202/2007 Sb.



DECREE



of 24 July 2003. July 2007,



amending the Decree of the Ministry of Justice of the Czech Republic.

37/1992 Coll., on rules of procedure for the district and regional courts, as amended by

amended



The Ministry of Justice of the Czech Republic lays down pursuant to § 45 para. 1

Act No. 6/2002 Coll., on courts, judges, lay judges and State administration

courts and amending some other acts (the Act on courts and judges),

in the wording of later regulations, under section 469 of Act No. 141/1961 Coll. on

criminal procedure (code of criminal procedure), as amended,

under section 374 paragraph. 1 of Act No 99/1963 Coll., the code of civil procedure, in

as amended:



Article. (I)



Decree No. 37/1992 Coll., on rules of procedure for the district and county courts,

as amended by Decree No. 586/1992 Coll., Decree No. 194/1993 Coll., Decree

No. 247/1995 Coll., Decree No. 278/1996 Coll., Decree No. 234/1997 Coll.

Decree No. 482/2000 Coll., Decree No. 104/2002 Coll. and Decree No.

268/2003, is amended as follows:



1. In section 2, the following new paragraph 1, which reads as follows:



"(1) The criminal section President shall ensure that court work schedule

specialization in proceedings relating to



and corruption of public officials),



b) corruption in public procurement,



(c) corruption when tenders),



d) corruption when auctions. ".



Paragraphs 1 and 2 shall be renumbered as paragraph 2 and 3.



2. In article 2 (2). 2 (a). and at the end of paragraph) 5 a semicolon replaced with a comma

and the following point 6 is added:



"6. serious organised crime (in particular, a criminal organisation and

crimes committed by an organized group); ".



3. In section 6 (1). 2, in the introductory part of the provisions for the word "trainee"

the words "assistants to the judge".



4. In article 6 (1). 2 (a). (b)), the words "with the exception of letters rogatory, in contact with

foreign countries ' shall be deleted.



5. in paragraph 10, after the word "dock" the words "older 18

years of age ".



6. In paragraph 19, the following paragraph 4 is added:



"(4) juvenile, which is in the performance of protective care, the summons

through the Institute, where he carries this educational, and which also

shall ensure their participation, including the Court. ".



7. in paragraph 23 of the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the legal power may indicate higher judicial official, judicial candidate,

Assistant judge and the Registrar in cases where a decision issued

or, when that was the judge. ".



8. in section 28 para. 1 the words "county offices" are deleted.



9. in section 28 para. 2, the words "and the district authorities ' shall be deleted.



10. section 28b of up to 28 g including headings are deleted.



11. in section 29 para. 3, the words "in the amount of 17 Crowns per hour but not more than

136 Czech Crowns in one day. "are replaced by the words" per hour in the amount corresponding to

the amount of the minimum wage per hour, according to the Government regulation on the minimum wage,

but not more than eight times that amount in one day. ".



Footnote # 5 reads as follows:



"5) Act No. 262/2006 SB., labour code, as amended by Act No. 585/2006

Coll. ".



12. in section 30 paragraph 2. 2 the word "Used" is replaced by "If

the prior consent of the Court used the ".



13. in § 33 para. 1, the words "or commercial lawyer" be deleted.



14. § 37 including heading and footnote # 9 is added:



"§ 37



Measures for the regulation of imprisonment and execution

criminal measures involving deprivation of liberty



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

a period of imprisonment or the performance of the judicial measures involving deprivation of

freedom or if there is a concern that the Chairman of the Board, flees

(single judge) that was delivered to the convicted person to imprisonment

or for the performance of penal measures involving deprivation of liberty in the appropriate catchment

the prison (§ 321, paragraph 3, first sentence of tr row). If the residence of the convicted person

It is not known, the Court in the order for delivery to imprisonment

or to the performance of the judicial measures involving deprivation of liberty shall be explicitly mentioned,

It is necessary to track down the stay of the convicted person (§ 321, paragraph 3, the second sentence of the tr.

r.). Delivery order to imprisonment or to a performance

criminal measures involving deprivation of liberty shall be sent to the district Directorate

Police of the Czech Republic to the competent according to the place of residence of the convicted person.

