and
obligations pursuant to § 48 par. 4 of the Criminal Code. disciple. the accused were saved.
At the same time, invited by the content of these restrictions and obligations
focused its educational activity, investigated whether the accused complies with restrictions, and filed a court of
immediately report on their possible violations. It also asks for communication
change of employment or residence of the accused.
Conditional release from prison and penal actions imprisonment
As in § 38, the court in cases of conditional release
convicted of imprisonment or from the exercise of criminal action
Performance of community work sentences
(1) The notification of enforcement of community work sentences
court probation officer warns that in the implementation of control
this punishment is necessary that the probation officer had continuous
insight if convicted carries out work in accordance with the decision of the court of
their type and location, and what part of the work done.
Same time, it asks that if the condemned public works
exercised, without delay, find out the reason and by its nature
in cooperation with local authorities or institutions with which they have to be public works
exercised, taken measures to remedy the situation. The notification
court probation officer also warns that in the event that it finds no reason to convert
community service punishment in fines, house arrest
or imprisonment, the court filed a relevant proposal under criminal || | Procedure.
(2) If the court finds that the number of requests to perform charitable works in his
circuit does not match the number of lawfully sentenced, who
this punishment are to perform in advance of notifying the probation officer and
asks him to provide municipalities and charitable institutions
professional help in the search for suitable work and formulation requirements
Inpatient Protective Treatment
(1) Regulation Inpatient Protective Treatment with attachments under § 351
paragraph. 5 tr. r., the Chairman of the Chamber (sole judge)
medical equipment appropriate to the domicile or residence of the person to which it is to be
protective treatment done in duplicate together with one copy
decision was protective treatment is imposed. After an agreement with the administration
medical facility established by the President of the Chamber (sole judge) the day when
protective treatment to be lined up.
Simultaneously notifies management of medical devices that change the constitutional form of protective treatment on an outpatient
or release from protective treatment under the conditions of § 99 para. 6
tr. disciple. can only occur on the basis of a final decision
district court in whose jurisdiction the protective treatment is carried out, and asks that this Court
was promptly notified, should they occur
reasons for some of these measures. Further asks that medical devices
told the court that ordered protective treatment if the person who was
protective treatment is imposed, joined at the appointed time of his performance.
(2) The presiding judge (a judge sitting alone) invite the person who was
protective treatment is imposed, that his power came to power in a relevant medical
facility within a specified time. Unless the person is fully sui juris,
do so through her legal representative or guardian.
If a person whose protective treatment to be done, not dangerous
for its surroundings, it can provide the necessary time to procure its
affairs. For soldiers challenge delivered by the master or chief
department, which condemned perform military service.
(3) does not start if the invited person protective treatment in
constitutional deadline or if it is dangerous to their surroundings, the President shall order
judge (a judge sitting alone), its delivery in a health facility territorial department of the regional
Directorate of the Czech Police, municipal
Directorate of the Police of the Czech Republic or the District Police Directorate
Czech Republic, place of residence or residence. Unless
residence of the person to whom the treatment was imposed known delivery order to
protective treatment in an institutional form shall be sent to the territorial department
Regional Directorate of the Police of the Czech Republic, the Municipal Directorate of the Police of the Czech Republic
or the District Police Directorate
Czech Republic in circuit court.
Performance protective treatment outpatient
(1) Regulation outpatient protective treatment, the Chairman of the Chamber
(single judge) medical devices responsible for this form of treatment according
residence or stay of a person who was protective treatment
stored in duplicate together with one copy of the decision
been saved. After an agreement with the management of the health facility provides
presiding judge (a judge sitting alone) the period within which the latest to be with power
protective treatment started. Management of medical devices simultaneously
ask that the district court in whose district the facilities proposed
Change in treatment to form constitutional if the treated person refuses to undergo
protective treatment or if it appears further stay on the treated person
freedom unsafe or if subsequently found that due to the nature of the disease
and therapeutic options can not be expected to meet the purpose
protective outpatient treatment. The court also medical devices
warn that the release of protective treatment can occur under conditions
specified in § 99 para. 6 tr. disciple. only on the basis of a final decision
district court in whose jurisdiction the protective treatment is performed.
Further request that the medical facility told the court that performance
protective treatment ordered that the person to whom protective treatment
saved, to set the time claimed his performance. The Court further
medical facility highlights obligation under § 353 paragraph. 1
second sentence of the Criminal Code. l.
(2) The presiding judge (a judge sitting alone) invite the person who was protective
outpatient treatment imposed to his performance registered in the appropriate medical facility
later than a specified time. At the same time it
warn of the consequences if it fails to do so. Unless the person is fully
own right, they will do so through its legal representative or guardian
. For soldiers challenge delivered by the master or chief
department, which condemned perform military service.
Court asks the respective commander or chief of department of involvement in
outpatient treatment and sending the person being treated for medical acts
according to the instructions of the medical device.
Protective medical treatment in prison
(1) If a prisoner who is in prison,
treatment is performed in the prison, and it was decided to waive
protective treatment (§ 99 para. 7 of the Criminal Code. Code.) or been convicted of
performance of protective medical treatment or not treatment
finished (§ 99 para. 6 of the Criminal Code. Code.), administration of prison two months before the expected completion
imprisonment district court
in whose district the protective treatment is carried out, a report on the outcome
protective treatment. If the purpose of protective treatment due to the length
imprisonment is not reached, the court of
its continuation in a medical facility before the end of the performance
(2) If a prisoner is to be after imprisonment
transferred to a medical facility for further protective treatment, the court of
continuation of protective treatment decided to consult with the medical establishment date
taking protective treatment so that
identical to the date of termination of imprisonment. Barring
transfer a convict to another protective treatment, the prison released him
regulation and protective treatment back court. Otherwise, along with
attachments, including expert opinion and report on the progress and results of treatment
transmit medical facility.
Performance protective custody
(1) educational equipment, which is to be with the performance of protective custody
started, the court will send in duplicate regulation of its power, copy
decision was imposed protective education, action clause
legal power and a copy of the expert opinion in the field of psychiatry or psychology
when he was drafted in the matter. Execution of the decision
court conducted with the participation of the competent authority child protection.
Educational equipment, which was with the performance protective custody began,
confirms its onset in one copy Regulation
protective custody and return them to trial.
(2) The educational facility in which the protective upbringing exercised, served
court which imposed protective care, a report on the conditional placement
outside educational facility, an extension of the protective care of the conversion
protective custody in institutional care under a special legal regulation
^ 6) the release of the child from protective care and that
was brought to the prison.
Enforcement of judgments in civil matters
(1) The draft regulation on enforcement decisions and other proceedings held
single judge or the extent of his powers senior court clerk,
Or the scope of authority of another court employee.
