Decree of the Ministry of Justice No. 23 / 1994 Coll.
Decree of the Ministry of Justice 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
Valid
Effective from 09.02.1994
Contents
ČÁST PRVNÍ
HLAVA PRVNÍ
§ 1
§ 2
§ 3
HLAVA DRUHÁ
§ 4
§ 5
§ 6
§ 7
§ 7a
§ 7b
§ 7c
§ 8
§ 10
HLAVA TŘETÍ
§ 11
ČÁST DRUHÁ
Oddíl první
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 18a
§ 19
§ 20
§ 20a
§ 21
§ 22
§ 23
Oddíl druhý
§ 24
§ 25
§ 26
Oddíl třetí
§ 27
§ 28
ČÁST TŘETÍ
§ 29
ČÁST ČTVRTÁ
HLAVA PRVNÍ
§ 30
HLAVA DRUHÁ
Oddíl první
§ 31
§ 32
§ 33
Oddíl třetí
§ 39
§ 40
§ 42
Oddíl čtvrtý
§ 43
Oddíl pátý
§ 45
Oddíl šestý
§ 46
HLAVA TŘETÍ
§ 47
ČÁST PÁTÁ
§ 56
§ 57
ČÁST ŠESTÁ
§ 58
§ 59
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23
DECLARATION
Ministry of Justice
of 7 January 1994
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
The Ministry of Justice provides, pursuant to Articles 7, 34 and 40 of Act No. 283 / 1993 Coll., on the Prosecutor's Office (hereinafter referred to as "the Act '), and Article IV (9) of Act No. 292 / 1993 Coll., amending and supplementing Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), Act No. 21 / 1992 Coll., on Banks, and Act No. 335 / 1991 Coll., on Courts and Judges:
MANAGEMENT OF THE WORK OF THE STATE REPRESENTATIVES
Performance of supervision in the public prosecutor's system
(1) The exercise of supervision focuses, in particular, on compliance with and application of legislation within the competence of the Public Prosecutor's Office and in the activities of the Public Prosecutor's Office, on compliance with the instructions of the High Prosecutor's Office and the Head of Public Prosecutor's Office, on the organisation and management of the work and on the execution of guidelines of a general nature of the Attorney General.
(2) Within the scope of supervision, the higher prosecutors shall in particular be entitled to:
(a) require special reports on the procedure of prosecutors in the performance of the duties of the Prosecutor's Office;
(b) require information on individual cases dealt with by the lower prosecutors;
(c) examine any case dealt with by the lower prosecutors and, to that end, require the lower prosecutors to submit all the documents supporting the handling of such a case, as well as the relevant observations and opinions, unless a specific rule for examining such a case provides for a different procedure in a binding manner, 1)
(d) carry out, at the lower prosecutor's office, checks on individual cases, checks on certain sections of the activities of the lower prosecutor's office or overall checks on the activities of the lower prosecutor's office;
(e) give instructions to the lower public prosecutor in cases for which the lower public prosecutor is responsible (1a) and, in statutory cases, withdraw the case from the lower public prosecutor and deal with it (1b).
(3) Where an initiative to exercise supervision is made with a public prosecutor, in the case of a material or locally incompetent prosecutor, the public prosecutor shall forward it without delay to the competent public prosecutor and inform the person responsible.
(4) In other contexts, the prosecutors do not examine the same content and do not notify the authorities of their acceptance. This must already be provided by the provider in the first complaint.
(1) In the exercise of supervision of the procedure of the immediately lower prosecutors, which is also supervised by nature, the higher prosecutors focus their attention only on assessing the level and effectiveness of such supervision. The legality of the procedure which was subject to the exercise of the original supervision may only be reviewed if a special law so provides. 1c)
(2) Where a complaint is served on the public prosecutor, in which an instance of malpractice or unlawful conduct in the exercise of supervision is objected, the public prosecutor closest to the public prosecutor shall refer the complaint to the immediately lower public prosecutor whose malpractice or malpractice in the exercise of supervision is objected to to the assessment of whether the additional content of the same complaint lodged after the instruction under Paragraph 1 (4). It shall inform the sender of the referral with explicit notice of the possible postponement of the complaint by the lower prosecutors without further notification. The lower Public Prosecutor's Office shall postpone the same complaint without informing the Provider; otherwise carry out supervision pursuant to Paragraph 1 (1). This is without prejudice to the authorisation of the High Prosecutor in justified cases to review the procedure of the immediately lower Prosecutor in the exercise of supervision.
