7/2002 Sb.
LAW
of 30 March 2004. November 2001
in cases concerning judges, prosecutors and court bailiffs
Change: 151/2002 Coll.
Change: 192/2003 Coll.
Change: 314/2008 Sb.
Change: 286/2009 Sb.
Change: 396/2009 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
COURT PROCEEDINGS IN CASES OF JUDGES AND PROSECUTORS AND IN CASES CONCERNING
JUDGES, PROSECUTORS AND COURT BAILIFFS
TITLE I OF THE
INTRODUCTORY PROVISIONS
§ 1
The subject of the law
This Act regulates the jurisdiction of the Court in proceedings concerning judges,
prosecutors and court bailiffs (hereinafter referred to as "Disciplinary Tribunal"), the composition of the
the disciplinary court, the procedure of the boards of appeal the disciplinary court and the participants in the proceedings about the disciplinary
the responsibility of the judges of the Court, the Vice-Presidents, the Presidents of the Court, the Presidents of the
the College of the Supreme Court or the Supreme Administrative Court, the State
representatives and of bailiffs and in proceedings relating to the competence of the judge and
the State Prosecutor to perform its function.
§ 2
The subject of the proceedings
In a proceeding under this Act shall be assessed
and punitive) judge, the President of the Court, the Vice-President of the Court or
the President of the College of the Supreme Court or the Supreme Administrative Court,
disciplinary responsibility and disciplinary responsibility of the public prosecutor of the Court of
executor for disciplinary transgressions "^ 1"), or a disciplinary offence or a serious
disciplinary offence ^ 9) (hereinafter referred to as "disciplinary transgressions")
(b) the judge and the eligibility of) the capacity of the public prosecutor to exercise his
the function of the ^ 2).
TITLE II
DISCIPLINARY TRIBUNAL
§ 3
In proceedings under this Act and decided upon by the disciplinary court. Of disciplinary
the Court is the Supreme Administrative Court.
§ 4
(1) in the case of proceedings relating to the judges, disciplinary tribunal and decided upon by the
judges composed of a presiding judge, his Deputy, judge and 3
lay judges. The President of the Senate is the judge of the Supreme Administrative Court,
his Deputy is the judge of the Supreme Court and another Member of the Senate, from among the
judges is the judge of the Supreme, County or District Court. In the case of
proceedings of judges deciding in the administrative justice system, it is
the President of the Senate, Supreme Court judge and his deputy judge
The Supreme Administrative Court. Between at least must always be proceeded
one Prosecutor, one lawyer and one person performing other
legal profession, if registered in the list of lay judges for proceedings in
matters of judges.
(2) the Chairman of the disciplinary court keeps a list of judges of the Supreme Administrative
list of judges of the Supreme Court and judges of the Supreme Court list,
the regional and district courts in proceedings concerning judges. To the list of
judges of the Supreme Administrative Court shall include the Chairman of the disciplinary court judge
the Judicial Council of the Court. To the list of judges of the Supreme
the Court shall include the Chairman of the disciplinary court of the peace proposed by the Chairman
Of the Supreme Court. The President of the Supreme Court, the judge shall propose to the list
to the call of the Chairman of the disciplinary court of the Supreme Judicial Council, after consultation of the
the Court. To the list of judges of the Supreme, the regional and the District Court shall be included
the Chairman of the disciplinary court, the judge suggested, the regional President of the upper and
the district courts. The Presidents of the upper, regional and district courts
the judge shall propose to the list on the call of the Chairman of the disciplinary court after consultation of the
Judicial Council of the Court. The Presidents of the high courts suggest
each of the judges of this Court to a maximum of 5 judges, Presidents of regional
the courts of each of the judges of this Court to a maximum of 3 judges and the Presidents of the
district courts each of the judges of this Court no more than one judge.
(3) the Chairman of the disciplinary court will determine by lot the President of the Senate for the control in the
cases of judges and his replacement from a list of judges of the Supreme Court or the
The Supreme Administrative Court, the representative of the President of the Senate and his replacement
from the list of judges of the Supreme Court or the Supreme Administrative Court and
another Member of the Disciplinary Chamber from among the judges and an alternate from the list
the judges of the Supreme, district and County Court.
(4) the Chairman of the disciplinary court keeps a list of lay judges in proceedings concerning
judges. To the call of the Chairman of the disciplinary court and the Chairperson
the disciplinary court, which shall not be shorter than 30 days, the highest State
a representative of the prosecutors, the President of the Czech Bar Association of the members of
the Chamber and the Deans of the law schools of public universities in the United
Republic suggest to write a list of lay judges for proceedings in
matters of judges every 10 lay judges. To the list of lay judges can be
to propose only persons who it is written made consent. The President of the
the disciplinary court shall be included in the list of lay judges of the person proposed by the phrase
Second, if it fulfils the conditions set out in § 5 para. 2. Associate for
proceedings of judges cannot be the judge.
