218/2009 Sb.
LAW
of 22 March. June 2009,
amending the Act No. 99/1963 Coll., the code of civil procedure, as amended by
amended, and certain other laws
Modified: 17/2012 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
To change the code of civil procedure
Article. (I)
Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967
Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975
Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991
Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993
Coll., Act No. 171/1993 Coll., Act No. 114/1994 Coll., Act No. 152/1994
Coll., Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995
Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995
Coll., Constitutional Court declared under no. 31/1996 Coll., Act No.
142/1996 Coll., the Constitutional Court declared under no. 269/1996 Coll.,
Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll.,
Act No. 91/1998 Coll., Act No. 167/1998 Coll., Act No. 326/1999 Coll.
Act No. 360/1999 Coll., the Constitutional Court declared under no.
2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.
46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.
155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.
227/2000 Coll., Act No. 367/2000 Coll., Act No. 366/2000 Coll., Act No.
120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.
273/2001 Coll., the Constitutional Court declared under no. 276/2001 Coll.
Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.
Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Coll.
Act No. 229/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.
Constitutional Court declared under no. 476/2002 Coll., Act No.
88/2003 Coll., Act No. 120/2004 Coll., the Constitutional Court declared
under Act No. 153/2004 Coll., Act No. 235/2004 Coll., Act No. 256/2004 Coll.,
Act No. 340/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll.
Act No. 561/2004 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll.
Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No. 205/2005 Coll.
Act No. 216/2005 Coll., Act No. 340/2005 Coll., Act No. 377/2005 Coll.
Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll.
Act No. 57/2006 Coll., Act No. 79/2006 Coll., Act No. 112/2006 Coll.
Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll.
Act No. 135/2006 Coll., Act No. 135/2006 Coll., Act No. 189/2006 Coll.
Act No. 216/2006 Coll., Act No. 233/2006 Coll., Act No. 262/2006 Coll.
Law No 267/2006 Coll., Act No. 309/2006 Coll., Act No. 315/2006 Coll.
Act No. 296/2007 Coll., Act No. 104/2008 Coll., Act No. 123/2008 Coll.,
Act No. 126/2008 Coll., Act No. 129/2008 Coll., Act No. 259/2008, Coll.,
Act No. 274/2008 Coll., Act No. 297/2008 Coll., Act No. 305/2008 Coll.,
Act No. 384/2008 Coll. and Act No. 7/2009 Coll., is amended as follows:
1. In section 35 para. 1, the following point (f)), the following new paragraph (g)), which read as follows:
"(g) the determination of dates of birth) or the death of a natural person".
Subparagraph g) to (n)) shall become letters (h)) to o).
2. In section 35 para. 3 the words "and i)" shall be replaced by "and (j))".
3. In section 35 para. 4, the words "and g)" shall be replaced by "and (h))".
4. In article 38 paragraph 2. 2, after the words "in accordance with § 175f para. 2 "the words
"the sentence of the first part after the semicolon".
5. In article 40, paragraph 3 reads:
"(3) a transcript of the record or part thereof is taken, unless there are serious
the reasons determined by the Court. A transcript of the record or part thereof is taken always, if
an ordinary or an extraordinary appeal on the merits. The second sentence
shall not apply, unless the Court of first instance shall decide on the refusal of the appeal
under section 208 paragraph. 1 or if it was taken the log. ".
6. section b is added:
"section 40b
(1) any dispute or other legal things leads file in paper or in
electronic form. The conditions of management lays down detailed legal
prescription.
(2) unless otherwise provided by law, on paper drawn up by the Act of the Court
signed by the President of the Chamber or the one who on behalf of the President of the Senate
or according to the law. Copy shall be made out, if it is
should be; details provided by the implementing legislation.
(3) unless otherwise provided by law, drawn up by the Court shall affix the Act electronically
President of the Chamber or the one who on behalf of the President of the Chamber, or by
the law has made his advanced electronic signature based on a
the qualified certificate issued by an accredited provider
certification services (hereinafter referred to as "recognised electronic signature") or
electronic marker based on a qualified system
a certificate issued by an accredited certification service provider
services. ".
7. In paragraph 48, the following paragraph 4 is added:
"(4) if Delivered by postal services,
copies of decisions and other court documents in paper form can
be prepared with the concurrence of the operator; details
such a procedure, lays down implementing legislation. ".
8. In article 50a shall be inserted after paragraph 1:
"(1) A natural person shall be authorized to accept the document to the person to whom the
the addressee authorized on the basis of a written power of attorney granted before
the provider of postal services. ".
Paragraphs 1 to 4 shall be renumbered 2 to 5.
