The Higher Court Officials And Senior Officials Of St. St.

Original Language Title: o vyšších soudních úřednících a vyšších úřednících st. zast.

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=66963&nr=121~2F2008~20Sb.&ft=txt

121/2008 Sb.



LAW



of 19 December 2003. March 2008



the higher court officials and senior officials of the State

the Prosecutor's Office and amending related laws



Changed: 7/2009 Sb.



Change: 183/2009 Sb.



Change: 193/2009 Sb.



Change: 396/2009 Sb.



Change: 163/Sb.



Change: 224/2013 Coll. 293/Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



SENIOR COURT OFFICIALS AND SENIOR OFFICIALS OF THE PUBLIC PROSECUTOR



TITLE I OF THE



BASIC PROVISIONS



§ 1



(1) the higher court official is authorized to perform to the extent

This or a special law court acts, which are conferred on it by the

Code of civil procedure, in judicial proceedings, administrative, enforcement

and in the other activities of the Court.



(2) a senior official of the public prosecutor is authorized to perform in

the scope of this or the Special Act which he or she acts

entrusted to it in criminal proceedings, the scope of the State netrestní

the Prosecutor's Office and to participate in the other activities of the State

the Prosecutor's Office.



§ 2



(1) a higher court can be a citizen of the United States, which is

blameless and has successfully completed a study of senior justice officials. Completed

College education by completing the Bachelor or master

study programme in the field of law at a university or successfully

completed study of senior officials from the public prosecutor's Office is replaced by

study of senior justice officials.



(2) a higher official of the prosecution service may be a citizen of the United

the Republic, which is unimpeachable, and successfully completed his studies in higher

officials of the public prosecutor's Office. A degree

by completing a Bachelor or master study programme in the

the field of law at a university or successfully completed the study of higher

Court officials replaced by senior officials of the State study

the Prosecutor's Office.



(3) for integrity, for the purposes of this Act does not consider the one who was

convicted for an offense committed by negligence for the conduct

performance-related work in the courts or the public prosecutor's Office or

for an offense committed deliberately, unless under a special

law or the decision of the President of the Republic considered as having

has not been convicted.



§ 3



Senior court official and a senior official of the public prosecutor is obliged to

to carry out their activities in accordance with the law and with the instructions

awarded the President of the Chamber or a judge (hereinafter referred to as "the President of the

the Senate ") or the Prosecutor.



TITLE II



THE RANGE OF ACTIVITIES OF SENIOR JUDICIAL OFFICERS



§ 4



(1) the Clerk shall perform the tasks of the Court within the framework of the

the Department, which was classified, on the basis of the schedule of work ^ 1).



(2) the work contour determines in which cases, the types of management and at what

the clerk of the Court activities performed individual acts on the basis of

credentials or no credentials President of the Senate, and that the President of the Senate is

authorized to grant credentials.



§ 5



The President of the Senate is authorized to put in writing to the Clerk to the higher

the instruction is to be effected. Credentials to perform an individual

the Act instructs the presiding judge and are for a higher court clerk

binding and President of the Chamber shall ensure that the operation is carried out properly and

in a timely manner.



§ 6



(1) the higher the clerk is excluded from the Act of the Court of

similar reasons that special law ^ 2) provides for the exclusion of a judge.

Once the higher court officer becomes aware of the facts, for that would

could be excluded, shall notify without delay to the President of the Senate. In the management of

may until the exclusion is decided to make just such operations,

that they can't be in delay.



(2) the exclusion of higher court clerk shall be decided by the President of the Senate;

against this decision, an appeal is not admissible.



(3) if it has been decided that the higher the clerk is excluded shall be determined by

Instead, the President of the Court of another senior judicial officer.



§ 7



The higher the clerk is required to refer the matter to the President of the Chamber,

If



and this is the thing), in law or in fact complex, or



(b)) should be performed the Act for which the clerk is not higher

authorized.



§ 8



President of the Chamber shall withdraw the matter to the clerk and shall execute the higher it in

custom scope, if this is the case in law or in fact complex.