(5) the Chairman of the disciplinary court shall determine by lot from the list referred to in paragraph 4
Member of the disciplinary board and 6 alternates in the order specified.
The Chairman of the disciplinary court and associate alternate members balloted gradually so that the
a member of the Disciplinary Chamber was always at least one Prosecutor, one
the lawyer and the one a person exercising another legal profession, if the
registered in the list of lay judges in proceedings concerning judges.
(6) the term of the Senate proceedings of judges is five years.
(7) the Senate the disciplinary court in matters decided by a majority vote of all judges
members. In case of equality of votes when deciding whether a judge,
the President of the Court, the Vice-President of the Court, the President of the College of the Supreme Court
the Supreme Administrative Court or committed a disciplinary offence, shall issue to the Senate
whether the decision.
Section 4a
(1) in the case of proceedings relating to public prosecutors, disciplinary tribunal and
shall be decided by judges composed of a presiding judge, his Deputy, and 4
lay judges. The President of the Senate is the judge of the Supreme Administrative Court and
his Deputy is judge of the Supreme Court. Two of the assessors are
prosecutors, two persons are proposed in accordance with paragraph 4, third sentence.
Between proceeded, who are not government representatives must always be at least
one lawyer and one person exercising another legal profession, if the
registered in the list of lay judges in proceedings concerning judges.
(2) the Chairman of the disciplinary court keeps a list of judges of the Supreme Administrative
list of judges of the Supreme Court, and the Court in cases concerning State
representatives. To the list of judges of the Supreme Administrative Court shall include the President of the
the disciplinary court judge after judge's observations of the Court. To
list of judges of the Supreme Court shall include the Chairman of the disciplinary court judge
proposed by the President of the Supreme Court. The President of the Supreme Court
the judge shall propose to the list on the call of the Chairman of the disciplinary court after consultation of the
Judicial Council of the Supreme Court.
(3) the Chairman of the disciplinary court will determine by lot the President of the Senate for the control in the
matters of public prosecutors, and his replacement from a list of judges of the Supreme
Administrative Court and representative of the President of the Senate and his replacement from a list
judges of the Supreme Court.
(4) the Chairman of the disciplinary court leads the lists of lay judges for proceedings in
matters of public prosecutors. To the list of lay judges of prosecutors
include the Chairman of the disciplinary court of 20 prosecutors proposed to the challenge
Chairman of the disciplinary court by the Attorney General. For the other
assessor applies section 4, paragraph 4. 4 the second to fourth sentences appropriately; the proposed
the Chairman of the disciplinary court of the person shall be included into the list of the other assessors.
According to the sentence of a third associate cannot be the judge or the Prosecutor.
(5) the Chairman of the disciplinary court shall determine by lot from lists referred to in paragraph 4
Member of the Disciplinary Chamber, 4 alternates from among the prosecutors and 4
alternates from among the other assessors in the order specified. The President of the
the disciplinary court draws the other assessor and alternates from among other
lay judges gradually so that a member of the Disciplinary Chamber or alternate member of the
among the other assessors has always been at least one lawyer and one person
executing other legal professions, if registered in the list of
lay judges for proceedings relating to prosecutors.
(6) the term of the Senate proceedings in matters of public prosecutors is
the five-year.
(7) the Senate the disciplinary court in matters of public prosecutors shall be decided by a majority of
the votes of all the members. In case of equality of votes when deciding whether
the Prosecutor committed a disciplinary offence, shall issue the Senate exculpatory
decision.
§ 4b
(1) in the case of proceedings in cases of bailiffs, and disciplinary tribunal
shall be decided by judges composed of a presiding judge, his Deputy, and 4
lay judges. The President of the Senate is the judge of the Supreme Administrative Court and
his Deputy is judge of the Supreme Court. Two of the assessors are
court bailiffs, two persons are proposed in accordance with paragraph 4, third sentence, and
the fourth. Between proceeded, who are not officers, must be
at least one lawyer and one person suggested a public defender
rights.
(2) the Chairman of the disciplinary court keeps a list of judges of the Supreme Administrative
list of judges of the Supreme Court and the Court for court proceedings
the executors. To the list of judges of the Supreme Administrative Court shall include the President of the
the disciplinary court judge after judge's observations of the Court. To
list of judges of the Supreme Court shall include the Chairman of the disciplinary court judge
proposed by the President of the Supreme Court. The President of the Supreme Court
the judge shall propose to the list on the call of the Chairman of the disciplinary court after consultation of the
Judicial Council of the Supreme Court.
