Decree No. 265 / 1997 Coll.
Decree of the Ministry of Justice amending and supplementing 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 acts carried out by legal candidates
Valid
Order
Effective from 24.10.1997
Text versions:
24.10.1997
265
DECLARATION
Ministry of Justice
of 9 October 1997
amending and supplementing 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
The Ministry of Justice, pursuant to Articles 7 (2), 34 (1) and 40 of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 261 / 1994 Coll., 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:
The 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, is amended as follows:
1. § 8 is deleted.
2. Paragraph 10 is deleted.
3. In the heading of Part Four, the word "handling 'is replaced by the word" investigation'.
4. Article 30 (1) reads as follows:
"(1) The provisions of this Part shall be used to investigate complaints for infringement (hereinafter referred to as" complaint ') addressed or referred to the Prosecutor's Office.';
5. In Article 30 (2), the words "handling of complaints' are replaced by the words" investigating of complaints'.
6. The last sentence of Paragraph 31 (2) reads: "If the submission is not accompanied by any of the following particulars and is not completed after the notification, the Prosecutor's Office may defer them to the proceedings, which it shall inform the Advisor."
7. § 32 reads:
(1) The Public Prosecutor shall inform the sender of the receipt of the complaints addressed to him or her and shall inform the sender at the same time that they will be notified in writing by the Ministry of Justice. It does not send a statement according to the previous sentence of the Prosecutor's Office if it is clear from the referral that the Ministry of Justice has already done so.
(2) In the case of an application for renewal concerning the defendant to whom the complaint relates, and it is clear that the alleged infringement of the law may be removed in the context of the recovery procedure, the prosecutor shall await the outcome of such proceedings. '
8. Section 2 of Title 1 of Part Four (Sections 34 to 37) is deleted.
9. Paragraph 38 is deleted.
10. In Paragraph 39, paragraph 1 is deleted, the numbering of paragraphs is deleted and in the first sentence, the words "and its execution 'are deleted.
11. § 41 is deleted.
12.
(1) If, after examining the complaint, the prosecutor fails to find a reason for the infringement, he shall submit to the Minister of Justice a motion to postpone the complaint, indicating how he dealt with the objections in the submission.
(2) If the grounds for the complaint are examined and the conditions for lodging a complaint for infringement are found, the Prosecutor's Office shall draw up a statement for infringement of the law which shall refer the decision to the Minister of Justice.
(3) The application referred to in paragraph 1 or the outline referred to in paragraph 2 shall be accompanied by all file material relevant to the assessment of the justification of the complaint. "
13. Paragraph 44 is deleted.
14.
(1) The repeated incentive is the submission by which the provider requests a review of the legality of the decision referred to in Article 31 (1) after the legality of such a decision has already been reviewed on the basis of another initiative.
(2) The State's Attorney's Office does not deal with the repeated impetus or send a statement of acceptance. It shall forward it without examination to the Ministry of Justice and refer to its previous proposal or outline in this matter. '
15. Paragraph 46 is deleted.
(16) The fourth part of Title 4 (Sections 48 and 49) shall be deleted.
Incentives to lodge a complaint for infringement of the law brought in cases where the legality of a decision of the Prosecutor's Office has already been examined under the previously applicable rules shall be considered as repeated initiatives under this Order.
This decree shall take effect on the day of its publication.
Minister:
JUDr. Parkan v. r.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 265 / 1997 Coll., amending and supplementing 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 acts carried out by legal candidates |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.10.1997 |
|---|---|
| Effective from | 24.10.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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