If the convicted person is not known, the delivery order of imprisonment

deprivation of liberty or to the performance of the judicial measures involving deprivation of liberty is

shall send to the district police headquarters in the Czech Republic in the circuit court.



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

If convicted volunteered to imprisonment

liberty or for the performance of penal measures involving deprivation of liberty should be

delivery order to imprisonment or to a performance

criminal measures involving deprivation of liberty, with the authority of the police,

which was posted.



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

imprisonment or enforcement of criminal measures

imprisonment it shall proceed in accordance with special regulations ^ 9).



(4) in the case of a juvenile, who is in protective custody, the constitutional or court shall send to the

enforcement of criminal measures involving deprivation of liberty of the Institute, in which the

a youthful, that was delivered in performance of the criminal measures

Professional Institute. If this is not possible, the President of the Senate

(single judge) for a demonstration of a juvenile to criminal measures performance

the district Directorate of the police of the Czech Republic, in whose district the is Department.



(5) Nápravně educational Institute for young people on criminal measures

the longer three months of imprisonment for at least two months before the

the intended date of the end of the performance of the judicial measures involving deprivation of liberty

the educational or therapeutic device, from which it was youthful delivered to

the performance of the judicial measures involving deprivation of liberty, the results of reeducation

juvenile criminal custodial measures performance in terms of

any release from protective custody, conditional location outside the

the educational establishment or abolition of institutional care.



(6) a prison, or an educational Institute of nápravně returns to the Court one

a copy of the regulation of imprisonment or execution

criminal measures involving deprivation of liberty with a confirmation that the person's he

imprisonment or penal measures involving deprivation of liberty, or notify the

without delay to the Court that a custodial sentence or custodial penal measures

freedom has not been presented within a prescribed period. If the convicted person in the performance of

another sentence, or in the performance of another criminal measures

custodial, educational Institute of nápravně confirms the receipt of the writ

imprisonment or penal measures involving deprivation of liberty on one

its copy, indicating, where imprisonment or penal measures

a custodial sentence will probably be nastoupeno, and returns immediately

the Court. On the transfer of the convicted person to another educational Institute, nápravně

begin protective treatment, about his escape and apprehension about his death, about

interruption of the imprisonment or penal measures involving deprivation of

freedom, on conditional release, as well as about the fact that he was convicted in

due to the enforcement of the sentence of imprisonment or execution of the criminal

measures involving deprivation of liberty, a pardon, amnesty or other reason

released, he shall nápravně educational Institute, in which the person's

the last time was, immediately report to the Court which ruled at first instance;

in the case of conditional release will report whether or not the Court which on

conditional release decision.



9) Instruction of the Ministry of Justice of 23.2.2005 no j.

81/2002-MO-J/145, on the procedure of the courts when dealing with foreign countries in matters of

criminal, published under no. 14/2006 of SIS.



Instruction of the Ministry of Justice dated 30 December 2004 No.

66/2004-MOJ/89, on the procedure of the courts in contact with the Member States of the European

Union in criminal matters, published under no. 18/2005 YOU. ".



15. section 39 including the title reads as follows:



"§ 39



Conditional release from imprisonment and criminal

measures involving deprivation of liberty



As in section 38, the Court shall proceed, even in cases of conditional release

the convicted person from imprisonment or criminal

measures involving deprivation of liberty. ".



16. In article 46 paragraph 2 reads as follows:



"(2) the Officers shall carry out the following tasks:



and sale of movable assets) when disposing of a heritage carried out by the Court in accordance with

the provisions on enforcement by sale of movable assets (section 175u (1)

o. s. l.),



(b)) acts of detention of the child [§ 273, paragraph 1 (b)) of the row],



c) performing the tasks connected with the enforcement of the interim

measures (article 273a shall be inserted and the s. 273b row.)



