279/2003 Coll.
LAW
of 7 June. August 2003
about the performance of the property and things in criminal proceedings and on the amendment of certain
the laws of the
Change: 113/2006 Sb.
Change: 253/2006 Coll.
Change: 112/2006 Sb.
Change: 218/2009 Sb.
Change: 420/2011 Sb.
Change: 193/2012 Sb.
Modified: 18/2012 Sb.
Change: 86/2015 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
THE PERFORMANCE OF THE DECISION REGARDING THE SECURING OF ASSETS AND MANAGEMENT OF SECURED ASSETS AND
THINGS
TITLE I OF THE
GENERAL PROVISIONS
§ 1
the title launched
(1) This Act provides the procedure for the enforcement of collateral
property or its designated section for the purposes of enforcement of the sentence or satisfaction
the claim of the injured party in criminal proceedings and in the management of such assets,
as well as in the management of affairs and substitute the values issued, withdrawn or
otherwise secured in criminal proceedings (hereinafter referred to as "property").
(2) pursuant to this Act shall be followed even when the enforcement of the
collateral assets, issued in the context of international judicial cooperation in
criminal matters for the purposes referred to in paragraph 1 and in the management of the assets
secured under the law on international judicial cooperation in matters
criminal.
(3) under this Act is not progress in the management of affairs of the authority
law enforcement took into custody for the purpose of the taking of evidence.
(4) for the purposes of Administration of this law means (i) the sale.
(5) the filing of the indictment, the proposal on the approval of the agreement on guilt and punishment,
proposal for punishment, the proposal to prevent things or a proposal to prevent the
the replacement value according to the criminal procedure code, responsibility for managing
the secured assets to the Court. The Prosecutor shall transmit, together with the indictment,
or the proposal referred to in the first sentence of the Court all documents of the action
made in the management of secured assets in the preparatory proceedings.
(6) the provisions of this law on the procedure of the Court shall apply mutatis mutandis to the procedure used
the State Prosecutor. The provisions of this law on the procedure of the Court in the administration of
the secured assets also applied mutatis mutandis to the procedure of the police authority,
to ensure that assets held, called for the release of the case or issued
command to the withdrawal of the case by the criminal procedure code; before the decision on the sale of
the secured assets is obliged to inform the police authority of the State
the representative of the fact that the property to be sold, with the exception of the case when
the thing is to be sold to the perishable. Of the action, the Governing
interferes with the fundamental rights and freedoms and which according to the code of criminal procedure
in preliminary proceedings, the judge shall act under this Act,
the judge on the proposal of the State Prosecutor.
(7) the provisions of this Act, in which she talks about the accused, shall apply mutatis mutandis
i used on another person, which was secured by assets of criminal procedure.
(8) unless otherwise provided in this Act, the Court shall proceed in the performance
the decision to ensure the assets and in the management of the secured assets by
the criminal procedure code.
TITLE II
ENFORCEMENT OF COLLATERAL PROPERTY
the title launched
§ 2
General measures
(1) the Court which decided on the property ("collateral"),
will do all acts necessary for the performance of such a decision, even before the
the acquisition of its legal power.
(2) the Court which decided on the collateral, it shall inform the person of this decision
and the authorities, for which he is known to have an option to purchase zajištěnému assets
or other right or lead management, in which the limited performance rights
secured property. It was to ensure the right of property, the Court
the resolution also delivers the collateral to the debtor of the accused, and saves it to
the corresponding implementation gave into his custody or to other designated by it
instead. The composition of the subject of performance into custody or other designated place
the debtor his pledge in the range of the provided implementation.
(3) the Court that ruled on the collateral of this fact without delay,
inform the authority, which, under the specific legislation keeps records
the property, which has been secured, and at the same time it prompts that, if it finds
the property, which has been secured, shall be treated, that threatens to thwart
or make it difficult for the purpose of ensuring, he immediately announced.
If according to the Land Registry Act filed for the registration of rights to
real estate in the land register on the basis of legal acts, which
the accused are treated with real estate, before issuing a resolution on its collateral
and yet was decided by the competent authority,
brought on its legal effect at the date of the entry into force of the resolution on the
secure it.
(4) where the transfer or to establish rights to zajištěnému assets necessary
write to the registers kept under special legislation, can be
the notification referred to in paragraph 3 carried out such registration only with the
the prior consent of the Court which decided on the collateral; in the case of registration
the rights to the property in the land register secured by
the land law, consent is only required if the
registration is carried out on the basis of the rule of conduct which the accused shall be treated with
real estate.