(3) the Chairman of the disciplinary court will determine by lot the President of the Senate for the control in the
matters of bailiffs and his replacement from a list of judges
The Supreme Administrative Court, and the representative of the President of the Senate and his replacement
from the list of judges of the Supreme Court.
(4) the Chairman of the disciplinary court leads the lists of lay judges for proceedings in
matters of bailiffs. To the list of lay judges from the judicial executors
the Chairman of the disciplinary court classified 10 of bailiffs proposed the challenge
Chairman of the disciplinary court of the President of the enforcement of the Czech Republic.
For an observer, who is a lawyer, § 4, paragraph 4. 4 second sentence to
Fourth, mutatis mutandis. To the call of the Chairman of the disciplinary court and within the time specified
the Chairman of the disciplinary court, which shall not be shorter than 30 days, you may
The Ombudsman to propose to write to the list of lay judges for the
proceedings in cases of bailiffs 5 assessors; for the assessor
§ 4 paragraph 2. 4 third and fourth sentences appropriately. Designed by lawyers and
the persons proposed by the Ombudsman to the President of the disciplinary tribunal shall include
list of the other assessors.
(5) the Chairman of the disciplinary court shall determine by lot from lists referred to in paragraph 4
Member of the Disciplinary Chamber, 4 alternates from the ranks of bailiffs and 4
alternates from among the other assessors in the order specified. The President of the
the disciplinary court draws the other assessor and alternates from among other
lay judges gradually so that a member of the Disciplinary Chamber or alternate member of the
among the other assessors has always been at least one lawyer and one person
proposed by the Ombudsman.
(6) the term of the Senate proceedings in cases of bailiffs is
the five-year.
(7) the Senate the disciplinary court in matters of bailiffs by a majority
the votes of all the members. In case of equality of votes when deciding whether
the bailiff has committed a disciplinary offence, shall issue the Senate exculpatory
decision.
§ 5
(1) the list of judges of the Supreme Administrative Court, to the list of judges
The Supreme Court and to the list of top judges, regional and district
the courts can be designed only by the judge, who performs the function of a judge after
for at least 3 years and is blameless. The function of the judge is the disciplinary court
incompatible with the functions of the President and the Vice-President of the Court.
(2) a member of the Senate of the disciplinary court for judges, proceedings
Member of the Senate of the disciplinary court for proceedings relating to public prosecutors,
unless the State Attorney, and member of the Senate of the disciplinary court for
proceedings in matters of judicial executors, unless the bailiff
can only be a citizen of the Czech Republic, which
and at the time of the composition of the vow) has reached the age of at least 30 years old,
(b)) has the capacity to perform legal acts,
(c)) has completed training in the master's study programme in the field of
rights,
d) is blameless,
(e)) has the experience and moral qualities to give a guarantee that it will be your
function properly to hold,
f) complies with the other requirements laid down in a special legal regulation ^ 4).
(3) the rights and obligations of the Senate the disciplinary court assessor shall be
the provisions on the rights and duties of assessors in accordance with
special legal regulation ^ 4a).
(4) the performance of the functions of the assessor's Senate the disciplinary court for proceedings
judges, the Senate's disciplinary court assessor in matters of public prosecutors,
unless the public prosecutor and the Senate the disciplinary court for the assessor's
proceedings in matters of judicial executors, unless it is a bailiff, is
an obstacle in the job because of another task in the general interest ^ 4b) and
přísedícímu belongs for each day of hearing for a court whose
the associate, the reward for the performance of functions and the reimbursement of expenses associated with
This feature. Přísedícímu the Senate the disciplinary court first sentence belong
for each day, in which he took part in the negotiations of the Senate the disciplinary court, which
the associate, the reward of one jednadvacetiny the salary of the judge
The Supreme Administrative Court. Member of the Senate of the disciplinary court sentence
the first is entitled to reimbursement of cash expenses reasonably incurred in
connection with the performance of this function. Remuneration and reimbursement of cash expenses
přísedícímu disciplinary tribunal shall be paid.
(5) a member of the Senate of the disciplinary court after the draw according to § 4, 4a or 4b
composed of the Chairman of the disciplinary court in the hands of this promise: "I promise on my
honour and conscience that I will follow the laws of the United States that it
I will be interpreted according to the best of my knowledge and belief and that, in accordance with the
him I will make decisions independently, impartially and fairly. " Denial of
oath or its composition subject to results in that the
the assessor's visor, as would not be drawn.
