What is Full text of Act No. 153 / 2002 Coll.?

Full text of Act No. 153 / 2002 Coll., Act No. 283 / 1993 Coll., on the Prosecutor's Office, as resulting from subsequent amendments — Full text of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as resulting from subsequent amendments.

When it became Full text of Act No. 153 / 2002 Coll. effectiveness?

Full text of Act No. 153 / 2002 Coll. became effective date not available.

Is Full text of Act No. 153 / 2002 Coll. still valid?

Yes, Full text of Act No. 153 / 2002 Coll. is still valid and effective.

Full text of Act No. 153 / 2002 Coll.

Full text of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as resulting from subsequent amendments

Valid Declared full text

Text versions: 19.04.2002

ČÁST PRVNÍ § 1 § 2 § 3 ČÁST DRUHÁ § 4 § 4a § 5 ČÁST TŘETÍ § 6 § 7 § 8 § 9 § 10 § 11 § 11a § 12 § 12a § 12b § 12c § 12d § 12e § 12f § 12g § 12h § 12i ČÁST ČTVRTÁ § 13 § 13a § 13b § 13c § 13d § 13e § 13f § 13g § 13h § 13i § 13j ČÁST PÁTÁ § 14 § 15 § 16 § 16a § 16b ČÁST ŠESTÁ § 17 § 18 § 19 § 19a § 20 § 21 § 22 ČÁST SEDMÁ § 23 § 24 § 25 § 26 ČÁST OSMÁ § 27 § 28 § 29 § 30 § 31 § 32 ČÁST DEVÁTÁ § 32a § 32b § 32c § 32d § 32e § 32f § 32g § 32h § 32i § 32j § 32k § 32l § 32m § 32n § 32o § 32p § 32q ČÁST DESÁTÁ § 33 § 34 ČÁST JEDENÁCTÁ § 34a ČÁST DVANÁCTÁ § 35 § 36 § 37 § 38 § 39 § 40 § 41 § 42 § 43 § 44 § 45 § 46

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PRESIDENT OF THE GOVERNMENT

Announces

full text of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as is apparent from the amendments made by Act No. 261 / 1994 Coll., Act No. 201 / 1997 Coll., Act No. 169 / 1999 Coll., Act No. 11 / 2001 Coll. and Act No. 14 / 2002 Coll.

THE LAW

on the Prosecutor's Office

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

(1) The Public Prosecutor's Office is set up as a system of state authorities intended to represent the State in the protection of public interest in matters entrusted by law to the State Prosecutor's Office.

(2) This Act regulates the status, scope, internal relations, organisation and administration of the Prosecutor's Office; In addition, it provides in particular for the status of prosecutors as persons through which the Prosecutor carries out his activities, the status of legal candidates and the jurisdiction of the Ministry of Justice.

§ 2

(1) The Public Prosecutor's Office shall, in the exercise of its competence, be obliged to use the funds provided by the law.

(2) In the exercise of its powers, the Prosecutor's Office shall ensure that any action taken by the Prosecutor complies with the law is swift and effective; it exercises its competence impartially, respects and protects human dignity, equality of all from the law and ensures the protection of fundamental human rights and freedoms.

§ 3

(1) Only prosecutors shall carry out the cases entrusted to the Prosecutor's Office; other authorities or persons may not interfere in their activities or replace or represent them in their exercise.

(2) The High Prosecutor's Office is entitled to intervene in the handling of cases to which, under the law, the Lower Prosecutor's Office is responsible only in the manner and to the extent laid down by this law.

ČÁST DRUHÁ

SCOPE OF THE STATE REPRESENTATIVES

§ 4

(1) Public Prosecutor's Office to the extent, under the conditions and in the manner laid down by law

(a) is a public action body in criminal proceedings and carries out other tasks arising from the criminal order;

(b) supervise compliance with legislation at the places where the detention is carried out, the sentence of imprisonment, protective treatment, protective or constitutional education, and other places where personal freedom is restricted under the legal authority;

(2) The Prosecutor's Office is involved in crime prevention and assistance to victims of crime in accordance with its statutory mandate.