§ 3
The exclusion of things
(1) the enforcement of the decision to ensure things are excluded in the ownership
the accused, which are necessary to meet the needs of living
the accused and his family or to the performance of its tasks, as well as
other things, the sale of which would be contrary to accepted principles of morality; excluded
they are, in particular,
and normal clothing, components)
(b)) the usual household items
(c)) wedding ring, and items of a similar nature,
(d) medical supplies and other) things that the accused needs due
to their disease or physical defect,
(e) the amount of cash) to double the subsistence level established by the
special legislation on the person of the accused,
f) animals for which the economic effect is not the main purpose of breeding and that
use the accused as his companion.
(2) the enforcement of a decision regarding the securing of cash benefits are excluded
for persons with disabilities and care allowance, benefits assistance
material need and benefits of State social support, housing and
a lump sum paid by the State social support benefits and foster care,
and further to the above the basic amount, which may not be deducted from monthly wages
in the performance of the decision according to the code of civil procedure,
and the claims of the accused on the payment), the rewards of employment
or the like relation pracovněprávnímu relation,
(b) the payment of the claims of the accused) of maintenance,
(c) the payment of benefits) and pension and sickness insurance
(d) State social assistance benefits) and foster care, that are not
paid in a lump sum.
(3) the enforcement of a decision regarding the securing of assets for the purposes of satisfying the claim
the injured party in accordance with the criminal procedure code are excluded also the other things
not subject to enforcement under the code of civil
of the order.
§ 4
The exclusion of things on a proposal from the person concerned
(1) the Court shall decide, on a proposal from the accused or the person on whose food and
the accused is obliged to take care of education, whether the provision excludes the other
things that were excluded under section 3 (3). 1.
(2) On the proposal of the person who claims ownership to things that
have been secured, the Court shall decide on the exclusion of such things,
If it does not detect the fact that the soundness of such a proposal would seriously
they questioned. If this does not prevent important reasons, the Court will decide on the proposal
to exclude things from the collateral within 10 days from the date of its delivery.
(3) Against the resolution referred to in paragraphs 1 and 2 shall be admissible, a complaint that has
suspensory effect.
§ 5
The survey of the assets subject to ensure
(1) to determine the extent, content, and location of the assets of the accused, the Court may
listen to the accused or another person who is in control of the position of the
witness. Before the start of the hearing of the accused or another person, the Court shall instruct the
of their rights, including the right to refuse to testify.
(2) the Court of the accused or another person invited in a declaration of assets
stated, in particular,
and the rewards from the payer) of the employment relationship or the relationship of the like relation
pracovněprávnímu and the amount of this remuneration,
(b)) of the Constitution, for which the money has accused accounts, their numbers and the amount of
funds kept by them,
c) borrowers, which has accused the claims, their amount and the time limit
maturity,
d) movables and real estate in the ownership or the co-ownership
the accused and where they are located,
(e) other proprietary rights of the accused).
(3) on the Declaration of assets, the court draws up a Protocol, whose annex is
the list of assets presented by the accused or another person.
(4) the Court shall invite the accused or another person to a new Declaration on the
assets, if it finds that the property of the accused.
§ 6
Detection of movable assets
(1) the Court is entitled to determine the movable for the purposes of the performance of
the decision to provide the required personal examination of the accused and the
the apartment or other premises used for housing or space to them
belonging (hereinafter referred to as "the dwelling"), and other space and land, where it can be
assume that the accused has his property; These inspection authority executes,
that is ordered, or a police authority.
(2) the accused is obliged to make available to the authority the performing tour
all the places where his movables are situated. If this obligation
fails, is the one who performs the inspection, authorised to ordain into these
points of access.
(3) each, in which the object is located dwellings, other premises and land
the accused, or in which the object is located in the property of the accused, the case
the implementing body is obliged to explore this space available. If
to fulfil this obligation, is the one who performs the inspection, shall be entitled to make
access to these sites.
(4) the person who performs the inspection referred to in paragraphs 1 to 3, draws up a movable
things, which ensure the concerns, and if they are not found in the movable
the tour mentioned in the decision regarding the securing of assets, will fill those
not under this Act, of hedging are excluded.
