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Summons, Presentation, Banishment and Disciplinary fine

 

 Česky

1. Summons (see Section 59 of the Administrative Procedure Code) is one of the means by which to ensure the presence of a person involved when personal participation is necessary. Typically, therefore, it is necessary to summon a person with whom an interview should be conducted or who should give an explanation.  

A summons must always be in writing and must be delivered with sufficient advance warning into the hands of the addressee. A summons must be delivered directly to the person whose presence is required at a relevant act as an interviewee or as a person giving explanation. If this person has a legal representative, the summons must also be delivered to him/her.
 
In addition to the basic appurtenance, a summons must always also contain due advice on the consequences of failure to appear, which may be a disciplinary fine or presentation, and also, in the case of an applicant for residence, rejection of the application. In view of the nature of the residence agenda, component to the summons is also information and guidance of the parties on the language of proceedings and of the right to an interpreter.
 
If the person summoned is unable to appear at the place intended for serious reason, he/she is obliged to excuse him/herself (by any means) without delay, supplying reasons.  
 
2. Presentation (Section 59 of the Administrative Procedure Code) as a further means of ensuring the course and purpose of proceedings is used by the MOI CR if the summoned person fails to appear when summoned without reasonable excuse or without good reason. The excuse must therefore be reasonable and it depends on the objective assessment of the MOI CR whether it accepts the excuse as reasonable (particularly with regard to its plausibility, documents submitted supporting its plausibility etc.). An excuse may be provided subsequently in case the person in question was prevented from excusing him/herself in good time, if reasonable grounds for this exist.   
 
If the summoned person fails to excuse him/herself without serious reasons, or if the MOI CR establishes that the excuse had an ulterior purpose and reasonable suspicion exists that the person in question intends also to avoid a further summons, this person may be presented. A resolution is issued and delivered to the authority responsible for presenting the person (Foreign Police Service of the Police of the Czech Republic). The resolution to present is not delivered to the presented person in the standard way, but directly by the persons performing the presentation.
  
The person presented may submit a legal remedy against the presentation resolution order within 15 days of its delivery. The legal remedy, however, does not have the effect of deferral, and so has no influence on the enforcement of the resolution and does not prevent from being presented and performance of the act for which the person is being presented.    
 
3. Another instrument for achieving the continuance and purpose of the proceedings is a disciplinary fine which is defined in Section 62 of the Administrative Procedure Code.     
 
The summons contains as standard information on the MOI CR’s power to impose a disciplinary fine of up to CZK 50 000, if the person in person fails to appear on a summons without excusing him/herself or without good reason. The basic precondition for the MOI CR imposing a fine is that, by his/her actions, – failure to appear on a summons – the person in question seriously complicates the administrative authority’s procedure. A disciplinary fine may also be imposed on a person who, having been cautioned, disrupts order or fails to obey the instructions of an official. A disciplinary fine may be imposed on a person giving a grossly insulting submission. An appeal may be made also against the decision to impose a disciplinary fine, and in this case, appeal has the effect of deferral. 
 
4. Banishment from the place of the performance of an action is an institute defined in Section 63 of the Administrative Procedure Code, the purpose of which is to ensure problem-free continuance of a performed act against a person who by disorderly conducts disturbs the order during an oral hearing or another action and who does not refrain from disruptive behaviour having been cautioned. 
 
Banishment is, due to its nature, to be pronounced orally, being a resolution which is pronounced orally and is recorded in a report which is drawn up regarding the act. The resolution enters into legal effect on its pronouncement. If the banished person does not surrender his/her right to delivery of a written copy of the resolution, a record of which is put on record, the MOI CR must subsequently draw up the resolution in writing. If, although surrendering his/her right to delivery of a written copy of the resolution, the banished person requests a written confirmation that the resolution was issued orally, the MOI CR shall issue such a confirmation.
      
The MOI CR will inform the person being banished of the consequences of failure to obey the call to leave the office, which may be banishment performed by the police or a disciplinary fine under Section 62(1)(b) of the Administrative Procedure Code.

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