(2) Acts, which requires the exercise of judgment, determining
undertaken by the staff to do the work schedule (executors). Simple tasks can be entrusted
Chairman of the Tribunal and other employees.
(3) The executors are bound by a court order or a higher judicial officer
; if necessary, request the judge or the higher judicial
(1) The executors are authorized to accept the mandatory filling
mediate reciprocal performance authorized, which are related to the performance
decision and in the cases stipulated by law perform all tasks
which is necessary for enforcement.
(2) The executors performed by following operations:
A) the sale of movable assets during the liquidation of the estate by a court
conducted under the provisions of forced sales of chattels (§ 232
paragraph. 1 point. A) zz r.)
B) activities associated with the deprivation of the child (§ 504 zz r.)
C) activities associated with the implementation of the enforcement of interim measures
(§ 493-497 zz r.)
D) activities associated with the implementation of enforcement disabilities
other proprietary rights mandatory consisting of the issuance or delivery of goods (§
320 of the CPC.)
E) actions relating to the execution of enforcement administration of immovable property,
F) mandatory personal tour and a tour of its rooms, cabinets and other
boxes (§ 325a of the CPC.)
G) a list of movables (§ 326 of the CPC.)
H) selling things that are perishable, outside the auction (§ 326b of the Civil Procedure.)
I) providing written by the things (§ 327 of the CPC.)
J) designation drawn up things that have not been secured (§ 327 paragraph. 3 os
K) approach things in the inventory entry in the log (§ 327a paragraph. 1 per
L) estimate drawn up chattels, if no associated, expert (§ 328 os
M) sale of receivables and the sale of goods drawn up at auction (§ 314b paragraph. 1
§ 329 paragraph. 1 of the CPC.)
N) issue of the proceeds from the sold items or other authorized lenders
or composition proceeds in court (§ 331 and 331a of the CPC.)
O) issuance collected money to the creditor or their composition in court (§
333 of the CPC.)
P) negotiations required to exercise the rights on securities
uncertificated securities or documents
representing a right to repayment of the outstanding amount (§ 334 of the CPC.)
Q) the actions required to realize written by the securities and book-entry securities
(§ 334a of the CPC.)
R) individual acts at an auction and immovable race (§ 336h paragraph. 1
§ 338u paragraph. 1 of the CPC.)
S) submission to recover the sums necessary to the successful bidder (§ 336n
paragraph. 3 of the CPC.)
T) vacating immovable property, buildings, apartments and other rooms
submission of cleared things zletilému principal or member of his household
, handover of cleared things into custody municipality or other
appropriate custodian, and sale of unclaimed items
distribution of the proceeds of this sale (§ 340 to 344 of the CPC.)
U) the destruction of apparently worthless things (§ 341 paragraph. 4 of the CPC.)
V) removal of movables with everything that belongs to them, mandatory or
to anyone who is willing to take, and their submission to the creditor (§ 345 o.
S. R.) || |
W) activities associated with the implementation of a decision by selling movable property according to §
348 of the CPC.,
X) actions aimed at restoring the previous status under § 351a of the CPC.
Notification of subscriber performance
(1) The executor always notify the authorized when and where the individual
(2) The executor must notify the nominee compulsory act sooner
before coming to the place of the act, or cause to be about mandatory pre
learned, unless notification to the debtor prior to the act explicitly
(3) If there is no authorized at the appointed time to the place where it should be
enforcement operation executed, performs the act in his absence,
unless the law stipulates that the enforcement of a decision can be made only | || presence of an authorized or his representative.
Measures to maintain order in enforcement
The executor is entitled to take measures that are needed to be in the implementation
enforcement upheld. Persons who rudely canceled
Performance may expel from the place of his execution. If there are reasons for this
determined by special regulation, may ask the nearest police authority
Protocol on action
(1) Any act executor shall record or writes a brief
protocol. Matters pursuant to § 68 para. 1 executor always draw up a protocol
or audiovisual fixation.
(2) The Protocol has mainly include:
A) designation of the court
B) the place, date, time and subject of the act
C) personal names and surnames of court employees who attended
act, personal names and surnames of present participants and their representatives and
personal names and surnames of other persons who are act in accordance with § 53 and 54 || | present
D) concise statement of the course of action, especially submitted proposals
E) receipt of the writ of execution or other
documents (§ 28a)
F) identification of personal names and addresses of spouse mandatory or compulsory
(3) The report must be drawn up at the end of the operation, and if possible even on the spot
act. In addition to the executor sign the participants, their
representatives, as well as those who confirm the receipt of money or goods, and persons
privy to the transaction; further sign the protocol, those whose statement is
(4) Exceptionally, the executor may also report additionally according to notes taken during
act; then sign the protocol itself. This can not proceed
order to be certified protocol receiving money or goods, or where the
protocol signed by the person privy to the act or the person whose statement is
be included in the protocol or delivered if the document tableworking .
(5) If a party or its representative moves away before signing,
notes this in the log; withhold your signature, noting it in
protocol and noted the reasons stated.
(6) When taking a tour throughout the apartment and other rooms record
need to purchase audiovisual record that includes the date and time at which
recording takes place. Must be recorded all the acts to which
a tour of the apartment and other rooms there.
Enforcement sale of movables
If it is due to those participants practical, a higher court clerk or secretary
judicial prompts authorized to disclose bank account number, to which he
be sent amount of money generated power.
Inquiring to find property records movables mandatory (eg.
Registration of securities or motor vehicles).
Inventory on the spot
(1) Writing may be movable assets which are at home, headquarters or
another place where the debtor has its things located, as well as on mandatory,
which is carrying someone else if they were
simultaneously executors handed. Executor arranges things about which there is no doubt that
place inventory were brought by those who are only there to visit.
Written, can not be movable assets which make up accessories immovable
(2) The executor writes primarily cash, valuables and other things
which can be easily sold and which may likely miss mandatory.
Matter shall be put in such an extent that the proceeds of their sale
probably sufficient to meet the recovery. If the performance was a decision
directed by selling only certain things you can only write these things.
(3) Writing can be things of which expressly declares justified.
The declaration authorized shall be reported.
Rights of others
(1) He says if a person present during the inventory of the matter is owned by a third
person, or are things that are excluded from enforcement
performs executor despite their inventory if no other
punishable things sufficient to cover the claim with accessories.
Inventory is not performed if the place undoubtedly proved that these things
(2) The claim bystanders inventory under paragraph 1 is necessary
noted in the log. While indicating executor personal name
name, occupation and residence of such person and persons who, according to the
bystanders inventory listed things belong, if the data were
listed, and the legal grounds on which it is applied the right to exclude
Matter of enforcement. The executor must in addition give
learned how to apply can be cured rights (§ 267 Code of Civil Procedure.).
