Czech Republic: Justitia 4.0 – the pros and cons of digital court proceedings and notarial records in the Czech Republic

Until recently, the digitalisation of the justice system in the Czech Republic had no priority. However, the coronavirus pandemic has required a change in the current procedure both in court matters and in notarial matters. The necessary amendments to the law have already been made, but have not been applied in practice yet. This is expected for 2022; the digitalisation of justice is expected to be completed by 2024. Since 01.09.2021, it has also been possible for notaries to create electronic notarial minutes of the shareholders’ meetings by means of electronic identification and by videoconference. In connection with the use of direct entry in the commercial register, it is therefore possible, for example, to establish a company completely online.

It is expected that the implementation of online court proceedings will only be possible with the consent of all parties involved in the proceedings. In each court proceeding, the court first examines whether it is appropriate and suitable to carry out the hearing in the respective proceeding online. The appropriateness of conducting an online hearing should be assessed in particular based on whether a statement in the proceedings is required, whether an interpreter must be involved in the proceedings or whether, for example, the parties involved must verify the authenticity of certain documents. The court then sends the parties to the proceedings a request for approval of the online hearing. The hearing itself takes place in the presence of a judge or a court in the courtroom and with the participation of the parties or their representatives via Skype for Business. However, witnesses or experts are personally questioned in the courtroom.

Autor: Monika Wetzlerová-Deisler