§ 9



(1) against a decision issued by a higher court in the civil

court proceedings can be appealed against under the same conditions as the

decision of the President of the Senate. Brought on appeal, however,

shall submit to the President of the Chamber, who shall decide if it considers that he

has completely accepted. Decision of the President of the Senate shall be considered as decisions

Court of first instance, and can challenge the dismissal.



(2) against a decision issued by a higher court in the civil

judicial proceedings, administrative or judicial proceedings, which may not be

appeal, resistance or opposition according to the code of civil procedure, may

the appellant submit objections within 15 days from the date of receipt of the written

copy. In objections cannot apply new facts or evidence. About

These objections, President of the Chamber decides that the decision issued by the

a higher court without a hearing shall confirm or change. Against the

decision of the President of the Senate of the objections about the refusal of the opposition or of the

stopping the opposition proceedings, the appeal is not admissible. The Inbox

the decision of a higher court clerk, against which it is no longer possible

to file the opposition, is in the final. If it is not provided for in this Act

otherwise, the opposition proceedings shall apply to the provisions governing appeals

According to the code of civil procedure apply mutatis mutandis.



(3) against a decision issued by a higher court in criminal

control can be used to file a complaint under the conditions provided by law for the criminal

the management of the Court. If a complaint is made against a decision issued by the

the higher the clerk, she can completely meet the President of the Chamber.



§ 10



cancelled



§ 11



A higher court official in civil proceedings and in court proceedings

the administrative may, unless otherwise provided by special law to the contrary, to carry out any

acts of the Court of first instance, with the exception of



and conduct negotiations in) substance,



(b) decisions on the merits) in the form of the judgment,



(c) decisions on the merits) in the form of a resolution, in proceedings under the civil

Code of civil procedure, code of civil procedure and administrative law governing special

the management of the Court outside the decision making in the



1. the procedure for úschovách,



2. the procedure for the redemption of documents,



3. matters of paternity by an affirmative statement,



4. in proceedings concerning custody of minors and in court guardianship matters

people confined in incapacitation or persons for which incapacitation is

proceedings, persons, of which it is not known where they are staying, unknown people

and people whose health status is the difficulty in managing the assets

or defend the rights, in which it was ordered to conduct



5. in cases concerning the public registers of legal entities and natural persons and

Insolvency Register, which has not been ordered to conduct



d) deciding on interim measures,



e) deciding on the enforcement by the administration of the property,

the sale of immovable property, the business establishment or the establishment of a disability

a judicial lien,



f) deciding on the enforcement of wages,

commandments of the claim or the sale of movables in the proceedings in which

was ordered to conduct



g) deciding on the enforcement of the decision or of the appointment of

the executor and ordering execution for the recovery of monetary transactions, if the

enforcement writ or notarial deed including

deciding to stop the enforcement of a decision, if the application has not been filed

authorised or bailiff, or if it was against the proposal

an appeal,



h) deciding on the satisfaction of the rights of non-monetary transactions



I) deciding on the regulation of the enforcement of a decision on the custody of minor children with

the exception of maintenance,



j) issuing of a European enforcement order certificate



to have suspensory effect) deciding on action in administrative court proceedings,



l) things, where is the Act whereby a special law expressly entrusted to the judges,



m) deliberations and decisions in insolvency proceedings



1. the provisions of the insolvency administrator,



2. revocation of the insolvency administrator of the function,



3. exemption from the performance of the duties of the insolvency administrator,



4. cancellation of the resolution of the creditors ' meeting,



5. the provisions of the Provisional Committee of the creditor,



6. the decisions and measures taken in the implementation of enforcement

or execution in violation of the restrictions under the insolvency law,



7. proposal for a regulation of the injunction is to be limited to the right to

dispose of the debtor's estate,



8. the proposal for a moratorium,



9. the fact that the debtor is insolvent,



10. refusal of insolvency,



11. cancellation of the bankruptcy,



12. Declaration of bankruptcy and of its cancellation,



13. approval of the final report and the resolutions of the rozvrhového,



14. authorization for approval of reorganisation, restructuring plan and its


changes and on the conversion of reorganization in bankruptcy,



15. approval of debt relief and its changes, about the granting of the exemption from the payment of

the claims included in the debt relief and of the withdrawal of the exemption and

cancellation of debt relief,



16. termination of the operation of the debtor's business establishment,



17. the merits in incidental disputes,



n) handling the request of foreign, outside of the Slovak Republic.



