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Načítavání obsahu
Načítavání obsahu
Summons, Compelled Attendance, Banishment and Disciplinary Fine
SUMMONS
COMPELLED ATTENDANCE
BANISHMENT
DISCIPLINARY FINE
According to the Administrative Code, the Summons is used to ensure the appearance of persons involved in an administrative act, when their personal attendance is needed. People are usually summoned for a hearing, or to provide an explanation1.
The Summons requires to be in written form, and must be delivered in good time, into the hands of the person being summoned. If the summoned person is represented by a legal representative, the summons must be delivered to him/her also.
If the persons summoned cannot appear at the given place for a serious reason, they have to file an apology, explaining the reason.
Such an apology must be delivered to the Ministry of the Interior in a good time, and must be properly grounded. This means, that it must be substantiated by specific reasons. The person may be additionally asked, to provide evidence for the stated reasons. If a person fails to appear without apologizing, or giving a good reason for it, s/he may be charged a Disciplinary Fine of up to CZK 50.000 by the Ministry of the Interior. In certain instances, the administrative proceedings on the application may even be suspended.
The Ministry of the Interior may impose a Disciplinary Fine of up to CZK 50.000 on a person, who does not appear on the summons, without providing an apology or a good reason for such failure. In certain instances, the administrative proceedings on the application may even be suspended.
Compelled Attendance is an instrument used by the Ministry of the Interior, conveying a person (applicants for a residence permit are exempt) who has not appeared on the summons without having provided a suitable apology or reasonable grounds for the failure, to attend for the performance of a necessary procedural act with the objective of completing the proceedings1.
The Ministry may compel an attandance, when the summoned persons have not provided a suitable apology for their failure to attend, or the Ministry ascertains, that their apology is a sham, and there is reason to suspect that the persons will attempt to avoid appearing on a further summons.
In such an instance, the administrative body may issue a Resolution, based upon which the participants or witnesses in the proceedings can be compelled to attend. A written Resolution on Compelled Attendance is not delivered by the common mail service. Instead, it is served by the Police of the Czech Republic, who effect the transport of the person in question. The person who has been served with a Compelled Attendance Resolution, can file a Remedy against it within 15 days of its receipt. However, the act of having filed the Remedy has no effect on the suspension, and the Resolution remains enforceable. The Remedy does not protect the person from being transported to attend the proceedings, for the fulfillment of the procedural act.
Banishment from the place where an administrative act is being performed, is a legal instrument, the purpose of which is to ensure the smooth continuation of a procedure. It is imposed on a person who disrupts the order during oral proceedings, or during another administrative act, and who having been reprimanded, does not stop making trouble1.
Banishment is, by its nature, declared orally in the form of a Resolution. During its declaration, it has to be recored in writing in the case file. The legal effect of such a Resolution is immediate, from the moment it is declared.
If the persons who have been banished from the room or office, do not waive from a delivery of a written Decision on their matter, which also has to be noted in the case file, the Ministry of the Interior has a duty to issue a written Decision on it.
The banished persons are instructed as to the consequences of their not having left the room or office once they have been banished from it. This means, that they may be forcibly removed from the room or office by the police, or a disciplinary fine may be imposed on them.
A Disciplinary Fine is another instrument, to ensure the smooth running and result of administrative procedings.
A Disciplinary Fine can be imposed, for example, if the person in question does not appear on the summons, without providing an apology or a good reason for such failure, or if s/he, in spite of having been reprimanded, continues to disrupt the order of a procedure, or refuses to follow the instructions of an official person.
A Disciplinary Fine can also be imposed on a person, who makes an abusive or offensive proposal, or files an application in such terms. It is possible to lodge an Appeal against a Disciplinary Fine Award, which has the effect of suspending the penalty1.