Act No. 168 / 1990 Coll.
Law amending and supplementing the law on the prosecution
Valid
Effective from 01.06.1990
168
THE LAW
of 7 May 1990
amending and supplementing the Prosecutor's Law
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Act No. 60 / 1965 Coll., on the Prosecutor, as amended by Acts No. 71 / 1967 Coll., No. 147 / 1969 Coll., No. 29 / 1978 Coll. and No. 196 / 1988 Coll., are amended as follows:
Article 1 (1) reads as follows:
"(1) Supervision of the consistent implementation and maintenance of laws and other legislation by ministries and other government bodies, national committees and organisations and citizens is the responsibility of the Prosecutor General of the Czech and Slovak Federal Republic."
2. In Paragraph 1, the following paragraph 2 is inserted after paragraph 1:
"(2) The status and authorization of prosecutors before courts and state notaries are governed by specific laws."
3. in Article 1 paragraphs 2, 3 and 4 shall be renumbered paragraphs 3, 4 and 5. Paragraph 5 shall be deleted.
4.
(1) The prosecution shall guard, enforce and consolidate legality, regardless of any local influence, ensuring the unity of legality throughout the territory of the Republic.
(2) The performance of supervision of the correct and uniform implementation and maintenance of laws and other legislation protects the prosecution
(a) the State and its constitutional establishment;
(b) political, personal, family, labour, social, housing, property and other rights and the legally protected interests of citizens;
(c) the rights and the legally protected interests of organisations;
(d) the fighting capacity of the armed forces and armed corps and the discipline and order provided for therein.
(3) The prosecution's entire activities contribute to enhancing respect for the rule of law, the fulfilment of civil obligations and respect for civil rights and freedoms. "
5. Article 3 (1) (a), (d) read:
"(a) the supervision of the consistent implementation and maintenance of the laws and other legislation of the Ministry and other government bodies, national committees, organisations and individual citizens;
(d) participation and exercise of jurisdiction in proceedings before courts and public notaries under special laws. "
Article 3 (3) is deleted.
6. In Section 4, the word "socialist" is deleted.
7. In Paragraph 7 (1), the word "socialist" is deleted.
8.
"(2) The prosecutors shall be entitled to attend the meetings of the national committees and their bodies and other bodies of state administration with an advisory vote. '.
9.
(1) The prosecutors are responsible for ensuring that the public authorities, national committees and organisations themselves ensure compliance with the legality both in the exercise of their duties and with the subordinate authorities and ensure that those responsible for the infringement are held liable.
(2) The prosecutors shall verify whether and how the control authorities fulfil their obligations to ensure the legality imposed on them by law and act by their means to remedy the deficiencies identified. "
10.
(1) Ministries, other government bodies, national committees and organisations are required to assist prosecutors in the performance of their duties, to comply with their requests within the prescribed time limit, in particular to lend them files and documents and to provide them with explanations and to enable them to determine whether laws and other generally binding laws are maintained, to enter their official buildings and other premises.
(2) In order to carry out the tasks set out in this Act, prosecutors are also assisted by courts and public notaries, in particular by lending them files and documents.
(3) The prosecutors shall be entitled to require the public authorities and organisations to carry out verifications and revisions where there are reasonable grounds for suspecting a breach of legality or, where appropriate, that a criminal offence has been committed. These authorities and organisations shall comply with requests within the time limits set by the prosecutor. As regards the reimbursement of the costs associated with this, it will be regulated by a special regulation.
(4) The obligations and authorisations referred to in paragraphs 1, 2 and 3 shall not apply to matters of an operational and mobilising nature. "
11. In Paragraph 12 (1), the words "socialist" are deleted.
12. In the second sentence of Paragraph 12 (2), the words "socialist" and "its causes" are deleted.
13. in Article 13 (4), the amount "200 CZK" is replaced by the amount "500 CZK";
Article 14 (1) reads as follows:
"(1) The prosecutors shall supervise the consistent implementation and observance of laws and other generally binding legislation by the ministries and other government bodies, national committees, organisations and individual citizens, and that no one is illegally restricted in their rights. ';
15. Article 17 (1) reads as follows:
"(1) The prosecutors shall notify the ministries and other authorities of the state administration, national committees and organisations in order to eliminate infringements of laws and other legislation."