(5) If the accused has the right to release or delivery of movable property,
shall transfer these things or on the instruction of the Court, who is responsible for
the Administration secured assets.
(6) every person who has movable assets of the accused is then, what
a decision regarding the securing of property, shall, without delay, about
notify the Court or the one who has been entrusted with the administration of the secured assets.
(7) the person who performs the inspection referred to in paragraphs 1 to 3, pick up by
the possibility to perform an inventory of movable property view of the person,
as a rule, the representative authority of the municipality.
(8) the Court shall inform that movable were included in the inventory,
the accused and his or her spouse, where applicable, the person close to the accused.
(9) there is a danger that the individual identified over things
higher values or their file will be treated so that it can be
thwarted as a result of collateral, or the Court shall invite the guy who has such a thing
or file such things for themselves, for their release or decide to
their withdrawal in accordance with the criminal procedure code.
(10) the Court delivers a final resolution on ensuring persons, of which he is
known to have an option or other right things, and display them on the official
Board of the Court.
section 7 of the
The survey of securities, dematerialised securities, cash
resources and other intangible things
(1) book-entry securities court draws up when they learn that these
book-entry securities are registered in the appropriate for the accused
registration in accordance with the specific legislation; in case of need or in
doubts will require a report from the authority, or a person authorized to conduct
such a register. After writing a book-entry securities Court authority
or the person authorized to conduct the relevant registration under special
the legislation, which shall notify the dematerialised securities of the accused were
drawn up together with the date of their drafting and issue the command to ensure the right to dispose of the
the written book-entry securities.
(2) If during the procedure under this Act, foreign money, found
other foreign exchange value or a higher amount of money than in Czech Crowns
that is excluded from the collateral, shall lodge to the custody of the Court.
(3) a passbook, certificate of deposit and other forms of deposits, shares, bills of Exchange,
cheques or other securities or any other instruments, whose submission is
need to apply a law sepíší as other things
under this Act, and shall lodge to the custody of the Court.
(4) if the operator leaves the shares, bills of Exchange, cheques or other securities
or other instrument which is necessary for the application of a particular
the law, according to their nature, the Court shall invite the guy who has to fulfil in order to
the corresponding implementation gave the Court or any other court of the designated place;
the provisions of section 2 (2). 2 third sentence shall apply mutatis mutandis.
(5) if the funds on the account, securities, dematerialised
Securities and other intangible things properly to ensure in accordance with paragraphs 1 to
4, the Court shall provide in accordance with the criminal procedure code
§ 8
The survey of real estate
(1) when the Court finds that the accused is the owner of the property, the
to cover or covered by collateral, verifies this fact in
the land register through remote access. A copy of the resolution
to ensure the Court shall send to the competent to the cadastral Office, and if it is not
clear from the resolution, shall notify his name, last name, social security number, or date
birth and permanent or other residence, or if it is a legal person, its
name, registered office and identification number of the person of the accused and, if collateral
does not affect all the property of the accused, the property, which
collateral concerns.
(2) the Court, if necessary, carry out inspection of property and its
Accessories; about the time and place of inspection shall notify the accused or person,
It lives in a common household, and also the person that is known,
that has the rights to the property. The accused or the person living with him in a common
households, and the person that is known, that has the rights to the property,
are required to explore the property and its accessories.
(3) the Court shall ensure the resolution of the real estate tax office and
the local authority in whose area the property is located, secured, and
the resolution of the display on the notice board of the Court. On the entry into force of this
the resolution of the Court shall inform the competent land registry office.
TITLE III
MANAGEMENT OF SECURED ASSETS
§ 8a
The purpose of the management and accountability of the administrator
(1) the assets secured in criminal proceedings is managed in accordance with this
the law, if it is legally required to act or do the necessary operations to
There was no reason to reduce the value of the secured assets or to his
reduce, where appropriate, to make things work as expected.
(2) for the purpose of administration shall be exercised by the administrator to the extent necessary
the rights and obligations associated with the secured property, whose performance he
He admits this law, or the pursuit of which the accused was prohibited by the Court.
The administrator carries out individual rights and obligations according to the nature of the secured
assets and rights associated with it in accordance with this Act and the specific
laws and regulations and in accordance with the mandate or contract administration;
While progressing properly and conscientiously.
(3) unless otherwise provided by special laws, the administrator is responsible for the
damage caused by him in the performance of the administration or the people that used to
performance of its tasks, it was caused in connection with the performance of
This activity; This responsibility shall be exempt, if they prove that detriment
It could not be prevented even when expending all efforts which can be
It may require.