(d)) the realisation of the tasks connected with the enforcement people other

property rights of the statutory release or by delivery (§

320 o. s. l.),



(e)) and its compulsory inspection of rooms, cabinets and other

mailboxes (section 325a o. s. l.),



(f) an inventory of the movable property) (Section 326 of the row.)



g) sale of goods that are perishable, outside the auction (§ 326b o. s. l.),



h) ensuring written things (section 327 of the row.)



I) designation to cover things that have not been secured (section 327 (3).

row.)



j) estimation of composed of movable assets, was not a party to the action (section 328 of the connoisseur.

row.)




to cover things in the sale) auction (§ 328b o. s. l.),



l) release the proceeds of sold things authorized or other creditors,

where appropriate, the composition of the proceeds in court (§ 331 and 331a o. s. l.),



m) edition of the collected money to the creditor or their composition in court (§

333 o. s. l.),



n) selection of sums recovered from passbook or similar to other forms of

deposit and acts necessary for the exercise of the rights of the certificates of deposit, shares,

Bill of Exchange, cheque, another documentary securities or other instruments, whose

the submission is to be to the application of the law (§ 334 of the row.)



o) acts needed to monetize written book-entry and

immobilized securities (§ 334a o. s. l.),



p) eviction of real estate, buildings, apartments and other rooms, submission

vacated or zletilému National Affairs of his household,

passing things for safekeeping the village vacated, or other appropriate

depositories, store the key from the Housing Authority, municipality or refunds in court,

the sale of unclaimed goods and the distribution of the proceeds of this sale (§ 340-

344. row),



q) remove movable items with all of these, the debtor, or

a person who is willing to go, and their submission to the creditor (section 345 of the.

with row.)



r) tasks connected with the realization of the sale of movable property under section

348 o. s. l.,



with operations aimed at restoring) the previous State pursuant to § 351a o. s. l.,



t) inventories of goods under paragraph 672 of paragraph 1. 2 of the civil code (hereinafter referred to as "identity.

z.").".



17. in paragraph 49, at the end of the text of paragraph 4, the words "or

If the document is served when the Act ".



18. In the ninth for the section heading of the second following new section 49a, which

including the title reads as follows:



"§ 49a



Preparation of performance



If it is due to the persons of the participants appropriate higher court official or

the court clerk will invite an authorized to give your bank account number, the

that is to be sent monetary amount obtained performance. Dotázáním on

asset management discovers the movable property the debtor (e.g. Securities

and motor vehicles). ".



19. in paragraph 51, at the end of paragraph 1, the following sentence "the inventory is not performed,

If it is on the site undoubtedly demonstrated that these things do not belong

compulsory. ".



20. In article 53 paragraph 1 reads:



"(1) upon completion of the inspection door must be locked and the keys again

the Castle passed to the persons concerned, or stored at another suitable place

obtainable for these people. About where you can pick up the key, you must

be given to the person concerned. ".



21. in § 56 paragraph 5 is added:



"(5) if the written thing that pursuant to section 321 and 322 of the row is not subject to

enforcement of a decision or to which it applies the right of not admitting of performance

the decision of the third person may be excluded from an inventory of executor,

with the consent of the creditor in whose favour it has been drafted. The executor

such a thing from an inventory excludes also the proposal authorized. ".



22. In article 59 paragraph 2. 1 the word "Crowns" is replaced by "Eur".



23. in section 59, the following paragraph 4 is added:



"(4) if the same thing written in favor of more claims that are

recovered in enforcement and in execution, the performs the auction a higher court

the clerk or bailiff for the claimant, whose claim is the first

in the order, and the proceeds shall decide by resolution. Decisive for the

specify the order of execution of a decision on the matter is the filing date of the application for

Regulation of the enforcement of decisions (article 332, paragraph 1, of the row) and the execution date

the release of order execution of the sale of movable property of the debtor. ".



24. in paragraph 22 of section 59d is added to read as follows:



"§ 59d



(1) if in the auction sold movable thing that has stopped, detained

or converted to ensure the commitment of the debtor for the benefit of his creditors

(section 331a of the row), the Court shall invite the creditor to prove its instrument of

the law of movable property and the date of this right (article 332, paragraph 2, of the row).



(2) the proceeds from the sold thing on which this right was at a standstill,

the Court resolution. ".