9. in section 74 para. 2 the second sentence, the words "; applicant means the
a person whose life, health, freedom or human dignity are
the conduct of the person against which the proposal, seriously compromised "
shall be deleted.
10. In section 74 para. 4, the words "and 76b" are deleted.
11. In paragraph 74, the following paragraph 5 is added:
"(5) the decision on the application for interim measures pursuant to § 76b is
the District Court in whose district the is or has been a House, apartment, room
or other space inhabited by the applicant (together hereinafter referred to as "the common
dwelling ").".
12. in section 75, paragraph 3, the following paragraph 4 is added:
"(4) the application for interim measures pursuant to § 76b must contain
In addition to the General requirements (section 42 (4)) name, surname and place of residence
the participants, or their representatives, and the account of the relevant
facts justifying an interim measure ".
The current paragraph 4 shall become paragraph 5.
13. in section 75b para. 1, the amount "Eur 50000" is replaced by "Eur 10000"
and the amount of "EUR 100" is replaced by the amount of "$ 50,000".
14. In article 76b paragraph 1 reads:
"(1) if the conduct of the participant, against which the proposal is directed, serious
way at risk the life, health, freedom or human dignity
the petitioner, the President of the Senate of the provisional measure saves the participant,
against which the proposal aims, in particular, to
and common dwellings) has left, as well as its immediate surroundings,
in the joint dwelling did not speak or enter into it,
(b) enter into the immediate vicinity of) common dwellings or
the appellant and there will be no delays,
(c) refrain from meeting) by the applicant, or
(d)) to monitor and restrain unwanted harassment plaintiff in any
way. ".
15. In article 76b paragraph 4 is added:
"(4) If before the expiry of the period referred to in paragraph 3, the procedure
on the merits, the President of the Senate on the proposal of the applicant decide on the
extend the duration of the provisional measures. The provisions of section 75 para. 4
shall apply mutatis mutandis; the proposal to extend the duration of the preliminary
the measures must also include a summary of the facts
justifying the prolongation of the duration of the provisional measures, the
property or other circumstances, including property and other relations to
a joint dwelling. When making its decision, the Court shall take into account, in particular,
the duration of a State of emergency of the claimant in accordance with paragraph 1, the content of and reasons for the
submitted by the document instituting the proceedings on the merits, property or other
the ratios of the participants, including property and other relations to the joint
the dwelling, which is covered by the injunction, and other applicable
the circumstances. The injunction will be retired by the end of the 1 year of
time of its regulation. If the claimant fails to demonstrate its assets or
other ratios, including property and other relations to the common dwelling,
the Court may extend the duration of the provisional measures only on the grounds
Special lodging ".
16. In article 76b para. 5 after the word "regulation" is a reference to a note below the
line no. 33 c.
17. in section 76 c of paragraph 1. 1, the second sentence is replaced by the phrase "if it is not
followed by the first sentence, the Court delivered a resolution on regulation
interim measures pursuant to § 76b to the parties in the implementation of its
performance (§ 273b, paragraph 2, first sentence). ".
18. In paragraph 88, the letter f) the following new paragraph (g)), which read as follows:
"(g)) in whose area is the seat of the registry office, which reported to the Court that cannot be
to determine the date of birth or date of death of the natural person ".
19. in paragraph 88, the letter o) repealed.
Subparagraph g) to (n)) shall become letters (h)) to o).
20. In article 89, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph
1.
21. in section 102 paragraph. 3, the words "paragraph 75. 2 and 4 "shall be replaced by" paragraph 75.
2, 4 and 5 ".
22. in paragraph 158, at the end of paragraph 1, the following sentence "the judgment shall
be drawn up in the form in which it is kept in the file. ".
23. in section 175zd shall be added to § 175ze, including footnote
# 69a is added:
"§ 175ze
In the management of heritage has designated the notary for purposes of obtaining remote
access to computer files which are kept by cadastre data
real estate, the position of the organizational units of the State ^ 69a).
69A) § 22 para. 5 of law no 344/1992 Coll., on the real estate of the Czech
Republic (Act), as amended. ".
24. In paragraph 185 g of paragraph 1. 1 the words "three years" after the words "signs to"
shall be replaced by "1 year".
25. the following section is inserted after section 194 194a, including title and notes
line no. 69b:
"The process of determining the date of birth or death
section 194a
(1) the court proceeding on the basis of a notification to the Registrar, under the Special
^ law 69b). It is to be determined in the proceeding the date of death of the physical
the person, the Court will appoint a guardian to the dead.