(3) Other content-consistent initiatives in which malpractice or malpractice in the exercise of supervision is objected shall not be examined by the prosecutors and shall not communicate their acceptance. This must already be learned by the administration in the notification of the transfer of the first such initiative to the immediately lower public prosecutor for evaluation pursuant to § 2 (2).
Obligation to maintain confidentiality
(1) In addition to prosecutors and lawyers, other prosecutors are obliged to remain silent about all the facts they have learned in connection with the performance of the activities of the prosecutors. The obligation to remain silent shall continue after termination of employment.
(2) The staff referred to in paragraph 1 may be relieved of the duties of confidentiality by the Head of the Prosecutor.
ESTABLISHMENT OF THE GOODS OF CERTAIN STATE REPRESENTATIVES AND DETERMINATION OF EXEMPTIONS WITH REGARD TO THE TERRITORIAL INSTRUMENTS OF STATE REPRESENTATIVES
In order to carry out the tasks of the Public Prosecutor's Office set up within the scope of his or her branch, the Head of the Public Prosecutor's Office responsible shall provide for a range of matters to be dealt with in such branches. It shall publish the measures in a way that allows remote access.
Regional Prosecutor's Office in České Budějovice - Branch Office in Tábor
(1) His branch in Tábor is established in the District of the Regional Prosecutor's Office in České Budějovice.
(2) The seat of the branch is the city of Tabor.
Regional Prosecutor's Office in Ústí nad Labem - Branch Office in Liberec
(1) A branch of the Regional Prosecutor's Office in Ústí nad Labem is established in Liberec.
(2) The seat of the branch is the city of Liberec.
Regional Prosecutor's Office in Ostrava - Branch Office in Olomouc
(1) A branch of the Regional Prosecutor's Office in Olomouc is established in Ostrava.
(2) The seat of the branch is the city of Olomouc.
Regional Prosecutor's Office in Brno - Branch Office in Zlín
(1) A branch of the Regional Prosecutor's Office in Zlín is established in Brno.
(2) The seat of the branch is the City of Zlín.
Regional Prosecutor's Office in Brno - branch of Jihlava
(1) His branch in Jihlava is established in the District of the Regional Prosecutor's Office in Brno.
(2) The seat of the branch is the town of Jihlava.
District Attorney's Office in Karviné - branch in Havířov
(1) His branch in Havířov is established in the district of the District Prosecutor's Office in Karviná.
(2) The seat of the branch is the city of Havířov.
Prosecutor General in Olomouc - Branch Office in Brno and Branch Office in Ostrava
In the district of the High Prosecutor's Office in Olomouc, branches are established in Brno and Ostrava.
Jurisdiction of the prosecutors in criminal proceedings on criminal offences of members of the General Inspection of Security Councils and its staff, members of the Military Police and intelligence services
(1) In order to exercise the oversight of the legality of the preparatory procedure carried out by the General Inspectorate of Security (2) and to deal with cases in which the shortened preparatory procedure was conducted by the General Inspectorate of Security (2a), the competent prosecutor of the Regional Prosecutor is also responsible for cases where the Deputy Prosecutor of the Lower Prosecutor would otherwise have been responsible within his jurisdiction, unless otherwise specified. It shall also be responsible for representing the indictment and the application for punishment in proceedings before the courts in these cases, unless the case has been referred to a prosecutor who would otherwise have been responsible for 2b) and for deciding in dispute on jurisdiction to conduct acts before the start of criminal proceedings between the General Inspection of Security Councils and other police authorities 2c).
