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Czech Judicial Exam practice questions

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Question 1Integrated role knowledge and Czech legal background

Under Section 153b of the Czech Civil Procedure Code (Act No. 99/1963 Sb., OSŘ), which condition must be met for a civil court to render a default judgment (rozsudek pro zmeškání) against a defendant?

  1. The plaintiff must explicitly petition for a default judgment, the defendant failed without timely and excusable reason to appear at the first hearing, and the summons was duly served into the defendant's own hands Correct answer.
  2. The court issues the default judgment ex officio whenever the defendant fails to attend any hearing, irrespective of whether the plaintiff petitioned for it
  3. The defendant must submit an express written consent agreeing to the entry of judgment by default
  4. The claim must exceed CZK 500,000 and have been vetted by a court-appointed conciliator prior to the hearing

Explanation

Section 153b(1) of the Civil Procedure Code requires that the summons was served into the defendant's own hands with adequate notice, the defendant failed to appear at the first hearing without timely and justified excuse, and the plaintiff who did attend explicitly petitioned for the issuance of a default judgment.

Question 2Integrated role knowledge and Czech legal background

Under Section 114b of the Czech Civil Procedure Code (OSŘ), what is the statutory consequence if a defendant is served with a qualified call to respond (kvalifikovaná výzva) into their own hands and fails to file a written statement with reasons within the designated deadline without excusing themselves?

  1. The defendant is subject only to a disciplinary procedural fine of up to CZK 50,000
  2. It is legally fictitious that the defendant recognizes the plaintiff's claim (fikce uznání nároku), enabling the court to issue a judgment on recognition under Section 153a Correct answer.
  3. The lawsuit is automatically dismissed for failure of procedural conciliation
  4. The court is required to order an oral conciliation hearing before a mediator within 14 days

Explanation

Section 114b(5) of the Civil Procedure Code stipulates that if the defendant does not respond with written factual defense or excuse themselves for serious reasons within the statutory deadline (which cannot be shorter than 30 days), it is presumed by law that the defendant recognizes the claim asserted in the lawsuit, justifying a judgment on recognition (rozsudek pro uznání) under Section 153a(3) OSŘ.

Question 3Integrated role knowledge and Czech legal background

Which of the following matters falls under the first-instance subject-matter jurisdiction (věcná příslušnost) of Czech Regional Courts (krajské soudy) under Section 9(2) of the Civil Procedure Code?

  1. Routine disputes concerning residential lease terminations and rent arrears
  2. Disputes arising from copyright infringements and industrial property rights Correct answer.
  3. Divorce proceedings and child custody matters
  4. Actions for eviction from residential apartments

Explanation

Under Section 9(2)(h) of the Civil Procedure Code (OSŘ), regional courts have first-instance subject-matter jurisdiction over matters concerning copyright protection, industrial property protection, and unfair competition. Ordinary tenancy, divorce, and custody cases fall under district court first-instance jurisdiction.

Question 4Integrated role knowledge and Czech legal background

What is the statutory deadline for a party to file an appeal (odvolání) against a first-instance judgment in Czech civil proceedings under Section 204(1) of the Civil Procedure Code?

  1. Within 8 days of oral delivery at the hearing
  2. Within 30 days from the date of sending the judgment by court registry
  3. Within 15 days from the receipt of the written copy of the judgment Correct answer.
  4. Within two months from the date of final signature by the presiding judge

Explanation

Section 204(1) of Act No. 99/1963 Sb. provides that an appeal must be lodged within 15 days from the delivery of the written copy of the judgment with the court whose decision is being appealed.

Question 5Integrated role knowledge and Czech legal background

Under Section 118b of the Czech Civil Procedure Code, when does statutory concentration of proceedings (koncentrace řízení) occur in contentious first-instance proceedings?

  1. At the end of the preparatory hearing, or upon conclusion of the first court hearing if no preparatory hearing took place Correct answer.
  2. Immediately upon receipt of the statement of defense by the court registry
  3. Only after the presiding judge closes the closing arguments and retires to deliberate
  4. Only if both parties explicitly sign a procedural concentration pact during the hearing

Explanation

Section 118b(1) OSŘ sets out that in matters governed by statutory concentration, parties may assert facts and propose evidence only until the end of the preparatory hearing under Section 114c, or if no preparatory hearing was held, until the end of the first court hearing.

Question 6Integrated role knowledge and Czech legal background

Under Section 241(1) of the Czech Civil Procedure Code, what mandatory representation rule applies when filing an extraordinary appeal (dovolání) to the Supreme Court of the Czech Republic?

  1. The appellant must be represented by an advocate or notary, unless the appellant (or their statutory representative/employee acting for them) holds a university Master's degree in law Correct answer.
  2. No mandatory representation is required if the financial claim is below CZK 1,000,000
  3. Representation by an advocate is mandatory only if ordered by the appellate regional court in its judgment
  4. Any university graduate holding a master's degree in economics or public administration may represent the appellant

Explanation

Section 241(1) and (2) of the Civil Procedure Code requires that the appellant in dovolání proceedings must be represented by an advocate (or notary in certain cases), unless the individual party, or the organ/employee acting for a legal entity, possesses an accredited university master's legal education.

Question 7Integrated role knowledge and Czech legal background

When is an extraordinary appeal (dovolání) in civil matters admissible under Section 237 of the Czech Civil Procedure Code?

