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Of The Rules Of Procedure For The Military Perimeter And Higher Military Courts

Original Language Title: o jednacím řádu pro vojenské obvodové a vyšší vojenské soudy

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389/1992 Sb.



DECREE



the Federal Ministry of defence



of 22 March. June 1992



of the rules of procedure for the military perimeter and higher military courts



The Federal Department of Defense establishes, pursuant to § 62 para. 2 of law No.

335/1991 Coll. on courts and judges, pursuant to § 391a para. 1 and § 391 of the Act

No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), as amended by

amended:



PART THE FIRST



THE ORGANIZATION OF WORK FOR THE MILITARY COURTS



§ 1



The foundations of the Organization



(1) a military circuit court is composed of the President, where appropriate,

Vice-President, other judges and lay judges. A military perimeter Court

shall be decided by a single judge or a panel of judges. ^ 1) Higher Military Court consists

of the Chairman, the Vice-Chairman, the other judges and lay judges. Higher military

the Court shall decide in chambers. ^ 2)



(2) the basis of the internal arrangement of the military courts (hereinafter referred to as "the Court") is

their distribution on the boards. Administrative and other Office work

performed by the Court Office.



§ 2



Schedule of work



(1) the allocation of the work in the courts is provided on a calendar year schedule

work, approved by the President of the Court. The work schedule shall indicate

rank, name and surname of the President and the Vice-President of the Court, the working

time, duration of the contact with the citizens and the allocation of meeting days for each

the boards. The Division of criminal cases to the boards of appeal. For military

circuit courts shall also lay down the criminal case and the other responsibilities of judges

to the military departments and folders of the armed corps assigned to the boards.

Schedule the work also contains the Division of the work of the judicial office and in the field

statistics.



(2) in the case of long-term absence of the judge or the distinct differences in the

the President shall designate the Court workload movement agenda range to another

the Senate.



(3) in the event of a sudden obstacles to perform individual acts in the judges

proceedings, the President may appoint by another judge of the Court.



(4) the measures provided for in paragraphs 2 and 3, be carried out in accordance with the President of the Court

established representation in work schedule, ensuring proper operation if

the Court does not require a different procedure. Just as in the case of exclusion of proceeds

the judge (section 31 tr row).



§ 3



Acts outside the Court building



(1) if any act of the Court be enforced outside the Court in the building

a public authority or public institution, facility, undertaking or other

a legal person, it is necessary to act in advance with their supervisor.



(2) the provisions of paragraph 1, he pointed out, with regard to the evidence.



(3) the Court acts in the buildings and rooms of people who enjoy

diplomatic privileges and immunity, can be made only in accordance with

standards of international law. Of such acts, the Court must inform the

management of the military courts of the Federal Ministry of Defense

shall ensure, through the Federal Ministry of Foreign Affairs

the appropriate measures for their implementation.



(4) the Court acts in the buildings of the Federal Assembly, the Czech national

the Council, the Slovak National Council and the places where they act, governed by specific

legislation. ^ 3)



PART TWO



THE TASKS OF THE STAFF OF MILITARY COURTS



§ 4



The tasks of workers in General



(1) the Chairman or Deputy Chairman of the military court in accordance with the

timetable of work as President of the Chamber shall be exercised by the judiciary or

a single judge. The President of the Court shall be exercised by the Court Administration and ensure its proper

operation for the personnel, organizational, economic and financial, and holds the

additional obligations arising out of his employment. ^ 4)



(2) the tasks of the judiciary on the military circuit and higher

military courts also fulfils the judges, lay judges, judicial candidates and

personnel specialist apparatus of the Court.



(3) judges, lay judges, judicial candidates and workers of the professional apparatus

the courts are obliged to keep confidential all facts

which learned in connection with the performance of the judiciary. The obligation to

confidentiality persists after the end of the service or employment.



(4) confidentiality obligations, the judge may exempt the President

Court. ^ 5) confidentiality obligations can the worker's vocational

apparatus to relieve the President of the competent court.



