Civil procedure
Is the presence of the parties in front of the court at the scheduled hearings mandatory?
No, the general rule is that the presence of the parties is not mandatory. However, there are exceptions, such as when parties are summoned for questioning or when the court orders their appearance. In these situations, there may be sanctions or negative consequences for non-appearance if it is unjustified.
After how long from filing the lawsuit is the first trial date set?
The rule is that after filing the application, there is a written part of the procedure, which should last approximately 3 months, but often the deadlines vary depending on the court’s overall activity and specific measures taken in the case. However, there are exceptions when the first trial date is scheduled without following the written procedure.
When must the court fee for the lawsuit filing be paid?
The rule is that after the application is filed, there is typically a written phase of the procedure that should last approximately 3 months. However, deadlines often vary depending on the court’s overall activity and specific measures taken in the case. There are exceptions, though, where the first trial date is set without following the written procedure.
When must proof of court costs be submitted in order to request reimbursement from the opposing party?
The rule is that proof of court costs can be submitted until the closing of the hearings, which is until the last trial date. The evidence should include documents showing actual payment of the requested costs. Failure to submit proof leads to the dismissal of the request to compel the opposing party to pay court costs or may require filing a new separate action for this purpose, which incurs additional court costs.
After how much time from the pronouncement of the decision is it drafted and communicated?
Although there is a recommended deadline of 30 days for drafting the decision, which can be extended in well-founded cases by up to 30 days, for a maximum of two extensions, in reality, the duration of drafting depends solely on the judge’s or panel’s workload.
Can the reasoning of the decision be anticipated between the time it is pronounced and the time it is communicated?
Although there is an explicit prohibition for the decision to be based on arguments other than those invoked and discussed by the parties, in reality, it often happens that the reasoning of the decision includes arguments that neither party nor the court has raised. Moreover, even regarding the arguments invoked and discussed, it is impossible to anticipate with a high degree of certainty what legal reasoning the judge will base the pronounced decision on.
Can a lawsuit be drafted that has a real chance of being admitted based on a template found on the internet?
It’s not impossible, but it’s not recommended. The lawsuit needs to include not only a relevant and coherent description of the factual situation but also a correct and well-reasoned identification and application of legal provisions. Such a result can only be achieved through thoughtful consideration, rather than simply copying and pasting paragraphs from various available templates.
When does the deadline for appeals start running?
The rule is that the deadline for filing appeals starts from the notification of the decision (date of the postmark on the envelope). However, there are exceptions in various special areas where the deadline starts from the pronouncement of the decision (date noted in the court’s records containing the court’s ruling).
Criminal procedure
How long does the criminal investigation phase last?
There is no minimum or maximum regulated period. There are no rules regarding the order of analysis and management of criminal cases within a prosecutor’s office. The only relatively concrete provisions regarding duration refer to a one-year period during which the criminal prosecution authorities do not perform criminal prosecution acts, and the interested party may contest the duration of the process, after which the court sets a maximum deadline for completing the criminal investigation phase.
Is it mandatory for the suspect/defendant to give a statement in the criminal case?
No, regardless of the accusation, the suspect/defendant has the right to refuse to give a statement, a right recognized and confirmed by the Constitutional Court. Furthermore, the European Court of Human Rights has indicated that the suspect/defendant cannot be penalized or considered guilty simply for refusing to give a statement, nor can this refusal be considered an aggravating circumstance. There is no obligation for the suspect/defendant to cooperate in assisting the criminal prosecution authorities.
What role does the preliminary chamber phase play?
After the completion of the criminal investigation phase, the legality of the acts conducted and evidence gathered is verified exclusively in this preliminary chamber phase. Following the conclusion of the preliminary chamber phase, the defendant can propose evidence during the trial phase, but the acts of criminal investigation, including the indictment, remain validated from a legality standpoint.