  1. Only when the appellate court expressly grants leave to appeal in the dictum of its judgment
  2. Whenever the appellate decision depends on resolving a question of substantive or procedural law on which the decision-making of the Supreme Court has diverged, is not yet resolved, or should be decided differently Correct answer.
  3. Whenever the appellant alleges subjective unfairness or disagrees with the first-instance evaluation of witness testimony
  4. In all civil disputes where the amount in dispute exceeds CZK 20,000 without exception

Explanation

Section 237 OSŘ defines admissibility: dovolání is admissible against an appellate decision if the decision depends on solving a legal question that has not yet been resolved by the Supreme Court, has been resolved differently by the Supreme Court, or if the Supreme Court should decide the question differently from its existing settled jurisprudence.

Question 8Integrated role knowledge and Czech legal background

Under Section 14(1) of the Czech Civil Procedure Code, what constitutes grounds for the disqualification of a judge (podjatost soudce) in civil proceedings?

  1. Any previous ruling against a party in an unrelated lawsuit handled by the same judge
  2. A reasonable doubt as to the judge's impartiality given their relationship to the matter, the parties, or their representatives Correct answer.
  3. The judge possessing specialized scholarly publications on the contested legal topic
  4. The judge having served as an arbitrator in an unrelated commercial arbitration ten years ago

Explanation

Under Section 14(1) OSŘ, judges are disqualified if there are grounds to doubt their impartiality in view of their personal or professional relationship to the subject matter of the case, to the participating parties, or to their procedural representatives.

Question 9Integrated role knowledge and Czech legal background

In Czech civil proceedings, what is the principle of 'free evaluation of evidence' (volné hodnocení důkazů) under Section 132 of the Civil Procedure Code?

  1. The judge may admit illegally wiretapped private recordings without procedural review
  2. The judge evaluates evidence at their discretion, considering each piece of evidence individually and all evidence in its mutual interconnection, with reasons articulated in the judgment Correct answer.
  3. The parties are free to determine the evidentiary value of their documents by private contract
  4. Public instruments (veřejné listiny) possess no greater evidentiary weight than unsworn oral hearsay statements

Explanation

Section 132 OSŘ mandates that the court evaluates evidence according to its own conscientious conviction, taking into account each piece of evidence individually and all evidence in their mutual interconnection, while thoroughly explaining its factual reasoning in the judgment under Section 157(2) OSŘ.

Question 10Integrated role knowledge and Czech legal background

Under Section 150 of the Czech Civil Procedure Code, what power does a court have regarding the reimbursement of costs of proceedings (náklady řízení)?

  1. The court is strictly prohibited from deviating from the 'loser pays' rule under Section 142(1)
  2. The court may, for reasons worthy of special consideration (důvody zvláštního zřetele hodné), exceptionally refuse to award procedural costs wholly or partly to the winning party Correct answer.
  3. The court can order the losing party's attorney to personally pay all court fees as a penalty
  4. The court may transfer the obligation to pay costs to the Ministry of Justice automatically

Explanation

Section 150 OSŘ embodies an extraordinary judicial discretion (moderační právo soudu) allowing the court, if there are reasons worthy of special regard (taking into account the social and financial situation of the parties, conduct in litigation, or the nature of the dispute), not to award costs of the proceedings in whole or in part to the successful litigant.

Question 11Integrated role knowledge and Czech legal background

Under Section 172 of the Czech Civil Procedure Code, what is the effect if a defendant files a timely statement of opposition (odpor) against a payment order (platební rozkaz)?

  1. The payment order is cancelled in its entirety and the presiding judge orders a hearing on the merits Correct answer.
  2. The payment order remains valid, but execution is suspended for 90 days
  3. The case is automatically transferred to the regional court for criminal fraud investigation
  4. The plaintiff must file an entirely new lawsuit within 15 days or forfeit the claim

Explanation

Section 174(2) of the Civil Procedure Code explicitly states that if even one of the defendants files a timely statement of opposition, the payment order is cancelled in its full extent and the court shall order a hearing.

Question 12Integrated role knowledge and Czech legal background

Under Section 107a of the Czech Civil Procedure Code, what must occur if a plaintiff assigns their litigated claim to a third party while civil proceedings are pending?

  1. The court dismisses the lawsuit immediately due to loss of active procedural capacity
  2. The plaintiff must move for the assignee to enter the proceedings in place of the plaintiff, and the assignee must express consent to such entry Correct answer.
  3. The assignee automatically becomes a co-plaintiff without any court decision or consent
  4. The defendant possesses an absolute veto right that invalidates the private assignment

Explanation

Section 107a OSŘ provides that if a legal fact occurs after the commencement of proceedings with which the law associates the transfer of a right (such as an assignment of claim), the plaintiff may propose that the transferee enter the proceedings in the place of the existing party; the consent of the entering party is mandatory under paragraph 2.

Question 13Integrated role knowledge and Czech legal background

What is the key procedural distinction between an action for reopening of proceedings (žaloba na obnovu řízení) and an action for nullity (žaloba pro zmatečnost) under Sections 228 and 229 of the Civil Procedure Code?