§ 5



Simple acts done and workers responsible for the aspirant of the judicial

the management of the Registrar



(1) the President of the Court may instruct the judicial trainee and, where appropriate, workers

responsible for the management of the Registrar to perform under the supervision of a judge

These simple acts reserved by the laws relating to legal proceedings

the President of the Senate (single judge):



and request in the simple things),



(b) the service of judicial documents to persons) is in custody or in prison

imprisonment and drafting the Protocol on this Act,



(c) drafting of submissions, including the proposals), and remedies in the

simple things,



(d) decision on the referral back) important for the criminal proceedings after the final

decision on the merits,



(e) the obligation of the convicted person) the decision to pay the costs of criminal proceedings

fixed flat-rate amount and the costs associated with the exercise of custody and

the obligation of the convicted person to replace the remuneration and expenses paid by cash

appointed by the State, advocates



f) necessary measures to imprisonment,



(g) allocation of credit) the decision on detention and imprisonment,



h) measures in matters of execution of a confiscation of property,



I) claim for payment a financial penalty or fine and measures

related to the implementation of the enforcement of judgments about them,



j) measures necessary for the performance of other sentencing



to the performance of the protective measures) healing, protective care and prevents

things,



l) ensuring the basis for a decision on the certification for the conditional

condemnation, evidence control on conditional release, conditional

the abandonment of the rest of the performance penalty of disqualification from the exercise and the rest of the

sentence banning residence, the basis for the decision to change the method of performance

imprisonment and conviction, expungement



m) notification of conditional release and the deletion of the conviction,



n) administration of other additional reports, registers



about) the decision on the level of remuneration of the appointed defence counsel and znalečném and

tlumočném,



p) participation in visits to the accused in custody,



q) check the correspondence of accused persons.



(2) Judicial candidates and staff management of the Registrar

on the basis of the authority of the Court to carry out in criminal proceedings

follow the instructions of the President of the Senate (single judge) and other actions related to the

power of decision.



(3) the President may entrust some of the staff in charge of the management of

the Registrar or judicial trainee, if it is

reduce the workload of judges without compromising quality and cost-effectiveness

work for meaningful statistical sheets and vyhotovovali conducted in the

the specified scope for further work in the field of statistics.



(4) in determining the amount of costs in criminal cases may the President of the Senate

(single judge) to entrust personnel responsible for the management of the Registrar with

other than a decision under section 29.



(5) the President of the Chamber (judge), whom the case was ordered or which

According to the schedule of work belongs, shall ensure that the legal acts which it exercises

a worker by an authorized, have been processed correctly and in a timely manner.



§ 6



Appeal against a decision of a judicial or trainee worker

responsible for the management of the Registrar



(1) against a decision issued by a judicial or an expectant worker

responsible for the management of the Registrar in cases referred to in § 5 para. 1

an appeal under the same conditions as against a decision

President of the Senate (single judge). Brought on an appeal shall be submitted to

the President of the Senate (single judge); If the President of the Chamber, this

fails, refer the matter to the Court of second instance decision.



(2) if the President of the Chamber (judge) of the appeal itself,

his decision for the decision of the Court of first instance; against the

It is for the appeal under the General provisions on procedure

before the courts.



PART THREE



THE MILITARY COURT HEARING



§ 7



A list of pending cases



The President of the Senate (single judge) to take measures to ensure that a list of all the things in the

which is ordered by the trial, public and non-public session at the same

day, was posted on the door of the Conference Hall. The list shall be the President of the

the Senate (single judge), case number, name and surname of the accused without

putting the rank and time of the hearing.



The dignity of the court hearing



§ 8



(1) before the hearing raises the writer before the doors of courtrooms

loudly and clearly the thing that will be discussed. At the same time a preliminary

see if they attend the people that were subpoenaed to a hearing and invite

is to enter the meeting hall. Throwing things in this way may be

replaced by appropriate technical equipment. It is not acceptable that, in addition to

judicial people someone else in courtroom before throwing things.



(2) to the courtrooms is bareheaded; This does not apply

the members of the armed forces on duty, and on women.



§ 9



After the period of presence in the courtroom is presented to hedge

resources to pick up. Keep, or attach them again, you can just

the instruction of the President of the Senate (single judge). When deciding on such measures


consider the President of the Chamber (single judge) in particular, that according to the available

information about the building is determined by reasonable suspicion of attempted escape,

assaulting bystanders or other violent acts. Leaving or

znovupřiložení hedge funds shall be entered in the minutes of the hearing.



§ 10



(1) upon the arrival or departure of the Senate (single judge) rise of the person

present in the courtroom. If it is not available the Advisory Hall, must

be judges in uniform and in their places already invoked when things.



(2) to the Senate (single judge) is spoken only in a standing position. The President of the Senate

(single judge) may, however, allow persons whose age and health

This justifies, that when přednesech even notice.