§ 12



The higher the clerk in criminal proceedings may, subject to specific

law, to carry out all operations with the exception of the Court of first instance



and) decision-making and implementation of actions at the hearing of the Court in the main proceedings,

public sessions and private session,



(b) order) issue of the arrest warrant, an order for the withdrawal of the case,

the search warrant, search warrant other premises and

land, personal inspection, interception and recording

telecommunications equipment, command to determine the data on

the telecommunications operation, release the shipment regulation, regulation of confusion

the contents of the consignment,



(c)) decision regarding the securing of funds on an account with the Bank on the account

for savings and credit cooperatives or other entities that lead

account for another, blocking of funds, supplementary pension schemes

with State support, drawing on the financial loan, block block

financial leasing and provision of book entry securities,



(d)) in the case of legal contact with foreign countries,



(e) the grant of approval to President) of the Senate law enforcement authorities

control to perform acts pursuant to the criminal procedure code,



f) acts, the judge in preliminary proceedings.



section 13 of the



President of the Chamber may reserve the actions referred to in articles 11 and 12.



§ 14



The higher the clerk is entitled in the context of the code of civil

management, administrative, and judicial proceedings with the criminal proceedings



and to issue official confirmation of) facts known from the file



(b)), in consideration of statistical sheets, and to perform other work in the field of

Statistics,



(c) official copies) issue statements or certificate of incorporation,

of the insolvency register, from the register of non-profit companies

of the register and the register of the owners of the units,



(d)) to handle questions and comments of the parties, their representatives,

advocates and other persons relating to the conduct of proceedings in each

matters.



TITLE III



THE SCOPE OF THE ACTIVITIES OF SENIOR OFFICIALS FROM THE PUBLIC PROSECUTOR'S OFFICE



§ 15



A senior official of the public prosecutor carries out acts of State

the Prosecutor's Office and the Prosecutor on the basis of a mandate issued by the

the head of the public prosecutor or by the Prosecutor.



section 16 of the



(1) the Prosecutor may official public prosecutor's Office

to entrust the



and the remuneration and decision-making) reimbursement of cash expenses and advocate

designated agent



(b)) ruling on the svědečném, znalečném, tlumočném and refunds,



c) preparing for the decision on conditional cessation of criminal

prosecution or settlement,



(d) the design of the written copy) by processing the decision on conditional

stopping criminal prosecution or settlement,



(e) the drawing up of administration the public prosecutor) including proposals



(f) the preparation of documents for the decision) for a certificate of the accused in the trial

laid down in the decision on conditional cessation of its criminal

proceedings, including the basis for the decision on the fact that the accused

races, and for the decision to keep the conditional stop

the prosecution in effect, and the processing of written proposal

a copy of this decision,



g) preparing for the decision on conditional postponement of the proposal on

punishment and the processing of proposal written decision,



h) preparing for the decision on the certificate of the suspect in the

trial period laid down in the decision on conditional postponement of the submission of the

proposal for punishment, including the basis for the decision about the

the suspect has been a failure, and for the decision to keep the conditional postponement of the

submission of the proposal for punishment in force, and processing the written proposal

a copy of this decision,



I) decision to return and release things important for the criminal proceedings after

the decision on the merits,



j) indicate the legal decision.



(2) a senior official of the public prosecutor may also be entrusted with the

by the performance of these operations, which does not act on the rights and

responsibilities of the persons



and request in the simple things),



(b) delivery of decisions and other) official documents of the State

the prosecution service to persons in custody or serving a prison sentence,



(c) the drafting of a Protocol on the submitted) an explanation including drafting

criminal notice



(d) participation in the visits of the accused) in custody,



(e)) by checking the correspondence of accused persons,



f) inspection of the files of the Court and requiring their lease,



g) require the lease documents, documents and explanations from the authorities

public administration, local and regional authorities and other persons to submit a

explanation or lend to the writings and papers at the public prosecutor's Office

the exercise of its competence,



h) ensuring the other supporting documents for the performance of the activities of the public prosecutor.