(2) In order to investigate criminal offences (2d) committed by members of the General Inspection of Security Councils, by members of the Security Information Service, by members of the Office for Foreign Relations and Information, by members of Military Intelligence, by members of the Military Police and by employees of the Czech Republic assigned to work in the General Inspection of Security Councils and by the shortened preparatory procedure for such criminal offences (2e), the competent public prosecutor of the Regional Prosecutor shall be designated in accordance with § 12, 14 and 16. It shall also be responsible for representing the application for punishment which it has lodged in these cases, and in a court other than the court with which it operates, unless it has referred the case to the prosecutor who would otherwise be competent.
(3) In the cases referred to in paragraph 2, the Prosecutor of the Attorney General shall be competent to represent the prosecution in proceedings and before a court other than the court with which he operates, unless he has referred the case to the prosecutor who would otherwise be competent.
Simple actions by legal candidates of the Prosecutor's Office
The Head of the Prosecutor's Office or his authorised Prosecutor (3) may entrust a legal candidate to perform the following simple tasks in the cases under consideration:
(a) requests in simple matters,
(b) service of decisions and other official documents of the Prosecutor's Office to persons in custody, in the execution of a custodial sentence or in the performance of security detention;
(c) drawing up a report on the explanation provided, including the drawing up of criminal notices;
(d) the decision on recovery and extradition of a case which is relevant to criminal proceedings after the legal authority of the case;
(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) a decision on the witness, expert, interpretation and remuneration of the consultant recruited for the purposes of criminal proceedings, the remuneration for professional observations made at the request of the law enforcement authorities and the amount of compensation for their expenses;
(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) the preparation of the draft draft draft decision referred to in (j);
(l) participation in visits to the accused in custody;
(m) checking the correspondence of the accused;
(n) drawing up of statistical sheets;
(o) inspection of the court's files and require their lending;
(p) requiring the lending of files, documents and explanations from public authorities, local authorities and other persons obliged to provide explanations or to lend files and documents to the public prosecutor in the exercise of his or her duties;
(q) provision of other supporting documents for the performance of the activities of the public prosecutor.
PROCEDURE OF STATE REPRESENTATIVES IN THE CRITERIA
Jurisdiction of prosecutors in criminal proceedings
(1) In order to exercise supervision of the observance of the legality of criminal proceedings, the competent public prosecutor shall be assigned to a public prosecutor who is present in a court which would have been competent to take action after the prosecution has brought proceedings at first instance, unless otherwise provided for in that order. If the action relating to the pre-prosecution procedure cannot be carried out by a competent public prosecutor because of his urgency, he shall be carried out by a public prosecutor who shall, in such a case, inform the competent public prosecutor without undue delay and forward the case to him.
(2) Unless, in the light of the incompleteness of the facts, it is possible to determine the competence of a prosecutor to exercise the supervision of the maintenance of lawfulness in criminal proceedings at the time when a police authority has made a record of the opening of criminal proceedings, 3a) this record shall be transmitted to the prosecutor of the public prosecutor of the appropriate degree at the seat of the police authority or its organisational component. If it is a police authority with competence for the whole of the Czech Republic, it shall be delivered by the police authority to the Regional Prosecutor's Office at the headquarters of the police authority or its organisational body, with the person who did this.
(3) Unless otherwise provided for in this Order, a prosecutor to whom an alert has been received on the opening of criminal proceedings and which is not considered to be locally or factually competent shall take all measures which are not liable to delay, including the issuing of a decision by a prosecutor in accordance with the Code of Criminal Procedure, 3b) which falls within the competence of the Prosecutor and to which he is entitled, so as not to thwart the purpose of the criminal proceedings. Otherwise, it shall refer the case to the local and material competent public prosecutor or inform the Office of the European Public Prosecutor of such a case, if any, in which the jurisdiction of the Office of the European Public Prosecutor is or may be given. At the same time, the police authority which transmitted the record of the opening of criminal proceedings shall notify the procedure referred to in the second sentence.
