Decree No. 218 / 1998 Coll.
Decree of the Ministry of Justice amending Decree of the Ministry of Justice No. 23 / 1994 Coll., on the Rules of Procedure of the Prosecutor's Office, the establishment of branches of certain public prosecutors and details of the acts carried out by legal candidates, as amended by Decree No. 265 / 1997 Coll.
Valid
Order
Effective from 01.10.1998
Text versions:
01.10.1998
29.09.1998
218
DECLARATION
Ministry of Justice
of 17 September 1998
amending Decree No. 23 / 1994 of the Ministry of Justice Coll., on the Rules of Procedure of the Public Prosecutor's Office, the establishment of branches of certain public prosecutors and details of acts carried out by legal candidates, as amended by Decree No. 265 / 1997 Coll.
The Ministry of Justice provides for the Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 261 / 1994 Coll.:
Decree No. 23 / 1994 Coll., on the Rules of Procedure of the Public Prosecutor's Office, the establishment of branches of certain public prosecutors and details of the acts carried out by legal candidates, as amended by Decree No. 265 / 1997 Coll., is hereby amended as follows:
1.
In order to exercise supervision over the maintenance of legality in preparatory proceedings, the competent public prosecutor shall be assigned to the public prosecutor who is present in a court which would have been competent to take action after the prosecution has brought the action at first instance. ';
2.
Paragraph 12 shall apply mutatis mutandis to the determination of the State's jurisdiction to conduct criminal proceedings prior to the start of criminal prosecution. If such an act cannot be carried out by a competent public prosecutor because of its urgency, it may also be carried out by a public prosecutor not competent; in that case, the competent public prosecutor shall be informed of the execution of the operation without undue delay and the matter shall be referred to him. ';
3.
The High Prosecutor's Office shall be responsible for the conduct of criminal proceedings prior to the start of criminal prosecution and for the exercise of supervision of the maintenance of legality in preparatory proceedings in respect of a matter which has been removed from the immediately lower Public Prosecutor's Office, and shall act on its own. ';
4. Article 15 shall be deleted;
This Decree shall take effect on 1 October 1998.
Minister:
JUDr. Motél v. r.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 218 / 1998 Coll., amending Decree of the Ministry of Justice No. 23 / 1994 Coll., on the Rules of Procedure of the Prosecutor's Office, the establishment of branches of certain prosecutors and details of acts carried out by legal candidates, as amended by Decree No. 265 / 1997 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.09.1998 |
|---|---|
| Effective from | 01.10.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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