§ 17



(1) a senior official of the public prosecutor is authorized to make

the statistical sheets, and to perform other work in the field of statistics.



(2) if the State Prosecutor to check compliance under section 15 of the official State

the Prosecutor's Office by making an individual act, is authorized to give him

instruction in writing, how the operation is carried out. Credentials to perform

the individual act is for a higher official of the public prosecutor's Office

binding and the Prosecutor shall ensure that the operation is carried out correctly

and in a timely manner. The credentials may be determined by how an individual act, so as to more

acts of the same type if they have repetitive nature.



section 18



(1) a higher official of the public prosecutor's Office is excluded from the Act

the Prosecutor's Office for similar reasons, that a special law

provides for the exclusion of the public prosecutor. Once a senior official

the public prosecutor becomes aware of facts, which could be

excluded, it shall immediately notify the public prosecutor. In the proceedings may, within

the time on the exclusion decided to make only those acts which

they can't be in delay.



(2) on the exclusion of official public prosecutor's Office decides

the head of the public prosecutor or by the Prosecutor; against this

decision the appeal is not admissible.



(3) if it is decided that a senior official of the public prosecutor

is excluded shall be determined by the head of State instead of another representative of a higher

official of the public prosecutor's Office.



§ 19



A senior official of the public prosecutor is obliged to submit the matter to the State

Representative, if



and this is the thing), in law or in fact complex, or



(b)) should be performed the Act for which the senior official of the State is not

the Prosecutor's Office shall be entitled to.



section 20



The competent prosecutor clears the credentials to perform the Act in higher

official of the public prosecutor's Office, and performs it in a custom scope,

If this is the case, in law or in fact complex.



section 21



Against a decision issued by a senior officer of the public prosecutor's Office can be

to file a complaint under the same conditions as against a decision of the State

representative. If a complaint is made against a decision issued by a higher

an official of the public prosecutor's Office, she can completely meet the Prosecutor

the same public prosecutor's Office, touch-to change the original

the resolution of the rights of the other parties to the criminal proceedings.



TITLE IV



STUDY OF SENIOR JUDICIAL OFFICERS AND SENIOR OFFICIALS OF THE STATE

The PROSECUTOR'S OFFICE



section 22



Study of senior judicial officers and senior officials of the State study

the Prosecutor's Office shall organise the Ministry of Justice.



Article 23 of the



(1) the study of senior judicial officers and senior officials of the State

the Prosecutor's Office of the Judicial Academy takes at least 18 months and includes

teaching organised in the form of face-to-face teaching concentration in

the total length of at least 120 days. The study is terminated by a final exam.



(2) to study the higher judicial officers and senior officials of the State

the Prosecutor's Office may be accepted by the candidate, who has a secondary education with

GCSE and was recommended by the President of the Court to study or

the head of the public prosecutor.



(3) the participant studies senior judicial officers must be all the time

the study enrolled employee to work at the Court at the workstation

of the court clerk. Senior officials of the State party to study

the Prosecutor's Office must be at all times an employee entered the Studio

work with the State Prosecutor's Office. At the date of termination of

the ratio of the participant of study pursuant to the first sentence or the other will also end his

study.



(4) the Ministry of Justice, after consultation with the Judicial Academy releases

study of procedure, which specifies, in particular, the content and scope of the study of higher

Court officials and study of senior officials of the public prosecutor,


other conditions of acceptance for study and the content and organisation of the final

tests, and ongoing trials.



(5) a person who has successfully completed a study of the senior judicial officers or

the study of senior officials from the public prosecutor's Office, the Ministry shall issue

of Justice certificate of outcome studies.



section 24



(1) a participant in the study of senior officials of the public prosecutor may

to perform the tasks of the public prosecutor and the Prosecutor, which

do not consist in the decision, to the same extent as the senior official

the Prosecutor's Office.