(3) in a standing position they will listen to all present, including the Senate and the clerk,

the announcement of the operative part of the judgment. Otherwise, all the participants during the meeting, sitting on the

their places.



(4) the persons present in the courtroom are required to refrain from anything that would

This may interfere with the smooth running of the meeting.



(5) the Parties and their representatives should be allowed to take over the

complement each other advice about their opinions and suggestions. For this

the purpose of the negotiations is on the reasonable period of time.



(6) smoking or the consumption of food and beverages is prohibited in the courtroom.



§ 11



(1) everyone in the courtroom, except to persons under the age of fifteen years,

calls.



(2) the Board, the writer and other persons present shall address each other

"master-mistress-Miss" connecting rank, function or process

the position in which the person addressed, or his academic title.

Only persons under the age of 15 years can reach, where is it appropriate for

overcoming their shyness, just the name.



(3) if it is necessary to differentiate between persons in the same procedural status,

You can reach under the preceding paragraph to supplement even surname specific

of the person.



§ 12



(1) before the announcement of the decision, the Senate removes the Advisory.

If it is not available, the President shall invite the Advisory Senate Hall present to

meeting hall.



(2) before returning the Court shall arrange for the writer of the Advisory to Hall

the participants in the negotiations took their places again in the courtroom. Took place to

meeting right in the courtroom, the writer asks after the end of the consultation

participants to return to courtrooms, where necessary, to call it

appropriate technical device.



(3) as the Senate proceeds by a single judge.



section 13 of the



(1) before the announcement of judgment shall invite the President of the Chamber (judge)

present, to rise up. He himself proclaims the judgment up to the end of propositional

also standing, dignified manner, continuously and loudly.



(2) following the publication of part of the judgment, the President shall invite the propositional Senate

(single judge) to present, and myself, also sitting down, clearly and

convincingly reasoned and shall instruct the judgment on the appeal.



(3) Similarly, even when the announcement of the operative part and grounds of the resolution

with the difference that the whole resolution announces the sitting down.



(4) after full exhaustion of the content of the negotiations, the President shall declare the Senate

(single judge) the hearing closed and invite those present to have distanced themselves from the

meeting hall.



§ 14



(1) if the public is excluded, such a decision shall be notified of the Senate

(single judge) clearly on the doors of courtrooms at the entry ban

by unauthorized persons.



(2) if it can be expected that the citizens do not take effect for some things

greater interest, the President of the Chamber (single judge) measures for decent

during the negotiations. In particular, orders the case to the appropriate meeting hall,

While in case of danger the overburning courtrooms is entitled to

regulate access by issuing the tickets. The public must be suitable

way to be informed.



Some of the other acts of the Court



§ 15



The use of an interpreter



(1) if it is necessary to convey the content of the testimony or documents or

If the accused declares that he does not control the language in which the proceedings leads,

picked up the slack with an interpreter. The interpreter may also be the Secretary. This

circumstance shall be mentioned in the Protocol.



(2) pursuant to the provisions of paragraph 1 shall be applied, mutatis mutandis, in the hearing of

people deaf, deaf mutes, or, if you cannot communicate with them

another reliable way.



section 16 of the



The summons of certain persons to judicial acts



(1) members of the armed forces and the armed forces in active service shall

be summoned, if appropriate, on the

Commander (Chief). The person has to be performed, be sent to military court

request a demonstration of superior, which is předváděný. eskortovaný

a child of the.



(2) persons who are not members of the armed forces or Corps in Active

the service, showing off the police. For a demonstration of these people asking the Court

the Police Department, the competent according to the place of residence of that person.



(3) persons in prison or in custody shall be summoned

through the nápravně educational institution or prison of addressed letters rogatory

their demonstration. If the person summonsed is in custody in other things, it is

need to request the written consent of the competent public prosecutor to connect,

President of the Chamber or a judge with the demonstration.



(4) persons who reside in institutions, protective treatment, protective

education and psychiatric institutions, shall be summoned by means of

These institutes (medical devices), which will ensure their

the demonstration.



§ 17



The transmission of judicial documents in some cases



(1) the document addressed the fact that imprisonment

or who is in custody, delivers through the nápravně educational

the Institute and the prison in which it is located, or when necessary to accelerate and

personally authorised employee of the Court.