  1. The action for reopening addresses newly discovered facts and evidence that could not be presented earlier, whereas the action for nullity remedies serious procedural defects striking at fundamental fair trial conditions Correct answer.
  2. The action for nullity is filed exclusively with the Constitutional Court, whereas the action for reopening is heard by the Ministry of Justice
  3. The action for reopening can only be filed by the state prosecutor, while the action for nullity is available only to the winning party
  4. The action for reopening applies only to commercial disputes above CZK 5,000,000

Explanation

Section 228 OSŘ establishes the action for reopening based on new factual circumstances, documents, or evidence that the party could not use without fault. In contrast, Section 229 OSŘ establishes the action for nullity targeting fundamental procedural errors (such as lack of judicial capacity, biased judge, lack of service preventing party participation, or violation of res judicata).

Question 14Integrated role knowledge and Czech legal background

Under Section 2051 of the Czech Civil Code (Act No. 89/2012 Sb.), how may a court exercise its judicial moderation power (moderační právo) regarding an agreed contractual penalty (smluvní pokuta)?

  1. The court may completely cancel the penalty agreement retroactively to the date of execution
  2. The court may reduce a disproportionately high contractual penalty down to the amount of damage actually incurred up to the time of the decision Correct answer.
  3. The court can increase the penalty if the debtor demonstrated intentional bad faith
  4. The court has no legal power to modify private contractual penalty rates under any circumstance

Explanation

Section 2051 of the Civil Code provides that on the motion of the debtor, a court may reduce a disproportionately high contractual penalty, taking into account the value and importance of the secured obligation, but only down to the amount of damage incurred up to the time of the judicial decision.

Question 15Integrated role knowledge and Czech legal background

Under Section 2958 of the Czech Civil Code, how is compensation for personal injury (újma na zdraví) structured, and what guidance assists Czech judges in determining non-pecuniary compensation?

  1. Compensation is determined exclusively by a fixed statutory tariff enacted by government decree with no judicial discretion
  2. Compensation covers physical pain (bolestné) and impairment of social functioning (ztížení společenského uplatnění), guided by the Methodology of the Supreme Court (Metodika Nejvyššího soudu) Correct answer.
  3. Compensation is strictly capped at twenty times the statutory minimum wage
  4. The judge must order the tortfeasor to perform community service in lieu of monetary damages

Explanation

Section 2958 NOZ provides that the tortfeasor shall compensate the victim's physical pain and impairment of social functioning in money, fully redressing non-pecuniary harm. The Supreme Court established the 'Metodika k náhradě nemajetkové újmy na zdraví' as non-binding but authoritative judicial guidelines for point evaluation and percentage assessment of social impairment based on the WHO ICF classification.

Question 16Integrated role knowledge and Czech legal background

Under Section 1729 of the Czech Civil Code, when does a party incur pre-contractual liability (předsmluvní odpovědnost / culpa in contrahendo)?

  1. Whenever a party decides not to enter into a contract after any preliminary informal inquiry
  2. When negotiations reach a stage where concluding the contract appears highly probable, and one party breaks off negotiations without having a legitimate, justifiable reason Correct answer.
  3. Only if the parties had previously signed a formal preliminary contract (smlouva o smlouvě budoucí)
  4. Only if the terminating party was declared bankrupt prior to contract formation

Explanation

Section 1729(1) NOZ establishes that if parties advance contract negotiations to the point where conclusion of the contract appears highly probable, a party acts dishonestly if they terminate negotiations without having a justifiable reason (spravedlivý důvod), making them liable for damages up to the loss of a concluded contract under paragraph 2.

Question 17Integrated role knowledge and Czech legal background

Under Section 72 of the Czech Labour Code (Act No. 262/2006 Sb., zákoník práce), what is the preclusive time limit for an employee or employer to assert the nullity of an employment termination in court?

  1. Within 15 days from the effective date of the termination notice
  2. Within two months from the day on which the employment relationship was supposed to end by the disputed termination Correct answer.
  3. Within one year from the delivery of the written notice
  4. Within three years pursuant to the general subjective limitation period

Explanation

Section 72 of the Labour Code establishes a strict preclusive period: both employee and employer may assert the invalidity of a termination (by notice, immediate cancellation, termination during probation, or agreement) before a court no later than within two months from the date on which the employment relationship was to end.

Question 18Integrated role knowledge and Czech legal background

Under Section 55(1) of the Czech Labour Code, when may an employer exceptionally terminate an employment relationship immediately (okamžité zrušení pracovního poměru)?

  1. Whenever the employee is late to work by more than 30 minutes on two consecutive days
  2. Only if the employee was sentenced by a final judgment for an intentional criminal offense to unconditional imprisonment for longer than one year, or for an intentional offense committed during work to unconditional imprisonment for at least six months, or breached work obligations in an especially gross manner Correct answer.
  3. Whenever the employer's operational turnover drops by more than 20% in a calendar quarter
  4. If the employee refuses to work overtime on a recognized public holiday

Explanation

Section 55(1) of the Labour Code allows immediate termination by the employer only exceptionally if: (a) the employee was sentenced by a final court verdict for an intentional criminal offense to unconditional imprisonment for over 1 year (or at least 6 months if committed during the performance of work tasks), or (b) the employee breached obligations arising from legal regulations relating to work in an especially gross manner (porušení zvlášť hrubým způsobem).

Question 19Integrated role knowledge and Czech legal background

Under Section 757 of the Czech Civil Code, which of the following is a mandatory statutory prerequisite for an undisputed divorce (nesporný rozvod without examining causes of breakdown)?