(2) the provisions of the third part of the first head, shall apply mutatis mutandis, with the

participant in the study of senior officials of the public prosecutor may conduct

acts only on the basis of a written order of the public prosecutor, as it should be

operation is carried out.



§ 25



(1) participation in study of senior judicial officers or senior officials

the Prosecutor's Office is raising the qualifications under the labour code.



(2) the participant studies senior judicial officers and the participant studies of higher

officials of the public prosecutor's Office has for participation in a heartbeat

teaching of concentration and the final test of the right to free

accommodation in accommodation facilities of the Judicial Academy and the post

the employer's food in an amount that is provided by others

employees entered to work in court or in a State

the Prosecutor's Office, which has enlisted to work in the employment relationship.



TITLE V OF THE



REPEAL, TRANSITIONAL AND



section 26



(1) until 31 December 2006. December 2012 may be shortened to the study of higher

judicial officers recruited employees of the courts, who have at least a full

secondary education ended with GCSE, acquired at least three years

continuous practice as legal secretaries were to study to be referred

the competent Chairman of the County Court or the High Court or the Chairman of the

The Supreme Court or the President of the Supreme Administrative Court and successfully

have passed the entrance exam.



(2) a Short study of senior judicial officers includes the theoretical

the study of the period of 12 months, which consists of 10 weekly study

concentration and individual studios and culminating in a final exam

the same content and extent as the final exam in accordance with § 23 para. 3.



(3) a Short study of senior judicial officers, it is equivalent to the study

under section 23.



(4) participation in the study of concentration according to paragraph 2 is an obstacle in the

work, which belongs to the employee compensation in the amount of the average

earnings.



(5) for the short study of senior judicial officers under paragraph

2 the employee is entitled to time off work in the range of 2 working days

before each weekly study focus and 10 working days prior to the

final exam. For the period of leave shall belong to the employee

compensation in the amount of average earnings.



section 27 of the



cancelled



section 28



Shall be repealed:



1. Act No. 191/1994 Coll. on higher court officials.



2. Article. (IV) the Act No. 152/1995 Coll., amending and supplementing Act No.

140/1961 Coll., the criminal act, as amended, law No.

141/1961 Coll., on criminal court proceedings (code of criminal procedure), as amended by

amended, the Czech National Council Act No. 283/1991 Coll., on the

Police of the Czech Republic, as amended, law No.

191/1994 Coll. on higher court officials, and Act No. 59/1965 Coll. on

imprisonment, as amended.



3. Law No 62/1999 Coll., amending Act No. 191/1994 Coll. on

senior judicial officials, as amended by Act No. 152/1995 Coll.



4. Part nine of Act No. 192/2003 Coll., amending Act No. 6/2002

Coll., on courts, judges, lay judges and the State administration of courts and amending

some other laws (the law on the courts and Judges Act), as amended by

amended, Act No. 283/1993 Coll., on the public prosecutor's Office,

as amended, and certain other laws.



5. Part three of the Act No. 216/2005 Coll., amending Act No. 513/1991

Coll., the commercial code, as amended, Act No. 99/1963

Coll., the civil procedure code, as amended, law No.

191/1994 Coll. on higher court officials, as amended

regulations, and Act No. 357/1992 Coll., on the notarial profession and their activities

(the notarial regulations), as amended.



6. Part of the thirty-seventh law No. 296/2007 Coll., amending Act No.

182/2006 Coll., on bankruptcy and the ways of its solution (insolvency law), in

as amended, and certain laws in connection with its

the adoption.



PART TWO



Amendment of the Act on the public prosecutor's Office



section 29



Act No. 283/1993 Coll., on the public prosecutor's Office, as amended by Act No.

261/1994 Coll., Act No. 201/1997 Coll., Act No. 169/1999 Coll., Act No.

11/2001 Coll., Act No. 14/2002 Coll., Act No. 151/2002 Coll., Act No.

310/2002 Coll., Act No. 192/2003 Coll., Act No. 631/2004 Coll., Act No.