§ 4a

repealed

§ 5

(1) The Public Prosecutor shall be entitled to file a motion to initiate civil proceedings or to enter into civil proceedings already initiated only in cases provided for by law.

(2) The procedural status, authorisation and obligations of the public prosecutor who has made a request to initiate proceedings or joined proceedings shall be laid down in the Civil Code.

ČÁST TŘETÍ

CONSTITUTION OF STATE REPRESENTATIVES

§ 6

(1) The system of the Prosecutor's Office consists of the Supreme Prosecutor's Office, the Chief Prosecutor's Office, the Regional Prosecutor's Office and the District Prosecutor's Office; Also higher and lower field prosecutors at the time of security alert.

(2) In the district of the capital city of Prague, the office of the Regional Prosecutor's Office is performed by the Municipal Public Prosecutor's Office in Prague and the office of the District Prosecutor's Office is performed by the District Prosecutor's Office. In the district of Brno, the District Attorney's Office of the Municipal Public Prosecutor's Office in Brno.

(3) The Supreme Prosecutor's Office, the Supreme Prosecutor's Office and the Regional Prosecutor's Office are accounting units.

§ 7

(1) The offices of the prosecutors and their territorial areas are the same as those of the courts.

(2) The Prosecutor's Office shall be responsible for representing the State in the court in which the Prosecutor's Office operates, unless otherwise provided in specific legislation.

Head Prosecutor

§ 8

(1) The leading prosecutors are:

(a) the Attorney General, who heads the Supreme Prosecutor's Office;

(b) senior prosecutors who are head of the Attorney General's Office;

(c) Regional prosecutors who are the head of the Regional Prosecutor's Office and the City Prosecutor who is the head of the Municipal Prosecutor's Office in Prague, hereinafter referred to as the "Regional Prosecutor's Office,"

(d) district prosecutors who are the head of the District Prosecutor's Office, district prosecutors who are the head of the District Prosecutor's Office in Prague, and city prosecutors who are the head of the City Prosecutor's Office in Brno, hereinafter referred to as district prosecutors.

(2) The Deputy or Deputy Deputy Prosecutor shall be represented in the order and extent specified by him.

(3) The Head of the Prosecutor shall establish the internal organisation of the Prosecutor's Office in which he heads and the division of the Prosecutor's Agenda between the Prosecutor's Office; ensuring that prosecutors are specialised in accordance with specific legislation.

§ 9

(1) The Government shall appoint the Supreme Prosecutor on a proposal from the Minister of Justice.

(2) The Government may, on a proposal from the Minister of Justice, remove the Attorney General from office.

(3) The Deputy Prosecutor-General is appointed and dismissed by the Minister of Justice on a proposal from the Attorney General.

§ 10

(1) The Attorney General shall be appointed by the Minister of Justice on a proposal from the Attorney General.

(2) The Regional Prosecutor shall be appointed by the Minister of Justice, acting on a proposal from the Attorney General, who shall be the head of the Attorney General in whose district the Regional Prosecutor is to be appointed.

(3) The District Attorney is appointed by the Minister of Justice, acting on a proposal from the Regional Prosecutor, who is the head of the Regional Prosecutor's Office, in whose district the District Attorney is to be appointed.

(4) The Minister of Justice may remove the Attorney General, the District Attorney and the District Attorney from this post if he seriously infringes the obligations arising out of the performance of the Head of the Prosecutor; where the appeal is not due to a breach of the duties of the Public Prosecutor's Administration (hereinafter referred to as the "Public Prosecutor's Administration '), it shall, on a proposal from the Head of the Prosecutor, who, under paragraphs 1 to 3, is entitled to propose appointment to the office from which the Head of Prosecutor is to be removed.

(5) The Minister of Justice may also appoint or dismiss the Regional or District Prosecutor on a proposal from the Attorney General.

(6) The Deputy Prosecutor-General, the Regional Prosecutor-General and the District Attorney-General shall be appointed and dismissed by the Minister of Justice, on a proposal from the Head of the Prosecutor, of whom the Deputy Director is present.