25. section 68 and 69 including the following titles:



"§ 68



Enforcement of decisions concerning custody of a minor child



(1) the enforcement of decisions on custody of a minor carried out timetable

the work specified by the bailiff, which can be determined by the President of the Court

and the higher the clerk, the Registrar or the Assistant judge.



(2) further details the enforcement of decisions concerning custody of a minor child

modifies the instructions of the Minister of Justice.



§ 69



The performance of the decision on the recognition of common dwellings and nenavazování

contacts with authorized



(1) the performance of the decision on the recognition of common dwellings and nenavazování

contacts with authorized work schedule specified performs the bailiff,

Senior court clerk, court clerk or Assistant judge (hereinafter referred to as

"judicial authority"). If the circumstances of the case require the execution outside

working hours of the Court, then the Act take place directly by the judge that such

interim measures ordered.



(2) the enforcement of an interim measure that required temporarily left the

the common dwelling, as well as its immediate surroundings, or to refrain from

meeting with a person whom the Court described in the resolution, and nenavazoval

contacts with it (article 76b), shall be made so that the executor on the basis

decision on interim measures, in cooperation with the competent national

authorities shall recognise the compulsory from the common dwelling, removes all keys

from the common dwelling, which required holding, and saves them in court; where appropriate, the

on the basis of the interim measures decision disables the mandatory meeting

with the person tagged or otherwise contact you. The judicial authority at the same time

shall provide to the debtor the opportunity to get directly in the performance of

the decision from the common dwelling and personal valuables

documents, as well as things that used his personal need; during the duration of

the preliminary measures then the debtor will allow to pick up things necessary to

the exercise of the business activity or profession,

Once, not repeatedly. True must be on the implementation of the Act

informed in advance. When you pick up things the compulsory judicial authority must be

present.



(3) if the debtor in enforcement present, shall inform the

executor zanechaným on the door of the joint announcement of the dwelling of the statutory

about the right to request the duration of the provisional measure of pick-up from the top

the listed things. ".



26. paragraph 75:



"§ 75



(1) discovery in the central register of wills, led by the Chamber of Notaries

The Czech Republic (hereinafter referred to as the "Chamber") under section 175c of the row.

a court Commissioner.



(2) a document on the outcome of the survey dated and signed copy

a court Commissioner or his authorized worker for inclusion in the case file. ".



27. in paragraph 76, paragraph 1 reads:



"(1) if the examination under section 175c of the row that the testator

He left a will, an instrument of disinheritance, the instrument of revocation of such acts

the instrument of the provisions of the administrative heritage, the instrument of appeal provisions

the administrator or the administrator issued the heritage of the instrument of withdrawal of consent with the

the provisions of the heritage Manager feature of the testator [hereinafter referred to as "last will and Testament

(Charter on the administration of heritage) "], a court Commissioner finds its condition and content,

If it is saved, otherwise the implementation of this Act shall request the notary or

the Court, in which a will is saved. ".



28. in § 76 para. 2 and 3, the words "will," "will," wills "

the words "(Charter on the administration of heritage)".



29. in § 77 para. 1 to 3, after the words "will", "wills" the words

"(the instrument of managing heritage)".



30. In § 78 para. 1 and 2, after the words "will," "will," wills "

the words "(Charter on the administration of heritage)".



31. in paragraph 79, the words "will", "wills", the words "(the instrument of

manage heritage) ".



32. In article 80, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



33. In paragraph 90, the last sentence shall be deleted.



34. In paragraph 93, the following paragraph 3 is added:



"(3) by prior agreement with the Court, a notary may proposals referred to in

paragraphs 1 and 2 to transmit in electronic form with only one written

copy. ".



35. In section 96a, the following paragraph 4 is added:



"(4) the Commissioner in connection with the liquidation of heritage stores resources

realisation of the assets of the testator obtained by selling out to the special auction

the account of the Court. ".



Article. (II)



The effectiveness of the



This Decree shall enter into force on 1 January 2000. September 7, 2007.



Minister:



JUDr. Pacheco v. r.