381/2005 Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll. and Act No.

342/2006, is amended as follows:



1. In article 3, paragraph 3. 1, the word "only" is deleted.



2. In article 3, after paragraph 1, insert a new paragraph (2), including notes

footnote 1:



"(2) to the extent and under the conditions laid down by special legal regulation ^ 1)

in the implementation of operations in the scope of the public prosecutor's Office may

to participate in the senior officials of the prosecution service (hereinafter referred to as "higher

the clerk "), assistants to the prosecutors and legal candidates.



1) Law No. 121/2008 Coll., on higher court officials and higher

officials of the public prosecutor and amending related laws. ".



The former paragraph 2 becomes paragraph 3. The existing notes

footnote 1 to 8 shall be renumbered as footnote 2 to 9, and it

including links to footnotes.



3. In article 12e para. 1, after the words "representatives of", the words "and higher

officials ".



4. In section 13d (b). a) and section 16b, para. 1, after the word "representatives"

the words "senior officials".



5. In section 13d (b). (j)) after the word "education", the words "higher

officials and ".



6. In section 13e (b). (d)), section 13f of para. 1 (b). (d)) and § 13 g of paragraph 1. 1 (b). (f))

After the word "representatives", the words "and senior officials".



7. in section 16b, para. 2 first sentence, after the words "employees of the State

the Prosecutor's Office ", the words" or a higher official ".



8. The title of part nine: "PROSECUTORS and legal ASSISTANTS

CANDIDATES ".



9. under the heading section of the tenth section 32a is inserted, which including title

added:



"section 32a



Prosecutors ' assistants



(1) the Supreme State Prosecutor, the Deputy Director and the Director of the Department of

The Supreme State Prosecutor's Office, which is a public representative, is

appointed at least one Assistant. The Assistant may be appointed to another

the public prosecutor.



(2) the Assistant Public Prosecutor, referred to in paragraph 1, first sentence

appoints and dismisses the Attorney General on the proposal of the public prosecutor,

the Assistant is. Another Assistant Prosecutor shall be appointed by

and dismisses the head of the public prosecutor of the competent public prosecutor's Office

on the proposal of the public prosecutor, whose Assistant is. Function

the Assistant shall be deemed cancelled, termination of the functions of the competent

the public prosecutor.



(3) an Assistant may be appointed as the upstanding citizen that has

higher education in master's degree programme in law.

The condition of integrity does not meet one who was convicted for

the crime, if it does not look as if he was not sentenced.



(4) Assistant is obliged to maintain the confidentiality of the matters about which the

in connection with the performance of his duties, even after the end of the function.

This obligation it may relieve the Prosecutor General.



(5) the scope of legal trainee Assistant exercises and other individual

acts of the Prosecutor on behalf of the Attorney General.



(6) the employment is created by the appointment of Assistant and is governed by the code of

work, unless this Act provides otherwise. ".



10. In § 33 para. 2 the first sentence, after the words "judge"

the words, "Assistant State Attorney".



11. In article 34, the following paragraph 9 is added:



"(9) If a consent to executing final exam Assistant

the State representative who meets the prerequisites for the exercise of the functions of the State

a representative with the exception of the final exam, the consent to the appointment of a

Representative and the allocation of a particular public prosecutor's Office will allow him to

to do the final exam within 3 months of receipt of the request. If so requested by

Assistant that he failed in the final test, its repetition, will allow

repeat it to him within 6 months of receipt of the request. If failed

When you repeated the test, he may not submit a new application for exam

before the expiry of 5 years from the date of the repeated test. ".



12. in section 34a at the end of the text, the words "and senior officials".



PART THREE



Amendment of the Act on criminal proceedings by



section 30



In Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in


amended by Act No. 59/1965 Coll., Act No. 58/1969 Coll., Act No. 149/1969

Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980

Coll., Act No. 159/1989 Coll., Act No. 175/1990 Coll., Act No. 303/1990

Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993

Coll., Act No. 293/1993 Coll., Act No. 154/1994 Coll., constitutional

the Court declared under no. 214/1994 Coll., Constitutional Court

declared under the No. 8/1995 Coll., Act No. 152/1995 Coll., Act No.