(2) a document addressed to the national armed forces and armed corps in

active employment that is not accommodated in military objects in bulk or

the premises of the armed forces, delivers directly; in other cases, the

is delivered through its parent. It is not known if the Department, in

the soldier held the service delivers the document through the

Garrison administration; If not known, through the military district

Administration.



section 18



The logs in the proceedings before the Court



(1) the Protocol on negotiations with the dictates of his present texts dictated by

they heard. The President of the Senate (single judge) can vyslýchanému, in particular with regard to

for experts, allow your testimony to the Protocol has dictated. This

the fact shall be recorded in the log.



(2) the Protocol of negotiations may be drawn up according to what you've said out loud

text in shorthand or recording; about in the log

connects the clause in which shall be entered the name and surname of the employee who

According to Protocol in his record. President of the Chamber (judge)

obliged to verify whether the contents of the instruments of the Protocol is identical to

record, and the correctness of the copy of the log to confirm your signature. If

laws on proceedings before the Court except, you do not need to record

store. If the Protocol of the meeting drawn up in this way, you can

refrain from the presence of a court reporter at the hearing, with the exception of the main

version, the public and non-public session.



(3) the Protocol on the testimony of one who does not predict in Czech or Slovak

the language is written in one of these languages. If the literal

the text of the notice, the writer or translator writes her an appropriate part of

also, if possible, in a language which the vyslýchaný.



(4) if the consultation on voting present writer, draws up and tells

Protocol on voting President of the Chamber or authorized member of the Senate; in

the log shall be marked, who wrote it and sign it, all members of

the Senate.



(5) the Protocol on vote may only be opened by the President of the Senate on the parent

the Court, in deciding on the proper appeal and President of the Chamber

the Supreme Court in deciding on a complaint for violation of the law and

the appeal, as well as the judge in charge of preparation of the judgement; After inspection

it once again, shall affix the sticker imprint round official stamp and opening

confirm your signature.



(6) the Protocol on the vote did not list, if it is a simple decision,

on which the Senate passed unanimously, and which was preceded by a meeting of

only in the courtroom without interruption of the negotiations; Protocol of the meeting in

this case, noting that the order was made without interruption

the negotiations.



§ 19



The use of the official stamp



The imprint of the round official stamp Court copies of affixes

(copies of) the copies of judicial decisions, legal power and clause

enforceability of a judgment, sentence and protection regulation

measures to arrest the command, the command to accept into custody and a command to

release from custody or imprisonment, application for

the discovery of the residence of persons, the provisions of the defence counsel, as well as all

the document specified by the courts or other authorities in a foreign country.



section 20



The designation of the legal



Once the judge finds that the decision took legal force, it records it

based on the decision in the case file to be drawn up, indicating the date on which the

There was the legal power, and connects its readable signature and date indication.

If the decision has come into legal force only in part, it is to be in the record

accurately convey. When he was given a proposal to add judgment, not on the


a barrier that marked the legal force of the decision.



section 21



The clause concerning the legal force and the enforceability of a judgment



(1) at the request of, who was a copy of the decision delivered earlier than

the decision came into force, the Court presented a copy of the

decision concerning the legal force clause.



(2) at the request of, who has been served with a copy of the decision, the Court shall

on the proposed decision of the exequatur decision.



(3) the submission of the proposal to supplement the judgment does not connect

the clauses concerning the legal force and the enforcement clause of the decision.



section 22



A copy of the submission



(1) the written submissions must be submitted to the Court in so many counterparts,

how much is needed to make one copy of the Court, and each could get,

to whom will have the documents delivered.



(2) If a participant does not submit within the prescribed period the necessary number of copies

written submissions, although he was asked to do so, can these copies

draw up the Court on the parties during the load; It must be a participant in the call

notified. Costs shall be indicated in the list of costs.



Article 23 of the



Reconstruction of the file



(1) the writings that were totally or partially destroyed or lost,

Reconstructs a, if it is necessary, on the proposal of the design in accordance with or without

records in the registers and other records to a court that in vitro

the case was held at first instance. About the records, which shall

the day of lodging of the application, the data of all the negotiations, the date of the decision in the case, an indication of

that was who he was and when it was filed an appeal and the manner of its

pending. Details of the court fees are not.



(2) the Court takes a certified true copies of copies made out of a decision or

other documents, which has itself, or that it may request from another court

or other State authority. The verified copies copies connects

a copy of the clause that replaces the destroyed or lost. For this

the purpose may save the parties, their representatives and other persons to

submit copies of the submission, copies of decisions and other documents; These

of the Charter of the Court after the authenticated copy of return measures.