(6) the list of lay judges disciplinary court for proceedings in the matters of State
representatives, is where the Prosecutor, can be designed only by State
representative who carries out the function of the public prosecutor for at least 3 years
and it is unimpeachable. Function of the assessor's disciplinary court is incompatible with the
the functions of the head of the public prosecutor and the Deputy Head of the State
representative. The performance of the assessor's function in matters of public prosecutors, if
Associate Attorney, shall be considered the performance of the functions of the State
representative. To the list of lay judges disciplinary court for proceedings
bailiff, is where the bailiff can be designed only
the bailiff, who shall exercise the Office of bailiff for at least 3 years
and it is unimpeachable. Function of the assessor's disciplinary court is incompatible with the
member functions of the Presidium, the Chairman of the Audit Committee and the Chairman of the audit
the Commission of the Chamber of bailiffs of the Czech Republic.
(7) for integrity in accordance with paragraphs 1, 2 and 6 is not considered to be the one whom
It was saved by a final decision, if not disciplinary measures
zahlazeno, or who has been convicted for a criminal offence, nor is the
at him, as if he has been convicted.
(8) the Chairmen of the boards, their representatives, judges, alternate members of the judges,
lay judges and lay judges are the alternates thus nominated for 5 years,
If you can keep their functions before the reasons referred to in paragraph 6.
§ 6
(1) a judge, assessor and surrogate judge and assessor ceases to exist
and the expiration of the term of Office of the Senate), to which it was designed,
b) ceases to comply with the terms of appointment under section 5,
(c)) prevents his State of health or other reasons to exercise his functions after
a longer period of 1 year,
(d)) the end of the calendar month following the month in which it was delivered
the Chairman of the disciplinary court notice of resignation,
(e)) where the judge or the Prosecutor translated to exercise the function of the
another court or public prosecutor's Office.
(2) the termination of the disciplinary court judge does not result in loss of functionality
judge.
(3) on the proposal of the President of the Senate, the Chairman of the disciplinary court revokes an observer,
that is a serious breach, the assessor's duties.
(4) termination of the functions of a member of the Senate of the disciplinary court otherwise than in
paragraph 1 (b). and), the Chairman of the disciplinary court of the new
a member of the Senate, from among the alternates in accordance with the established order.
§ 7
If the Senate has performed acts in proceedings commenced before the expiry of its
term of Office, management completes.
TITLE III
THE PROCEEDINGS OF THE DISCIPLINARY RESPONSIBILITY OF JUDGES, PROSECUTORS AND JUDICIAL
The EXECUTORS
§ 8
(1) disciplinary proceedings shall be initiated upon the proposal.
(2) the application for the initiation of disciplinary proceedings for a disciplinary responsibility of judges are
entitled to
and the President of the Republic) against any judges,
(b)) the Minister of Justice against any judges,
(c)) the President of the Supreme Court, the judges of this Court against any and
the lower court judges acting in matters falling
the powers of the courts, in which the Supreme Court is the supreme judicial authority,
(d)) the President of the Supreme Administrative Court against any judges of the
Court and lower court judges acting in matters
belonging to the jurisdiction of the courts, which is the Supreme Administrative Court
the supreme judicial authority,
(e)) the President of the High Court against any judges of the competent
the High Court and the judges of the lower court,
(f)) the President of the regional court against any judges of the competent
the regional court and the judges of the District Court,
(g)) the President of the District Court against the judge of the competent District Court and
against a judge of another district court.
(3) the application for the initiation of disciplinary proceedings for a disciplinary responsibility of the President or
the Vice-President of the Court is entitled to file an
and the President of the Republic against the President), or Vice-President of the Supreme
Court and the Supreme Administrative Court, the President of the Chief and the regional
the Court,
(b)) the Minister of Justice against any President or
Vice-President of the Court,
(c)), the Ombudsman against any President or
Vice-President of the Court,
(d)) the President of the Court against the Vice-President of that Court, and the President or
Vice-President of the lower court in its perimeter,
(e)) the President of the Supreme Administrative Court against the President of the regional court
and Vice-President of the regional court for administrative justice.
(4) the application for the initiation of disciplinary proceedings for a disciplinary responsibility of the President
the College of the Supreme Court or the Supreme Administrative Court is entitled to
Lodge
and the Minister of Justice) against any President of the College,
(b) the President of the Supreme Court) against the President of the College of the Supreme Court,
(c)) the President of the Supreme Administrative Court against the President of the College
The Supreme Administrative Court.
(5) the application for the initiation of the disciplinary proceedings of the disciplinary liability of the State
the representative is entitled to file an
a) Minister of Justice and Attorney General against any
to the Prosecutor,
(b) the Director of public prosecutions) against the public prosecutor of the competent high
the Prosecutor's Office against the public prosecutor of the regional State
the Prosecutor's Office and the public prosecutor of the District Public Prosecutor's Office in the
its perimeter,
(c) the regional public prosecutor) against the public prosecutor of the competent
the regional public prosecutor's Office and the public prosecutor of the district
the Prosecutor's Office in the periphery,
d) District Attorney against the public prosecutor of the competent
the District Public Prosecutor's Office.
