About The Performance Of The Property And Things In Criminal Proceedings

Original Language Title: o výkonu zajištění majetku a věcí v trestním řízení

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=55831&nr=279~2F2003~20Sb.&ft=txt

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as well as in the management of affairs and substitute the values issued, withdrawn or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.