(3) if the means referred to in paragraph 2, the Court will carry out the necessary

the investigation, in particular for the purposes of certification, as was

logged and will hear the persons who were heard as the parties,

witnesses, experts, or performs other certificates and the results of these

investigation Protocol for the reconstruction of the captures. The Protocol on reconstruction

shall be replaced by the Charter, in particular the various submissions, reports of meetings and

of the annex. A copy of the Protocol for the reconstruction shall be forwarded to the known parties.

If the parties raise objections to the text of the Protocol, the Court is to him

connects.



section 24



The release of the official confirmation



The President of the Senate (single judge) may, at the request of those who need it to

exercise or defend their rights, issue an official certificate of

facts known from the documents, or a copy of some documents after a

payment of the court fee.



§ 25



Requiring cooperation from the police and other authorities



(1) the courts shall be entitled to require from the authorities of municipalities, district offices,

authorities of the police as well as from other institutions and organizations in the performance of

its tasks, in particular the communication of facts which are relevant to the

judicial management and decision making (section 8 tr row).



(2) by the authorities of the municipalities and county offices may be required, in particular, the report on

behavior, property and social circumstances of the accused, that have

own knowledge base of these authorities.



(3) the authorities of the police, the courts may require, in particular, of the report on the behavior of the

the accused and the parties, on the behaviour of the convicted person and conditionally

conditionally released from imprisonment within the prescribed

during the trial, and about the behavior of the convicted person for the purposes of a decision on the deletion of the

convictions and about their stay and employment of persons. If this is required, the authorities of the

Police carried out the search at the request of the Court after a person.



(4) employers, the courts may require reports on the behavior of their

workers in employment and their income or even of

other facts if it is necessary for legal proceedings and

decision.



PART FOUR



REIMBURSEMENT OF NECESSARY EXPENSES FOR PERSONS INVOLVED IN THE PROCEEDINGS



section 26



(1) to the participant's expenses, subsistence allowance and belongs to the fare overnight Board.



(2) the basis for calculation of loss of earnings that the participant is in

employment or the employment relationship in a similar ratio or

the working relationship, form the average net earnings calculated according to

special prescription. ^ 6) amount of average earnings shall demonstrate

participant confirmation of the employer for which he works, where it is stated,

whether and how much the employer collide for a period of absence from work, and

If a participant is able to work on the rest of the shift.



(3) in the case of a participant who is not employed or in a similar ratio

employment relationship, however, is gainfully employed, the basis for calculation of compensation

for loss of earnings make up the amount, calculated from the tax base from income

the population, ^ 7) divided by the number of working hours stipulated by special

Regulation ^ 8) fall on the same calendar year. The amount of the corporate tax base

income of the population shows a participant last payment assessment

the executing authority of the administration of the tax, which was preceded by the date on which entitlement to the

compensation applied; If the amount of the loss in earnings cannot be this way

It is for the participant to demonstrate, compensation for loss of earnings in the amount of 17

Czech Crowns per hour but not more than 136 Czech Crowns in one day. ^ 6)



(4) If a participant with severe physical disease or defect

or in other serious cases, guide, form the secondary release must be

the Guide and its loss of earnings component of the costs of the participant. ^ 9)



section 27 of the



(1) eligible for the fare has only the party who does not live or is not working in

the place where the Court is sitting, or is summoned from the place where he is temporarily

resides.



(2) a party shall be paid the actual, effective and cost-efficient travel expenses

the public mass transport. If a participant has used its own

motor vehicle, paid his fare as when driving the mass

means of transport, except in the cases referred to in section 29.



section 28



(1) If a participant has used yet also local public mass

means of transport, are borne by him and local freight.



(2) the freight shall be paid (i) participant who lives or works in

the place where the Court is sitting, if he used the local public

mass means of transport.



section 29



If the circumstances of the case require that the trip was done otherwise than by a public

the mass means of transport, shall be provided to the participants on the way

compensation under the specific legislation. ^ 9) under these regulations shall

provides meals and overnight Board.



section 30



(1) For determining the amount of compensation for necessary expenses and compensation for loss of earnings

and for determining the cost of the legal representative of a party or his representative,

that is not a lawyer or a commercial lawyer, for determining the cost

a guardian appointed by a party for determining the cost of the necessary Guide

(section 26 (4)), as well as for the determination of the amount of the costs relating to the provisions of

§ 26 to 30 apply mutatis mutandis.