§ 11

(1) The Head of the Prosecutor or Deputy Prosecutor may renounce this post by giving written notice to the person who appointed him to this post. The post of Head of Public Prosecutor or Deputy Director of Public Prosecutor shall cease to be the end of the calendar month following the month in which the resignation notice was received.

(2) The post of Head of Public Prosecutor or Deputy Head of Public Prosecutor shall cease on the date on which their office as Prosecutor has ceased.

(3) The surrender or withdrawal of the post of Deputy Prosecutor or Deputy Deputy Prosecutor shall not result in the termination of the post of Prosecutor.

§ 11a

(1) Within the scope of the law, the Attorney General is superior to the Attorney General, the Prosecutor General to the District Attorney General in the District Attorney General and the District Attorney to the District Attorney General in the District Attorney General.

(2) Within the scope of the law, the Head of the Prosecutor shall be superior to the prosecutors working with the Prosecutor's Office in charge.

§ 12

Authorisation of the Attorney General

(1) In order to unify and guide the procedure of prosecutors in the exercise of the competence of the prosecutors or to ensure a uniform internal organisation of the prosecutors and the uniform performance of the file service, the Supreme Prosecutor may issue guidelines of a general nature; These guidelines shall be binding on the prosecutors and, where provided for by the prosecutors, other staff of the prosecutors.

(2) The Attorney General may give opinions to the Public Prosecutor on the unification of the interpretation of laws and other laws in the exercise of the jurisdiction of the Public Prosecutor.

(3) The Attorney General may order that the Attorney General or the Prosecutor-General appointed by him carry out a check on the end of the cases in which the Prosecutor-General has been responsible and impose corrective measures in the event of failure.

(4) If, in the context of the performance of the jurisdiction of the Prosecutor's Office, the Attorney General becomes aware of the inconsistency of the judgments of the courts, he shall be entitled to initiate the President of the Supreme Court to propose to the Supreme Court an opinion on the interpretation of the law or other legislation.

(5) The Prosecutor-General shall entrust the prosecutors working with a particular prosecutor with the exercise of supervision in places where personal freedom is restricted [Paragraph 4 (1) (b)]; It is also for him to entrust the prosecutors closest to the Supreme Prosecutor's Office in this matter with the exercise of supervision.

(6) It is for the Supreme Prosecutor to exercise other powers which link this law or special legislation to the position of Supreme Prosecutor.

(7) The Attorney General shall report to the Government, through the Minister of Justice, on the activities of the Prosecutor's Office for the previous calendar year at the latest by mid-calendar year.

Relations within the public prosecutor's system

§ 12a

(1) Disputes concerning jurisdiction between prosecutors shall be decided by the prosecutors closest to those prosecutors.

(2) The Chief Prosecutor of the High Public Prosecutor shall decide on the withdrawal and order of the case to another Lower Public Prosecutor if, under the rules governing proceedings, the Head of Public Prosecutor of the Lower Prosecutor concerned is excluded from hearing the case, unless otherwise provided for in this Law.

(3) The Supreme Prosecutor's Office shall decide on appeals brought against decisions of the Supreme Prosecutor's Office in its district, unless otherwise provided for in this Law or in a special law.

(4) In cases of exclusion of the Head of the Prosecutor's Office, which exercises supervision or decides on appeals, the procedure laid down in paragraph 2 shall be treated mutatis mutandis. The Prosecutor's Office, to whom the case was ordered for the first sentence, shall exercise supervision or rule on appeals instead of the Prosecutor's Office, to whom the case has been withdrawn.

(5) Withdrawal and orders and appeals shall be decided by order against which a complaint is not admissible, unless otherwise provided for in the specific law under which proceedings are conducted.

§ 12b

(1) Any action which the competent public prosecutor could carry out with difficulty or disproportionate costs or which cannot be carried out in its district shall be carried out by another public prosecutor at the request of the competent public prosecutor.

(2) If the requested public prosecutor is unable to perform an operation in his or her district, the request shall be forwarded to the public prosecutor in whose district the operation may be carried out, if known; otherwise it will return the request.