In cases where it is for an investigation or a shortened preparatory procedure to be carried out by a public prosecutor (Section 10 (2)), the supervision of the legality of the procedure before the prosecution procedure shall be exercised by a public prosecutor who would otherwise be competent to carry out an investigation or a shortened preparatory procedure where, on the basis of the facts established, that competence of the public prosecutor can be determined. If the fact that it is a criminal offence becomes apparent, only during the examination of the facts reasonably suggesting that an offence has been committed, the prosecutor who is supervising it at that time shall immediately forward the case to such a prosecutor. Paragraph 12 (3) shall apply mutatis mutandis.
The High Prosecutor's Office is responsible for overseeing and acting alone in the maintenance of legality in preparatory proceedings in a matter which has been withdrawn from the immediately lower Public Prosecutor's Office.
(1) To exercise supervision of the maintenance of legality in preparatory proceedings in matters of intentional crime
(a) committed in the activities of a bank, an investment company or an investment fund, a securities dealer, an insurance company, an insurance company, a pension fund, a building savings bank or a savings and credit cooperative, if damage was caused to at least CZK 150 million;
(b) natural or legal persons committed in connection with the wrongful exercise of the activities of the bodies referred to in (a), where damage has been caused by them at least CZK 150 million;
(c) which caused damage to the property or shareholding of the State at least CZK 150 million;
(d) according to the title of the fifth or sixth special part of the Criminal Code, where they have been committed for the benefit of an organised criminal group (3e), as well as offences of abuse of the authority of an official under Section 329 of the Criminal Code or offences of acceptance of bribery, bribery or indirect bribery under Section 331 to 333 of the Criminal Code, where they have been committed in connection with the detection, verification or prosecution of offences under Title 5 or Section 6 of the Criminal Code;
(e) affecting the financial or economic interests of the European Union, if they have caused damage of at least CZK 150 million,
(f) committed against a single European currency for the benefit of an organised criminal group (3e), a member of an organised group (3f), in a significant or large range (3g), or in the event of proceedings against offences directed against a single European currency by a police authority which carries out the tasks of a special central office under Article 12 of the International Convention on the Prevention of Money Casset3h);
g) committed in connection with insolvency proceedings if damage was caused to at least CZK 150 million;
(h) according to Title 7 of Part 2 and Title 13 of Part 2 of the Code of Criminal Procedure and the Code of Criminal Procedure under Section 400 of the Penal Code and the attack on humanity under Section 401 of the Penal Code,
(i) where the nature of the facts is to enable or facilitate the commission of a terrorist offence, a criminal offence involving a terrorist group under Article 312a of the Criminal Code, the financing of terrorism under Article 312d of the Criminal Code, the promotion and promotion of terrorism under Article 312e (3) of the Criminal Code or the threat of terrorist crime under Article 312f of the Criminal Code;
(j) participation in an organised criminal group pursuant to Article 361 of the Criminal Code, committed for the benefit of an organised criminal group or committed by members of a terrorist group, in conjunction with a terrorist group or for the benefit of a terrorist group, where the circumstances of the case give rise to a connection with a criminal offence referred to in (h) or (i);
is the competent public prosecutor of the Attorney General's office, in whose district there is a lower public prosecutor's office, which would otherwise be competent in the matter.
(2) In order to exercise the supervision of the observance of legality in preparatory proceedings in criminal matters under the Title of the Ninth Parts 1 and 2 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 which would otherwise be competent in the matter.
(3) In order to exercise the supervision of the observance of legality in preparatory proceedings in the case of fellowship offences pursuant to Article 214 of the Penal Code, the malpractice holding provided for in Article 215 of the Penal Code, the legalisation of the proceeds of criminal activity pursuant to Article 216 of the Criminal Code and the legalisation of the proceeds of negligence pursuant to Article 217 of the Penal Code, the competent public prosecutor of the Attorney General's Office, in whose territory there is a lower prosecutorial office which would otherwise be competent in the matter if the source offence is one of the offences referred to in paragraphs 1 and 2.