§ 9
(1) the application for the initiation of disciplinary proceedings must be filed no later than 6
months from the date when the claimant knew about the facts on
the disciplinary offence, which are applicable to the submission of the proposal, the latest
However, within 3 years from the date of having committed a disciplinary offence.
(2) the application must contain the name and surname of the judge, the President of the Court,
the Vice-President of the Court, the President of the College of the Supreme Court or the Supreme
the administrative court or the Prosecutor against whom a proposal is directed,
the description of the offence for which it is proposed to begin the disciplinary proceedings, mark
the evidence on which the application is based, and the proposal to impose a specific disciplinary
the measures, on which the application is based. To design connects the evidence has
projector available. The Senate is not a proposal for the disciplinary court store
the disciplinary measure is bound.
(3) the parties are the applicant and the judge, the President of the Court,
Vice-President of the Court, the President of the College of the Supreme Court or the Supreme
the Administrative Court, the Prosecutor or the Court, against which the
the proposal is directed (hereinafter referred to as "the accused able in the printer").
§ 10
The exclusion of a member of the Senate from debating and deciding things
mutatis mutandis, the provisions of the special legal regulation ^ 4 c). For
the replacement of the outgoing member of the Senate shall apply mutatis mutandis to section 6 (1). 4.
§ 11
cancelled
§ 12
(1) a petition to the President of the Senate, able in the printer delivers the accused person to
your own hands, and if the judge will instruct it to about the right to choose a lawyer
from the ranks of judges or lawyers; in the case of the Prosecutor, shall instruct him about
the right to choose defence counsel from among the prosecutors or lawyers; in the case of
the bailiff, instruct him on the right to choose a defence counsel from the ranks of judicial
judicial officers or lawyers. At the same time instruct the accused of his rights able in the printer
under this Act, and, mutatis mutandis, as the accused according to the code of criminal procedure;
in particular, it will instruct on the law to apply reason to bias the members of the Chamber,
comment to the facts, which are blamed for it and to evidence
about them, about the right to indicate the fact in his favor, and design
evidence about them, as well as of his right to remain silent.
(2) the application for the initiation of disciplinary proceedings, the President of the Senate shall forward to the Minister also
Justice if proceedings did not.
(3) the President of the Chamber shall inform the Minister of the initiation of disciplinary proceedings
of Justice and the President of the Court or the head of the public prosecutor
the Prosecutor's Office, to which the judge President of the Court,
Vice-President of the Court, the President of the College of the Supreme Court or the Supreme
the administrative court or the Prosecutor assigned to the performance of functions, and with respect to
the State Attorney shall inform whether or not the Attorney General, if the
they have not instituted the proceedings. In the case of the bailiff,
It shall inform the President of the Chamber of the initiation of disciplinary proceedings the Minister of
Justice, if he has not submitted a proposal to initiate the procedure, and the experience of
Chamber of the Czech Republic, if the Authority did not file a proposal to begin
control.
section 13 of the
If required by the content of the proposal to begin the disciplinary proceedings preliminary clarification
some of the facts, the President of the Senate or authorized member of the Senate
carry out a preliminary investigation. It may in particular determine the opinion of the able in the printer
the accused, to find out the facts and evidence, if they are not in
the proposal listed, and in the case of documents or other things, is to
the taking of evidence.
§ 13a
If in connection with the filing of the application for the initiation of disciplinary proceedings was
the judge temporarily released from the performance of the judges and the decision on the
suspended by the judge were prosecuted opposition able in the printer, ^ 5)
the Senate will decide first of these objections, within 10 working days
without a hearing, by order of either shall reject the objection or temporary
exemption from the performance of his duties shall be abolished. Similarly, if in the
connection with the filing of the application for the initiation of disciplinary proceedings was temporarily
released from the performance of the State Prosecutor and the decision on the temporary
the exemptions have been able in the printer prosecuted by the Public Prosecutor lodged an objection. ^ 6)
§ 14
The Senate without an oral hearing, the proceedings will stop,
and) If a petition filed late or if it was taken
back,
(b) if the judge ceased to exist), the President of the Court, the Vice-President of the Court,
the President of the College of the Supreme Court or the Supreme Administrative Court
or to the Prosecutor or, in the case of a judge, the President of the
the Court, the Vice-President of the Court or of the Supreme Court or the President of the College
The Supreme Administrative Court, if the resignation delivered
President of the Republic, the Minister of Justice or the President of the Supreme
the Court or the Supreme Administrative Court; in the case of the Prosecutor also
then, if there was a waiver of public prosecutor delivered to the Minister
Justice; or, in the case of the bailiff, if his performance has lapsed
the bailiff Office,
(c)) where the liability of the judge ceased to exist, the public prosecutor or the Court of
executor for disciplinary transgressions.
