Act No. 201 / 1997 Coll.
Salary Act and certain other requirements of prosecutors
Valid
Law
Effective from 01.09.1997
201
THE LAW
of 31 July 1997
on the salary and certain other requirements of prosecutors
Parliament has decided on this law of the Czech Republic:
PAYMENT AND CERTAIN OTHER CONSIDERATIONS OF STATE REPRESENTATIVES
The law in this section regulates the salary and certain other formalities connected with the performance of the office of public prosecutor.
(1) A salary is payable to the Prosecutor for the work he has done.
(2) In-kind transactions also belong to the public prosecutor, as provided for in this law.
Salary
(1) The salary is a monthly cash payment of the amount and under the conditions laid down in this Law.
(2) The salary shall be determined as the product of the salary base and the salary coefficient determined according to the number of years of deductible practice (hereinafter referred to as "practice") and the degree of the public prosecutor to which the public prosecutor is assigned (1) or (2) unless otherwise provided for in this law. The salary is rounded up to CZK 100.
(3) The salary base is 90% of the salary base laid down for judges in the Law establishing the salaries of judges. 21) The Ministry of Labour and Social Affairs in the Collection of Laws and International Treaties announces the amount of the salary base for the relevant calendar year.
(4) The payment coefficient referred to in paragraph 2 is to be determined by the Prosecutor
| okresního státního zastupitelství | krajského státního zastupitelství | vrchního státního zastupitelství | |
|---|---|---|---|
| 0,88 | 0,96 | 1,05 | do ukončení 5. roku |
| 1,01 | 1,09 | 1,17 | od počátku 6. roku |
| 1,14 | 1,26 | 1,33 | od počátku 9. roku |
| 1,22 | 1,35 | 1,47 | od počátku 12. roku |
| 1,30 | 1,44 | 1,60 | od počátku 15. roku |
| 1,35 | 1,53 | 1,68 | od počátku 18. roku |
| 1,39 | 1,56 | 1,72 | od počátku 21. roku |
| 1,43 | 1,59 | 1,75 | od počátku 24. roku |
| 1,46 | 1,64 | 1,80 | od počátku 27. roku |
| 1,51 | 1,67 | 1,84 | od počátku 30. roku. |
(5) The weighting laid down in paragraph 4 is increased
(a) to the district attorney of the District Attorney with a maximum of 10 scheduled prosecutors of 0,22 and more than 10 scheduled prosecutors of 0,25,
(b) to the Deputy District Attorney of the District Attorney with a maximum of 10 scheduled prosecutors of 0,09 and more than 10 scheduled prosecutors of 0,11,
(c) 0,40 to the Regional Prosecutor,
(d) to the Deputy District Attorney of 0.18;
(e) to the Head of the Regional Prosecutor's Department of 0.09;
(f) 0,50 to the Attorney General,
(g) 0,26 to Deputy Attorney General,
(h) to the Director of the High Prosecutor's Department of 0.12;
(i) Head of the Attorney General's Department of 0.07.
(6) The salary of the salary from the salary base is payable to the Prosecutor of the Supreme Prosecutor by a salary factor of 1,84. Salary coefficient increases
(a) the Director of the High Prosecutor's Department of 0.23;
(b) Head of the Supreme Prosecutor's Department of 0.15.
(7) The highest public prosecutor shall be entitled to a salary determined on the basis of a salary of 2,71.
(8) The Deputy State's Attorney General is entitled to a salary of 2,27 per salary basis.
The amount of the salary base until 31 December 2025
Until 31 December 2025, the salary base is CZK 109 516.50.
Salary for representation
A public prosecutor who, at the order of the Head of the Public Prosecutor, represents in full the activity for more than four weeks of the absence of a public prosecutor performing a higher office shall, from the first day of representation, be responsible for increasing the coefficient set out in Article 3 (5) or (6) for the function of the represented public prosecutor; the current increase in the coefficient referred to in Articles 3 (5) (a) to (i) and 3 (6) (a) and (b) shall not apply to the public prosecutor during the period of representation. The increase in the coefficient does not apply if representation is part of the public prosecutor's duties.
Salary on temporary secondment to the office of public prosecutor
(1) During the period of secondment to another Prosecutor's Office (4), the current salary or salary which would have been payable to him in the performance of his duties, for which he was temporarily assigned to another Prosecutor's Office, shall be payable to the State Prosecutor if the salary is higher.
(2) For the duration of the temporary secondment of the Prosecutor to another institution or organisation4), the current salary is payable to the Prosecutor. If it is an institution or organisation having its registered office outside the territory of the Czech Republic, the current salary shall be payable to the State Prosecutor unless he is remunerated for the performance of his duties by the institution or organisation to which he has been seconded.
(3) To the extent that he fulfils the obligations of the Prosecutor under the Law on the Prosecutor, the public prosecutor appointed as the European Prosecutor shall have a proportion of the salary.
