Decree No. 226 / 2016 Coll.
Decree amending Decree No. 23 / 1994 of the Ministry of Justice 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
Valid
Order
Effective from 01.08.2016
Text versions:
01.08.2016
21.07.2016
226
DECLARATION
of 12 July 2016
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
The Ministry of Justice provides for the Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 14 / 2002 Coll., Act No. 192 / 2003 Coll. and Act No. 79 / 2006 Coll.:
Amendment of the Rules of Procedure of the Prosecutor
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 actions carried out by legal practitioners, as amended by Decree No. 265 / 1997 Coll., Decree No. 218 / 1998 Coll., Decree No. 311 / 2000 Coll., Decree No. 183 / 2001 Coll., Decree No. 468 / 2001 Coll., Decree No. 88 / 2005 Coll., Decree No. 252 / 2007 Coll., Decree No. 7 / 2010 Coll., Decree No. 462 / 2011 Coll., Decree No. 4 / 2014 Coll. and Decree No. 263 / 2015 Coll., is amended as follows:
1. in Article 15 (1), the following points (h) to (j) are inserted after point (g):
"(h) pursuant to Title 7, Part 2 of the Special Code of Criminal Procedure and Peace-threatening Crimes under Section 409 of the Criminal Code and the infringement of international sanctions under Section 410 of the Criminal Code,
(i) where the nature of the facts is to enable or facilitate the commission of a criminal offence of treason under Section 309 of the Penal Code, a terrorist attack under Section 311 of the Penal Code or Terror under Section 312 of the Penal Code,
(j) participation in an organised criminal group pursuant to Article 361 of the Criminal Code or committed for the benefit of an organised criminal group where the circumstances of the case give rise to a connection with a crime referred to in (h) or (i), ';
2. In Article 15, the following paragraph 2 is inserted after paragraph 1:
"(2) In order to supervise the maintenance of legality in preparatory proceedings in criminal matters pursuant to the title of the ninth parts of Parts 1 and 2 of the special section of the Criminal Code, the competent public prosecutor of the Attorney General's office, in whose district there is a lower public prosecutor's office, who would otherwise be competent in the matter. ';
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
3. In Article 15 (3), "paragraph 1 'is replaced by" paragraphs 1 and 2';
4. in Article 15 (4), "1 and 2 'is replaced by" 1 to 3' and "1 or 2 'is replaced by" 1, 2 or 3';
5. In Article 15 (5), "3 'is replaced by" 4'.
6. in Article 15 (6) (a), the word "or" shall be deleted;
7. In Article 15, at the end of paragraph 6, the dot is replaced by "or 'and the following point (c) is added:
"(c) criminal offences involving unauthorised access to the computer system and the information carrier pursuant to Section 230 of the Criminal Code, measures and possession of access equipment and passwords to the computer system and other such data pursuant to Section 231 of the Criminal Code, damage to the recording in the computer system and on the information medium and interference in the equipment of a computer through negligence pursuant to Section 232 of the Criminal Code, general threats pursuant to Section 272 of the Criminal Code, illegal manufacture and possession of nuclear material and special fissile material pursuant to Section 282 of the Criminal Code, illicit manufacture and other handling of narcotic substances and of highly dangerous substances and of poisons under Section 283 of the Criminal Code, where the circumstances of the case result in connection with any criminal offence referred to in paragraph 1 (h) or in paragraph 282 of the Criminal Code.";
Transitional provision
In cases referred to in Sections 15 (1) (h) to (j) and 15 (2) of Decree No 23 / 1994 Coll., as effective after the date of entry into force of this Order, in which criminal proceedings were initiated before the date of entry into force of this Order, the jurisdiction of the State Prosecutor shall be determined in accordance with the existing legislation.
Efficacy
This Order shall take effect on the first day of the first calendar month following its publication.
Minister:
JUDr. Pelican, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 226 / 2016 Coll., amending Decree of the Ministry of Justice 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 actions carried out by legal candidates, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.07.2016 |
|---|---|
| Effective from | 01.08.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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