In Cases Concerning Judges, Prosecutors And Court Bailiffs

Original Language Title: o řízení ve věcech soudců, státních zástupců a soudních exekutorů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=52456&nr=7~2F2002~20Sb.&ft=txt

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.