What is Act No. 283 / 1993 Coll.?

Act No. 283 / 1993 Coll., on the Prosecutor's Office — Law on Public Prosecutor.

When it became Act No. 283 / 1993 Coll. effectiveness?

Act No. 283 / 1993 Coll. became effective 01.01.1994.

Is Act No. 283 / 1993 Coll. still valid?

Yes, Act No. 283 / 1993 Coll. is still valid and effective.

Act No. 283 / 1993 Coll. - Law on Public Prosecutor

283

THE LAW

of 9 November 1993

on the Prosecutor's Office

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

(1) The Public Prosecutor's Office is set up as a system of state authorities intended to represent the State in the protection of public interest in matters entrusted by law to the State Prosecutor's Office.

(2) This Act regulates the status, scope, internal relations, organisation and administration of the Public Prosecutor's Office ("the Public Prosecutor's Office '); In addition, it shall lay down, in particular, the status of prosecutors as persons through which it carries out its activities, the status of legal candidates and the jurisdiction of the Ministry of Justice (" the Ministry'). This law further regulates, following the directly applicable regulation of the European Union governing the establishment of the Office of the European Public Prosecutor (11) (hereinafter referred to as the "Regulation establishing the Office of the European Public Prosecutor), the status of civil servants working with the Office of the European Public Prosecutor and the provision of information and synergies between the Public Prosecutor's Office and the Office of the European Public Prosecutor.

§ 2

(1) The Public Prosecutor's Office shall, in the exercise of its competence, be obliged to use the funds provided by the law.

(2) The Prosecutor's Office shall ensure that, in the exercise of his or her duties, his or her procedures are in accordance with the law, fast, professional and effective; it exercises its competence impartially, respects and protects human dignity, equality of all from the law and ensures the protection of fundamental human rights and freedoms.

§ 3

(1) Unless otherwise provided for in the law, the cases entrusted to the Prosecutor's Office shall be carried out by prosecutors; other authorities or persons may not interfere in their activities or replace or represent them in their exercise.

(2) To the extent and under the conditions laid down by this Act or by special legislature (1), senior officials of the Prosecutor's Office (hereinafter referred to as "senior official"), assistant prosecutors and legal candidates may participate in the implementation of the acts of the Prosecutor's Office.

(3) The High Prosecutor's Office is entitled to intervene in the handling of cases to which, under the law, the Lower Prosecutor's Office is responsible only in the manner and to the extent laid down by this law.

ČÁST DRUHÁ

SCOPE OF THE STATE REPRESENTATIVES

§ 4

(1) Public Prosecutor's Office to the extent, under the conditions and in the manner laid down by law

(a) is a body of public action in criminal proceedings and carries out other tasks arising from the criminal rules, unless otherwise provided for in the Regulation establishing the Office of the European Public Prosecutor;

(b) supervise compliance with the legislation at the places where the detention, detention, protection, detention, protection or constitutional education is carried out, and in other places where personal freedom is restricted under legal authorisation;

(c) operate in non-criminal proceedings;

(d) carry out other tasks provided for in a special law.

(2) The Prosecutor's Office is involved in crime prevention and assistance to victims of crime in accordance with its statutory mandate.

§ 5

(1) The Public Prosecutor shall be entitled to file a motion to initiate civil proceedings or to enter into civil proceedings already initiated only in cases provided for by law.

(2) The procedural status, authorisation and obligations of the public prosecutor who has brought an application for the initiation of proceedings or joined proceedings shall be laid down in the Civil Code or in the Law on Special Proceedings.

ČÁST TŘETÍ

CONSTITUTION OF STATE REPRESENTATIVES

§ 6

(1) The system of the Prosecutor's Office consists of the Supreme Prosecutor's Office, the Chief Prosecutor's Office, the Regional Prosecutor's Office and the District Prosecutor's Office.

(2) In the district of the capital city of Prague, the office of the Regional Prosecutor's Office is performed by the Municipal Public Prosecutor's Office in Prague and the office of the District Prosecutor's Office is performed by the District Prosecutor's Office. In the district of Brno, the District Attorney's Office of the Municipal Public Prosecutor's Office in Brno.

