Judiciary of the Czech Republic

It states the main function of courts of law is the protection of rights in a manner defined by legislation, and gives them sole responsibility for determining guilt and administering penalties for criminal offences.

[5] Most of the higher courts are seated in Brno; this is to counterbalance the concentration of power in the capital (pragocentrismus).

While the broad strokes are set out in the Constitution and the Charter of Fundamental Rights and Basic Freedoms,[6] the organization of the judiciary is detailed in the Act No.

This is because laws that are part of the constitutional order are legislative acts of the highest force, their enactment also requires a special majority in the parliament.

Related to this is the power of the court to decide about the conformity with the constitutional order of an international treaty prior to its ratification.

Note that other legal professions exist, not directly involved in court proceedings – notaries (notář) and bailiffs (soudní exekutor).

The Constitution requires a judge to be a graduate of a law school, a person with full integrity (no criminal record) and states the position is incompatible with political functions.

[20][21] In the socialist legal system, law and judges were tools of the state, dedicated to punishment of its enemies.

To be allowed to legally practise law in the Czech Republic, an advocate must first obtain a master's degree from a faculty of law, a prospective advocate must complete 3 years of professional training crowned by passing the bar examination.

[cs 2] In the chapter on preparatory procedure it sets out the role of the bodies involved in criminal proceedings (orgány činné v trestním řízení, namely the police, the public prosecutor and the court) while preparing the prosecution, such as interviewing the witnesses and gathering evidence.

The chapter on court proceedings sets out procedures for criminal charge, trial, and appeal process.

[cs 4] Administrative justice, deals with claims of natural and legal persons, who seek protection from illegal decisions or action of public authorities.

[23][cs 5] Czech president is endowed by the Constitution with extrajudicial power of interfering in criminal proceedings, before, during and after the trial.

In 2013 Václav Klaus gave amnesty to about a third of prisoners disillusioning the public and attracting criticism from many, including senior judges.

In the heart of the controversy appeared stopping of serious fraud cases, when the court proceedings had dragged on for more than eight years.

His critics, on the other hand, argued that he needlessly interrupted delivering of justice in difficult, high-profile cases of serious financial crime, rouge privatisation and corruption.

[29] The report of European Union Agency for Fundamental Rights[30] criticizes the Czech Republic mainly for costs and length of legal proceedings, which is a long-term and endemic problem.

[32] Amnesty International's reports on the state of human rights repeatedly bring up the discrimination against Roma, especially in education.