(1) Things that have not been secured, the performer leaves the place where
been drafted, and marks a label or sticker. The designation is necessary to put
thing so that thing was not damaged and that it was possible thing
continue to be used for the purpose they serve. Signs must be on things
mounted so that it can not be removed without damage or
(2) The label shall state that the court thing was written, who is authorized, case number
things day inventory and serial number under which the case was
conceived in the inventory.
(3) designation will be removed from the case when the matter will be sold
excluded from execution or excluded from the inventory, performance
decision stopped the auction is complete by § 330 paragraph. 1 of the CPC. Or || | thing taken authorized under § 330 paragraph. 4 of the CPC.
Tour of the apartment and other rooms of mandatory and compulsory personal tour
(1) The opening of an apartment, office or other room, cabinets or other mandatory
mailbox need a locksmith to gain weight.
(2) After the tour, the door must be flat, office or other room
compulsory again locked and keys handed
affected persons, or stored on a suitable place
achievable for these people. About where you can pick up the keys, the person concerned must be notified
. If it is possible, after opening the cupboard or other container
(3) Personal mandatory inspection should be done sparingly, especially if
a tour of the dress, which has a compulsory wearing. Unless
executor of the same sex as mandatory, puts on a search warrant dress
person of the same sex as mandatory, which performs inspection.
Taking up the appropriate person
If it is necessary, especially given the circumstances of the case, the executor
puts on the implementation of the list of things the right person and in the log or record
indicate his personal name and residence;
person report also sign it.
Things mandatory for others
(1) If things are mandatory for anyone else who is willing to take, not the executor
such things hold to the schedule.
(2) If someone refuses to issue or deny the matter, if at all, the thing is, it is limited
act that holds such a statement in the report.
Who made such a declaration, signed the protocol on the act.
The list of things
(1) an inventory of the things listed separately under order number and a brief
(2) The inventory, in addition to the general requirements indicated in particular,
A) for which qualifying is carrying out the census,
B) what the yield can be written by the sale of individual things seem
C) whether things were already written by labeling compulsory declaration
or someone who was present during the inventory, affected by the exercise
decision or execution ordered or conducted by a court, the court
executor, administrator or taxes public authority
D) of which were written by the matter and assured that remain in place and
E) whether the case was stopped, detained or transferred to secure debt
mandatory and who is entitled to these rights,
F) what are the findings according cursory executor of personal, financial and family circumstances
obligatory to the extent necessary for assessing the punishability
G) whether the listed things probably enough to satisfy the claim
creditor, including accessories.
(3) when the list describe things in a way that can be detected
their identity and to exclude their confusion.
(4) If the matter had already been drawn up for another lender, it can
up for sale at auction to take inventory of assets in favor of other creditors
(5) If a written thing that pursuant to § 321 and 322 of the CPC.
Not subject to enforcement or to which the law applies to not admitting the performance
decision by a third person may be excluded from the list executor, || | consent of the creditor, in whose favor it has been drafted.
Executor of such a thing from the list of excluded also authorized the proposal.
To the list of funds in foreign currency
Cash in foreign currency executor takes over and surrenders
Court immediately, which is promptly offers to purchase foreign exchange spot.
(1) The proposal, if justified, will take a written chattels and stores
at an appropriate custodian. If the listed things to fit, is saved by
court. With the approval of a compulsory written can also store things in the room
debtor or creditor, which is locked and the key
deposited with the court.
(2) If the seizure entail costs, makes the executor of their
ensuring only, if an authorized deposit on these costs.
Sale of movables
(1) When movables auction bidders can raise submission least 50
CZK. This does not apply if it is a thing which caused the price is lower.
(2) The auction movables continues until auctioneers prompted
words "first, second," makes higher bids. If no further submissions, executor
notifies bidders that unless made higher bids, prompted
granted after the word "abortion" hammering.
(3) If, immediately after the procedure in paragraph 2 fails
none of the bidders higher bids, the executor will grant the knock that
bidder who made the highest bid.
To list securities or dematerialized securities or
documents representing the right to repay the outstanding
(1) shares, bills, checks or other documentary securities and other documents
representing the right to repay the outstanding executor writes, even without
design is always removes mandatory and surrender them in court. If the figure of
securities or other instrument representing a right to repayment of amounts owed
known from the register, list or other evidence, executor thing
writes a procedure under § 327a of the CPC.
(2) Book-entry and immobilized securities executor writes
procedure under § 327a of the CPC. As soon as the documents found at
compulsory, from its communication or the report from the central depository or person leading
other records learns that the mandatory
such securities are registered. The Protocol on the census executor indicate what
securities were written and where and when it mandatory to them from the date of the inventory
Monetization of securities
(1) Removed certificates of deposit, stocks, notes, checks or other documentary
securities or other instrument representing a right to repayment of amounts owed
executor immediately surrenders judges or under the authority
higher court clerk to assess if it is necessary
any act to preserve or law enforcement of the Charter, and asks for his
for further instructions.
(2) If it is necessary to exercise the right proposal at the court or other authority, executor
do so on behalf of the state. Under the state acts before a court or other authority
executor; yet it is bound by the instructions the judge.
(3) monetization of values specified in paragraph 1 and dematerialized or immobilized securities
executor performs in a manner determined
(1) If the bailiff finds in drafting the cash
exceeding an amount equivalent to twice the individual's subsistence minimum, list them in
inventory, compulsorily remove them and hand them in court.
Debtor on the amount withdrawn simultaneously issue a certificate.
(2) if the mandatory willing to voluntarily pay the debt recovery
wholly or partly justified but is not present, assumes the executor
cash, indicating it in the protocol on the census and is immediately cast
authorized. On the surrendered amount executor shall issue a mandatory
(3) The executor may not refuse partial payment of due bills or
check. In partial payment of due bills or check mark on it
list and the one who had paid certificate shall be issued. If it has been paid in full
receivable issued to the person who paid any instrument fitted
confirmation of payment.
(1) If sold in auction to the movable property that has been stopped, detained or transferred
to ensure compulsory debt in favor of its creditors (§
331a of the Civil Procedure.), The court invites creditors to deeds They substantiate their right to
movables date of this law (§ 332 paragraph. 2 of the CPC.).
(2) The distribution of proceeds from the sold item, which had been stalled given the right
decided by a court ruling.
Sale of movables conducted electronically
For auction chattels done electronically § 62a apply mutatis mutandis.
Enforcement sale of immovable
Writ of enforcement by selling immovable
must clearly indicate the real property to be sold, and
warning that enforcement of a decision also applies to parts and accessories
immovable property, including movables, which consists
accessories immovable property, and is to be sold to real property, the
to whose use serves thing in additive ownership, regulation
enforcement applies also to share in this matter in additive | || ownership.
The apartment located in the sold real property may be carried
auction only when there are suitable premises and agrees with all
people who live there permanently.
(1) When an auction immovable (§ 336i through 336j of the CPC.)
