Complaint against the Resolution of the High Court
1. General Information
A complaint is an ordinary remedial measure against a resolution. However, a complaint is not admissible against all resolutions. Generally, a complaint is admissible, among other things, against resolutions of the court and the public prosecutor in cases where the Code of Criminal Procedure explicitly allows it.
The Supreme Court hears complaints against resolutions of the High Courts (e.g., regarding custody, exclusion of a judge from deciding a case), or against resolutions of the Prosecutor General.
At the Supreme Court, complaints against such resolutions are dealt with under the Tvo agenda.
2. Who May File the Complaint
A complaint against a resolution may be filed by the person directly affected by the resolution, i.e., the one whose rights and obligations have been determined in the resolution. Typically, this would be the accused, but it can also be a person entitled to file an appeal in favour of the accused. Additionally, it may be a person on whom a court has imposed a procedural fine in the criminal proceedings, or the public prosecutor, who is entitled to file a complaint either in favour of or against the person affected by the resolution.
In proceedings concerning juveniles, a complaint may also be filed by the authority for the social and legal protection of children, a direct relative of the juvenile, their sibling, adoptive parent, spouse, or partner.
3. Where to File the Complaint and the Time Limit for Filing It
A complaint must be filed with the authority whose resolution is being contested (i.e., the High Court or the Prosecutor General).
The complaint must be submitted within 3 days from the notification of the resolution. If the resolution is notified not only to the accused but also to their defence counsel or statutory representative, the time limit starts to run from the date the resolution is notified to the last of these individuals.
4. Proceedings on the Complaint against the Resolution
The authority with which the complaint is filed may uphold it if the change of the original resolution does not affect the rights of another party in the criminal proceedings.
If the time limit for filing a complaint has expired for all parties, and the authority whose resolution is being contested does not uphold the complaint itself, the President of the Panel of the High Court or the Prosecutor General will submit the complaint and the case file to the Supreme Court.
5. Decision on the Complaint against the Resolution
The Supreme Court first reviews the accuracy of all parts of the contested resolution and the proceedings preceding the resolution against which the complaint has been filed.
The Supreme Court will dismiss the complaint if it is inadmissible, filed late, filed by a person who is not entitled to do so, or if the person waived the right to file a complaint, or if the complaint is unfounded.
Conversely, if the Supreme Court finds the complaint justified, it will annul the contested resolution and either decide the case itself or order the authority who issued the resolution to reconsider the matter and issue a new decision or to complete any missing or incomplete part of the resolution.
No remedial measure is admissible against the decision of the Supreme Court on the complaint.
Relevant Legislation:
- Act No 141/1961 Coll., the Code of Criminal Procedure, as amended
- Constitutional Act No 1/1993 Coll., Constitution of the Czech Republic, as amended
- Resolution No 2/1993 Coll., on the Declaration of the CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS as a Part of the Constitutional Order of the Czech Republic, as amended
- Act No 6/2002 Coll., on Courts, Judges, Lay Judges and State Administration of Courts and on the Amendment of Certain Other Acts (Act on Courts and Judges), as amended