(3) The Supreme Prosecutor's Office, the Supreme Prosecutor's Office and the Regional Prosecutor's Office are accounting units.

§ 7

(1) The offices of the prosecutors and their territorial areas are the same as those of the courts.

(2) The Prosecutor's Office shall be responsible for representing the State in the court in which the Prosecutor's Office operates, unless otherwise provided in specific legislation.

Head Prosecutor

§ 8

(1) The leading prosecutors are:

(a) the Attorney General, who heads the Supreme Prosecutor's Office;

(b) senior prosecutors who are head of the Attorney General's Office;

(c) Regional prosecutors who are the head of the Regional Prosecutor's Office and the City Prosecutor who is the head of the Municipal Prosecutor's Office in Prague, hereinafter referred to as the "Regional Prosecutor's Office,"

(d) district prosecutors who are the head of the District Prosecutor's Office, district prosecutors who are the head of the District Prosecutor's Office in Prague, and city prosecutors who are the head of the City Prosecutor's Office in Brno, hereinafter referred to as district prosecutors.

(2) The Deputy or Deputy Deputy Prosecutor shall be represented in the order and extent specified by him.

(3) The Head of the Prosecutor shall establish the internal organisation of the Prosecutor's Office in which he heads and the division of the Prosecutor's Agenda between the Prosecutor's Office; ensuring that prosecutors are specialised in accordance with specific legislation.

§ 9

(1) The Government, acting on a proposal from the Minister of Justice for a term of office of 7 years, shall appoint the Supreme Prosecutor.

(2) The highest public prosecutor may be appointed by a person who, with his expertise, professional experience, human management skills and moral characteristics, gives assurance of the proper performance of the post of Attorney General.

(3) Legal practice of at least 10 years, of which at least 6 years as a prosecutor, shall be a prerequisite for appointment to the post of Attorney General.

(4) The Chief Prosecutor may not be appointed a person who has been ordered by a final decision in the context of the legal practice referred to in paragraph 3 to take disciplinary action if he has not been destroyed.

(5) No one may be appointed as the High Prosecutor more than once; the performance of a function which has ceased to exist under Paragraph 11 (4) (b) shall not be taken into account.

(6) The Government may, on a proposal from the Minister of Justice, withdraw the Attorney General from office if, due to a serious breach of its duties or to its grossly inappropriate conduct, it has substantially jeopardised the trust in the proper functioning of the Attorney General or the system of the Prosecutor General, in particular the trust in the legality of their action or in their impartiality or expertise, or in a material threat to the seriousness and dignity of the function of the Attorney General or the Prosecutor General.

(7) The Government shall publish an indication of the appeal of the Attorney General on the day on which it has decided to do so.

§ 9a

The provisions of the Administrative Rules on Administrative Procedure shall not apply to decisions of the Government on the appointment or removal of the Attorney General.

§ 9b

(1) An action under the Administrative Rules of Procedure against a decision of appeal is entitled only to be brought by the appellant.

(2) An action may be brought by the appellate High Prosecutor within 15 days of the date on which the decision of appeal was notified to him by the service of a written copy.

(3) The Supreme Administrative Court is responsible for hearing the action.

(4) The action cannot be given suspensive effect.

(5) The Supreme Administrative Court shall examine the action as a matter of priority and shall decide on it no later than 30 days after the date on which the action brought is a simple defect which prevents the proceeding from proceeding.

§ 10

(1) The High, Regional or District Prosecutor shall be appointed by the Minister of Justice, acting on a proposal from the Head of the Prosecutor at the head of the High Prosecutor's Office, in whose district the Head of the Prosecutor is to be appointed or on a proposal from the High Prosecutor, for a term of office of 7 years.

(2) A public prosecutor who has successfully completed the selection procedure for the post of Head of Public Prosecutor and who, with his expertise, professional experience and moral characteristics, gives a guarantee of the proper performance of his duties may be appointed as the High, Regional or Regional Prosecutor.