16. § 19 is released.
17.
"Participation and jurisdiction of the Prosecutor in proceedings before courts and state notaries'.
18. Paragraph 20 (1) shall be deleted. Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
19. § 33 reads:
(1) The Prosecutor General of the Czech and Slovak Federal Republic, the Prosecutor General of the Republics and the Chief Military Prosecutor shall direct and control the activities of all their subordinate prosecutors. In order to carry out their tasks, they shall issue orders and instructions binding on all subordinate personnel of the prosecution. They also issue generally binding regulations if they are empowered by law to do so.
(2) In order to unify the interpretation of laws and other generally binding laws issued by the authorities of the Czech and Slovak Federal Republic, the Prosecutor General of the Czech and Slovak Federal Republic issues opinions binding on all prosecutors and investigators of the prosecution. The Prosecutor General of the Republic to unify the interpretation of laws and other generally binding laws issued by the authorities of the Republic shall issue binding opinions to subordinate prosecutors and prosecutors.
(3) The general prosecutors are represented to the extent provided for by their deputy representatives. One Deputy Prosecutor General of the Czech and Slovak Federal Republic is the Chief Military Prosecutor, who represents the Prosecutor General of the Czech and Slovak Federal Republic in the performance of the tasks of the armed forces and armed forces. "
20. Paragraph 37 (1) reads as follows:
"(1) The prosecutor or investigator of the prosecution may be appointed as a professional, upstanding citizen of the Czech and Slovak Federal Republic, who
(a) reach the age of at least 24 years;
(b) has a full law degree;
(c) during a specified period, he has carried out a waiting experience and successfully passed the final examination;
(d) is not a member of any political party (1) ';
21. In Paragraph 37 (3), the last part of the sentence after the semicolon is deleted.
22.
The prosecutors and investigators of the prosecution shall, upon their first provision, take the following oath in the hands of the superior prosecutor:
"I promise in my honour and conscience that I will be faithful to the Czech and Slovak Federal Republic, that I will promote and consolidate legality, take care of the interests of the Republic in the performance of my duties and remain silent in official matters."
23. Paragraph 40 shall be added to paragraph 4:
"(4) The Chief Prosecutor (§ 38) will also decide on the termination of his employment if the Prosecutor or Prosecutor of the State Citizenship of the Czech and Slovak Federal Republic, or if he is a member of the political party (1)."
24. The following Section 40a is inserted after Paragraph 40:
(1) If the time limit referred to in Article 47 (1) for the introduction of disciplinary proceedings has elapsed, the superior prosecutor authorised to take a decision pursuant to Article 38 may, after having established the opinion of the Commission for that purpose, immediately terminate the employment with the prosecutor or investigator of the prosecution, if the prosecutor or investigator has violated his duties in such a way that he has lost the trust needed to hold the current office.
(2) The measures provided for in paragraph 1 may be implemented by 1 June 1991. "
25.
The prosecutors and investigators of the prosecution are required to maintain laws and other laws in the performance of their duties. They are also obliged to follow orders and to maintain confidentiality in official matters, unless they have been relieved of that obligation in a particular case by a superior prosecutor entitled to a decision pursuant to Paragraph 38. In addition, they are obliged to refrain from carrying out their duties and in the civil life of anything that might undermine the seriousness of the prosecution or reduce citizens' confidence in it. "
Transitional provisions
1. Prosecutors and investigators of the Prosecutor who are members of a political party at the date of the effective date of the law, 1) do not lose their preconditions for the performance of their duties if, within two months of the entry into force of this law, they cease their membership of them.
2. Prosecutors and investigators of the Prosecutor's Office shall, in accordance with Section 39, lodge a promise in the hands of a superior prosecutor within 1 month of the effectiveness of this law. The composition of the promise shall be allowed within that period. If prosecutors or prosecutors refuse to make a promise, the employment relationship to the date of refusal will be deemed to have ended.
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of the Prosecutor's Act, as is apparent from the later laws.
This Law shall enter into force on 1 June 1990.
Havel v. r.
Dubček v. r.
CHF
1) Act No. 15 / 1990 Coll., on political parties.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 168 / 1990 Coll., amending and supplementing the Law on the Prosecutor |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.05.1990 |
|---|---|
| Effective from | 01.06.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0