(2) on compensation provided by the experts and interpreters to the Special

regulations.



PART FIVE



THE PERFORMANCE OF SOME DECISION IN CRIMINAL PROCEEDINGS



section 31



Decision of the Court about the detention and about the search warrant



(1) to secure the obligations of a judge (President of the Senate) and to comply with the time limits

referred to in section 69, 77 and 83 tr 5-President shall ensure that the military perimeter

or a higher military court in the non-business hours and on the days of the work

time off and holidays availability always one judge (President of the

Chamber), which will allow access to the building of the Court, to the direct telephone

station (fax) and to the Office, where the files are stored in the

neskončených criminal cases, and the use of the round official stamp.

The President of the military court shall also notify the competent military prosecutor's Office,

a permanent service of the competent authority of the police of the Czech Republic and the Police

the choir of the Slovak Republic in the district military court address or number

telephone station where the designated judge (President of the Senate) during the

the duration of the accessibility of the delay. To this address delivers in the duration of the

accessibility of the police and the Prosecutor, and through it all

the document specified by the Court, if the designated judge in the course of

deliverability agrees otherwise. Chairman of the military perimeter or

the higher military court also shall ensure that during this time the competent

the military court prosecutor on taking the accused into custody and

a proposal on the issue of a search warrant (section 68 and 83 tr row).



(2) if it is necessary at this time to hear the accused and decide on the

custody, to appoint defence counsel or to issue a search warrant,

the competent authorities of the police or the military prosecutor's Office about

shall inform the judge (President of Chamber) referred to in paragraph 1 and shall agree with the

it the place and time of the required Act.



(3) the judge to whom the accused delivered, without delay, the accused must

listen to decide on custody and the decision to notify the accused within 24

hours of the time when the accused was delivered. If the questioning of the accused


another jurisdiction, the judge shall inform its questioning judge factually

the Court that issued the warrant. This judge after

to obtain information about the hearing will decide on custody and shall notify its decision to the

the questioning of the accused by a judge of the performing. If it is not

the accused person informed of the decision within 24 hours from the time it was delivered to the Court

or the judges performing the interrogation, the accused must be released on

freedom.



(4) if it was decided that the accused takes into custody, should be about

How to deliver the relevant catchment and command resolution prison for admission to

binding. The link directs a court other than that which issued the

the arrest and detention, decided to transmit to the prison only the command for admission to

binding. The Court which issued the order to arrest and detention, decided to transmit to the

the resolution directly their prison.



§ 32



Financial security



(1) if the Court accepts the offer of bail (section 73a tr row.)

at the same time as the case method of composition, and the deadline by which it must

financial security be lodged. This also applies to the case of the financial guarantee in

foreign currency. If necessary, allow the accused person or any other person to

financial security have passed to the cashier of the Court. Otherwise these individuals will save,

sent directly to financial security on deposit account to the Court.



(2) if the accused Is in custody, and the Court accepts the offer of bail

It'll be released from custody immediately after he was financial security on account of the Court

composed. The amount of the financial guarantee may be paid only on

the basis of a written order of the judge.



§ 33



Measures for the regulation of imprisonment



(1) If a convicted person without adequate excuse does not compete in the specified

a period of imprisonment or if it is a concern that flees,

President of the Chamber (judge), to be delivered to the person's sentence

in the appropriate catchment prison (§ 321, paragraph 3, first sentence of tr row).

If the residence of the convicted person, the Court is not known it on order for delivery to the

the sentence explicitly stating that it is necessary to track down stay

the convicted person (§ 321, paragraph 3, second sentence of tr row). Delivery order to performance

imprisonment shall be sent to the district police headquarters, the district

headquarters of the police corps of the Slovak Republic or urban

headquarters of the police corps of the Slovak Republic in Bratislava and

Košice in the circuit court.



(2) If a stay of the convicted person traced differently than the police or

If convicted to imprisonment volunteered, you must

delivery order to the sentence appeal, and the case of the authority of the police,

which was posted.



(3) If a convicted person is in custody, the sentence shall be required when the legal

be able to as quickly as possible. If in the judgment of the legal power of the Group

only one of the defendants, it is necessary to require this of the convicted person

the sentence immediately, without waiting for the judgment

of the other. If the convicted person is not in custody, you must order the imprisonment in

as soon as possible. If the prisoner was allowed to suspend enforcement of the sentence then,

what regulation has been issued the sentence, it should be about the delay, inform the

nápravně educational Institute, who has been serving a sentence has already been sent to the regulation,

with an indication of the date on which the permitted deferral ends.