(3) The Supreme Prosecutor may request an inquiry into the complaint to submit a motion to deny paternity by the Regional Prosecutor responsible for the place of residence of the child. 1)

Supervision

§ 12c

Supervision is the exercise of the powers provided for by this Act to ensure management and control relations between the various stages of the prosecutors and within the individual prosecutors in the performance of the duties of the prosecutors.

§ 12d

(1) The Supreme Prosecutor's Office shall be entitled to supervise and give written instructions for the conduct of the procedures closest to the Lower Prosecutor's Office in its jurisdiction. The procedure closest to the Lower Prosecutor's Office may also be harmonised by guidelines covering more than one kind of matter.

(2) The lowest prosecutors shall comply with the written instructions referred to in paragraph 1, except for an order which is contrary to the law in a particular case. If, for this reason, the lowest prosecutor refuses to comply with the order, he shall immediately communicate the reasons for refusal in writing to the highest public prosecutor; If another procedure persists and does not apply at the nearest High Prosecutor's Office, it shall remove the case from the Lower Prosecutor's Office and deal with it itself.

(3) The Supreme Prosecutor may withdraw the case closest to the Lower Public Prosecutor's Office and deal with it itself if the lowest Prosecutor's Office is not active or there are unjustified delays in its conduct.

§ 12e

(1) The Head of the Prosecutor shall be entitled to supervise the proceedings of prosecutors working with the Prosecutor's Office in charge and to give them instructions on the procedure for dealing with cases within the jurisdiction of the Prosecutor's Office. The procedure of prosecutors may also be harmonised by guidelines covering several items of a particular kind. The performance of such authorisations or of some of them may be entrusted to another prosecutor.

(2) Public prosecutors shall be required to follow the instructions of the Head of the Prosecutor or of his authorised public prosecutor, except for an order which is contrary to the law in a particular case. Where an order has been issued orally, the prosecutor who issued the order shall confirm it in writing at the request of the public prosecutor to whom the order is addressed.

(3) If, on the grounds referred to in paragraph 2, a public prosecutor refuses to comply with the order, he shall immediately communicate the reasons for refusal in writing to the public prosecutor who issued the order. If the order persists, it shall without delay refer the matter to the Head of the Prosecutor. The Head of the Prosecutor shall be entitled to withdraw the order and, if he does not do so, the matter shall be dealt with by the Prosecutor who issued the order. If the lead prosecutor has given the order, he will handle the case himself.

(4) In a court hearing, a prosecutor shall not be bound by an order from the Head of the Prosecutor or his authorised Prosecutor in the event of a change in the evidentiary situation during the hearing.

§ 12f

(1) The authorisation resulting from the exercise of supervision shall be exercised by the public prosecutor responsible for the exercise of supervision in the places where personal freedom is restricted (§ 4 (1) (b)), instead of the closest to the High Public Prosecutor and the Head of Public Prosecutor by the public prosecutor (§ 12 (5)).

(2) Where a public prosecutor in charge of the exercise of supervision in places where personal freedom is restricted refuses to comply with the order of the public prosecutor exercising supervision pursuant to paragraph 1 on the ground that the order is contrary to the law, the supervisory public prosecutor, if he persists at his own direction, shall deal with the matter himself.

Provision of information

§ 12g

(1) The prosecutors shall provide each other with the information they need to carry out their duties. For this purpose, information shall be understood as data on the procedure of the Prosecutor in the performance of his or her duties in a particular case and data which the Prosecutor has established in this context. The right to request information shall not be associated with the right to interfere in any way with the procedure in which the information is required, if not at the same time for the exercise of supervision.

(2) In the exercise of its powers, the High Prosecutor is entitled to request from any Public Prosecutor a special report on the procedure of prosecutors in the exercise of the jurisdiction of the Prosecutor's Office or to order the Prosecutor to do so in relation to the lowest prosecutors in his district. This is without prejudice to the authorisation of senior and regional prosecutors to the lowest prosecutors in the exercise of supervision.