§ 15
(1) if the Chamber considers that the fact that the accused person is able in the printer put
guilty to offence or infraction or other
the administrative offense, disciplinary proceedings and the case shall be submitted to the competent
authority; Similarly, proceeds even if becomes aware that, for the same deed is
against the judges, the President of the Court, the Vice-President of the Court,
the President of the College of the Supreme Court or the Supreme Administrative Court
the State Prosecutor or prosecution or administrative proceedings.
(2) the disciplinary proceedings which lasts till the decision of the authority
whom the case was referred to under paragraph 1. After the legal force of this
the decision of the Chamber shall continue with the procedure, if it is to consider that the penalties in the administrative
or criminal proceedings is not sufficient; otherwise, disciplinary proceedings stopped.
(3) the Senate disciplinary proceedings conducted against the accused interrupts also able in the printer if
It was initiated by the head of the fourth of this Act. In the disciplinary
the procedure continues after the decision in proceedings under the title of the fourth
of this Act, if a judge, the President of the Court, the Vice-President of the Court,
the President of the College of the Supreme Court or the Supreme Administrative Court
or to the Prosecutor against whom the disciplinary proceedings, a judge
or the Prosecutor ceased to exist.
section 16 of the
(1) after making a preliminary investigation, or, if no such inquiries
to be President of the Senate shall determine the term of an oral hearing, it shall notify the
the plaintiff and the accused able in the printer, and if the accused, the defence counsel also able in the printer
his defense attorney.
(2) if it is necessary to hear witnesses, the President of the Senate to summon the
oral proceedings.
(3) the term of an oral hearing shall be fixed so that the accused and his able in the printer
defense attorney should of at least 5 working days for preparation
the defence. The same time limit to the preparation must be provided to the applicant.
(4) on a date for oral proceedings shall be informed whether or not the Minister of Justice and
the President of the Court or the Chief Prosecutor of the public prosecutor, to the
which is the judge, the President, the Vice-President of the Court, the President of the College
The Supreme Court or the Supreme Administrative Court or the public prosecutor,
against which the leading disciplinary proceedings, assigned to the performance of his duties, if they are not
by the applicant; in the case of the Prosecutor, is also the highest
State representative. In the case of proceedings in cases of bailiffs, shall inform the
the term of an oral hearing, the Minister of Justice, if it is not
the claimant, and the executors of the Czech Republic, if not its authority
the complainant.
§ 17
(1) oral proceedings shall take place in the presence of the petitioner and able in the printer
of the accused. In the absence of the accused may be able in the printer case only
then, if he refuses to appear before the Senate, or without reasonable excuse
does not appear. If the accused chooses able in the printer's defense lawyer, defense attorney has the right to
take part in the oral proceedings.
(2) at the beginning of the oral proceedings, the Chairman shall refer the applicant bringing a
the disciplinary proceedings and justifies it. If the applicant is not present, the Chairman shall refer
a proposal to begin the disciplinary proceedings, the President of the Senate or by the
the Senate.
(3) if carried out a preliminary investigation, the President of the Senate or its
specified by the Member of the Senate Chamber and the parties familiar with its results.
(4) the President of the Chamber shall hear the accused able in the printer, and performs other
the necessary evidence. Able in the printer the accused has the right to refuse to testify.
(5) after completion of the evidence to the case can express the applicant, Attorney
able in the printer and the accused. Able in the printer to the accused person is the last word.
(6) the hearing is public.
section 18
Minutes of oral proceedings before the Board of appeal and the consultation shall be recorded in the log.
The Protocol of the hearing signed by the President of the Chamber, and the writer,
Protocol on the advice of the Chairman and members of the Senate and the writer.
§ 19
(1) if the Senate to conclude that the accused has committed the disciplinary able in the printer
wrongdoing, decides that he is guilty, and impose disciplinary measures or
decide on the imposition of the disciplinary measures waiving under the conditions laid down
special legislation. ^ 7)
(2) the Senate hands down a decision exempting a, if there is a conclusion that is able in the printer
the accused did not commit the disciplinary offence or he is unable to prove or
It was not shown that he has become an offence for which the proceedings or
this deed is not a disciplinary offense.
(3) if the Senate able in the printer the accused exonerate referred to in paragraph 2, is able in the printer
the accused claim against the State for compensation for costs reasonably incurred in
the context of the disciplinary proceedings. The Senate will decide this claim on your
the decision referred to in paragraph 2 or, if you need to make further enquiries,
decide on the right of the accused to pay the costs of able in the printer with a separate
by decision.