(2) the Court decree or some other appropriate means anyone who asks know
circumstances, from which you can determine the date of birth or death of the natural person
or that such a finding could lead to handing them within the time limit
two months from the publication of the Decree, the report of the Court. The Court also performs
all the investigations necessary to determine the date of birth or death of a physical
of the person.
(3) the Court in the Decree shall state the essential facts of the case and announce that after
expiry of the period referred to in the Decree shall determine the date of birth or death of a physical
of the person. In the decree it is necessary to indicate the date when the period expires.
(4) after the expiry of the period referred to in the Decree the Court resolution, in which the
Specifies the day that pays for the date of birth of the natural person or the date on which
pay for a day of the death of a natural person.
(5) if it is established subsequently that the actual date of birth or death is
different from the date specified in the decision referred to in paragraph 4, corrects Court
a day that is set out in its decision or its decision to revoke the
the design of the person on such change proves a legal interest. The Court may thus
without design.
69b) § 17 and 22 of law No. 301/2000 Coll., on the civil registry, the name and surname and
amending certain related laws. ".
26. in paragraph 1 of section 273b:
"(1) if the Court Ordered interim measures pursuant to § 76b para. 1, power
This decision shall provide, without delay, always the Court of first instance. ".
27. in section paragraph 273b 2, after the words "personal valuables and Word
"personal."
28. in section at the end of the text 273b paragraph 2, the words ", where appropriate,
the things necessary from another serious reason ".
29. in paragraph after paragraph 2 273b the following paragraph 3 is added:
"(3) the enforcement debtor also shall invite the Court to
the Court said the address to which it will be possible for the duration of the preliminary
the measures serve documents, or to choose a representative for the
delivery of documents and notifies him that the document will be delivered to him
saving in court, if the call fails to comply within a prescribed period. Court
at the same time notify the debtor of the consequences of non-compliance with the obligations laid down
in the provisional measures referred to in § 76b. ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
30. In paragraph after paragraph 4 273b following new paragraphs 5 and 6, which
shall be added:
"(5) breach of a mandatory after the enforcement referred to in paragraph 2
the obligation to enter into a joint dwelling and do not stand in it, the Court
at any time and without delay to the proposal authorized performs the re-performance
mandatory reporting of decisions from the common dwelling.
(6) Violate a mandatory obligation not to enter into the immediate vicinity of
common dwellings or authorized and do not stand in it, or
the obligation to refrain from meeting with a legitimate, or refrain from unwanted
monitoring and harassment authorized by any means, the court orders on
the proposal authorized enforcement pursuant to § 351. ".
The present paragraph 5 shall become paragraph 7.
31. the following section is inserted after section 304a 304b, including footnotes.
80 c is inserted:
"section 304b
(1) the prohibitions referred to in § 304 paragraph 1. 1 and 3 do not apply to cash
resources in the amount of twice the income of an individual by
special legal regulation ^ 80 c). If one has a financial institution
mandatory multiple accounts, the first sentence shall apply only for one of these accounts.
(2) the payment of the principal of the funds referred to in paragraph 1 shall notify the
cash Department of the Court, who ordered the execution of the decision.
80 c) Law No 110/2006 Coll., on life and the subsistence minimum, as amended by
amended. ".
32. In article 322 paragraph. 2 (a). (d)), the words "of CZK 1 000 ' is replaced by
"corresponding to twice the income of the individual under the Special
^ law 80 c) ".
33. In article 322 paragraph 4 the following paragraph 5 is added:
"(5) the enforcement of a decision or execution are excluded or non-residential apartments
rooms and houses with apartments or non-residential premises, unless in the cadaster
property owner's statement, and inserts it in cases where the
such flats or non-residential spaces shall have the right to the exclusive acquisition
property of the person under section 23 and 24 of Act No. 72/1994 Coll., which
regulate certain co-ownership to buildings and certain ownership
relations to flats and non-residential spaces, and complement some laws (law on
ownership of the flats), as amended. ".
The present paragraph 5 shall become paragraph 6.
34. In article 338c, the following paragraph 3 is added:
"(3) the enforcement of a decision or execution are excluded or non-residential apartments
rooms and houses with apartments or non-residential premises, unless in the cadaster
property owner's statement, and inserts it in cases where the
such flats or non-residential spaces shall have the right to the exclusive acquisition
property of the person under section 23 and 24 of Act No. 72/1994 Coll., which
regulate certain co-ownership to buildings and certain ownership
relations to flats and non-residential spaces, and complement some laws (law on
ownership of the flats), as amended. ".