(4) the administrator is required to have for the performance of the administration of the concluded contract
liability insurance for damage or other injury that could
arise in connection with the performance of the Administration; This does not apply if a
the activities of the State in accordance with the Act on liability for damage caused during
the exercise of public power by a decision or incorrect official procedure.
The contract shall cover the responsibility of the administrators for the damage, which is caused by
his act or omission in the performance of functions of the Manager or in
connection with or act or omission of his servants in the
the performance of its functions, if the Act or omission occurred in the duration of the
the insurance. This contract is obliged to close the administrator not later than 5 days
After he was charged with the administration or the contract has been negotiated with him about managing,
and immediately after its conclusion to demonstrate this fact, who
commissioned performance of the Administration, or the Treaty arranged on the administration.
(5) the Limit of indemnity the agreed in the contract of insurance
the liability referred to in paragraph 4 must be at least 1 0000 0000 Czk for
single insured event; for the administrator, on the basis of guaranteed rights
to the share performs the function of a member of the statutory body in business
the Corporation, whose total annual net turnover according to the Act on accounting for
the last financial year preceding the administration of credentials had reached at least
the amount of Czk 100 0000 0000, or which employs at least 100 employees in
employment, must be the limit of indemnity of at least 10 000
USD for a single insured event.
§ 9
The administrator of the secured assets
(1) if not stated otherwise, according to the nature and extent of the things and rights,
that make up the secured assets, carries out its management for ensuring the
either the Court of first instance decided to hedge or
switched affiliation to manage according to § 1 (1). 5, or on the basis of its
the credentials of the
and the territorial Office for workplace) representation of the State in matters of property,
or
(b)) the court bailiff,
in which the secured property is located; If the secured
property is located in the districts of two or more of the territorial departments of the Office for
the Government representation in property Affairs or of two or more territorial
workplaces of bailiffs, the Court may entrust the performance of the administration of each of the
These centers.
(2) if the rights associated with a share in a business corporation,
to allow you to participate in the management of the business of the Corporation, and if necessary
manage the share in business Corporation (hereinafter referred to as "management
share "), the Court referred to in paragraph 1 shall entrust the administration of the share of a person
registered in the list of insolvency administrators, which was given a special
authorisation in accordance with the law on the insolvency administrators; If you cannot, as follows
to proceed, the task the Administration share the other insolvency administrator. If
special law binds the ownership of the share, or the performance of functions
the statutory authority in a business corporation to meet certain specific
conditions, these conditions may not be the administrator share are met; However, if the
one of the insolvency administrators meet these conditions, the Court
appoint an administrator of the share as a priority. Insolvency administrator credentials can
to manage share refuse only for important reasons, which shall examine the Court
referred to in paragraph 1. The Court referred to in paragraph 1 nepověří administration share
the insolvency administrator, if it has reasonable doubts as to its
disinterestedness.
(3) the management of secured
and) things about which there is reasonable suspicion that they have been obtained in the context of the
the violation of the customs rules or legislation governing the management of the
excise duties, shall be exercised by the Directorate-General of customs duties,
(b)) radioactive waste and ionizing radiation sources shall be exercised by the Administration
storage of radioactive waste,
c) specimens of plants and animals, furs and fur products from
seals and other individuals protected under the law on trafficking in
endangered species and individuals particularly protected species of plants and animals
and wild birds protected under the law on the protection of nature and the
landscape carries the Czech environmental inspection,
(d)) of weapons, ammunition, ammunition and explosives, drugs and precursors,
including facilities for their manufacture, preparations containing addictive substances
and other hazardous substances shall be exercised by the county police headquarters, in
the territorial jurisdiction of the Court is situated, who leads the criminal proceedings.
(4) if the person who is referred to in paragraph 1 the management of secured assets
exercise, to ensure the performance of the Administration itself, ensure it according to the nature of the
the secured assets
and) based on the credentials through the State or organizational folder
State organization competent to manage a particular property of the State, or
(b)) on the basis of the Treaty by other persons doing business in certain
area or sufficiently competent for the performance of the administration of the
property, and under the agreed consideration, where appropriate, free of charge.
