Decree No. 227 / 2021 Coll.

Decree amending Decree 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

Valid Order Effective from 01.01.2022
Contents
227
DECLARATION
of 27 May 2021
amending 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
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.:
Čl. I
Decree No. 23 / 1994 Coll., on the Rules of Procedure of the Prosecutor's Office, on the establishment of branches of certain 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. 166 / 2017 Coll., Decree No. 363 / 2011 Coll., Decree No. 4 / 2014 Coll., Decree No. 263 / 2015 Coll., Decree No. 226 / 2016 Coll., Decree No. 166 / 2017 Coll., and Decree No. 363 No. 363 / 2017 Coll., is amended as follows:
1. In the title of Section 7c, the word "Karviná 'is replaced by" Karviná'.
2. In Article 11 (b), the word "or 'is replaced by a comma and at the end of the text of the letter the words" or in the performance of a security detention' are added.
3. in Article 11 (e) to (k):
"(e) the filing of submissions to the public prosecutor, including proposals;
(f) a decision on the level of remuneration of the lawyer and the agent of the injured party who are entitled to the remuneration of the State and the amount of compensation for their expenses;
(g) the decision on the witness, expert, interpretation and remuneration of the consultant admitted for criminal proceedings, the amount of compensation for their expenses and the remuneration for professional observations made at the request of the law enforcement authorities;
(h) the preparation of supporting documents for the decision on the suspension of the application for punishment, the suspension of criminal prosecution or the levelling up and processing of the draft written copy of those decisions;
(i) a decision on credits under the criminal rules decided by the prosecutor;
(j) preparation of documents for the decision on:
1. Whether the remainder of the commitment to refrain during the probationary period of the suspension of the application for the punishment or suspension of the prosecution of a particular activity, including the holding and rearing of animals or their care, will not be carried out,
2. whether the restrictions imposed are lifted, an adequate obligation, an educational measure or supervision;
3. a certificate or non-certificate in the probationary period of suspension of an application for a criminal prosecution or suspension of a criminal prosecution, including evidence for a decision to maintain a conditional postponement of the application for a penalty or suspension of a criminal prosecution in force or for a decision to continue the prosecution of an accused person who has not been certified in the prescribed probationary period of suspension of a criminal prosecution or for an order to initiate a criminal prosecution of a suspect who has not been certified in the prescribed probationary period of postponement;
(k) processing of the draft draft draft decision referred to in (j), ';
4. In the second sentence of Article 12 (3), the words "public prosecutor's office locally and factually competent 'shall be replaced by the words" public prosecutor's office and / or the competent public prosecutor's office shall inform the Office of the European Public Prosecutor of such a case, if the case in question is, or may be, given in substance to the Office of the European Public Prosecutor's Office' and in the third sentence, the words "referral 'shall be replaced by the words" procedure under the second sentence'.
5. In the first sentence of Article 17 (2), the words "or the Office of the European Public Prosecutor 'shall be inserted after the words" or the Office of the European Public Prosecutor' if its content indicates that it is a matter in which the European Public Prosecutor's Office is, or may be, vested in it '; in the second sentence, the words "or the Office of the European Public Prosecutor' shall be inserted after the word" or the Office of the European Public Prosecutor '; and at the end of the second sentence the words "or the Office of the European Public Prosecutor' shall be added.
6. In the second sentence of Paragraph 20, the words "the continuation of the link or 'are deleted.
7. Paragraph 27 (2) reads as follows:
"(2) Within the limits of availability, the prosecutor shall ensure that further criminal proceedings are carried out if the execution of such proceedings is not subject to a delay. '.
8. In the title of Part Five, the words "THE TERMINATION OF CRITICAL COMPLAINTS AND THE POSITION OF THINGS TO ANOTHER AUTHORITY IN THE MANAGEMENT 'are deleted.
9. In paragraphs 56 and 57, first sentence, the words "the non-prosecution of a suspect under Paragraph 159d (1) of the Penal Code," shall be inserted after the words "the representative."
Čl. II
Efficacy
This Decree shall take effect on 1 January 2022.
Minister of Justice:
Mgr. Benešová v. r.

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Regulation Information

CitationDecree No. 227 / 2021 Coll., amending 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 candidates, as amended
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation09.06.2021
Effective from01.01.2022
Effective until-
Status Valid
The regulation text is for informational purposes only.
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