Bidders can raise the submission of at least CZK 1,000. Auction of immovable property continues until
auctioneers prompted by the words "first, second," make higher bids.
If no further submissions, the judge notifies bidders that if not done
higher bids, prompted granted after the word "abortion" hammering.
(2) If immediately after the procedure under paragraph 1 fails
no higher bidders from filing, the judge will grant the knock that bidder,
who made the highest bid.
Sale immovable conducted electronically
(1) If the court decides to perform electronic auction, the auction negotiations
not mandate. Immediately prior to the start time of the electronic auction
on the website on which the auction will be held, the court will publish
decision, if it is proven option to purchase or repurchase,
and notice that other easements, mangers and rental, lease or
pre-emption rights not specified in the auction notice on the immovable property is encumbered.
Shall also state whether it was found that the application was lodged to the exclusion
sold immovable property from execution.
(2) The identity of bidders and other participants in the auction can be verified
application for participation in the auction, signed
) Before a higher judicial officer or executor
after proving the identity of a valid identity document,
B) notarized signature or
C) an electronic signature.
(3) Each bidder in the auction externally marked identifier of
which can not be identified.
(4) The auction shall be held when bidders make submissions. The judge does not call
bidder to make the higher bids, the auctioneer and does not purport to be
(5) If in the last 5 minutes before the time the bidding is done
administration shifts the time the bidding is about 5 minutes from the last time
administration. If within this period made higher bids, scrolling
time the bidding is about 5 minutes. Expires when the last administration made
5 minutes without filing was made higher, with the electronic auction
(6) Immediately after completion of the auction judge will grant the knock bidder,
who made the highest bid.
(7) The auction is carried out by A protocol, which states the
A) data according to § 49 par. 2 point. a) and b) and the designation of legal and
B) a brief synopsis of actions and decisions referred to in paragraph 1
C) a list of the bidders with the identifier assigned by
D) a summary of bids made by indicating the amount, time and the person who made the bid
E) details of the facts under paragraph 6
(1) Resolution of the writ of execution by selling real property with
published on the official board of the court on the day when it was found that became effective
power, and removed from it in a day when it was posted the auction notice.
(2) Auction notice is published on the official board of the court on the day when the
released and removed from it the day after the auction immovable.
(3) Resolution on the hammer will be put up on the notice board of the court the day he was released
(4) Notice of registered claims on which the court decides
schedule is published on the official board of the court within 7 days from the date of the first auction
(5) The summons to the distribution schedule hearing shall be published on the official board of the court,
Once it is issued and removed from it after the distribution schedule meetings.
(6) If the forced sale of immovable stopped, the Sejm
after his final officio board any court decisions that
concerning this immovable.
Writ of enforcement handicap race shall include
accurate indication of the race, to be afflicted, and warning that
regulation enforcement relates to assets that serve
operation of the plant or due to their nature has to serve this purpose,
according to the state which will be here the day hammering, and has to be punished
race, whose use serves thing in additive ownership,
enforcement of a decision also covers to share in this matter
(1) the court administrator of the race usually the person registered on the list of trustees
under a special legal regulation 7)
with regard to the residence or place of residence of such person in relation to where it is sold
race . Another person, the court shall appoint an administrator unless there
suitable person registered on the list of trustees,
if it fulfills the conditions for inclusion in the list of trustees
under a special legal regulation 7) and if the provisions of the plant administrator agrees .
(2) When selecting a plant manager trial mindful that the nature of the case
proportionate to his abilities.
The business sold auction may be conducted only when there are
suitable premises and if not disturbed by the business.
(1) In the auction business (§ 338 watts and 338x Civil Procedure.)
Bidders can raise deliver at least an amount equal to 5% of the lowest bid.
Auction enterprise continues until auctioneers prompted by the words "first, second
" make higher bids. If no further submissions, the judge notifies
bidder, it will not be done if the higher administration granted after ringing words
(2) If immediately after the procedure under paragraph 1 fails
no higher bidders from filing, the judge will grant the knock that bidder,
who made the highest bid.
(1) Resolution of the writ of execution disabilities
enterprise will be put up on the official board of the court on the day when it was found that the force of res judicata
and removed from it in a day when it was posted auction decree.
(2) Auction notice is published on the official board of the court on the day when the
released and removed from it the day after the auction race.
(3) the distribution schedule summons to the hearing shall be published on the official board of the court
once it is issued and removed from it after the distribution schedule meetings.
(4) If the enforcement of the decision disabilities enterprise stopped, the Sejm after
legal force of a court official board all the decisions that relate
Where the executor when vacating immovable property, buildings, apartment or room
(hereinafter the "eviction"), the one who has to be evacuated is
illness bedridden, or that it a woman in confinement or
higher stage of pregnancy, and that enforcement of the eviction could seriously jeopardize
health status of such a person, not the enforcement admissible; unless
submitted a medical certificate or if
doubt about the correctness of such confirmation, the executor require the opinion of a specialist.
If for the enforcement of eviction vyklizovaného object
remove things that are apparently worthless, and eviction is not present
nobody who could take over the case, or if the takeover refused
court case documented so that it captures or takes their
audiovisual recording. Regulation shall destroy things on record, possibly
Other enforcement methods
Removing chattels mandatory
(1) Enforcement of the decision imposing the mandatory issued or delivered
legitimate thing done by the executor of her withdraw, together with the relevant documents
debtor or to the person who holds it is
willing to release it and hand it to the creditor (§ 345 Code of Civil Procedure.). If no executor
thing for the debtor finds asking where the thing is, or what
happened to her.
(2) If the subject of enforcement vehicle, inform the competent executor
traffic inspectorate in which this
motor vehicle registered in the records.
(3) If the purpose of enforcement to be made compulsory personal
tour or a tour of his apartment or other rooms used by him
proceed mutatis mutandis pursuant to § 53
Enforcement of judgments in matters of custody court for minors
(1) Performance ratios preliminary injunction regulating child
decision or the court approved agreement on the care of a minor child, or by modifying
contact with him or a decision to return the child performs work schedule
intended bailiff which can be determined by the presiding judge
higher court clerk, court secretary or assistant.
Performance under the first sentence and the judge can carry out specified work schedule.
(2) Further details of enforcement or the agreement referred to in paragraph 1
governed by instructions of the Minister of Justice.
Enforcement in relation to protection against domestic violence
(1) a decision in the matter of protection against domestic violence
performs the work schedule determined by the bailiff, senior court clerk, court
secretary or assistant judge (hereinafter referred to as "judicial authority"). If required by the circumstances of the case
enforce the court outside of working hours, the action takes place directly
judge who ordered a precaution.