35. In section 338g, the following paragraph 4 is added:
"(4) the enforcement of a decision or execution are excluded or non-residential apartments
rooms and houses with apartments or non-residential premises, unless in the cadaster
real estate the United States inserted owner's statement, in
cases where such flats or non-residential spaces shall have the right to
the acquisition of the exclusive property of the person under sections 23 and 24 of Act No. 72/1994
Coll., to regulate certain co-ownership to buildings and
some matrimonial property regimes to flats and non-residential spaces and complement
Some laws (the law on the ownership of flats), as amended
regulations. ".
36. In section 374a is at the end of the letters e) dot replaced with a comma and the following
(f)), which read as follows:
"(f) details of the procedure for drawing up) and delivery of copies
the decision of the Court and other documents in paper form with the concurrence of
postal service. ".
PART TWO
Amendment of the Act No. 7/2009 Coll., amending Act No 99/1963 Coll.,
Code of civil procedure
Article. (II)
In the first article. (II) Act No. 7/2009 Coll., amending Act No.
99/1963 Coll., the code of civil procedure, as amended, and other
related acts, in point 8 of part after the semicolon sentence including
the semicolon is deleted.
PART THREE
Amendment to the criminal procedure code
Article. (III)
In section 62 of Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure),
as amended by law No 178/1990 Coll., Act No. 563/1991 Coll., Act No.
292/1993 Coll., Act No. 29/2000 Coll., Act No. 265/2001 Coll., Act No.
274/2008 Coll., Act No. 301/2008 Coll., Act No. 457/2008 Coll. and act
No 41/2009 Coll., the following paragraph 3 is added:
"(3) if the authority delivers the active in criminal proceedings document
through the mail, can be such a document drawn up for her
synergy; the details of such procedure, establishes the Ministry of
Justice by Decree. "
PART FOUR
Amendment of the Act No. 279/2003 Coll., on ensuring the performance of assets and goods in
criminal proceedings
Article. (IV)
In section 3, paragraph 3. 1 (b). e) Act No. 279/2003 Coll., on ensuring performance
property and things in criminal proceedings and on amendments to certain laws, the words
"$ 100" is replaced by "double the subsistence level set by the
under special legislation on the person of the accused ".
PART FIVE
Amendment of the Act No. 283/1993 Coll., on the public prosecutor's Office
Article. In
In section 12j para. 3 (b). and) of the Act No. 283/1993 Coll., on the State
the Prosecutor's Office, as amended by Act No 342/2006 Coll., on the end of the text point
7, the words ", where appropriate, the address to which they are to be delivered
documents under a special legal regulation ".
PART SIX
Amendment of the Act No. 13/1993 Coll. Customs law
Article. (VI)
In section 51b para. 3 (b). and Act No. 13)/1993 Coll., the Customs Act, as
Act No 342/2006 Coll., on the end of the text of point 7, the words ",
where appropriate, the address to which the documents are to be delivered by
special legal regulation ".
PART SEVEN
cancelled
Article. (VII)
cancelled
PART EIGHT
Amendment of the Act No. 257/2000 Coll., on probation and mediation service
Article. (VIII)
Under section 5a paragraph 2. 3 (b). and) Act No 257/2000 Coll., on probation and mediation
service and amending Act No. 2/1969 Coll., on establishment of ministries and other
Central Government authorities of the Czech Republic, as amended
the provisions of Act No. 65/1965 Coll., the labour code, as amended
regulations, and Act No. 359/1999 Coll. on social and legal protection of children
(the law on probation and mediation service), as amended by Act No 342/2006 Coll.
at the end of the text of paragraph 7, the words ", where appropriate, address to the
you have to be served documents according to a special legal
prescription ".
PART NINE
Amendment of the Act No. 153/1994 Coll., on the intelligence services of the Czech Republic
Article. (IX)
In section 11a. 3 (b). and Act No. 153)/1994 Coll., on the news
services Czech Republic, as amended by Act No 342/2006 Coll. and Act No.
250/2008 Coll., the text at the end of paragraph 7, the words ", where appropriate
the address to which the documents are to be delivered by a special
the legislation ".
PART TEN
Amendment of Act No. 337/1992 Coll., on administration of taxes and fees
Article. X
In § 17 paragraph 2. 5 of Act No. 337/1992 Coll., on administration of taxes and fees, in the
amended by Act No. 29/2000 Coll. and Act No. 7/2009 Coll., in the first sentence
the words "as at the point of delivery," shall be deleted and the second sentence of the
the word ' fifteen ' is replaced by "10".
PART ELEVEN
The EFFECTIVENESS of the
Article. XI
This Act shall take effect on the date of its publication, with the exception of the provisions
the tenth section, which will become effective on 1 January 2004. January 1, 2010.
Vaidya in the r.
Klaus r.
Fischer v. r.