(1) The salary shall be fixed to the public prosecutor, taking into account any overtime work.5) This shall not apply to overtime worked at night (5a) and on the day of work. 5b)
(2) For an hour of overtime referred to in paragraph 1 of the second sentence, the public prosecutor shall be entitled to part of the salary determined in accordance with Article 3, corresponding to one hour of overtime work in the calendar month in which the overtime worked, plus 50% of the average hourly earnings, unless the public prosecutor has agreed to grant a replacement leave instead of overtime. The salary shall not be reduced for the duration of the allowance. If the competent Head of Public Prosecutor does not provide the public prosecutor with a replacement leave within three consecutive calendar months after the work has been done overtime or at an otherwise agreed time, the public prosecutor shall have part of the salary and its increase in accordance with the first sentence.
Practice
(1) The number of years of experience applicable to the determination of the salary coefficient referred to in Article 3 (4) shall be counted against:
(a) the term of office of the Prosecutor, (6) Prosecutor (7) and Prosecutor (7)
(b) the duration of the waiting practice of the legal waiter8) and the legal candidate of the prosecution, 9)
(c) by a public prosecutor, a proven period of other legal practice after obtaining full university legal education.
(2) The period during which the prosecutor was unable to perform the duties of prosecutor7) or the prosecutory7) for the reasons set out in the Special Act, 10) shall be considered as the period referred to in paragraph 1 (a).
(3) For reasons of special concern, the Minister of Justice may take part in a period of practice and other times.
(4) The period of experience referred to in paragraph 1 shall also count:
(a) the exercise of military essential (substitute) services11) and civil services12) to the extent provided for by the special law for the exercise of military essential (substitute) service;
(b) maternity and parental leave (13) or permanent childcare to an extent equivalent to the length of maternity and parental leave in force at the time of such care under special rules, (14) if the prosecutor did not at the same time prepare in daily studies15) for the profession, or for the personal care period of a long-term disabled minor who required exceptional care, unless it was placed in an institution for such children, but not more than a total of six years; and
(c) a period of time not exceeding three months in a calendar year for another excused absence at work.
(5) In assessing the practice of increasing the salary coefficient to the District Attorney's Office from 1.01 to 1.14, the District Attorney's Office from 1.09 to 1.26 and the Attorney General's Office from 1.17 to 1.33, the provisions of the foregoing provisions may be applied only on condition that the Prosecutor has actually served as Prosecutor (6) for at least three years, up to which the periods referred to in paragraph 4 (a) and (c) shall not be counted. Pending the fulfilment of the condition laid down in the first sentence, a salary determined from the salary base shall be payable by a salary factor of 1,01, a Regional Prosecutor's Office of 1,09 and a Chief Prosecutor's Office of 1,17. After its completion, the relevant period shall be determined in accordance with the procedure laid down in paragraphs 1 to 4.
Salary for temporary dismissal of a public prosecutor
(1) In the event of temporary discharge from office to the Prosecutor for a period of:
(a) the performance of the duties of judge of the Constitutional Court is not due to the current salary;
(b) the performance of the duties of a Judge, Assistant Judge or equivalent before an international court, an international criminal tribunal or an equivalent international judicial authority shall be subject to an existing salary, provided that the remuneration for the performance of his duties abroad is not paid by that international court, an international criminal tribunal or an equivalent international judicial authority;
(c) temporary secondment to the Ministry of Justice or to the Judicial Academy shall be subject to the current salary.
(2) For the duration of the temporary discharge pursuant to Paragraph 22 (2) of the Prosecutor's Office Act, 50% of the salary for which he was entitled on the date on which the temporary suspension took place and for the duration of the temporary suspension. If the post of Prosecutor has not been terminated, the remaining part of the salary to which he would otherwise have been entitled shall be paid to the Prosecutor; This does not apply if the prosecutor has been convicted of a criminal offence, if the disciplinary proceedings have been terminated as a result of the resignation of office or if the court has declared that the office would be terminated if the prosecutor had not given up before.
Natural filling
(1) In-kind transactions are transactions in kind and services provided or paid to the public prosecutor to the extent and under the conditions set out below.
(2) The Chief Prosecutor and Deputy Prosecutor-General are responsible for the administration and use of one participating telephone station.
(3) In addition, the highest public prosecutor shall be responsible for the use of the service vehicle with or without the driver for the performance of his or her duties, and for the personal use of the service vehicle with or without the driver, and for enabling contact with the family.
(4) The Attorney General shall be responsible for the performance in kind of:
(a) the use of a service vehicle with or without the driver for the performance of its duties or in connection with it and to enable contact with the family;
(b) the establishment and use of one participating telephone station.
Common provisions
(1) A salary shall be payable to the State Prosecutor from the date on which he became an agent until his employment is terminated.
(2) The public prosecutor shall be entitled to a higher salary rate from the first day of the calendar month in which he reached the period of experience laid down in Article 3 (4).