(2) Enforcement of interim measures that the compulsory leave
common dwelling and its immediate surroundings, or to refrain
meeting with the person whom the court described the resolution is performed such that || | executor under a decision on interim measures in cooperation with
relevant public authorities recognize the compulsory common dwelling,
removes him all the keys from the common dwelling, which holds a mandatory, and
stores them in court; or following a decision on interim measures
prohibit mandatory meeting with the designated person or otherwise
contact. Judicial authority will also provide a mandatory opportunity to
you immediately on execution retrieved from a common dwelling
his personal valuables and documents, as well as things that serve his personal needs
; during the preliminary measures are mandatory and allows
pick things necessary for the performance of its business or profession
performance, or things necessary for other serious reasons, and it
once, not repeatedly. Must be authorized to perform the act
advance. When collecting things must be mandatory judicial authority
(3) Unless required when enforcement is present, it shall
executor announcement or left on the door of the common dwelling mandatory
the right to apply during the preliminary arrangements for a pickup
above mentioned items.
Enforcement deduction from wages or remuneration of labor of persons serving
imprisonment or detention for the recovery of maintenance
(1) If the enforcement of maintenance to the execution of decisions by deductions from wages
or persons in prison or in detention
deductions from the remuneration of work, indicating the resolution also personal name and || | surname, identity number and dates of birth of all eligible and how much falls
of amounts to be recovered for each of them. It should be noted its
address of the person to which attention should be nutritious pointed out.
(2) If the mandatory imprisonment or detention is necessary in order
also we mention his date of birth.
The court will issue a new mandate in accordance with § 43a Enforcement Code, if it finds that
commission errors in writing and arithmetic, as well as other obvious
misstatement. The new mandate also indicate that the commission
replaces the previously issued credentials.
Supervision of minors, residential care, foster care and supervision
guardian of persons deprived of legal capacity
(1) For minors, over which the court ordered supervision or who
imposed restrictions that prevent harmful effects on their upbringing, the court of first instance
at regular times, at least once every six months, reports
upbringing of a minor and his behavior from the competent authority
child protection, school or college, or ask
In regulation oversight of the regular administration of such reports in designated
(2) If ordered institutional upbringing, the court in reviewing whether
still reasons for ordering the measure, carry out a visit
facilities for institutional care, or ask the court in whose district the || | performing institutional care, the judge's visit to the facility for institutional education
establish the facts necessary to examine whether
the reasons for ordering institutional care, and handed requesting court
report on the outcome of the visit.
(1) If the child was placed in foster care, foster parents by the court to
at designated times, at least once a year, filed a report to the court of
entrusted the child, especially about his health condition and progress of education.
(2) If required by the state of the child, the court shall request from the authority
child protection, in whose district the child is in foster care,
report as foster care exercised, how
evolving relationship between the child in foster care and their parents and how they evolve
family and social relationships from the viewpoint of parents taking care of a child
If a person has been limited in legal capacity by a court appointed guardian stores
court guardian to report, as required, but at least once
year, a report on the activities of the guardian. In a report on the activities of the guardian
give an overview of the management of property guardian, if guardianship is in
any equipment or how and where to live, what generally is a medical condition
guardian how to fulfill their obligations guardian and other | || essential facts that the court ordered. The information contained in the report
guardian court should consider.
Management of the estate
The mandate and activities of the notary
(1) The court responsible for the management of the estate (the "survivor
court ') before a notary, who was responsible for carrying out tasks in the management of the estate
as a judicial commissioner (hereinafter referred to as" judicial commissioner ") | || immediately relevant file.
(2) the activity of judicial commissioner shall apply mutatis mutandis parts
fourth to sixth.
(3) Necessary actions in relation to foreign countries at the request of the judicial commissioner
(4) lays down the law that a decision or other document to be
posted on the official board of the court before a judicial commissioner court document
survivors to fly, and in paper and electronic form
(5) If a court commissioners according to § 14 para. 1 or 2 Notarial Code
appointed deputy, will take over from a court commissioner pending case in which he was
court commissioner in charge, with the concurrence of the survivor court.
Respective chamber of notaries decision on the appointment of a representative forward
competent district court.
(6) If the judicial commissioners according to § 14 par. 3 of the code of notarial
substitute notary appointed or if appointed in his place another
notary public, take these with the concurrence of the survivor's pending court case
in which a court commissioner in charge. This is true even if the case takes
newly appointed notary from sub notary.
Competent district court shall deliver the relevant decisions of the Chamber of Notaries
provisions of sub notary or a statement that the newly appointed notary
commenced activities. Substitute notary shall exercise judicial commissioner
(7) The file opened by the management of the estate to establish a document from which it follows
takeover pursuant to paragraph 5 or 6.
Discovery in records
(1) Detection of the records of legal proceedings against death led
Chamber of Notaries of the Czech Republic (hereinafter the "Chamber") pursuant to § 140 paragraph. 1
Tick row. Conducted a court commissioner immediately upon receipt of the file.
(2) Detection of the records of deeds of matrimonial property regime led
Chamber under § 140 paragraph. 1 zz l. Performs a court commissioner to
on the basis of the outcome of the preliminary investigation pursuant to § 139 of zz. This
surveys are always performed for deceased persons whose death at the time it took
marriage, otherwise only where justified by the need to survey results management.
(3) Issue Chamber of communication under a special legal regulation 13)
insertion in the files.
(1) In a report drawn up in accordance with § 142 paragraph. Zz 2 l. With respect
Legal proceedings, especially for death indicate what form it
drawing up the instrument is not damaged or repaired if it contains
actually weakening its credibility, date and identification papers
data on persons referred to in the document . If it is a notarial deed
shall indicate the name, surname and address of the notary who prepared the report, and
index marking notarial deed.
(2) In a report drawn up in accordance with § 144 paragraph. Zz 3 r., Indicate that
court commissioner removed the instrument from the package, which was provided in its
taken into custody, and instrument reading. Furthermore, the protocol shall
information pursuant to paragraph 1 first sentence and opinions of persons under § 144 paragraph. 3 of zz
(1) If the document referred to in § 142 paragraph. 1 zz row. Submitted personally
shall be given in a report drawn up in accordance with § 142 paragraph. 2 zz row. Name
surname, date of birth and residence of such person (hereinafter
"applicant"), as well as her statements, which the instrument is deposited or
found, and the data referred to in § 76 par. 1 first sentence.
(2) If it is a document which should have been declared by the petitioner
drafted or signed by the testator, the document shall
declaration by the Protocol, whether the Charter has been drafted or signed by the testator
own hands and whether such behavior was present.
(3) If it is a deed for which co-operate witnesses or other persons
we find out what their current residence and what is their relationship to the called
wills and legal heirs. If witnesses do not live as assessed
well as the date of their death.
(4) In a report drawn up in accordance with paragraphs 1-3 to confirm acceptance
documents and one copy to the petitioner issue.