(4) The Attorney General shall be responsible for any of the offences referred to in paragraphs 1 to 3 and for the supervision of the legality of preparatory proceedings, as well as for other offences in respect of which joint proceedings are conducted, 3i) unless the case is excluded from joint proceedings. 3j) Where a case is excluded from the joint proceedings and in respect of such a case the jurisdiction of the Attorney General is not given in accordance with paragraphs 1, 2 or 3, the Attorney General may, with the prior agreement of the Attorney General, decide that he is competent to supervise the maintenance of legality in the preparatory proceedings as well as in this case, otherwise the case shall be referred without delay to the public prosecutor concerned in a factual and local manner.
(5) The High Prosecutor may, after prior agreement of the Supreme Prosecutor, decide that a lower Prosecutor's Office is competent to supervise the legality of the preparatory proceedings in respect of the offences referred to in paragraphs 1 to 4; its jurisdiction shall be determined in accordance with the principles set out in Sections 12, 14 and 16.
(6) If the gravity, facts or legal complexity of the case so requires, the Attorney General may decide, with the prior consent of the Attorney General, that he is responsible for the supervision of the maintenance of legality in preparatory proceedings in cases
(a) referred to in paragraph 1 (a) to (c), (e) and (g), even if they have caused damage of less than CZK 150 million,
(b) if damage occurs on the property of another entity at least CZK 150 million; or
(c) criminal offences of unauthorised access to the computer system and information media pursuant to § 230 of the Criminal Code, measures and possession of access equipment and passwords to the computer system and other such data pursuant to § 231 of the Criminal Code, damage to the recording in the computer system and on the information medium and interference in the equipment of the malpractice computer pursuant to § 232 of the Criminal Code, general threat pursuant to § 272 of the Criminal Code, illegal manufacture and possession of nuclear material and special fissile material pursuant to § 282 of the Criminal Code, illicit manufacture and other handling of narcotic substances and psychotropic substances, and of poisons under § 283 of the Criminal Code, where the circumstances result from the connection with any criminal offence referred to in paragraph 1 (h) or in paragraph 2 of paragraph 282 of the Criminal Code.
(1) Where, pursuant to the previous provisions, jurisdiction is conferred on several prosecutors to exercise supervision, supervision shall be exercised by the person responsible for the supervision of an investigation against an offender or the most serious offence; otherwise he who began to supervise first.
(2) In order to further investigate a case referred back to the Prosecutor by the court to which he has been referred or ordered, the competent public prosecutor who oversees the preparatory procedure shall be responsible.
Criminal proceedings
Receiving criminal notifications
(1) The notifier who makes a criminal complaint to the prosecutor orally must instruct the prosecutor in accordance with the Code of Criminal Procedure and then listen. 4)
(2) Where a criminal complaint is lodged with a public prosecutor, whether in substance or at a local or non-competent level (Section 16), the prosecutor shall forward it without delay to the competent public prosecutor or the European Public Prosecutor's Office, provided that its content indicates that it is a matter in which the European Public Prosecutor's Office is or may be given its substantive competence and shall inform the notifier accordingly. However, where urgent or non-reproducible acts are required, the prosecutor shall ensure that they are carried out immediately before the case is referred to the competent public prosecutor or the European Public Prosecutor's Office, unless it is possible for the competent public prosecutor or the European Public Prosecutor's Office to do so. Paragraph 12 (3), first sentence, shall apply mutatis mutandis.
Supervision in preparatory management
(1) The Prosecutor may reserve in advance the submission of copies of procedural protocols in matters in which he conducts supervision. In order to verify the progress of the police authority, it may require the production of files or may carry out the examination of file material directly with the police authority.
(2) If the prosecutor so considers in the interests of the completeness of the factual findings and of ensuring all evidence for a matter of urgency, he shall be entitled to consult the investigation plan or to request information from the police authority on its content.
State Prosecutor's Procedure for the use of operational means of search
(1) The prosecutors responsible for criminal proceedings in the use of operational means of search (Sections 158b to 158f of the Code of Criminal Procedure) are obliged to take all measures to avoid disclosure of information on the measures taken to unauthorised persons and thus to prevent the purpose of criminal proceedings or the risk of a person being undermined.