(5) the content of the Treaty referred to in paragraph 4 (b). (b)) must be the arrangement of the
liability for damage to property acquired at the time of the performance
his administration, otherwise the contract is invalid. The contract may be concluded for
the performance component of the legal act or an act associated with the secured
the property. If the subject of the Treaty, consisting in the sale of management performance
the secured assets, must also be arrangements about how the determination of the purchase
prices and on sale. Remuneration for the performance of the management shall be borne by the Court of
the funds of the State budget.
(6) the Office of the Government representation in property Affairs or judicial
the bailiff shall promptly inform the Court referred to in paragraph 1 of the procedure referred to in
paragraph 4 (b). and); secured property can pass to manage Contracting
the Administrator referred to in paragraph 4 (b). (b)) only with the prior consent of the
of the Court.
(7) the administrative credentials of the secured assets is a measure which must have
written form and contain, in particular, the indication of the authority that the credentials
the designation of a delegated administrator, and defining the rights and obligations
associated with the performance of the administration. In the mandate or in the attached schedules is
due and look to identify the secured assets, which
mandate concerns. The credentials may be issued for the performance of the incremental legal
Act or an act associated with the secured assets. Credentials are
issued to manage the assets referred to in paragraph 3. The authority referred to in
paragraph 1 may at any time cancel the credentials in writing and subject to the conditions
provided for in this law, to entrust a different administrator, conclude a contract of
manage, or secure assets to manage itself.
(8) for administrative credentials for secured assets referred to in paragraph 1 (b). (b))
and paragraph 2 shall inform the person to whom the property was ensured; about credentials
the management share shall inform also the business of the Corporation. On the abolition of
credentials, the credentials of another administrator, and on the conclusion of the contract management
shall inform the persons who were informed about the administrative credentials of the secured
the assets referred to in the first sentence.
§ 10
The rights and obligations of the administrator
(1) the administrator is required to legally Act in order to prevent a reduction in
the value of the secured assets or reduction, in particular
and apply in a timely manner) the claim for damages and restitution
unjust enrichment,
(b)) to monitor whether the debtors on time and properly fulfils its obligations to the
zajištěnému property, in time to apply and enforce the law, which otherwise
the responsibility of the owner or the owner of the secured assets or other
the person entitled to dispose of the assets, and prevent prescription or demise
These rights,
(c)) to invoke the invalidity of legal acts by the accused in
contrary to the prohibitions, which were saved by a decision regarding the securing of assets
According to the criminal procedure code.
(2) Chattels which were issued to the accused or have been withdrawn, the
the administrator must also properly safeguard and protect against deterioration,
in particular, before their damage, destruction, loss, theft or
abuse, and make the necessary acts towards the preservation of the value of the thing.
(3) the administrator shall be for the purpose of protection of the secured assets in the Court,
administrative or other proceedings all acts, which is otherwise authorized to do
its owner, or the owner, or another person entitled to property
to dispose of.
(4) the administrator of the secured assets and leading the inconclusive data transparently in
Register, and until the final disposition of assets; catered
the property is not subject to accounting and inventory.
(5) other obligations related to the secured assets than those referred to in
paragraphs 1 to 4, the administrator does not. Other rights related to the
secured property Manager carries out in order to protect the secured
assets only in the extent to which the accused has been disabled by the Court pursuant to the
the criminal procedure code. The administrator is not entitled to use the assets, the secured
rent, encumber or transfer to another person.
(6) for the purposes of the proper performance of the secured assets management administrator
entitled to do all necessary acts, in particular, is entitled to inspect
accounting records, contracts and other documents relating to the securitized
property and enter the place where they are located; the accused, as well as other
the person against whom the Act is implemented, are obliged to provide the administrators
all the necessary synergies. If the persons referred to in the first sentence without
sufficient apologies neuposlechnou command or does not comply with the invitation of the administrator and
giving him the required assistance, they may save Court riot
a fine of up to 50 000 CZK; the rest-if such a command or the challenges of a person
that is a legal person, may be a legal person, which
represents the saved a penalty to 500 riot USD; about these
the person in advance. Against a decision imposing a fine is a riot
admissible complaint, which has suspensive effect; the decision on complaint
§ 146a used, mutatis mutandis, the criminal procedure code.
section 10a
Manage share
(1) the administrator responsible for the share under section 9 (2). 2 shall enter into
secured the rights of the partner company or member cooperatives and
performs is to the extent necessary, in accordance with this Act and the Act on
business corporations.