(4) the Senate stop disciplinary proceedings, if, in oral proceedings will come out
stopping transpires one of the grounds listed in § 14.
(5) the presiding judge shall announce the decision at a hearing. The decision of the
It should be drawn up in writing. In addition to the operative part of the decision must also contain
his concise preamble and guidance on the appeal.
section 20
A written copy of the decision of the Chamber shall be served on the accused person, able in the printer
your own hands. Additionally, a written copy of the decision delivers a lawyer,
If the accused has, able in the printer to the applicant, the Minister of Justice and
the President of the Court or to the head of the public prosecutor of the State
the Prosecutor's Office, to which the accused is able in the printer assigned to a function
If not the applicant; in the case of the Prosecutor, shall also
the Supreme State Prosecutor, and in the case of the bailiff shall
also the enforcement Chamber of the Czech Republic, if not its authority
the complainant.
section 21
The appeal against the decision in disciplinary proceedings is not permitted.
section 22
(1) within a period of 3 years from the date of the decision of the Senate pursuant to section 19 para. 1
the judge may, President of the Court, the Vice-President of the Court, the President of the College
The Supreme Court or the Supreme Administrative Court, the public prosecutor or
the bailiff to submit a proposal for the renewal of the disciplinary proceedings.
(2) another appeal against the final decision on disciplinary
management is not permitted.
Article 23 of the
(1) a final decision issued in disciplinary proceedings for inclusion in the personal
the file of a judge, the President of the Court, the Vice-President of the Court, the President of the College
The Supreme Court or the Supreme Administrative Court or the State
the representative concerned. The ruling does not affect the obligation to issue a
This document, the judges, the President of the Court, the Vice-President of the Court,
the President of the College of the Supreme Court or the Supreme Administrative Court
or to the Prosecutor upon termination of his employment relationship or termination of
employment. ^ 8)
(2) the measures necessary for the performance of the disciplinary measures imposed, performs
in the case of a judge, the President of the Court, the Vice-President of the Court, the President of the College
The Supreme Court or the Supreme Administrative Court, the competent authority
the State administration of the Court to which the judge President of the Court, Vice Chairman
the Court, the President of the College of the Supreme Court or the Supreme Administrative
the court assigned to the Office of judge; in the case of the Prosecutor,
the measures necessary for the performance of the disciplinary measure imposed, the competent
administration of the prosecution service, which is a State representative
assigned to the performance of the duties of the public prosecutor; in the case of the Court of
the executor, the necessary measures to carry out the Ministry of Justice.
section 24
After the expiration of 5 years from the decision on the imposition of disciplinary measures
to look at the judge, the President of the Court, the Vice-President of the Court, the President of the
the College of the Supreme Court or the Supreme Administrative Court or the State
the representative of as if was not for disciplinary wrongdoing prosecuted. If the performance of the
disciplinary measures until a disciplinary sanction is not over yet, expunge
selective enforcement of disciplinary measures.
§ 25
Unless otherwise provided in this Act or unless the very nature of things, something
another, in disciplinary proceedings shall apply mutatis mutandis the provisions of the code of criminal procedure.
TITLE IV
MANAGEMENT ON THE COMPETENCE OF THE JUDGE AND THE PROSECUTOR TO EXERCISE HIS FUNCTION
section 26
In regard to the competence of the judge and the Prosecutor to exercise his
the function shall apply mutatis mutandis the provisions of title third.
TITLE V OF THE
cancelled
section 27 of the
cancelled
section 28
cancelled
section 29
cancelled
section 30
cancelled
PART TWO
TRANSITIONAL AND FINAL PROVISIONS
section 31
(1) Disciplinary proceedings the unfinished until the date of entry into force of this Act shall be
According to present regulations. completes
(2) the disciplinary transgressions or offence committed prior to the date of acquisition
the effectiveness of this law cannot be judges or Prosecutor save
more stringent disciplinary measures than what can be saved by
regulations.
§ 32
Shall be deleted:
1. Act No. 412/1991 Coll., on the disciplinary responsibility of judges.
2. Act No. 22/1993 Coll., amending and supplementing Act No. 412/1991
Coll. on disciplinary liability of judges.
3. Act No. 76/1997 Coll., amending and supplementing Act No. 412/1991
Coll. on the disciplinary responsibility of judges, as amended by Act No. 22/1993 Coll.
§ 33
This Act shall take effect on 1 January 2000. April 2002.
Klaus r.
Havel, v. r.
Zeman in r.
Selected provisions of the novel
Article. VI of Act No. 314/2008 Sb.
Transitional provisions
1. the provisions of Act No. 7/2002 Coll., in the version in force from the date of acquisition
the effectiveness of this law, the disciplinary responsibility of the President of the Court,
the Vice-President of the Court, the President of the College of the Supreme Court or the Supreme
the administrative court shall apply to the proceedings concerning wrongful acts of punitive, that was
committed after the date of entry into force of this Act.