(3) Appointment requirement

(a) the Attorney General shall be a public prosecutor of at least 6 years;

(b) the Regional Prosecutor shall be a public prosecutor of at least 4 years; and

(c) the district attorney shall be a public prosecutor of at least 2 years.

(4

(5) The Chief Prosecutor or Regional Prosecutor may perform the duties of Head of the Prosecutor for a maximum of 2 consecutive terms of office with the same Prosecutor.

(6) The High, Regional or District Prosecutor may be removed from office only by a decision given in a disciplinary procedure.

§ 10a

(1) An application for the appointment of a Head of Public Prosecutor pursuant to Article 10 may be made by the person referred to in Article 10 (1) only after the selection procedure has been carried out.

(2) The selection committee has five members, one of whom shall be appointed by the Minister of Justice and two of them shall be appointed by the Attorney General and the Head of the Prosecutor's Office at the head of the High Prosecutor's Office, in whose district the Head of the Prosecutor is to be appointed.

(3) The Minister of Justice will not comply with the proposal for the appointment of the Head of the Prosecutor if the proposed person does not fulfil the conditions for the proper performance of the post of Head of the Prosecutor; in such a case, the Minister of Justice shall inform the appellant and the person proposed for appointment in writing, stating the reasons therefor.

§ 10b

(1) The Deputy Prosecutor-General shall be appointed and dismissed by the Minister of Justice, acting on a proposal from the Deputy Prosecutor, of whom the Deputy Prosecutor is present.

(2) The Deputy Prosecutor-General may not be appointed a prosecutor to whom a disciplinary measure has been imposed by a final decision if it has not been destroyed.

(3) The Deputy Prosecutor-General may be appointed only as a Prosecutor who shall serve as Prosecutor for at least 4 years.

§ 10c

The District, Regional and Senior Public Prosecutor and Deputy Head of Public Prosecutor shall attend the professional training programme of the Judicial Academy focused on the management of the Prosecutor's Office, no later than 2 years after the date of appointment.

§ 11

(1) The Head of the Prosecutor or Deputy Prosecutor may renounce this post by giving written notice to the person who appointed him to that post; In this case, the post of Head of the Prosecutor or Deputy Head of the Prosecutor shall cease to be the end of the calendar month following the month in which the notice of surrender of office was delivered.

(2) The function of the Chief Prosecutor or Deputy Deputy Prosecutor shall also cease to be:

(a) the date of transfer to another public prosecutor;

(b) the date on which he became the European Chief Prosecutor, the European Prosecutor or the European Delegated Prosecutor; or

(c) the date on which his post as Prosecutor was terminated.

(3) The post of Head of Public Prosecutor shall also cease

(a) the expiry of his term of office; or

(b) the date on which the decision of the court of disciplinary action was brought to it by a disciplinary measure of appeal from the post of Head of Public Prosecutor.

(4) The function of the Attorney General shall also cease to exist.

(a) the date on which the Government of the Attorney General appealed; or

(b) the date on which the decision of the Supreme Administrative Court to revoke the decision of the Government to appeal the former Supreme Prosecutor becomes final.

(5) The post of Deputy Head of the Prosecutor shall also expire on the date on which he was appointed as Head of the Prosecutor.

(6) The renunciation of the post of Head of the Prosecutor or Deputy Head of the Prosecutor or the removal from such office shall not result in the termination of the post of Prosecutor.

§ 11a

(1) Within the scope of the law, the Attorney General is superior to the Attorney General, the Prosecutor General to the District Attorney General in the District Attorney General and the District Attorney to the District Attorney General in the District Attorney General.

(2) Within the scope of the law, the Head of the Prosecutor shall be superior to the prosecutors working with the Prosecutor's Office in charge.

§ 12

Authorisation of the Attorney General

(1) In order to unify and guide the procedure of prosecutors in the exercise of the competence of the prosecutors or to ensure a uniform internal organisation of the prosecutors and the uniform performance of the file service, the Supreme Prosecutor may issue guidelines of a general nature; These guidelines shall be binding on the prosecutors and, where provided for by the prosecutors, other staff of the prosecutors.