  1. The marriage must have lasted at least one year; the spouses must agree on post-divorce property and housing, and parents of a minor child need a court-approved agreement on the child's arrangements Correct answer.
  2. The spouses must have undergone at least three court-supervised psychological counseling sessions
  3. Both spouses must be represented by the same joint attorney
  4. The marriage must have lasted at least ten years with no minor children

Explanation

Since 1 January 2026, Section 757 on smluvený rozvod retains the one-year marriage condition and the required agreements on a minor child's arrangements and on property, housing, and any maintenance. Act No. 268/2025 Sb. removed the former requirement that the spouses had lived apart for more than six months.

Question 20Integrated role knowledge and Czech legal background

Under the Czech Act on Special Court Proceedings (Act No. 292/2013 Sb., ZŘS), how do custody and maintenance proceedings regarding minor children differ procedurally from general contentious civil litigation?

  1. The investigative principle (vyšetřovací zásada) applies, allowing the court to ascertain facts and take evidence ex officio beyond party proposals Correct answer.
  2. The court is strictly bound by the factual assertions of the parents and cannot examine third-party evidence
  3. Statutory concentration of proceedings under Section 118b OSŘ applies with absolute preclusion
  4. The court must dismiss the proceeding if the parents fail to pay court fees within 3 days

Explanation

Under Section 20 and 21 of Act No. 292/2013 Sb. (ZŘS), proceedings in matters of care of the court for minors (péče soudu o nezletilé) are governed by the investigative principle (inquisitorial), meaning the court is obliged to ascertain all decisive facts regardless of whether the parents asserted or proposed them, prioritizing the best interests of the child.

Question 21Integrated role knowledge and Czech legal background

Under Section 586 of the Czech Civil Code, what is the distinction between relative invalidity (relativní neplatnost) and absolute invalidity (absolutní neplatnost) of a legal transaction?

  1. Relative invalidity must be pleaded by the person whose interest the invalidity protects, whereas absolute invalidity is considered by the court ex officio when a transaction clearly violates public order or good morals Correct answer.
  2. Absolute invalidity can only be asserted by the state prosecutor, while relative invalidity applies only in commercial transactions
  3. A relatively invalid act is null and void from the beginning (ab initio), whereas an absolutely invalid act is valid until annulled by court decree
  4. There is no legal difference; all defective transactions are null and void by operation of law

Explanation

Under Section 586 NOZ, relative invalidity is the default rule: if invalidity is stipulated for the protection of a particular party's private interest, only that party may raise an objection of invalidity. Under Section 588 NOZ, absolute invalidity occurs where a transaction clearly conflicts with public order (veřejný pořádek), good morals (dobré mravy), or commits to impossible performance, which the court takes into account ex officio.

Question 22Integrated role knowledge and Czech legal background

Under Section 152(2) of the Czech Civil Procedure Code, what is an interlocutory judgment (mezitímní rozsudek)?

  1. A ruling that decides only the legal basis of a claim (základ nároku), leaving the quantification of the amount for subsequent proceedings Correct answer.
  2. A preliminary ruling that expires automatically after 30 days unless extended by the Supreme Court
  3. A procedural resolution settling disputes over witness summonses during a trial
  4. A ruling that resolves only the question of procedural court fees and security deposits

Explanation

Section 152(2) OSŘ provides that if it is purposeful, the court may first decide by judgment on the basis of the matter (o základu věci); this is known as an interlocutory judgment (mezitímní rozsudek). Once the interlocutory judgment on liability becomes final, the court proceeds to try and quantify the exact monetary damages.

Question 23Integrated role knowledge and Czech legal background

What is the legal effect of the principle of 'reformatio in peius' in Czech civil appellate proceedings under Section 212 of the Civil Procedure Code?

  1. The appellate court is permitted to worsen the appellant's legal position even if the opposing party did not file an appeal
  2. As a general rule in civil litigation, the appellate court cannot alter the judgment to the detriment of the sole appellant (zákaz změny k horšímu), except in cases where a statute permits deciding beyond party claims or in non-contentious proceedings Correct answer.
  3. The appellate court must increase any monetary award by statutory inflation interest automatically
  4. The appellate court is required to quash every judgment if the appellant suffered an adverse outcome

Explanation

Under Czech civil procedural doctrine and settled jurisprudence interpreting Section 212 OSŘ, the principle of prohibition of reform in worse (zákaz reformatio in peius) prevents the appellate court from worsening the legal status of the appellant if only that party appealed, unless an exception applies (e.g. non-contentious matters or indivisible obligations).

Question 24Integrated role knowledge and Czech legal background

Under Section 96 of the Czech Civil Procedure Code, what happens if a plaintiff withdraws their lawsuit (zpětvzetí žaloby) during the proceedings?

  1. The court terminates the proceedings (zastaví řízení); however, if the lawsuit is withdrawn after the commencement of the oral hearing, the defendant has the right to object for serious reasons Correct answer.
  2. The withdrawal is immediately denied unless the plaintiff pays a statutory withdrawal penalty of CZK 100,000
  3. The withdrawal results in automatic forfeiture of the substantive claim forever under res judicata
  4. The court ignores the withdrawal and must proceed to deliver a judgment on the merits

Explanation

Under Section 96(1) and (2) OSŘ, the plaintiff may withdraw the action. If withdrawn before the first oral hearing commenced, the court stops the proceedings. If withdrawn after the hearing has commenced, the defendant may disagree with the withdrawal for serious reasons; if the court finds the reasons serious, it rules that the withdrawal is ineffective and continues the trial.