(2) In order to apply for the use of an agent (§ 158e (4) of the Code of Criminal Procedure), the public prosecutor of the Attorney General is responsible for carrying out supervision of the case. If such a public prosecutor cannot be designated, the competent public prosecutor of the Attorney General's office shall be the police authority which has submitted the application for the use of the agent. This prosecutor is also responsible for all acts carried out by the Prosecutor's agent under the Criminal Code (§ 158e (7) of the Criminal Code). The competence of a prosecutor to exercise supervision of the maintenance of legality in preparatory proceedings in the criminal case in which the agent is used remains unaffected by this provision.
(3) The use of reporting agents under specific legislation (4a) is not covered by the provisions of this Decree.
State Prosecutor's Instructions
(1) The Guidelines are issued by the Prosecutor in the form of a measure during the preparatory procedure.
(2) In writing, the instructions given by the prosecutor for the opening of criminal proceedings, for the classification of the offence, for the extent of the charge, for the manner in which the case is dealt with in the preparatory proceedings, for the addition of the expert, for the return of the case to the court of inquiry, for the withdrawal and the commandment of the case and where the prosecutor considers it necessary. It shall confirm in writing, if it considers it necessary according to the nature of the case. They shall record each order in the surveillance file.
(3) The instructions of the public prosecutor to the police authority for a resolution against which a complaint is admissible shall always be included in the original of the investigation file. The other guidelines shall be set out in the original of the examination file, if the prosecutor so provides.
(4) If the police authority has not carried out the action it has been instructed to do, the prosecutor shall draw the attention of his competent superior or withdraw the case by order.
Decision on detention
Information on the facts which the prosecutor is obliged to disclose to the prison (§ 70a of the Code of Criminal Procedure) will normally be delivered by the prosecutor to the prison on the same day as he made such a decision or measure. It will always do so if it is a decision to release the defendant.
Application to restrict the defendant in the execution of a prison sentence
If, in the preparatory proceedings, the defendant is to be restricted in the execution of a prison sentence (§ 74a of the Code of Criminal Procedure), the prosecutor shall immediately submit a reasoned motion to the court for such a restriction. In particular, the application shall contain specific details of the type and nature of the restriction and shall be justified by the facts arising from the content of the file material which the prosecutor shall simultaneously attach to the application.
If the police authority objects to its local incompetence, the prosecutor shall order it to submit the files to the superior police authority for decision of the dispute.
Decision on the commandment of a case to another person working in a police authority
The orders of the case to another person serving in a police authority pursuant to Article 174 (2) (f) of the Code of Criminal Procedure shall be decided by the Prosecutor by a resolution which shall be served with a file to the competent Head of Police, with instructions to entrust the investigation to another person working in a police authority; a copy of the order shall be sent to the person to whom the case has been withdrawn. If the prosecutor withdraws the case from the police authority and measures are taken to order another police authority [Paragraph 157 (2) (b) of the Code of Criminal Procedure], he shall proceed accordingly in accordance with the first sentence.
Processing of copies of the file
Where the persons referred to in the first sentence of paragraph 65 (1) of the First Code of Criminal Procedure ask the Prosecutor to allow a copy of the file or parts thereof to be obtained, the Prosecutor shall comply with the file at the Prosecutor's Office and may obtain a copy of the file at the Prosecutor's Office. Requests made by those persons to lend a file to obtain copies outside the state's attorney's office cannot be met.
Investigation for requests for mercy
(1) The documents for the decision on a request to stop criminal prosecution by grace are identified in the preparatory procedure by a prosecutor who oversees the legality of the preparatory procedure.
(2) If the request for pardon has been served directly to the State Prosecutor, who shall supervise the maintenance of legality in the preparatory procedure, that Prosecutor shall report its submission to the Ministry of Justice no later than five days after receipt of the request. The report shall indicate who, for whom and for what reasons it requests the grant of pardons and the state of the preparatory procedure. The applicant shall be notified in writing of the receipt of the request for mercy.