(2) if it is to achieve the purpose of the administration of the need to replace one or more of the
the members of the statutory body of the business Corporation and secured such rights
How to enable the administrator, the administrator shall convene the Supreme authority of the business
corporations, and through it reach their appeal and allow the
Instead, choose a member of the statutory body; the provisions of the law on
business corporations on the integrity of the business Corporation and a member of the authority
the demonstration, on the number of members of the statutory body of the business corporation
and on the minimum time limits for notification of the date of the negotiations of the Supreme authority of the
the business of the Corporation shall not apply.
(3) to challenge the Court administrator is required to provide in the laid
a reasonable time limit a report on its activities in the performance management share; such
the report of the administrator is obliged to present to the Court always within 15 days after the
died or was revoked his credentials to manage the share.
(4) the credentials of an administrator to manage the share extinguishes
and the demise of his rights) to carry on business in accordance with the insolvency administrator
the law on the insolvency administrators,
(b) the cancellation of his permit or) special permit in accordance with the law on the
insolvency administrators,
(c)) the demise of the business corporation without the universal successor in title, or
(d)) his death.
(5) the provisions of paragraph 4 shall not affect the Court's permission to cancel the credentials
administrator for other reasons.
(6) if the administrator share of the carries at the time of dissolution or annulment of the credentials of the
the function of the Member of the authority of the business corporation, this function shall cease on the date of
the demise or cancellation of credentials; However, if the Court has charged the administration of the
This Act, the new manager within 14 days after it was cancelled, or
earlier, administrator credentials conferring passes to the new administrator
features on the day his credentials management. Legal negotiations made by the previous
the administrator a member of the statutory body of the business corporation at the time of
between the abolition or demise of his credentials and the moment when the revocation
or the demise of the credentials to the latter, shall remain valid unless it is approved by the new
statutory authority. The current administrator is required to provide a new
the administrator, liquidator or insolvency administrator on request
the necessary assistance, in particular to inform it is made legal
the negotiations.
section 10b
The remuneration of the administrator of the share
(1) the administrator responsible for the share under section 9 (2). 2 has the right to
compensation and reimbursement of cash expenses.
(2) the remuneration of an administrator who, on the basis of secured rights to share carries
Member of the statutory body of the business corporation, and replacement of its
cash expenses shall be paid from the assets of business corporations. Is not sufficient to
assets of business corporations, wholly or in part to the payment of the remuneration of the Manager and
to compensate for its cash expenses shall be borne by the State. Remuneration of administrator
performs administrative and is not a member of the statutory body, and
reimbursement of cash expenses shall be borne by the State.
(3) the Court shall decide, on a proposal from the administrator, of the amount of his remuneration and, in the case that the
cash expenditure borne by the State, also on the amount of compensation his cash expenses;
the proposal must include the Billing Manager, rewards and cash expenses,
While the proposed amount of the refund of expenditure is required to ready the administrator
proven to demonstrate and justify their appropriateness and reasonableness. Against the
This decision is admissible a complaint, which has suspensive effect.
(4) in determining the amount of the remuneration of the administrator of the Court stems from the fact that the
the administrator performs the business Corporation Member of the statutory body,
and from the amount of the turnover of the business corporation. If the amount of the remuneration of the Manager
lay down according to the following criteria, the Court shall take into account in determining the amount of the
the length of the period of performance management, the range and complexity of the activities
Administrator, and if the administrator in business Corporation Member
the statutory body, the Court shall take into account also the amount of the remuneration of the other members
the statutory body or, if no such members of the statutory body,
taking into account the level of remuneration of former members of the statutory body.
(5) in cases where the compensation and reimbursement of cash expenses are paid by the administrator
the State pays is the Court of the State budget.
(6) the Court may, in the course of the performance of the Administration to decide on the payment of the share of
advances of pay and reimbursement of cash expenses, administrators and even repeatedly.
(7) the method of determining the remuneration and expenses of the administrator responsible for the finished
the management share is the maximum amount of rewards and cash expenses
paid for by the State, and the method of payment provides for detailed legal
prescription.
§ 11
Cost of management
Costs necessary for the proper performance of the secured assets management shall be borne by the Court of
the funds of the State budget, if the specific legislation governing
the treatment of secured assets do not allow their reimbursement of other
in a way.
§ 12
The sale of secured assets
(1) the Court may decide on the sale of secured assets with the previous
the consent of the accused; consent to the sale may be made in writing or
orally. The accused in this case, the binding can express
the lowest price at which you can sell assets; This law must be
advised.