(3) The public prosecutor shall be entitled to an increase in the rate referred to in Articles 3 (5) (a) to (i) and 3 (6) (a) and (b) from the first day of the calendar month in which the event giving rise to such an increase occurred. The entitlement shall cease to exist on the last day of the calendar month in which the event justifying the increase in the salary coefficient has ceased to exist.
The Deputy Prosecutor-General and the Deputy Prosecutor-General shall be responsible for the performance in kind from the date of appointment to those duties until the date of withdrawal from these functions.
(1) The salary and other formalities are provided to the Prosecutor's Office, in which the Prosecutor performs his duties in employment.
(2) The salary is payable on equal terms as for ministerial staff. 18)
(3) Salary deductions can only be made on the basis of a salary withholding agreement. Without this agreement, the amount of the salary may be deducted solely for the same reason and in the same scope and order as for ministerial staff. 19)
(4) A salary entitlement may be applied within three years of the date on which it may be applied for the first time. Entitlement to be fulfilled in kind shall cease on the day of termination of office.
Transitional and final provisions
The Public Prosecutor shall be counted against all periods that have been counted under the previous regulations on the date of application of this Act until the period of practice.
If the special provisions applicable to the public prosecutor contain provisions on the fee, allowances and remuneration, this shall be understood as a salary under this law.
From the date of application of this Act, the public prosecutor shall be entitled to pay, additional pay and other formalities only under this Act. Other cash and non-cash benefits in connection with the performance of a post of employment shall not apply to the public prosecutor from that date, except for travel allowances under a special rule. 20)
The following shall be deleted:
1. regulation of the Government of the Czech Republic No. 254 / 1992 Coll., on salary ratios of prosecutors, prosecutors and legal candidates, as amended by the Government of the Czech Republic No. 442 / 1992 Coll., Decree No. 145 / 1993 Coll., Decree No. 61 / 1994 Coll. and Decree No. 178 / 1995 Coll.,
2. § 32 paragraph 2 and the sentence of second paragraph 3 of Act No. 283 / 1993 Coll., on the Prosecutor's Office.
That law shall take effect on the first day of the calendar month following its publication.
Zeman v. r.
Havel v. r.
Klaus v. r.
1) Paragraph 19 (1) of Act No. 283 / 1993 Coll., on the Prosecutor's Office.
2) § 19 paragraphs 2 and 3 of Act No. 283 / 1993 Coll.
3) Article 4 (h) of Act No 222 / 2016 Coll., on the Collection of Laws and International Treaties and on the Legislation of Laws and International Treaties (Act on the Collection of Laws and International Treaties).
4) § 19a of Act No. 283 / 1993 Coll., as amended by Act No. 14 / 2002 Coll.
5) Section 96 of the Labour Code.
(5a) Paragraph 99 (1) of the Labour Code.
(b) Paragraph 91 (1) of the Labour Code.
6) § 18 of Act No. 283 / 1993 Coll.
7) § 37 et seq. of Act No. 60 / 1965 Coll., on the Prosecutor, as amended.
8) § 33 of Act No. 283 / 1993 Coll.
9) Article 51 of Act No. 60 / 1965 Coll., as amended.
10) § 21 of Act No. 87 / 1991 Coll., on extrajudicial rehabilitation.
11) Sections 27 and 28 of Act No. 92 / 1949 Coll., Defense Act, as amended.
12) Act No. 18 / 1992 Coll., on Civil Service, as amended.
13) Section 157 of the Labour Code.
14) For example, Act No. 99 / 1948 Coll., on National Insurance, as amended, Act No. 58 / 1964 Coll., on Increased Care for Pregnant Women and Mothers, as amended, and Labour Code.
15) § 20 (1) and § 27a of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended by Act No. 138 / 1995 Coll. § 29 of Act No. 172 / 1990 Coll., on Higher Education.
18) Sections 16 and 17 of Act No. 143 / 1992 Coll., on the salary and remuneration for on-call duty in the Budget and in certain other organizations and bodies, as amended by Act No. 40 / 1994 Coll., § 10a paragraph 6 of the First Decree of the Government of the Czech Republic No. 253 / 1992 Coll., as amended.
19) Article 18 of Act No. 143 / 1992 Coll., as amended. § 13 of Decree No. 108 / 1994 Coll., implementing the Labour Code and certain other laws.
20) Act No. 119 / 1992 Coll., on Travel Refunds, as amended by Act No. 44 / 1994 Coll.
21) § 3 (3) and § 3b (2) of Act No. 236 / 1995 Coll., on the salary and other formalities connected with the performance of the duties of representatives of state authority and of certain state bodies and judges and Members of the European Parliament, as amended by Act No. 309 / 2002 Coll. and Act No. 425 / 2010 Coll.
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Regulation Information
| Citation | Act No. 201 / 1997 Coll., on the salary and certain other formalities of prosecutors |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.08.1997 |
|---|---|
| Effective from | 01.09.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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