§ 12h

(1) The High Prosecutor's Office may at any time carry out the necessary findings for any lower Prosecutor's Office, which shall, upon request, provide him with the required synergies. In doing so, it may, in particular, require the submission of, consultation, copies and extracts of files held by the lower prosecutors, and require information and necessary explanations. If it is a matter other than the Attorney General's office, the High Prosecutor's Office is not entitled to intervene in the way the case was handled which has not been terminated.

(2) In the absence of direct participation by the Head of the Prosecutor or by his authorised Prosecutor of the relevant Prosecutor, the High Prosecutor shall notify the findings to the competent Head of the Prosecutor. In the case of the Attorney General's Office, the High Prosecutor's Office shall use the findings of the findings in the context of supervision.

§ 12i

Processing of personal data by prosecutors

(1) The Public Prosecutor is entitled to process personal data, including sensitive data (hereinafter referred to as "personal data '), within the scope of his or her jurisdiction under the law. For the needs of law enforcement authorities, it shall be entitled to keep a central record of the prosecuted persons, which shall include personal data relating to the persons against whom the criminal proceedings have been brought, to the injured persons and, where appropriate, to other persons involved in criminal proceedings, as well as data relating to the offences committed or intended to be committed, and data directly related thereto.

(2) The processing of personal data under paragraph 1 shall be carried out by the prosecutors in accordance with the special legislature3), except where:

(a) the public prosecutor is entitled in this activity to collect personal data obtained for different purposes;

(b) the prior consent of the Office for the Protection of Personal Data is not required for the transfer or transfer of personal data to other States in the framework of cooperation in criminal matters carried out under an established international agreement, which the Czech Republic is bound by.

ČÁST ČTVRTÁ

SCOPE OF THE MANAGEMENT MINISTERS AND GOVERNANCE OF THE STATE REPRESENTATIVES

§ 13

(1) The Minister of Justice may at any time request information from any Public Prosecutor on the state of the proceedings in any case in which the Public Prosecutor is active, if such information is necessary for the performance of the duties of the Ministry of Justice ("the Ministry ') or if he needs such information as a member of the Government.

(2) The Ministry may, through the competent Head of Public Prosecutor, request any public prosecutor to process the documents necessary to deal with claims for damages claimed by the State for damages caused in the exercise of public authority. 4) Within the limits of the examination of those claims, the authorised officials of the Ministry shall have the right to be familiar with the content of the files and the evidence-based documents held with the prosecutors, as well as the right to request copies and extracts thereof.

Public Prosecutor's Administration

§ 13a

(1) The task of the administration of the Public Prosecutor's Office is to create conditions for the proper exercise of its duties, in particular in terms of personnel, organisational, economic, financial and educational, and to supervise, in the manner and within the limits of this law, the proper performance of the tasks assigned to the Public Prosecutor's Office.

(2) The performance of the administration of the Prosecutor's Office must not interfere with the performance of the tasks arising from its competence.

§ 13b

(1) The Ministry is the central authority of the Public Prosecutor's Administration.

(2) The authorities of the Public Prosecutor's Administration are the senior prosecutors and their deputy representatives; the authorities of the Public Prosecutor's Administration act on behalf of the Public Prosecutor's Office to the extent that they exercise the administration of the Public Prosecutor's Office under this Act.

§ 13c

(1) The Administration of the Supreme Prosecutor shall be carried out by the Ministry through the Supreme Prosecutor.

(2) The Administration of the High, Regional and District Prosecutor's Office shall be carried out by the Ministry directly or through the relevant senior prosecutors; the administration of the District Prosecutor's Office may also be carried out by regional prosecutors.

(3) The Head of Public Prosecutor's Office shall perform the administration of the Prosecutor's Office to the extent provided for in this Act.

(4) Deputy Head of Public Prosecutor's Office shall be responsible for the administration of the Public Prosecutor's Office to the extent specified by the relevant Head of Public Prosecutor; at the District Attorney's Office after consulting the Regional Prosecutor.

(5) Under their own responsibility, senior prosecutors may entrust individual acts to the administration of the Prosecutor's Office of another prosecutor or other staff of the Prosecutor's Office under whose authority they are headed.

(6) The senior prosecutors shall be responsible to the Ministry for the performance of the administration of the Public Prosecutor in charge; the district prosecutors are also responsible for the execution of the administration of the district prosecutors.