(4) in the case of a prisoner who is staying in a foreign country, when the writ of

imprisonment follows specific rules. ^ 10)



§ 34



(1) If a person's liberty, it shall invite the President of the Chamber (judge)

in writing, to the penalty. In the call to the person concerned shall communicate, to which

day and in which prison (nápravně educational Institute) has a punishment Skate

and notifies him of the consequences if the penalty within the time limit.



(2) if the person's military-active status (means i

service in the military to be organized and other congregations), it shall invite the President of the

the Senate (single judge) to embark upon a sentence in writing through the

Commander (Chief) of the Department, where the convicted person held such a service.

The competent Commander (Chief) at the same time the President of the Senate (single judge)

requests that the convicted person has sent to prison and made the necessary

measures according to the relevant business rules.



§ 35



The conditional suspension of imprisonment



(1) if the permitted conditional suspension of imprisonment for

the current receipt of the deposit interest Association of citizens for the correction of the

the accused, the Court in the application for the educational interaction under section 329 paragraph. 1

TR row referred to the Association shall also submit, whether and what restrictions pursuant to § 59

paragraph. 2. the Act. the accused person was saved. At the same time asks that, in the

the content of these restrictions focused their educational action, whether

the accused, and shall observe the restrictions complained to the Court as soon as a report on their

any possible violations. Also ask about the communication of changes to employment or

residence of the accused.



(2) the Court shall proceed, even if the request referred to the Association on

the educational interaction under section 329 paragraph. 2 tr row.



section 36



Conditional release from imprisonment



As in section 31, the Court shall proceed, even in cases of conditional release

the convicted person from imprisonment.



§ 37



The conditional grant of grace



If it was a penalty or the rest of the pardoned by the grace of President of the Czech and

Slovak Federal Republic under the conditions laid down, it shall proceed

Chairman of the military court, in conjunction with police,

municipal authorities and the employer to ensure the awareness of how

a convicted person shall fulfil the conditions laid down.



§ 38



The performance penalty of the loss of military rank



(1) If a final judgment to be spoken of losing military penalty

the rank of President of the Chamber (single judge) shall inform the sending of a copy of

the judgment of the command authorities of the Ministry of personnel management, Federal

the defense, in the case of a soldier by profession, and the personnel of the federal authorities

the Ministry of the Interior, if it is a member of the Federal police force

or the castle of the Police Corps, Ministry of Interior of the Czech Republic, if it is

a member of the police of the Czech Republic and the management of the College remedial education

The United States, if it is a member of the choir of the remedial education Czech

of the Republic.



(2) in criminal matters of persons who have been sentenced to military losses

the rank and this decision has an effect on the payment of emoluments,

the President of the Senate (single judge) shall inform immediately after the final

the judgment of the competent Department, in which the convicted person was held last time service

that was defeated by the loss of military rank, in order to be on time

necessary financial measures.



§ 39



The performance of a financial penalty



(1) the President of the Senate (single judge) after the judgment, unless

the postponement of the performance of a financial penalty, or to enable, prompt payments

the convicted person to this paid within 15 days. The call connects the completed

postal order.



(2) where the presiding judge (a judge) that the financial penalty was

enforced in accordance with the laws of the civil law, the procedure designated by the worker

According to the rules on recovery of debts.



(3) the performance of a financial penalty and for authorisation of payments decides

the President of the Senate (single judge); about the abandonment of the imprisonment pursuant to section 344

TR round is decided by the Senate (single judge). Such measures shall inform the

a worker who is entrusted with the recovery of receivables.



section 40



Freezing property



If the Court has decided to provide the assets (§ 347 tr row.), District Office by

generally binding legal regulations ^ 11) the assets shall ensure and take his

a copy of the list, which shall be sent to the Court.



§ 41



The performance of the protective constitutional treatment



(1) the performance of the protection of the constitutional order the President of the Chamber of healing

(single judge) after the final decision of the Court of the medical equipment

the residence or stay of a person which is to be protective

Healing done, delivered two copies of the writ and one

a copy of the decision granting the protective treatment was saved. In doing so, it shall

the agreement with the management of medical devices date of commencement

the protective treatment and asks them about the communication when it was fitted with a protective treatment

started. At the same time keeping the medical device notifies you that the change

constitutional treatment in outpatient or for release from protective treatment

may occur only on the basis of the final decision of the military

the perimeter of the Court. Referred to the Court must be filed forthwith a report,

If you are experiencing the reasons for some of these measures.