(2) without the consent referred to in paragraph 1, the Court may decide on the sale of
the secured assets, if it can reasonably be expected to
and) succumbs to perish or other hard to an avoidable damage
(b)) will quickly lose market value, particularly if the motor
vehicles and electrical equipment,
(c)) with the performance management will be linked to disproportionate costs, or
(d) the Administration will require) the performance of specific conditions or
special professional competence, which can be ensured only with the unfair
the difficulties.
(3) in the case of the conditions laid down by this law is responsible for the
or contractual obligation to propose to the Court administrator, the sale of the secured
the asset; such a proposal, the Court shall decide without delay after its receipt.
(4) in determining the purchase price and the sale proceeds
and, mutatis mutandis, in accordance with the Special Court) the legislation governing
the sale of the goods in the judicial enforcement of decisions,
(b)) other body active in criminal proceedings, the territorial departments of the Office for
the Government representation in property Affairs, organizational component of the State or
the State Organisation, mutatis mutandis, in accordance with the specific legislation governing
governing the management of State assets
(c)) the executor according to the specific legislation adequately governing the
execution,
(d)) designated to manage the administrator share, mutatis mutandis, in accordance with the law on public
auctions,
the contracting Manager) in the manner agreed in the contract.
(5) the amount of money obtained by selling the lodge into the custody of the Court.
(6) the resolution referred to in paragraph 1 and paragraph 2 (a). (b) to (d)))
admissible complaint, which has suspensive effect. In deciding on the
complaints against the resolution referred to in paragraph 2 (a). (c)), or (d)) shall apply mutatis mutandis
§ 146a of the criminal procedure code shall be used.
TITLE IV
FINAL PROVISIONS "
§ 12a
The Ministry of Justice shall issue a decree for the implementation of section 10b of the paragraph. 7.
PART THE SECOND
AMENDMENT TO THE CRIMINAL PROCEDURE CODE
section 13
Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
the text of Act No. 57/1965 Coll., the 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. 172/1990 Coll., Act No. 303/1990
Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993
Coll., Act No. 292/1993 Coll., Act No. 154/1994 Coll., ruling
the Court published under no. 214/1994 Coll., the finding of the Constitutional Court
published under no. 8/1995 Coll., the 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 finding of the Constitutional Court
published under no. 77/2001 Coll., Act No. 143/2001 Coll., Act No.
265/2001 Coll., the finding of the Constitutional Court published under no. 424/2001 Coll.
Act No. 200/2002 Coll., Act No. 227/2002 Coll., Act No. 320/2002 Coll.
and Act No. 218/2003 Coll., is hereby amended as follows:
1. section 47 reads as follows:
"§ 47
(1) if there is reasonable concern that the satisfaction of the claim of the injured party to compensation
the damage caused by the criminal offence will be obstructed or difficult, you can claim up to
to the likely damages to ensure the assets of the accused.
(2) the collateral referred to in paragraph 1 shall be decided by the Court on the proposal of the State
representative or the injured party, in preliminary proceedings, the Prosecutor on the proposal
the injured party. In the preliminary proceedings, the Prosecutor may claim to provide and
without the injured party, if required by the protection of his interests, in particular
There is a danger of delay.
(3) if the injured party is known, that the accused is the owner of the property or
has any item of movable thing convenient outside the place of his permanent or other
stay, shall, if possible, already in the design to ensure your entitlement to
damages, where such a thing is.
(4) in its resolution on freezing property disables the Court and, in preliminary proceedings, the
the Prosecutor accused that fed it with things that are listed in the
resolution on the provision, or that in the performance of such a decision will be
drafted; Furthermore, the accused will disable that after the notification of the resolution property
transferred to someone else, or burdening him and saves him to court within 15
days from the notification of the resolution said that the property and who has an option to purchase or
another right, with lessons that otherwise the accused is responsible for damage caused by
caused by.
(5) Ensure cannot claim that cannot be applied in criminal proceedings. To
securing a claim cannot be used of things that cannot be
civil rules affect the exercise of the Court's decision.
Ensure the cash benefits are not subject to social welfare and State benefits
social assistance paid to the accused under the special law
in one lump sum, and
and the claims of the accused on the payment), the rewards of employment or
a similar proportion,
(b) the payment of the claims of the accused) of maintenance and
(c) claims for the payment of benefits), sickness and pension insurance
the subsistence minimum set out under the special law
on the person of the accused, his household and persons whose education and nutrition
the accused is obliged to take care of, if they don't have their own source of income.