(7) In the performance of the administration of the Prosecutor's Office, the Head of the Prosecutor's Office shall be superior to the prosecutors and other staff of the Prosecutor's Office in charge; Regional prosecutors are also superior to district prosecutors in the performance of the administration of the Prosecutor's Office. In the performance of the administration of the Prosecutor's Office, senior prosecutors may issue measures which are binding on subordinates.

§ 13d

(1) The Ministry carries out the administration of the Public Prosecutor by:

(a) ensure the running of the public prosecutor's office on an organisational basis, in particular setting out the number of prosecutors and experts and other staff of the public prosecutor's office in respect of the quantities handled; it shall be established by agreement with the Supreme Prosecutor with the Supreme Prosecutor,

(b) ensure, in the manner laid down by this Act, the operation of the public prosecutor's office on the personnel side;

(c) ensure the operation of the prosecutors in financial and economic terms, in particular by providing financing and material security for the prosecutors and by reviewing the economic activities of the prosecutors;

(d) specify, within the approved budget chapter, the resources of the State Budget for the management of the Regional Prosecutor's Office and the District Prosecutor's Office in its district, at least to the extent of the breakdown of the binding indicators provided by the State Budget Act;

(e) organise, manage and control the performance of the administration of the Prosecutor's Office by senior prosecutors;

(f) deal with complaints lodged under this Act on the procedure of the Prosecutor's Office (hereinafter referred to as "complaints"),

(g) establish the methodology for the selection of legal candidates and manage their recruitment methodically;

(h) manage and organise waiting practices, in particular setting out the number of legal candidates for each Regional Public Prosecutor and deciding to count the duration of another legal activity into waiting practice;

(i) organise and provide for professional final examinations of prosecutors (hereinafter referred to as "final examination");

(j) organise and manage the training of prosecutors and other staff of the prosecutors;

(k) monitor the operation of the offices of the Prosecutor's Office;

(l) organise, manage and control methodically the security of defence and civil emergency planning tasks, the protection of classified information, the safety of persons and property, fire protection and safety and health at work tasks ("crisis management and safety tasks");

m) guide and manage the use of information technology;

n) carry out other tasks in the administration of the Prosecutor's Office under the legislation.

(2) The Ministry shall monitor the competence of prosecutors assigned to, or transferred to, senior, regional and district prosecutors. To this end, the Ministry

(a) manage methodically the assessment of the competence of prosecutors by senior prosecutors;

(b) monitor the evaluation of the competence of prosecutors and other knowledge of their competence.

(3) The Ministry establishes a Council on the competence of prosecutors and ensures its activities in terms of organisational, financial and material terms. The Ministry shall determine the terms of the election of its members and alternates from among the prosecutors.

§ 13e

(1) The Supreme Prosecutor shall exercise the administration of the Supreme Prosecutor by:

(a) ensure the operation of the Supreme Prosecutor's Office on the personnel and organisational aspects, in particular by participating in the casting of the Supreme Prosecutor's Office by the Prosecutor's Office, by ensuring that it is properly occupied by other professional and other staff and by handling staff matters of the prosecutors and other staff of the Supreme Prosecutor's Office;

(b) ensure the operation of the Supreme Prosecutor's Office in economic, material and financial terms;

(c) in accordance with the powers laid down in this Act, ensure continuity of proceedings with the Supreme Prosecutor and supervise the proper performance of the duties of prosecutors and other staff working with that Prosecutor,

(d) deal with complaints;

(e) provide further training for prosecutors and other staff of the Supreme Prosecutor's Office;

(f) ensure crisis management and security tasks at the Supreme Prosecutor's Office;

(g) ensure that information is provided to the Supreme Public Prosecutor under special legislation, 4a)

(h) carry out other tasks provided for by this law or specific legislation.

(2) The Supreme Prosecutor, through guidelines of a general nature, issues a standard organisational order of the Prosecutor's Office and unites and controls the performance of the file service of the Prosecutor's Office.