(1) If the management of the estate revealed that the deceased has left more
legal proceedings in case of death, which are not identical
is necessary to determine the status and content of all.
(2) If it testator document referred to in § 142 paragraph. 1 zz row.
Light only after the management of the estate, the court finds her condition and
contents and become familiar with the person whose rights or obligations would
charter could relate to. This activity is a notary commission in accordance with § 101 of zz.
(1) The parties may inspect the documents specified in § 142 paragraph. 1
zz r., Which were formalized in a notarial deed and the state
and content was found, and to make copies of them or listings.
Court or court commissioner, in which the instrument is deposited, allowing insight into her only
parties. For access to the notarial records covered by the relevant provisions
(2) Charter, which has not been written in the form of a notarial deed, the court can only lend
another court or the appointed experts to draw up lists concerning
expert opinion, and law enforcement agencies to control
for the purposes of criminal proceedings. In place of the borrowed instrument to
Collections declared acquisition for death spawns a certified copy
on which marked clause containing information about when and to whom, or to what
records mark charter was lent.
(1) If the procedure under § 140 paragraph. 1 zz r., That the deceased
contracted a matrimonial property regime and this contract is
filed with the court commissioner, proceed similarly pursuant to § 76 paragraph. 1st
(2) Judicial Commissioner in proceedings also determines whether the deceased had changed
matrimonial property regime deed, which in the register of deeds
matrimonial property regime is not registered.
In the preliminary investigation pursuant to § 139 of zz.
Court commissioner mainly perform questioning the person for whom it can be assumed that it is informed of
personal and financial circumstances of the testator, his debts, his costs
burial or his legal dealings death, and
prepare a report about it.
Conclusions estate securing the motor vehicle shall be effected by depositing
documents and starter equipment necessary for the operation of a motor vehicle
into custody with a court or judicial commissioner. Thus proceed only
if the motor vehicle is situated at a suitable location;
otherwise be placed at a suitable custodian.
(1) end the sealing of the estate at home or at another location (the
Just "flat") made by a judicial or judicial commissioner at the entrance to the apartment
closures so that it can then determine whether
prevent unauthorized intrusion into this apartment. As an enclosure is usually used tape
and official stamp so that it can then determine if any violations
closures. The sealing of the apartment shall be drawn up.
(2) Sealing the apartment can not be executed if the deceased was not his only
user or prevented if the other serious circumstance. Obstacle that prevents
sealing shall be recorded in a log or notes in the file.
If the reasons the ban on the payment of account or passbook according to §
150 paragraph. 1 zz r., Canceled by the courts ruling.
Identifying the assets and liabilities of the estate
(1) Judicial Commissioner makes the management challenges under § 141 of zz.
Concerning the assets and liabilities of the estate will not be sufficient if their findings
data obtained according to § 172 and 173 of zz. The query always indicate which
court was to perform tasks such as judicial commissioner in charge.
(2) If in proceedings for a reason, a court commissioner makes remote access
survey data held in the form of computer files
cadastre so that was found belonged to the deceased to
registered immovable things in real estate.
Surveys conducted mainly drawing up reports and statements of ownership of property sheets.
If unable to figures from the Land Registry to obtain in this manner, free of charge, a court commissioner
ask about their workplace
provide cadastral land registry office, within whose jurisdiction the immovable
Deposit amounts judicial commissioners
Judicial Commissioner may request the parties to lay down reasonable
advance on his remuneration for the tasks carried out and its cash expenses.
Decision on inheritance
(1) The decision on the succession shall bear the name and surname
judicial commissioner address his notary offices and an indication that he was in control of
estate probate court mandated to perform tasks such
court commissioner. The instruction on appeal as a place for appeals
indicate the registered address of the survivor address the court and notary offices
judicial commissioner. A written decision signed by inheritance
court commissioner, deputy notary appointed pursuant to § 24 paragraph. 1
notarial Regulations companion notary or a notary candidate, who was
Chamber of Notaries notary appointed to represent the performance of his
(2) Duplicates inheritance decision issued by a judicial commissioner
affix the latter's official stamp. If the court deputy commissioner
notary, attach a copy of the resolution to its official stamp. If the agent
court commissioner candidate notary, attach a copy of the resolution
official stamp of the notary, whom he represents.
(3) When delivering inheritance decision issued by the court commissioner
proceed similarly to the delivery of other court decisions.
The draft decision
If a court commissioner to prepare the probate court of
draft decisions and other acts court under § 100 paragraph. Zz 3 r., Pass the file on a proposal
decisions or other acts in electronic form to that court.
(1) A copy of the final decision on inheritance, which concerns the substantive
rights to real estate, before a judicial commissioner in electronic form
cadastral workplace Cadastral Office, whose jurisdiction includes the
immovable assets are located.
(2) If a part of the inheritance decision, from which he prepares
counterpart in accordance with paragraph 1, geometrical plan, which was split or merge
land or orientation plan buildings that are not
registered in the land registry, a copy of the final decision on
heritage with geometric plan of the relevant Land cadastre office workplace
transmit in paper form.
(3) Delivers if the court commissioner copy of the decision of the relevant Land
Heritage site, joins him a completed form
published for that purpose on the website of the Czech Office for Surveying
If a court commissioner decided to liquidate the estate, proceed with
Liquidation of the deceased person's assets so as to achieve the monetization
(1) If the court against the order made by the Commissioner appealed
court commissioner, before a judicial commissioner after performing necessary tasks
file survivors court. If the appeal is filed with the survivor
court before the court of appeal immediately to the judicial commissioners
perform necessary tasks under the first sentence.
(2) Should the Court completely survivor appeal, the court shall transmit the file
commissioners with the decision delivered to the parties and made
other acts in the proceedings.
(3) If it fails completely survivor court appeal against a court commissioner
submit paperwork to the appropriate appellate court.
(4) If the decision on appeal, the court shall transmit the file survivors
court, which it forwarded to judicial commissioners. Judicial Commissioner
decision of the court of appeal served on the parties and carry out other tasks in
(5) If the Court Commissioners received an action for retrial
action for nullity or appeal when the court commissioner does not
There survivor statement, a court commissioner transmit this submission no later than next
next business day after receipt
Handover file court
After making all the necessary tasks in the management of the estate passes
court commissioner file immediately inheritance court.
Canceled PART ELEVEN
Schedule delegation of notaries and notary delegation of workers in the management of the estate
Schedule delegation of notaries
(1) Schedule assigning tasks in the management of the estate under § 100 paragraph. 1
Tick row. (The "Schedule") is divided into sections corresponding
individual district courts in the county circuit court.
(2) Each section contains a schedule especially
A) a list of notaries, who, in the district court be established,
B) identification of notaries who are engaged as partners,
C) the delegation of notaries acts in the proceedings on the estate,
D) the method of determining the notary who will be in charge, if the court cancels the authorization
notary under § 104 zz r., If authorized by a notary public is excluded under § 105
zz r. Or if the court ordered replacement of notary under § 131 of.