150/1997 Coll., Act No. 209/1997 Coll., Act No. 148/1998 Coll., Act No.

166/1998 Coll., Act No. 191/1999 Coll., Act No. 29/2000 Coll., Act No.

30/2000 Coll., Act No. 227/2000 Coll., the Constitutional Court declared

under Act No. 77/2001 Coll., Act No. 143/2001 Coll., Act No. 265/2001 Coll.

Constitutional Court declared under no. 424/2001 Coll., Act No.

200/2002 Coll., Act No. 227/2002 Coll., Act No. 320/2002 Coll., Act No.

218/2003 Coll., Act No. 279/2003 Coll., Act No. 235/2004 Coll., Act No.

257/2004 Coll., Act No. 283/2004 Coll., Act No. 539/2004 Coll., Act No.

587/2004 Coll., Constitutional Court declared under no. 45/2005 Coll.

Constitutional Court declared under no 239/2005 Coll., Act No.

394/2005 Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll., Act No.

112/2006 Coll., Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No.

165/2006 Coll., Act No. 253/2006 Coll., Act No. 321/2006 Coll., Act No.

170/2007 Coll., Act No. 179/2007 Coll. and Act No. 345/2007 Coll., section

the following new section 468a 468, including footnote # 9 is added:



"section 468a



Simple decisions and operations entrusted to the public prosecutor may, in the range of

and under the conditions laid down by special law ^ 9) issue, implement and

do in relation to the relevant administrative measures, higher

an official of the public prosecutor's Office. Under the conditions laid down by law may

do individual jobs Assistant Prosecutor.



9) Act No. 121/2008 Coll., on higher court officials and higher

officials of the public prosecutor and amending related laws. ".



PART FOUR



Amendment of the labour code



section 31



In § 5 para. 5 of Act No. 262/2006 SB., labour code, as amended by Act No.

362/2007 Coll., the words ' assistants of judges ^ 4 d), the words

"prosecutors ' assistants ^ 4e),".



Footnote # 4e:



"4e) section 32a of the Act No. 283/1993 Coll., on the public prosecutor's Office, as amended by

Act No. 121/2008 Coll. ".



PART FIVE



The EFFECTIVENESS of the



§ 32



This Act shall take effect on 1 January 2000. July 1, 2008.



Vaidya in the r.



Klaus r.



Topolanek in r.



Selected provisions of the novel



Article. XXXIII of the law No 396/2009 Sb.



Transitional provisions



1. the provisions of section 10, paragraph 1. 1 (b). j) Act No. 121/2008 Coll., as amended by

effective until the date of entry into force of this Act, shall apply in the context of

with enforcement proceedings maintained pursuant to part II of the article. IV, point 1.



2. If after the date of entry into force of this law enforcement

writ under section 78 (a). and) Act No. 120/2001 Coll., as amended by

effective until the date of entry into force of this Act, a higher court cannot

the official to decide on enforcement for the recovery of monetary

or to stop the enforcement of a decision, if the application has not been filed

authorised or executor, or if it was against the proposal submitted

the appeal.



Article. (II) Act No. 165/Sb.



Transitional provision



To the participants in the study who were recruited to the study prior to the date of acquisition

the effectiveness of this law, subject to the provisions of part one of the head

the fourth and fifth heads of Act No. 121/2008 Coll., on higher court

officials and senior officials of the public prosecutor and amending

related laws, in the version in force until the date of entry into force of this

the law.



1) § 40 et seq. Act No. 6/2002 Coll., on courts, judges, lay judges

and the State administration of courts and amending some other acts (the Act on

courts and Judges Act), as amended by Act No. 192/2003 Coll.



2) section 10 of Act No. 7/2002 Coll., on proceedings in cases of judges and public

representatives.



Act No. 99/1963 Coll., the civil procedure code, as amended

regulations.



Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

as amended.



Act No. 150/2002 Coll., the administrative court rules, as amended

regulations.