(3) The Attorney General shall ensure the competence of prosecutors assigned or transferred to the Supreme Prosecutor's Office. To that end,

(a) evaluate the competence of prosecutors assigned or transferred to the Supreme Prosecutor's Office (Sections 32a and 32b);

(b) submit a proposal for the opening of a public prosecutor's professional competence procedure pursuant to § 32d;

(c) require from the Judicial College reports on the results of vocational training required to assess the competence of prosecutors as referred to in (a).

§ 13f

(1) The Attorney General shall exercise the administration of the Attorney General by:

(a) ensure its operation on a staffing and organisational basis, in particular by submitting proposals for the appointment of the Prosecutor General, by providing proper staffing by experts and other staff, and by handling staff matters of prosecutors and other staff of the Attorney General,

(b) ensure the operation of the Attorney General's Office in economic, material and financial terms;

(c) in accordance with the powers laid down in this Act, ensure continuity of proceedings with the Attorney General and supervise the proper performance of the duties of the prosecutors and other staff working with that prosecutor,

(d) deal with complaints;

(e) provide further training for prosecutors and other staff of the Attorney General;

(f) ensure crisis management and security tasks at the Attorney General's Office;

(g) ensure that information is provided to the Supreme Public Prosecutor under special legislation, 4a)

(h) carry out other tasks provided for by this law or specific legislation.

(2) The Attorney General checks the performance of the file service with the Attorney General and with the Regional Prosecutor's Office in its district.

(3) The Prosecutor-General is responsible for the professional competence of prosecutors assigned or transferred to the Chief Prosecutor. To that end,

(a) evaluate the competence of the prosecutors assigned or transferred to the office of Attorney General (Sections 32a and 32b);

(b) submit a proposal for the opening of a public prosecutor's professional competence procedure pursuant to § 32d;

(c) require from the Judicial College reports on the results of vocational training required to assess the competence of prosecutors as referred to in (a).

§ 13g

(1) The Regional Prosecutor is responsible for the administration of the Regional Prosecutor's Office and the administration of the District Prosecutor's Office in its district by:

(a) ensure their operation on a staffing and organisational basis, in particular by submitting proposals for the appointment of the Regional Prosecutor's Office and the District Prosecutor's Office, ensuring their proper staffing by experts and other staff, handling the staffing of prosecutors and other staff of the Regional Prosecutor's Office, and, to the extent provided by them, also the staffing of prosecutors and other staff of the District Attorney's Office,

(b) ensure the operation of regional and district prosecutors in economic, material and financial terms;

(c) classifies the State Budget resources established jointly by the administrator of the State Budget Chapter for the management of the Regional Public Prosecutor's Office and for the management of the District Public Prosecutor's Office to at least the extent of the breakdown of the binding indicators provided by the State Budget Act or by the State Budget Chapter administrator;

(d) for the purposes of budgetary measures and the issue of limits, the office of administrator of the State Budget Chapter shall be performed by the district prosecutors;

(e) in accordance with the powers laid down in this Act, ensure continuity of proceedings with the Regional Prosecutor's Office and the District Prosecutor's Office, oversee the proper performance of the duties of the prosecutors and other staff working with those prosecutors;

(f) handling complaints;

(g) provide further training to prosecutors and other regional and district prosecutors,

h) having regard to the observations of the Judicial College, ensure the selection of legal candidates and conclude contracts with selected candidates;

(i) manage and control waiting practices in the district of the District Attorney's Office and its performance;

j) controls the performance of the file service at the Regional and District Prosecutor's Office;

(k) provide crisis management and security tasks for the regional and district prosecutors;

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Regulation Information

Citation	Full text of Act No. 153 / 2002 Coll., Act No. 283 / 1993 Coll., on the Prosecutor's Office, as resulting from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	19.04.2002
Effective from	-
Effective until	-
Status	Valid

Legal Areas: Economic (State) Power of executive and government authorities Wages, salaries, wages, compensation Labour relations Employment. Service relationship Labour law Judicial and Public Prosecutor's Office Administrative authorities Administrative law Government Constitutional (state) law Fundamental human rights Eligibility for the pursuit of certain professions (activities)

The regulation text is for informational purposes only.