As someone with limited knowledge of the German justice system from my time under oath at the Karlsruhe Regional Court, I know how difficult it is to secure legal protection, conduct criminal proceedings, establish the truth and ensure justice, including in bankruptcy proceedings.
The legal system of the judicial system of the Czech Republic historically belongs to the Austrian subtribe of the Roman-Germanic legal family. It consists of the Constitutional Court and a system of so-called general courts.
The Constitutional Court recently rejected a proposal by a group of senators to repeal an important piece of legislation: unauthorized activity for foreign powers remains part of the Criminal Code. The legislation concerns, among other things, the detained Chinese journalist, about whom I recently wrote. The motion was signed by 24 senators who believe that the disputed regulation is vague, broadly worded and abusive, and that it has been added to the Criminal Code as an unconstitutional addition. However, according to the constitutional judges, it was not an addendum. They also emphasized the principles of „defending democracy“.
I mention the Constitutional Court's judgment because it states the principles of a defending democracy. According to the author's layman's assessment, these should also apply to the fact that the greatest enemy is often found at home and represents treachery, betrayal and other weaknesses of human character.
One of the enemies is undoubtedly a part of the Czech justice system, namely the judiciary dealing with business and enforcement activities.
A real story in two parts
Those who want to, can learn about the history of the motorway complex on the 185th kilometre of the D1 motorway in Popůvky u Brna, which began in 1991. It was a time when, mainly for sentimental reasons and an idealized idea of the emerging system in the homeland, I tried to comply with the requests for cooperation of, among others, the last ambassador of the Czechoslovak Republic in London, JUDr. Karel Duda, in several projects of that time, both in Moravia and Slovakia.
The first part of the story took place at the Regional Court in Brno with a suspended sentence of one year. In a subsequent appeal, the High Court in Olomouc decided to impose a five-year unconditional prison sentence. This was followed by imprisonment, a pardon from the President of the Republic, long efforts to seek redress and justice and, last but not least, the quick resignation of the bankruptcy judge Mgr. Eva Krčmářová the day after the public appearance of the bankruptcy victim in the programme Události on ČT1 and ČT24 on 16 July 2017. It is important to recall that at that time, at least, Mgr. Krčmářová was the wife of the - certainly neutral, non-advising and non-protecting - head of the Supreme Court section in Brno, JUDr. Zdeněk Krčmář.
The company's shares were bought at that time for a packet by the bankruptcy petitioner (CZK 10,000 according to the administrator's son) to be sold for CZK 10 million, while their price was valued by an expert opinion on movable assets according to invoices with a nominal value of CZK 20 million.
I would like to add that as early as 28 June 2005 the bankruptcy trustee drew the attention of the Regional Court in Brno to the fact that a total of four entities were seeking ownership of the lucrative properties. The judge, who illegally transferred the property to a stranger without consulting the bankruptcy file, filed a criminal complaint with the Police of the Czech Republic on the day of the judgment so that the person would confess during questioning that it was a prepared fraud.
The first part of the story did not end even after submitting copies of approximately 1,500 pages of documentary evidence, 22 pages of court file evidence proving ownership of the property, and 76 attachments from the bankruptcy proceedings.
It is worth mentioning that a well-founded and justified constitutional complaint was filed on 3 February 2020, which was rejected by the President of the Senate, Prof. JUDr. Jan Filip, CSc., on 20 February 2020. The reply to the complaint addressed to the President of the Constitutional Court of 13 March 2020 came in a form that cannot be commented on politely, inter alia, because the consent of the creditors' representatives to the removal of immovable property from the bankruptcy estate is completely absent in the bankruptcy proceedings and the court's decision is still pending.
In an order dated 29 November 2024, the bankruptcy judge stated that she found no grounds to order the trustee to return the property to the bankruptcy estate. Such a communication by the judge indicates, among other things, that she probably did not read the documentary evidence at all. The complaint addressed to the President of the Regional Court in Brno on 20 January 2025 was answered two months later with a brief statement that it was legally impermissible to interfere in ongoing court proceedings.
From 1991 until mid-February 2026, the Brno judiciary did not terminate the court proceedings.
The second part of the story has the character of a family tragedy: the auction of the apartment of the victim of a textbook bankruptcy process, built with his own help 46 years ago. The auction was scheduled to begin at 10 a.m. on February 17, 2026, and end at 11 a.m. the same day. As of yesterday, it is known that the auction has been postponed for a week.
Coincidentally, I had the opportunity to familiarize myself with the content of the auction decree No. CEVD-2026-000116 on the holding of an electronic public voluntary auction pursuant to Act No. 250/2023 Coll., on public auctions, No. 25DR000990.
It is no coincidence that the auctioneer, the claimant and the owner are known to me from the first part of the long-tracked story. It would undoubtedly be of interest to Bernd Posselt, Markus Söder, the Bavarian Prime Minister, and the Czech Prime Minister Andrej Babiš. The latter should remember the story and thus prove that the government's statement should be taken seriously and that the Prime Minister's words have weight. The Czech Justice Minister and Chairman of the Government Legislative Council, Jeroným Tejc, could help him. It would be surprising if the native of Brno did not know enough about how things work in Brno to be able to act and stop the auction, for example, by a ministerial order.
The problem with the auction lies in the apparent intent of the auctioneer and the plaintiff, which is evident from the first part of the story - to obtain the property as cheaply as possible - and in the content of the auction documentation, which does not correspond to reality or time. The following facts are offered:
- (a) The area of the apartment listed as 50 m² is false. According to the contract for the transfer of the cooperative apartment to the member, the area of the apartment is 93.30 m². A cellar, a balcony and a loggia must be added to the area.
- b) The auction notice states 1st floor, ground floor with wheelchair access. This is also incorrect because the apartment is located on the third floor, where wheelchair access is objectively not possible.
- (c) The description of the apartment is also false for other objective reasons. Alternatively, the façade was not insulated, the windows were not replaced, there was no district heating and a MORA gas combination boiler was used.
Conclusion
Neutrality, due process and justice are part of the basic myths: cosmogonic (origin of the world), anthropogonic (creation of man), aetiological (origin of customs), soteriological (salvation) and eschatological (end of the world). These stories form the basis of every culture and mythology, even in the sphere of justice.
I recommend that persons practicing mafia methods stand before the court during the recess and ask those coming out what they experienced there and how satisfied they are with the work of the court and its outcome. If they are not afraid, they will say something different from what the judges themselves say about themselves or what the various agencies report.
For example, the EU Justice Scoreboard / CEPEJ measures mainly the length of proceedings, the number of cases handled, the budget and the number of judges. However, it does not measure miscarriages of justice, disregard of higher courts, non-implementation of acquittals, personal responsibility of judges or custodial abuse of power.
Therefore, the system can be both „fast“ and brutally unfair. Official assessments of the Czech justice system are not untruthful in what they measure. They are misleading in what they do not systematically measure. Consent is not required.
Jan Campbell
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