Uniform method of assigning judicial commissioners acts in the proceedings on the estate
may be based
A) on the peripheral system, which divides the district court on a number of municipalities
circuits formed corresponding to the number of notarial offices within the circuit
District Court depending on the place of residence of the testator or
another aspect mentioned in § 98 zz r., or
B) at the time a system under which judicial commissioners are entrusted
acts in the proceedings on the estate, depending on date of birth or death of the testator
within a calendar year or
C) a combination of the systems listed under a) and b).
(1) The Chamber of Notaries established in the circuit court in the county
later than 31 October of each calendar year to the President of the regional court of
draft schedule for the following calendar year.
(2) The chairman of a regional court shall schedule no later than 10 December
year preceding the calendar year for which the schedule is released.
Schedule delivered to all the presidents of district courts in the county court and circuit
relevant notarial chamber.
(1) If the justice minister during a calendar year shall establish or abolish
notarial office, submit to the relevant Chamber of Notaries
later than one month from the date on which the decision was announced
chairman of the regional court proposal to change the schedule.
(2) The chairman of a regional court shall schedule change within one month
date on which it was served with a proposal for its amendment.
Chairman of the regional court shall forward a schedule change to the president concerned
District Court and the relevant notarial chamber.
Canceled PART TWELVE
Custody in the management of the estate
The amount of cash stored in a metal casing
court shall not exceed the amount of CZK 50 000.
In the case that was the subject of custody deposited with the custodian, at the end
custody court orders pointing custodian, subject to escrow
delivered to the intended recipient; at the same time custodian asks for bill of costs associated with
To surrender the custody judge gives written instructions.
Canceled Section Two
Custody by a court commissioner
(1) adopting a court commissioner for safekeeping money worth more than CZK 20
000, the depositor will provide the data needed to account for the composition of the court.
(2) A court commissioner safe in his office or in a safety deposit boxes
notary at the bank money can be permanently stored only amounting to 50 000 CZK
in all matters of management of the estate.
(1) Money deposited in the current account with the bank court, the court shall, on the basis
communication signed by a judicial commissioner bearing his official seal.
(2) If the reasons for safekeeping, shall issue a court commissioner custody immediately
(3) The Custodian shall custody after he was court commissioner asks for release
custody. Judicial Commissioner custodian will invite the bill
costs associated with custody, unless his extradition custody when these costs are paid by the beneficiary
Where a court commissioner at the time under a mandate from the court
performs tasks in the management of the estate that belonged to the deceased subject of custody, custody
issue subject to the beneficiary.
Proceedings of úschovách
(1) The court shall decide on the acceptance into custody only if he was the subject
custody has been folded into the custody of the court.
(2) To surrender the custody judge gives written instructions.
(1) A court in the context of other activities of the court accepts into custody
A) the composition of the money or transfer to the court's current account with the bank
B) passbooks, securities, valuables and other movable property so it saves
first into a metal casing court if it allows the size of things,
C) other movables, which are not suitable for storage in a metal casing, by
that is stored in an appropriate custodian.
(2) The deposit can not accept perishable things and things that
to their nature or size can not be saved in a metal casing of the court or by
banks and not for them to find a custodian.
(1) Things and the money saved into the metal chassis of the court must be no later than the next business day
passed into custody at the bank.
(2) The procedure under paragraph 1 may be waived in the case of custody
savings books with balances on one point do not exceed the sum of CZK 20 000,
securities denominated in one thing at a value not exceeding
in the sum of 20 000 CZK and small chattels small price.
(1) Things that are not suitable for storing in a metal cabinet or the court for the custody
at the bank, deposited with the custodian. The Court finds the appropriate custodian
especially between legal and natural persons dealing with custody
(2) Upon termination of custody court orders pointing custodian, subject to escrow
delivered to the intended recipient; at the same time custodian asks for bill
costs associated with custody.
(1) If the petitioner expropriation proceedings lodged with the court of
compensation for expropriation because there between the current owner and those who
on expropriation of land or building is encumbered rights being acquired
expropriation agreement on the distribution of compensation , ^ 20) will satisfy the demands
those whose rights expire expropriation appropriately in accordance with § 337C and
337d Civil Procedure. and the remainder of the refund falls the prior owner.
(2) The judgment under paragraph 1 is replaced by the judgment of the court pursuant to § 299 of.
Out. R .; on the basis of a court subject of the custody issue. ^ 21)
Control amortization schedules
The nature of the instrument are excluded from the possibility of redemption papers burden,
example. promissory notes, deeds, which can be replaced by a copy, and documents
dispositive as a contract or a will.
(1) If a procedure can be amortization schedules locally relevant
two or more courts will ask the court at which the proposal was to redeem the instrument
filed, others consider coming courts, whether in this case At their place
Management does not take place amortization schedules.
(2) Resolution pursuant to § 307 paragraph. 1 and 2 zz l. To deliver the appellants with
warning of the possibility of proceeding under § 313 paragraph. 3 zz ř.Usnesení
is further delivered to the person under the Charter and committed others, which were
court learns that things have some relationship or that could clarify the matter.
Some measures to fulfill the duty of the courts in court proceedings
(1) For security duties judge (the presiding judge) or compliance
deadlines specified in § 69, 76a, 77, 83, 83a, 88, 88a, 88 m, 158a, 158d, 158e
, 179b and 314b tr. r., § 81, § 96 par. 3, § 143 par. 3, § 144, paragraph
. 2, § 208 paragraph. 3 of Law no. 104/2013 Coll., On International Judicial
cooperation in criminal matters, § 75c paragraph. 2 of the CPC., And § 404, 456 and 462
zz ř.dohodne Chairman district court for a scheduled
time outside working hours and working days reachability judge (Chairman
Chamber), which allows access to the courthouse, direct telephone
station, to fax, to the office where the files are stored
uncompleted in criminal matters and writings in the care of minors
court or in matters of provisional measures, and the use of round
(2) To ensure the performance of interim measures ordered by the court under §
405 and 452 of zz. Agreed between the Chairman of the District Court for the period beyond
scheduled working hours and working days whether or availability
executor or another employee court, which entrusts the performance of tasks
decision under § 493 and 497 zz R .;
availability is not necessary to agree when a judge whose availability was agreed
under paragraph 1, explicitly declares that ensure the performance of preliminary
(3) Where the nature of the proposed preliminary injunction order by the court of
decided to immediately, if possible, on the day when the proposal was submitted,
presiding judge at the request of the judge who handled the matter, ensure
order of interim measures to decide, prepare a resolution in writing
participants or their representatives to deliver a judicial postman outside
a scheduled working hours and days of rest.