(2) The Attorney General may give opinions to the Public Prosecutor on the unification of the interpretation of laws and other laws in the exercise of the jurisdiction of the Public Prosecutor.

(3) The Attorney General may order that the Attorney General or the Prosecutor-General appointed by him carry out a check on the end of the cases in which the Prosecutor-General has been responsible and impose corrective measures in the event of failure.

(4) If, in the context of the performance of the jurisdiction of the Prosecutor's Office, the Attorney General becomes aware of the inconsistency of the judgments of the courts, he shall be entitled to initiate the President of the Supreme Court to propose to the Supreme Court an opinion on the interpretation of the law or other legislation.

(5) It is for the Supreme Prosecutor to exercise other powers which link this law or special legislation to the position of Supreme Prosecutor.

(6) The Attorney General shall report to the Government, through the Minister of Justice, on the activities of the Prosecutor's Office for the previous calendar year at the latest by mid-calendar year; the government submits this report after discussion to the Senate.

(7) The Attorney General shall issue, after consultation with the senior and regional prosecutors and with the prior agreement of the Minister of Justice, rules on the career procedure of the prosecutors, rules on the procedure for the announcement of a selection procedure for the office of a prosecutor or a lead prosecutor, and rules on the conduct of the selection panel; These rules shall be binding on the prosecutors and members of the selection committee.

Relations within the public prosecutor's system

§ 12a

(1) Disputes concerning jurisdiction between prosecutors shall be decided by the prosecutors closest to those prosecutors.

(2) The Chief Prosecutor of the High Public Prosecutor shall decide on the withdrawal and order of the case to another Lower Public Prosecutor if, under the rules governing proceedings, the Head of Public Prosecutor of the Lower Prosecutor concerned is excluded from hearing the case, unless otherwise provided for in this Law.

(3) The Supreme Prosecutor's Office shall decide on appeals brought against decisions of the Supreme Prosecutor's Office in its district, unless otherwise provided for in this Law or in a special law.

(4) In cases of exclusion of the Head of the Prosecutor's Office, which exercises supervision or decides on appeals, the procedure laid down in paragraph 2 shall be treated mutatis mutandis. The Prosecutor's Office, to whom the case was ordered for the first sentence, shall exercise supervision or rule on appeals instead of the Prosecutor's Office, to whom the case has been withdrawn.

(5) Withdrawal and orders and appeals shall be decided by order against which a complaint is not admissible, unless otherwise provided for in the specific law under which proceedings are conducted.

§ 12b

(1) Any action which the competent public prosecutor could carry out with difficulty or disproportionate costs or which cannot be carried out in its district shall be carried out by another public prosecutor at the request of the competent public prosecutor.

(2) If the requested public prosecutor is unable to perform an operation in his or her district, the request shall be forwarded to the public prosecutor in whose district the operation may be carried out, if known; otherwise it will return the request.

(3) The Supreme Prosecutor may entrust the lower Prosecutor's Office with an inquiry into the complaint for a proposal from the Attorney General.

Supervision

§ 12c

Supervision is the exercise of the powers provided for by this Act to ensure management and control relations between the various stages of the prosecutors and within the individual prosecutors in the performance of the duties of the prosecutors.

§ 12d

(1) The Supreme Prosecutor's Office shall be entitled to supervise and give written instructions for the conduct of the procedures closest to the Lower Prosecutor's Office in its jurisdiction. The procedure closest to the Lower Prosecutor's Office may also be harmonised by guidelines covering more than one kind of matter.

(2) The lowest prosecutors shall comply with the written instructions referred to in paragraph 1, except for an order which is contrary to the law in a particular case. If, for this reason, the lowest prosecutor refuses to comply with the order, he shall immediately communicate the reasons for refusal in writing to the highest public prosecutor; If another procedure persists and does not apply at the nearest High Prosecutor's Office, it shall remove the case from the Lower Prosecutor's Office and deal with it itself.