(3) The task of the public prosecutor, if not already in the preparatory procedure, is to identify personal, family and property circumstances, civil reputation and to clarify the truthfulness of the alleged reasons for the grant of pardons.
(4) The investigation referred to in paragraph 3 shall not be based on prosecution unless the President of the Republic so ordered (§ 366 (3) of the Criminal Code) or the Minister of Justice (§ 367 of the Criminal Code).
(1) The report on the outcome of the investigation, together with the investigation files and the materials newly obtained, shall be submitted by the Head of Public Prosecutor to the Ministry of Justice.
(2) If a public prosecutor to investigate the documents for the decision on the request for a pardon concludes that the request could not be recommended even if favourable circumstances were established, he shall immediately report to the Ministry of Justice, which shall decide whether an investigation is necessary.
(3) In cases where the President of the Republic has reserved a decision on a request for pardon, an inquiry must always be carried out in accordance with Section 24 and criminal files submitted to the Ministry of Justice.
(1) If a request for mercy has been rejected, the prosecutor who has been examining the evidence for this decision shall deliver to the defendant or the applicant, if the person is different from the defendant, the decision of the Minister of Justice to reject it or to inform the Ministry of Justice that the President of the Republic has not granted the pardon. No communication other than that on which the application is lodged may be provided.
(2) If a pardon has been granted, the prosecutor must notify this decision to the defendant in a manner consistent with the meaning of the decision. He shall bring the defendant to the stand, orally communicate the contents of the President's decision and remind him of the duty to behave in such a way as to show himself worthy of giving mercy. Then the prosecutor will deliver a copy of his order to stop the prosecution, 5) whose income the defendant confirms. A copy of the order shall also be sent by the Prosecutor to the Ministry of Justice. Such acts may be carried out by the requested public prosecutor. If the defendant is in custody, an order for his release must be issued immediately.
(3) If the prosecution has been suspended by the grace of the President of the Republic on condition, the prosecutor shall monitor compliance with it. In doing so, it shall proceed in a similar manner to the surveillance of the defendant following a decision by the prosecutor to suspend the prosecution.
(4) At the end of every six months of the period on which the condition in the grace granted is bound, the Prosecutor shall inform the Ministry of Justice of the results of the investigation.
(5) If it is established that the defendant does not comply with the conditions under which the pardon was granted, the prosecutor shall carry out the necessary investigation beyond the time limit referred to in paragraph 4 and submit the results of the investigation together with the criminal files to the Ministry of Justice.
(6) If the Ministry of Justice informs that a decision has been taken to continue the prosecution, the prosecutor shall, by order, decide to continue the prosecution of the defendant and send a copy of this resolution to the Ministry of Justice.
Organisational ensuring that the 48-hour period is respected to submit a motion to take custody of detainees and to carry out other on-call (attainability) tasks of the public prosecutor
(1) In the out-of-work period, at least one district attorney and district attorney must be secured (attainability) in such a way that, if necessary, the prosecutor can, within 48 hours of the arrest of the defendant, file a motion to take the defendant into custody (5b) or a motion to punish the detained suspect, who has not been released by the prosecutor, but who will hand him over to the court together with the motion for punishment, or decide to start criminal proceedings in order to bring a motion to the court for the detention of the defendant. 5c) In justified cases, a decision shall be taken by the Attorney General or the Attorney General or the Prosecutor General. (a) at least one employee of the professional administrative apparatus in the Prosecutor's Office; such an alert for a staff member of a professional administration agency in the Public Prosecutor's Office does not need to be secured where the public prosecutor, to whom an emergency (availability) has been ordered, expressly declares that he / she will arrange for action during the on-call (availability).
(2) In the context of the availability of the public prosecutor, he shall ensure that further criminal proceedings are carried out, provided that they are not put to rest.