2. The Attorney General, the President of the Czech Bar Association and deans
the legal faculties of public universities in the Czech Republic can
design the assessor pursuant to § 4 paragraph 2. 4 of law No. 7/2002 Coll., as amended by
effective from the date of entry into force of this law, within 2 months from the date of
entry into force of this Act. The Attorney General shall propose to the
the lay judges of prosecutors under section 4A(1). 4 of law No. 7/2002 Coll.
in the version in force from the date of entry into force of this law, within 2 months
from the date of entry into force of this Act. The President of the Supreme Court and the
the Presidents of the upper, regional and district courts, shall propose a judge referred to in
section 4, paragraph 4. 2 and section 4A(1). 2 of Act No. 7/2002 Coll., in the version in force from
the effective date of this Act, within 2 months from the date of acquisition
the effectiveness of this Act. The panels of the disciplinary court under this Act shall
shall establish, not later than 5 months after the date of entry into force of this Act.
3. the proceedings initiated before the date of entry into force of this Act completes
disciplinary courts in Chambers under the existing legislation.
4. the provisions of section 24 of Act No. 7/2002 Coll., in the version in force from the date of
entry into force of this Act, applies to the decision imposing
disciplinary measures, imposed after the date of entry into force of this
the law.
5. If so requested by the judge before the effective date of this Act, the competent authority
to discuss the offense of misdemeanor in disciplinary proceedings, the remainder of
is this an infraction under the existing legislation on the control of
the responsibility of the judge for the offense under sections 27 et seq. Act No. 7/2002
Coll., in the version in force until the date of entry into force of this Act. The procedure for
the responsibility of the judge for the offense under sections 27 et seq. Act No. 7/2002
Coll., in the version in force until the date of entry into force of this Act, initiated by the
to the date of entry into force of this law shall be completed in accordance with existing
regulations.
Article. XI of Act No. 286/2009 Sb.
Transitional provisions
1. Disciplinary proceedings initiated before the date of entry into force of this Act shall be
completes in accordance with the existing legislation.
2. the President of the Czech Bar Association and the Deans of the law schools
public universities in the Czech Republic suggest assessor pursuant to § 4b
paragraph. 4 of law No. 7/2002 Coll., in the version in force from the date of entry into force of
This law, within 2 months from the date of entry into force of this Act.
The President of the Chamber of bailiffs of the Czech Republic proposes Deputy from among the
bailiff in accordance with § 4b of paragraph 1. 4 of law No. 7/2002 Coll., as amended by
effective from the date of entry into force of this law, within 2 months from the date of
entry into force of this Act. The President of the Supreme Court shall propose the
the judge in accordance with § 4b of paragraph 1. 2 of Act No. 7/2002 Coll., in the version in force from
the effective date of this Act, within 2 months from the date of acquisition
the effectiveness of this Act. The Senate the disciplinary court under this Act shall
shall establish, not later than 5 months after the date of entry into force of this Act.
Article. XXIII, Act No. 396/2009 Sb.
Transitional provision
The Ombudsman can propose an assessor under section 4b of paragraph 1. 4
Act No. 7/2002 Coll., in the version in force from the date of entry into force of this
the law, within 2 months from the date of entry into force of this Act.
1) section 87 of the Act No. 6/2002 Coll., on courts, judges, lay judges and the State
administration of courts and amending some other acts (law on courts, and
the Judges Act), as amended.
Act No. 283/1993 Coll., on the public prosecutor's Office, as amended
regulations.
2) section 91 of Act No. 6/2002 Coll.
Act No. 283/1993 Coll., as amended.
4) § 88 para. 2 of Act No. 6/2002 Coll.
Act No. 283/1993 Coll., as amended.
4A) of section 79 and 80 of the Act No. 6/2002 Coll.
4B) § 203 paragraph 2. 1 of the labour code.
4 c) section 8 of the order administrative.
5) § 100 para. 4 of Act No. 6/2002 Coll., as amended by Act No. 192/2003 Coll.
6) § 71 (a). d) of Act No. 200/1990 Coll. on offences.
6) § 22 para. 5 of the Act No. 283/1993 Coll., as amended by Act No. 192/2003 Coll.
7) Act No. 451/1991 Coll., laying down some other assumptions
to perform certain functions in State bodies and organizations of the Czech and
Slovak Federal Republic, the Czech Republic and the Slovak Republic,
in the wording of later regulations.
8) § 60 para. 2 of the labour code.
9) Law No 120/2001 Coll., on judicial executors and enforcement activities
(enforcement procedure) and amending other acts, as amended.