Question 25Integrated role knowledge and Czech legal background

Under Section 95 of the Czech Civil Procedure Code, when may a civil court refuse to admit an amendment of the lawsuit (změna žaloby) proposed by the plaintiff?

  1. If the results of the proceedings up to that point cannot serve as a basis for the proceedings on the amended claim Correct answer.
  2. Whenever the defendant verbally objects, regardless of judicial economy
  3. Only if the amended claim involves an amount lower than the original claim
  4. Only if the amendment is submitted in electronic form rather than on paper

Explanation

Section 95(2) OSŘ provides that the court shall not admit a change of the lawsuit if the results of the proceedings conducted so far cannot serve as a basis for proceedings regarding the amended claim (e.g. if it would require an entirely different evidentiary investigation disrupting judicial economy).

Question 26Integrated role knowledge and Czech legal background

Under Section 91(2) of the Czech Civil Procedure Code, what constitutes 'independent procedural joinder' (samostatné společenství) versus 'necessary joinder' (nerozlučné společenství)?

  1. In independent joinder, each co-party acts in the proceedings on their own behalf and their acts do not affect the rights of other co-parties, whereas in necessary joinder, a judgment must apply to all co-parties indivisibly Correct answer.
  2. In independent joinder, co-parties must always be represented by the same counsel
  3. In necessary joinder, each co-party can independently settle or recognize the claim without affecting the others
  4. Independent joinder applies only in bankruptcy litigation, while necessary joinder applies only in labour disputes

Explanation

Under Section 91(1) OSŘ (samostatné společenství), each co-party acts independently and their procedural steps do not benefit or harm co-litigants. Under Section 91(2) OSŘ (nerozlučné společenství), where the substantive legal relationship or statutory rule dictates that the judgment must apply to all co-parties indivisibly, procedural acts of one co-party apply to all, provided they are not contradictory.

Question 27Integrated role knowledge and Czech legal background

Under Section 93 of the Czech Civil Procedure Code, who may participate in civil proceedings as an intervener (vedlejší účastník)?

  1. Any individual who can demonstrate a legal interest (právní zájem) in the outcome of the proceedings, supporting either the plaintiff or the defendant Correct answer.
  2. Only the state prosecutor or the Ministry of Justice
  3. Only expert witnesses appointed by the court
  4. Any member of the public who signs an online petition supporting one of the litigants

Explanation

Section 93(1) OSŘ provides that anyone who has a legal interest in the outcome of the proceeding may participate as an intervener (vedlejší účastník) alongside the plaintiff or the defendant, provided their legal standing would be affected by the judgment (e.g. recourse liability).

Question 28Integrated role knowledge and Czech legal background

Under Section 74 et seq. of the Czech Civil Procedure Code, what is the standard timeframe within which a civil court must decide on an application for a preliminary injunction (předběžné opatření) in non-family matters?

  1. Within 7 days of the date the application was submitted Correct answer.
  2. Within 30 days from the respondent filing an answer
  3. Within 24 hours without exception in all civil disputes
  4. At the first oral hearing on the merits

Explanation

Section 75c(2) OSŘ establishes that the court shall decide on a motion for a preliminary injunction without delay, but no later than within 7 days from the date the motion was filed (unless special accelerated statutes apply, such as 48 hours for domestic violence eviction under ZŘS).

Question 29Integrated role knowledge and Czech legal background

What is the consequence if the applicant for a preliminary injunction in a standard civil dispute under the OSŘ fails to deposit the mandatory statutory security (jistota) under Section 75b OSŘ?

  1. The court shall reject the motion for preliminary injunction (návrh odmítne) without examining its merits Correct answer.
  2. The court shall automatically grant the injunction and deduct the security from the final judgment
  3. The court summons the parties to a special oral hearing on the applicant's creditworthiness
  4. The court orders the respondent to pay the security on the applicant's behalf

Explanation

Under Section 75b(1) and Section 75c(1) OSŘ, the applicant must deposit statutory security (standardly CZK 10,000, or CZK 50,000 in commercial relations) on the same day the motion is filed; failure to provide security results in the mandatory rejection (odmítnutí) of the petition by the court.

Question 30Integrated role knowledge and Czech legal background

Under Section 159a of the Czech Civil Procedure Code, what is the effect of the material legal force (materiální právní moc / res judicata) of a final civil judgment?

  1. Once a matter has been finally adjudicated on the merits, the same claim between the same parties cannot be litigated anew in a new proceeding (překážka věci pravomocně rozsouzené) Correct answer.
  2. The judgment becomes open to automatic annual renegotiation by the parties
  3. The judgment binds only the presiding judge and cannot be enforced by judicial bailiffs
  4. The parties may override the judgment by a simple informal oral declaration

Explanation

Section 159a(4) OSŘ establishes the negative effect of res judicata (ne bis in idem): as soon as a matter has been finally decided by a judgment, it cannot be heard again in court between the same parties regarding the same factual claim and subject matter.

Question 31Integrated role knowledge and Czech legal background

Under Section 12(2) of the Czech Criminal Code (Act No. 40/2009 Sb., trestní zákoník), what is the principle of subsidiarity of criminal repression (subsidiarita trestní represe / ultima ratio)?