(3) The Public Prosecutor is also obliged to ensure, in the context of the on-call (availability), the performance of the public prosecutor's tasks in connection with the preparatory management of the General Inspection of Security Councils or in connection with investigations and the shortened preparatory management of criminal offences involving members of the General Inspection of Security Councils, members of the Security Service, members of the Office of Foreign Relations and Information, members of the Military Intelligence Service, members of the Military Police and of the staff of the Czech Republic for the performance of their work in the General Inspection of Security Councils (§ 10); to this end, prosecutors included in the availability are obliged to provide effective assistance. If such an act is carried out by a public prosecutor other than the public prosecutor responsible for the supervision of the legality of the proceedings in preparation for the General Inspection of Security Councils or for criminal proceedings of members of the General Inspection of Security Councils, members of the Security Information Service, members of the Office for Foreign Relations and Information, members of the Military Intelligence Service, members of the Military Police and of the staff of the Czech Republic assigned to work in the General Inspection of Security Councils, they shall immediately refer the matter to the Office for further management, both in substance and in the local authority. The same copy of the decision or proposal or other measure taken by such a public prosecutor in this case shall be sent at the same time to the public prosecutor responsible for carrying out supervision in these matters.
(4) During the on-call period (availability), the prosecutor shall be obliged to stay at the place of employment or residence as decided by the Head of the Prosecutor.
(1) The Head of the Prosecutor shall notify the competent court and permanent service of the competent Directorate of Police of the Czech Republic in the district of the Prosecutor's Office of the place (address) where the designated prosecutor will be present during the on-call (availability) and the telephone number of the station concerned. Documents addressed to the Public Prosecutor's Office shall be delivered during the on-call period (availability) to the office of the Public Prosecutor's Office unless the Head of the Public Prosecutor's Office and the Director of the Police Department or of the Public Prosecutor's Office which provides the on-call (availability) agree with the competent police authority another method of delivery of documents addressed to the Public Prosecutor's Office.
(2) The Head of the Prosecutor shall coordinate his or her action with other law enforcement authorities in order to ensure the mutual information of the police authorities, prosecutors and judges deciding in the preparatory procedure.
REPRESENTATION OF THE MOST HIGH STATE REPRESENTATIVE IN THE PROCEDURE BEFORE THE COURT OF JUSTICE
The Prosecutor-General may entrust the Prosecutor-General of the Supreme Prosecutor or of the Prosecutor-General who is present in the court hearing his application to initiate proceedings with the appellants before the Court of Justice (5d).
PROCEDURE OF THE STATE REPRESENTATIONIN THE INVESTIGATION OF ENTERTAINMENT COMPLAINTS FOR THE INFRINGEMENT OF THE LAW
GENERAL PROVISIONS
(1) The provisions of this Part shall be used to investigate complaints for infringement of the law addressed or referred to the Public Prosecutor, unless otherwise specified.
(2) Specific rules governing the handling of complaints (6) are not applicable to investigating complaints for infringement of the law.
Contents
ČÁST PRVNÍ
HLAVA PRVNÍ
§ 1
§ 2
§ 3
HLAVA DRUHÁ
§ 4
§ 5
§ 6
§ 7
§ 7a
§ 7b
§ 7c
§ 8
§ 10
HLAVA TŘETÍ
§ 11
ČÁST DRUHÁ
Oddíl první
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 18a
§ 19
§ 20
§ 20a
§ 21
§ 22
§ 23
Oddíl druhý
§ 24
§ 25
§ 26
Oddíl třetí
§ 27
§ 28
ČÁST TŘETÍ
§ 29
ČÁST ČTVRTÁ
HLAVA PRVNÍ
§ 30
HLAVA DRUHÁ
Oddíl první
§ 31
§ 32
§ 33
Oddíl třetí
§ 39
§ 40
§ 42
Oddíl čtvrtý
§ 43
Oddíl pátý
§ 45
Oddíl šestý
§ 46
HLAVA TŘETÍ
§ 47
ČÁST PÁTÁ
§ 56
§ 57
ČÁST ŠESTÁ
§ 58
§ 59
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Regulation Information
| Citation | 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 the acts carried out by legal candidates |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.02.1994 |
|---|---|
| Effective from | 09.02.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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