Removal and Transfer of a Case to Another Court

1. General Information

An application for the removal of a case from the competent court and its transfer to another court is filed in situations where, for important reasons, it is appropriate for the matter to be transferred from the court with local jurisdiction to another court of the same level. This may occur, for example, when the court to which the case is transferred is located in a more convenient location for gathering evidence and securing the participation of persons, or when the case is being heard jointly with another matter, making it more efficient in terms of speed and cost-effectiveness for another court to handle the case. 

At the Supreme Court, applications for removal and transfer of a case are dealt with under the Td agenda.

2. Proceedings and Decision on the Application for Removal and Transfer of a Case

The Supreme Court usually decides based on a submission from a court that is currently hearing the case or upon the application of the accused or another person involved in the proceedings.

The Supreme Court makes such decisions only in cases where it is the nearest jointly superior court to both courts in question, i.e. when these courts fall under the jurisdiction of different high courts.

If the Supreme Court decides to remove the case from the court with local jurisdiction and transfer it to another court, this decision constitutes the local jurisdiction of the court to which the case was transferred.

No complaint is admissible against the decision on the application for removal and transfer of a case.

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