  1. Criminal liability and its statutory consequences may be applied only in socially harmful cases where administrative, civil, or other legal liability is insufficient Correct answer.
  2. Criminal law must always take precedence over civil and administrative law in all private contractual disputes
  3. A defendant can only be prosecuted if they have already exhausted all civil appeals before the Supreme Court
  4. Criminal penalties may only be imposed on persons who have previously been fined in administrative misdemeanor proceedings

Explanation

Section 12(2) of the Criminal Code establishes that criminal liability and its legal consequences can be applied only in socially harmful cases where the application of liability under other legal regulations (civil, commercial, labor, administrative) is insufficient. Criminal law serves as an ultima ratio.

Question 32Integrated role knowledge and Czech legal background

Under Section 29 of the Czech Criminal Code, what constitutes necessary defense (nutná obrana)?

  1. An act that repels an ongoing or directly impending attack on an interest protected by the Criminal Code, provided the defense is not clearly grossly disproportionate to the manner of attack Correct answer.
  2. An act where the defender causes greater damage than the attacker threatened, provided the defender held an administrative firearm license
  3. An act committed to avenge an attack that ended several hours earlier
  4. Any violent act carried out on private residential property regardless of circumstances

Explanation

Section 29(1) and (2) of the Criminal Code defines necessary defense as an action averting an ongoing or directly impending attack on a protected interest. It is not necessary defense if the defense was clearly grossly disproportionate (zcela zjevně nepřiměřená) to the manner of attack.

Question 33Integrated role knowledge and Czech legal background

Under Section 28 of the Czech Criminal Code, which two statutory conditions must be satisfied for an act to qualify as extreme necessity (krajní nouze)?

  1. Subsidiarity (the danger could not under the circumstances be averted otherwise) and proportionality (the caused consequence must not be equally serious or more serious than the danger averted) Correct answer.
  2. Prior written consent of a police commissioner and payment of security
  3. The perpetrator must be under 18 years of age and acting with parental oversight
  4. The endangered interest must be state property exceeding CZK 10,000,000

Explanation

Section 28(2) of the Criminal Code lays down the two strict cumulative limits of extreme necessity: (1) subsidiarity (it is not krajní nouze if the danger could have been averted otherwise under the circumstances), and (2) proportionality (the consequence caused must not be equal to or more serious than the consequence that threatened).

Question 34Integrated role knowledge and Czech legal background

Under Section 21 of the Czech Criminal Code, how is an attempted criminal offense (pokus trestného činu) legally assessed in comparison to a completed crime?

  1. Attempt is punishable under the statutory penalty rate established for the completed criminal offense, with judicial consideration of the degree of proximity to completion Correct answer.
  2. Attempt cannot be punished unless the victim sustained permanent physical impairment
  3. Attempt is punishable only as an administrative misdemeanor with a maximum fine of CZK 10,000
  4. Attempt is subject to an automatic statutory reduction of the minimum prison term by half

Explanation

Section 21(2) of the Criminal Code provides that an attempt is punishable according to the statutory criminal tariff established for the completed crime. The court evaluates how close the perpetrator came to completing the crime and the reasons why completion did not occur when determining the individual sentence under Section 39.

Question 35Integrated role knowledge and Czech legal background

Under Section 24 of the Czech Criminal Code, what forms of participation (účastenství) in a crime are recognized by Czech law?

  1. Organizer (organizátor), instigator (návodce), and accessory / helper (pomocník) Correct answer.
  2. Primary conspirator, secondary spectator, and passive observer
  3. Only financial sponsor and physical accomplice
  4. Direct perpetrator and subsequent purchaser of stolen goods

Explanation

Section 24(1) of the Criminal Code defines three forms of intentional participation: (a) organizer (who planned or directed the commission of the act), (b) instigator (who induced another to commit the act), and (c) helper/accessory (who provided support or assistance to commit the act).

Question 36Integrated role knowledge and Czech legal background

Under Section 43(1) of the Czech Criminal Code, what is an aggregate sentence (úhrnný trest) and when is it imposed?

  1. A sentence imposed when the court sentences a perpetrator for two or more concurrent criminal offenses in a single judgment, applying the statutory tariff of the offense subject to the strictest punishment Correct answer.
  2. A penalty calculated by mechanically adding the maximum statutory prison terms of all offenses together without limit
  3. A fine imposed on joint defendants collectively without dividing liability
  4. A sentence imposed when a perpetrator commits a crime while already serving an active prison term

Explanation

Section 43(1) TZ provides that when a court passes sentence for two or more concurrent crimes (jednočinný or vícečinný souběh) tried in the same proceeding, it imposes an aggregate sentence (úhrnný trest) according to the statutory provision applicable to the crime with the most severe penalty.

Question 37Integrated role knowledge and Czech legal background

Under Section 81 of the Czech Criminal Code, what is the maximum prison sentence that may be conditionally suspended (podmíněné odsouzení k trestu odnětí svobody)?

  1. A prison sentence not exceeding three years Correct answer.
  2. A prison sentence not exceeding five years
  3. A prison sentence not exceeding one year
  4. Any prison sentence, provided the offender has no prior criminal record

Explanation

Under Section 81(1) of the Criminal Code, a court may conditionally suspend the execution of a prison sentence only if the imposed sentence does not exceed three years, considering the person of the offender, their life prior to the offense, and the circumstances of the case.