(6) If it takes to ensure all legal acts are ineffective
the accused relating to the secured assets, with the exception of acts
aiming to avert imminent damage.
(7) the rights of third persons to zajištěnému assets can be applied according to the
special legal regulation.
(8) the injured party shall be to ensure his claim to always be informed with the
calling attention to the reasons for which the guarantee referred to in section 48, paragraph. 1. ".
2. Section 47 is added to § 47a is inserted:
"section 47a
(1) the Court and, in preliminary proceedings the State Prosecutor shall refrain from performing
reinsurance operations or security unless the accused or with his
the consent of the other person on account of the Court for the lodging of financial institution financial
security in the amount corresponding to the probable claim of damaged on
compensation for damages; the other person must be familiar with the nature of the allegations and the
facts which have led or could lead to the provision. If it has been
financial security has been lodged, the court below and, in preliminary proceedings the State
representative performs locking operations on the property of the accused, to the extent
they likely claim of the injured party for damages is not secured
financial certainty.
(2) the Financial security referred to in paragraph 1, the Court, and in preparatory proceedings
the Prosecutor shall revoke or restrict, if ceased to
ensure the right of the injured party, or it is obvious, that the claim for damages
the injured party in criminal proceedings cannot be granted or is substantially lower.
(3) unless the Court otherwise, takes financial security referred to in paragraph 1 to the
the legal power of conviction. If such a judgment granted
the injured party is entitled to damages, the Court shall pay out cash.
(4) against the decisions referred to in paragraphs 1 and 2 shall be admissible, a complaint that has
suspensory effect. ".
3. sections 348 and 349 are added:
"§ 348
(1) ensuring affects all assets of the accused, additions and
proceeds from secured assets, as well as the assets, which
the accused will take over security. It does not apply, however, to the resources and things,
which is by law not covered by the confiscation of property.
(2) On making a decision regarding the securing of assets referred to in paragraph 1 shall otherwise be used
§ 47 odst. 4 to 7.
section 349
The performance of the decision regarding the securing of assets and how to manage such
the property provides for special legislation. ".
4. section 349a is hereby repealed.
PART THE THIRD
THE AMENDMENT TO THE LAW ON BAILIFFS
§ 14
Act No 120/2001 Coll., on the activities of bailiffs and enforcement
(enforcement procedure) and amending other laws, as amended by Act No. 6/2002 Coll.
is amended as follows:
1. under section 76 shall be added to § 76a, which reads as follows:
"§ 76a
On the basis of the credentials of the Court or the Prosecutor discovers the executor
assets subject to the according to the decision issued in criminal proceedings
ensure and personally or through another person performs management
such assets. "
2. under section 91, the following new section 91a, which reads as follows:
"§ 91a
(1) For the performance of the activities referred to in section 76a belongs to impose non-contractual
the reward.
(2) the amount of remuneration referred to in paragraph 1 and the claim for compensation of additional costs
distraint under section 87, paragraph. 1 decide the cost and execution shall be paid
the Court or the Prosecutor, that the performance of the activities referred to in section 76a executor
commissioned. ".
PART THE FOURTH
THE CHANGE OF THE ATOMIC ACT
§ 15
In section 26(3). 3 of law No. 18/1997 Coll. on peaceful uses of nuclear
energy and ionizing radiation (the Atomic Act) and on the amendment and supplement
certain acts, in the wording of Act No 13/2002 Coll., on the end of a letter
to a commas and dot) is replaced by the following point l), including
footnote No. 19a):
"l) radioactive substances management secured by a special
^ 19a of the Act.)
19a) Act No. 279/2003 Coll., on ensuring the performance of assets and goods in
criminal proceedings and on amendment to certain laws. ".
PART THE FIFTH
The EFFECTIVENESS of the
section 16 of the
This law shall enter into force on 1 January 2005. January 1, 2004.
Zaorálek in r.
Klaus r.
Spidla in r.
Selected provisions of the novel
Article. (II) Act No. 86/2015 Sb.
The transitional provisions of the
The provisions of this law on the liability insurance or other
the injury, which could arise in connection with the performance of management,
shall not apply to contracts concluded before the date of entry into force of this
the law.