(2) the person to whom the protective treatment was imposed, it shall invite the President of the Senate

(single judge) to the onset of the protective treatment; for soldiers to do so

through the competent Commander (Chief). If this person is not

having the capacity to perform legal acts, it does this through its legal

representative. If it is not the person whose treatment goes, dangerous for

your surroundings, it can provide the necessary time to obtain its

matters. If the invited person does protective treatment within a specified

the time or if it is dangerous for your neighborhood, the President of the Senate

(single judge) of its delivery to the medical facility of the district

the Directorate of the police or the district headquarters of the police force

The Slovak Republic according to the place of residence (stay) of that person; in the case of

a member of the armed forces or armed corps in active employment,


requests the execution of such measures by the competent Commander.



§ 42



The performance of the protective treatment of ambulatory



The performance of the protective treatment of ambulatory order the President of the Chamber

(single judge) medical facility, which is the appropriate this way

Healing exercise, two copies of the writ of delivery and one

a copy of the decision, which was imposed protective treatment. Management

medical devices at the same time asks you to set the time of the first

treatment of the Act, she invited to implement the treated person and communicated

the Court which imposed protective treatment, when the person treated first

therapeutic action of touchstone. For a soldier on active service will ask the President of the

the Senate (single judge) and Commander (Chief) of the interaction

in the performance of outpatient treatment and sending a person for therapeutic treatment capacity

follow the instructions of the medical device. Further requests the management of the medical

the device, to propose to the Court, in whose district the is this device, change

treatment to cure the constitutional, if a person refuses to submit to treatment

protective ambulantnímu treatment or if the next stay

the treated person at large, dangerous, or if it transpires

that due to the nature of the disease and treatment options, you cannot expect

fulfill the purpose of the protective treatment of outpatient treatment. At the same time

medical device warns you that the release of the protection

ambulatory treatment may occur only on the basis of a final decision

the Court, in whose district the protective treatment.



§ 43



The performance of the protective treatment in prison



(1) if in the course of executing a sentence to be decided on the

the abandonment of the performance of the protective treatment that should be done, or

the condemned was not from the exercise of this protective treatment of released, it shall

nápravně educational Institute, two months before the termination

a sentence of the Court in whose district the protective treatment

exercises, a report on the outcome of the protective treatment. If the purpose of the

the protective treatment due to the length of the prison sentence was not

reached, the Court will decide on its continuation in a healthcare facility

before the end of the sentence.



(2) if it is to be sentenced after imprisonment passed into the

the health care facility to another performance of the protective treatment, the Court

on the continuation in the protection of healing decided to agree with competent,

the medical establishment date of onset of the protective healing so that

the same as the date of their imprisonment.



PART SIX



§ 44



Final provisions



The instruction of the Chief of Administration is hereby repealed the military courts of the Federal

the Ministry of national defence No 2/1975 of 25 June. July 1975.



§ 45



This Decree shall take effect on the date of publication.



Minister:



Dobrovský in r.



1) § 21 para. 1 and 2 of Act No. 335/1991 Coll. on courts and judges.



2) § 23 para. 1 and 2 of Act No. 335/1991 Coll.



3) Act No. 56/1991 Coll., on the rules of procedure of the Federal Assembly.



Law No. 35/1989 Coll., on the Czech National Council's rules of procedure, as amended by

amended.



Act SNR No. 44/1989 Coll., on rules of procedure, the Slovak National Council, in

as amended.



4) § 22 and 24 of Act No. 335/1991 Coll.



5) § 54 para. 3 of Act No. 335/1991 Coll.



6) Act No. 1/1992 Coll. on wages, remuneration for work stand-by and about

average earnings.



7) section 5 of the Act No. 283/1992 Coll., on income taxes.



8) § 83 para. 1 of Act No. 65/1965 Coll., the labour code, as amended by

amended.



9) Act No. 119/1992 Coll., on travel allowance.



10) Instructions the Minister of justice no. 1000/89-L, which

regulates the intercourse with foreign countries in the field of legal relations and the participation of immigrants in the

control.



Instruction of the Ministry of Justice, SSR No 1/81 Collection of instructions and

notice of the Ministry of Justice, SSR.



11) of the Federal Ministry of finance Decree No. 86/1977 Col., on

the interim administration of national property, as amended.