Question 38Integrated role knowledge and Czech legal background

Under Section 88(1) of the Czech Criminal Code, when may a convict standardly be conditionally released from prison (podmíněné propuštění)?

  1. After serving at least half of the imposed term of imprisonment (or one-third for first-time offenders of minor misdemeanors), provided they demonstrated improvement and an orderly life can be expected Correct answer.
  2. After serving exactly ten days, regardless of the length of the sentence
  3. Only after the victim grants written forgiveness submitted to the court
  4. Only when the convict reaches the age of retirement

Explanation

Section 88(1) of the Criminal Code provides that a convict may be conditionally released after serving one half of the sentence (or one third for minor misdemeanors / přečiny under paragraph 1a), if they demonstrated positive reform through their behavior and work.

Question 39Integrated role knowledge and Czech legal background

Under Act No. 418/2011 Sb. (Corporate Criminal Liability Act), how can a legal entity exculpate itself (vyvinit se) from criminal liability under Section 8(5)?

  1. If it proves that it made every effort that could reasonably be demanded of it to prevent the commission of the unlawful act (compliance management defense) Correct answer.
  2. By simply dissolving the legal entity and transferring all assets to an offshore shell company
  3. By having its board members resign and replacing them with foreign nominees
  4. A legal entity can never exculpate itself under Czech criminal law once a manager commits an offense

Explanation

Section 8(5) of Act No. 418/2011 Sb. establishes the compliance defense: a legal entity is exonerated from criminal liability if it proves that it exerted all efforts that could be fairly required of it to prevent the commission of the unlawful act (e.g. effective internal compliance, training, oversight, and whistleblower policies).

Question 40Integrated role knowledge and Czech legal background

Under Section 160(1) of the Czech Criminal Procedure Code (Act No. 141/1961 Sb., trestní řád), what is the procedural act that formally initiates criminal prosecution against a specific suspect?

  1. The issuance of a resolution on the commencement of criminal prosecution (usnesení o zahájení trestního stíhání) Correct answer.
  2. The informal interrogation of the suspect as a person submitting an explanation (podání vysvětlení)
  3. The filing of the final indictment in court by the state prosecutor
  4. The execution of a house search warrant by police detectives

Explanation

Under Section 160(1) TŘ, if the established facts justify the conclusion that a criminal offense was committed and that it was committed by a specific person, the police authority immediately issues a resolution on the commencement of criminal prosecution (usnesení o zahájení trestního stíhání), delivered to the accused and their attorney.

Question 41Integrated role knowledge and Czech legal background

Under Section 67 of the Czech Criminal Procedure Code (TŘ), what are the three statutory grounds for taking an accused into custody (důvody vazby)?

  1. Flight custody (útěková vazba), collusion custody (koluzní vazba), and preventive custody (předstihová vazba) Correct answer.
  2. Retributive custody, disciplinary custody, and punitive custody
  3. Economic custody, medical custody, and administrative custody
  4. Preliminary custody, trial custody, and appellate custody

Explanation

Section 67 TŘ recognizes three grounds for remand custody: (a) reasonable fear that the accused will flee or hide (útěková), (b) reasonable fear that the accused will influence witnesses or obstruct evidence (koluzní), or (c) reasonable fear that the accused will repeat or complete the criminal activity (předstihová).

Question 42Integrated role knowledge and Czech legal background

Under Section 71(2) of the Czech Criminal Procedure Code, what is the maximum duration of collusion custody (koluzní vazba under Section 67(b) TŘ) if not accompanied by other custody grounds?

  1. At most three months, unless it is proven that the accused has already actively exerted influence on witnesses or co-defendants Correct answer.
  2. At most six months under all circumstances with no exceptions
  3. At most 48 hours from the time of apprehension
  4. There is no statutory time limit for collusion custody

Explanation

Section 71(2) TŘ provides that collusion custody under Section 67(b) may last at most three months. The only exception where it can continue beyond three months is if it is demonstrated that the accused has already actively influenced witnesses or co-accused or otherwise frustrated the investigation.

Question 43Integrated role knowledge and Czech legal background

Under Section 89(3) of the Czech Criminal Procedure Code, what is the legal rule regarding evidence obtained through unlawful procedural coercion or threat?

  1. Such evidence is absolutely inadmissible and must not be used in criminal proceedings, except as proof against the person who exercised such coercion or threat Correct answer.
  2. The judge may admit such evidence if it is corroborated by at least two independent witnesses
  3. The evidence is admissible in court provided the state prosecutor pays an administrative penalty
  4. Such evidence is admissible for serious felonies punishable by more than ten years of imprisonment

Explanation

Section 89(3) TŘ establishes a strict exclusionary rule: evidence obtained through unlawful coercion or threat of coercion cannot be used in the proceedings, with the sole statutory exception that it may serve as evidence in criminal prosecution against the person who committed the unlawful coercion.

Question 44Integrated role knowledge and Czech legal background

Under Section 83(1) of the Czech Criminal Procedure Code, who has the statutory authority to issue a search warrant for a home (příkaz k domovní prohlídce)?