(4) If justified by the circumstances of the case, designed to safeguard evidence
was done back in the day when the proposal was filed, the presiding judge will ensure that
to safeguard evidence could occur outside scheduled working hours.
(1) During the period of availability of the designated judge (the presiding judge)
obliged to abstain at his residence. If a temporary stay in
seat of the court to which it is assigned, it can linger at
temporary residence. The presiding judge shall notify the competent public prosecutor
, permanent service of the District Police Directorate
Czech Republic and the municipal authority with extended powers in the circuit court of
address and telephone number of the station where the designated Judge (President of the Chamber
) during the reachability delay. Documents intended
court for reachability delivered to the seat of the court, if the presiding judge or a judge
providing access agrees with those authorities
another method of document delivery.
(2) Upon delivery of the document judge (the presiding judge) to confirm the date and time of receipt of the document
. If the delivered application for interim measures
under § 452 zz r., Judges communicate to the petitioner address, telephone number or
stations that will linger
employee of the petitioner, the court will provide the needed assistance | || the enforcement of interim measures, if ordered by the court.
(1) If it is necessary at the time of the availability hear the accused and
decide on custody, appoint a lawyer to the accused, issue a
search warrant, an order for interception and recording of telecommunications
operation, perform urgent or unrepeatable act with the participation of judges,
out surveillance of persons and things, which is subject to authorization by the judge to appoint an advocate
suspect in summary proceedings or
interrogate the detained suspect, whom a petition for
punishment police authorities or the public prosecutor's office shall inform
judge (the presiding judge) competent according to § 116a.
(2) If the judge (the presiding judge) delivered to the defendant, who was
arrested on an arrest warrant issued by a judge of another court,
judge (the presiding judge) examine whether the conditions for
That the accused is not within the period specified in § 69 para. 4 tr. l. to deliver
court that issued the warrant. If these conditions are met and
police authorities submit to an arrest warrant, the judge (the presiding judge)
accused listen to the reasons for which the order was issued through the relevant bodies
police merges with the trial judge | || who issued the warrant, interrogation and informs him
fax or other similar means of telecommunication telex
court or police. The judge (the presiding judge) the court which issued the arrest warrant,
based on this information and facts contained in the court files
decide on custody and its decision in the same manner
notified by the court conducting the hearing of the accused.
(3) If it was decided that the accused taken into custody, it is necessary
about how to deliver relevant catchment detention order and an order for the adoption to
custody. When ordering the bond court other than the one which issued the arrest
and decide on custody, delivers the prison command only for admission to
custody. The court which issued the arrest warrant and decide on custody, delivers
resolution within their catchment prison.
(4) When participating judges act carried out in accordance with § 158a of the Criminal Code. r., after his
end of the file kept by the court establishes copy of the protocol of such
act, which for this purpose from the police or the state
representative performing the act requests.
(1) If the court orders the provisional measure that a minor child
was handed over to the care of a designated person, the judge orders the bailiff or other authorized employee
court to exercise acts
decision where He does not own.
(2) Unless enforcement is carried out on the basis of a declared
preliminary injunction, the judge made an interim order referred to in paragraph 1
after his release in writing immediately draw up, indicate thereon
exequatur and care the order was served upon execution
enforcement attending parties.
(1) The provisions of § 116a paragraph. 1, § 116b paragraph. 1 and § 116c is similarly enjoy
also on the activities of the regional court, which issued unrealized
order to arrest.
(2) The availability of outside scheduled working hours and on days of rest
ensures chairman of the regional court or the Supreme Court also
to carry out tasks for which this court has jurisdiction under the special law
which can not be postponed . ^ 22) the connection to a judge who has
availability, notify the person to whom under a special law for the
submit a proposal for a decision on such action.
Rules of Procedure for the superior courts
Provisions of this ordinance shall be applied also to proceedings before the High Court.
First Instructions justice minister of Czechoslovakia dated June 5, 1973 Ref
417/73 - L, issuing the rules of procedure for district and regional courts
reg. in the amount of 19/1973 Coll., as amended Instruction File 354/75 - LO, instruction ref
826/78 - LO, instruction ref 24/83, instruction ref
852/90 - L File and Instructions 1436-1491 - OOD,
Second § 10 and 11, including the title of the Decree of the Ministry of Justice
Czech Republic no. 476/1991 Coll., which implements
certain provisions of the Bankruptcy and Settlement.
This Decree shall take effect on the date of publication.
1) The Act no. 148/1998 Coll., On protection of classified facts and change
certain laws, as amended.
1) item 24 of Annex no. 1 Tariff of judicial fees to Act no.
549/1991 Coll., On Court Fees, as amended.
2) § 40 of Act no. 99/1963 Coll., Civil Procedure Code, as amended
§ 55b of the Act no. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code)
2a) Act no. 300/2008 Coll., On electronic acts and authorized conversion of documents
2b) Act no. 499/2004 Coll., On Archives and Records Service and amending
certain laws, as amended.
3) Act no. 1/1992 Coll., On wages, remuneration for work readiness and
4) Act no. 586/1992 Coll., On income taxes, as amended
5) Act no. 262/2006 Coll., The Labour Code, as amended.
6) Act no. 119/1992 Coll., On travel expenses.
6) Act no. 119/1992 Coll., On travel expenses.
6a) § 23 of Act no. 218/2003 Coll., On Juvenile liability for unlawful acts and
Juvenile Justice and amending some laws (
of Juvenile Justice), as amended .
7) § 16 of Act no. 312/2006 Coll., On insolvency trustees.
9) Instruction of the Ministry of Justice dated 23 February 2005, ref. No.
81/2002-MO-J / 142, on the progress of courts in relations with foreign countries in matters of criminal
, published under no. 14 / 2006 SIS.
Instruction of the Ministry of Justice dated 30 December 2004, ref. No.
66/2004-MOJ / 89 on the progress of courts in contact with the Member States of the European Union
in Criminal Matters, published under no. 18/2005 SIS.
11) § 1 point. d) of the Act no. 219/1995 Coll., the Foreign Exchange Act.
11a) § 1 point. m) of the Act no. 219/1995 Coll.
12) § 1 point. e) of the Act no. 219/1995 Coll.
13) § 35c paragraph. 2 and § 35d paragraph. 3 of Law no. 358/1992 Coll., On notaries and their activities
(Notary Act), as amended by Act no. 7/2009 Coll. and Act No.
. 303/2013 Coll.
20) § 111 paragraph. 3 of Law no. 50/1976 Coll., On territorial planning and
Building Code (Building Act), as amended.
21) § 185d paragraph. 1 CPC.
22) § 36 par. 3 of Act No. 283/1991 Coll., On the Police of the Czech Republic,
§ 9 paragraph. 1 and § 10 par. 2 Act no. 154/1994 Coll., On the Security Information Service