  1. The judge, upon the motion of the state prosecutor in pre-trial proceedings, or the presiding judge in trial proceedings Correct answer.
  2. The police investigator with oral authorization from the chief of police
  3. The state prosecutor acting independently without judicial approval
  4. The municipal mayor within whose cadastre the premises are located

Explanation

Under Section 83(1) TŘ and Article 13 of the Czech Charter of Fundamental Rights and Freedoms, a home search warrant can only be issued by a judge (in pre-trial proceedings upon the proposal of the state prosecutor, and in court proceedings by the presiding judge or single judge).

Question 45Integrated role knowledge and Czech legal background

Under Section 88 of the Czech Criminal Procedure Code, for what categories of criminal offenses may a judge order wiretapping and recording of telecommunication traffic (odposlech a záznam)?

  1. In proceedings for an intentional crime punishable by a maximum prison sentence of at least eight years, or for specifically enumerated intentional crimes (e.g. corruption, extortion, illicit trafficking) Correct answer.
  2. In all criminal proceedings, including negligent traffic infractions
  3. Only for high treason and espionage against the state
  4. Whenever the suspect refuses to provide a specimen of their voice during police interrogation

Explanation

Section 88(1) TŘ restricts wiretapping orders to proceedings for intentional crimes with an upper statutory prison limit of at least eight years, or for specific listed offenses (such as bribery, money laundering, counterfeiting, etc.), provided that the purpose cannot be achieved otherwise.

Question 46Integrated role knowledge and Czech legal background

Under Section 175a of the Czech Criminal Procedure Code, what is an agreement on guilt and punishment (dohoda o vině a trestu)?

  1. A negotiated agreement between the state prosecutor and the accused, which requires judicial approval by the court in a public hearing to become effective as a judgment of conviction Correct answer.
  2. An informal arrangement between police investigators and the defense attorney that bypasses the prosecutor and court completely
  3. A private financial settlement between the victim and defendant that automatically halts all criminal proceedings without judicial review
  4. An administrative plea bargain permitted only for minor traffic infractions

Explanation

Under Section 175a and Section 314o et seq. TŘ, an agreement on guilt and punishment is negotiated between the public prosecutor and the accused (assisted by defense counsel). To take effect, it must be approved by the court via a judgment; the court verifies that the plea was voluntary and that the agreed punishment is lawful and proportionate.

Question 47Integrated role knowledge and Czech legal background

Under Section 314e of the Czech Criminal Procedure Code, what is the maximum prison sentence that a single judge can impose via a penal order without trial (trestní příkaz)?

  1. Imprisonment for up to one year with conditional suspension (podmíněný trest odnětí svobody) Correct answer.
  2. Unconditional imprisonment for up to five years
  3. A life imprisonment sentence with mandatory hard labour
  4. Unconditional imprisonment for up to three years

Explanation

Section 314e(2)(a) TŘ restricts the sentence of imprisonment in a penal order to a conditionally suspended prison term not exceeding one year. A judge cannot impose an unconditional prison sentence via penal order.

Question 48Integrated role knowledge and Czech legal background

What happens if the accused or the state prosecutor files a timely statement of opposition (odpor) against a criminal penal order (trestní příkaz) under Section 314g of the Criminal Procedure Code?

  1. The penal order is cancelled by operation of law and the single judge orders a full main trial (hlavní líčení) Correct answer.
  2. The case is immediately dismissed with prejudice
  3. The penalty imposed in the penal order is doubled as a disincentive to frivolous appeals
  4. The opposition is referred to the Constitutional Court for preliminary constitutional review

Explanation

A timely opposition within eight days cancels the penal order and leads to a main trial. At that trial the single judge is not bound by the legal classification or by the type or amount of punishment in the penal order, so the ordinary prohibition of reformatio in peius does not apply in the way the former explanation claimed.

Question 49Integrated role knowledge and Czech legal background

Under Section 206c of the Czech Criminal Procedure Code, what is the procedural effect if the defendant makes a declaration of guilt (prohlášení viny) at the main trial and the court accepts it?

  1. The court ceases taking evidence regarding guilt to the extent of the accepted declaration, and focuses solely on evidence relevant to determining punishment and civil damages Correct answer.
  2. The court must immediately terminate the trial and acquit the defendant
  3. The court must refer the case back to the police for complete reinvestigation
  4. The declaration of guilt cannot be accepted by the court unless corroborated by confession of a co-defendant

Explanation

Section 206c TŘ (introduced by Act No. 333/2020 Sb.) provides that if the court accepts the defendant's declaration of guilt, the taking of evidence regarding the facts admitted in the declaration is omitted, and the court proceeds directly to taking evidence necessary for sentencing and compensation of damages.

Question 50Integrated role knowledge and Czech legal background

Under Section 36 of the Czech Criminal Procedure Code, in which of the following circumstances is mandatory defense representation (nutná obhajoba) required?

  1. When the accused is in custody, serving a prison sentence, under observation in a medical psychiatric facility, or facing charges punishable by an upper statutory prison term exceeding five years Correct answer.
  2. Only when the accused is a foreign national who does not speak Czech
  3. Only when the state prosecutor is represented by two or more prosecutors at trial
  4. Only if the alleged financial damage exceeds CZK 100,000,000

Explanation

Section 36(1) and (3) TŘ sets forth the mandatory defense grounds: the accused must have counsel if they are in remand custody, serving a prison term, undergoing psychiatric observation, or in proceedings for a felony with an upper penalty limit exceeding five years, as well as in juvenile proceedings.