(3) The Supreme Prosecutor may withdraw the case closest to the Lower Public Prosecutor's Office and deal with it itself if the lowest Prosecutor's Office is not active or there are unjustified delays in its conduct.

§ 12e

(1) The Head of the Prosecutor shall be entitled to oversee the proceedings of prosecutors and senior officials working with the Prosecutor's Office under his authority and to give them instructions on the procedure for dealing with cases within the jurisdiction of the Prosecutor's Office. The procedure of prosecutors and senior officials may also unify guidelines covering more than one type of matter. The performance of such authorisations or of some of them may be entrusted to another prosecutor.

(2) Public prosecutors shall be required to follow the instructions of the Head of the Prosecutor or of his authorised public prosecutor, except for an order which is contrary to the law in a particular case. Where an order has been issued orally, the prosecutor who issued the order shall confirm it in writing at the request of the public prosecutor to whom the order is addressed.

(3) If, on the grounds referred to in paragraph 2, a public prosecutor refuses to comply with the order, he shall immediately communicate the reasons for refusal in writing to the public prosecutor who issued the order. If the order persists, it shall without delay refer the matter to the Head of the Prosecutor. The Head of the Prosecutor shall be entitled to withdraw the order and, if he does not do so, the matter shall be dealt with by the Prosecutor who issued the order. If the lead prosecutor has given the order, he will handle the case himself.

(4) In a court hearing, a prosecutor shall not be bound by an order from the Head of the Prosecutor or his authorised Prosecutor in the event of a change in the evidentiary situation during the hearing.

Provision of information

§ 12g

(1) The prosecutors shall provide each other with the information they need to carry out their duties; if the information is to be provided on request, the request for information shall always state the reason for requesting information. For this purpose, information shall be understood as data on the procedure of the Prosecutor in the performance of his or her duties in a particular case and data which the Prosecutor has established in this context. The right to request information shall not be linked to the right to interfere in any way with the procedure in which the information is required, unless it is at the same time for the exercise of supervision or the exercise of the authority of the Attorney General under this law.

(2) In criminal proceedings, the information referred to in paragraph 1 shall not be provided for as long as is strictly necessary if it is reasonable to assume that its provision would jeopardise the essential national security interests, the conduct of criminal proceedings or the safety of persons. A record of the temporary failure to provide information shall be drawn up by the prosecutor who should provide the information, which shall be entered in the file.

(3) In the exercise of its powers, the High Prosecutor is entitled to request from any Public Prosecutor a special report on the procedure of prosecutors in the exercise of the jurisdiction of the Prosecutor's Office or to order the Prosecutor to do so in relation to the lowest prosecutors in his district. This is without prejudice to the authorisation of senior and regional prosecutors to the lowest prosecutors in the exercise of supervision.

§ 12h

(1) The High Prosecutor's Office may at any time carry out the necessary findings for any lower Prosecutor's Office, which shall, upon request, provide him with the required synergies. In doing so, it may, in particular, require the submission of, consultation, copies and extracts of files held by the lower prosecutors, and require information and necessary explanations. If it is a matter other than the Attorney General's office, the High Prosecutor's Office is not entitled to intervene in the way the case was handled which has not been terminated.

(2) In the absence of direct participation by the Head of the Prosecutor or by his authorised Prosecutor of the relevant Prosecutor, the High Prosecutor shall notify the findings to the competent Head of the Prosecutor. In the case of the Attorney General's Office, the High Prosecutor's Office shall use the findings of the findings in the context of supervision.

§ 12i

Processing of personal data by prosecutors

(1) The Prosecutor may process personal data if necessary for the performance of his or her duties. Personal data may also be processed for a purpose other than that for which they were originally collected.

(2) The Public Prosecutor may make personal data available or transmit

(a) the authorities responsible for preventing, searching and detecting crime and prosecuting criminal offences, the execution of penalties and protective measures, the security of the Czech Republic, public order and internal security, including the search for persons and things;

(b) bodies and persons operating an establishment in which personal freedom is restricted under legal authorisation, if the places where the prosecutors exercise supervision in the cases provided for by law, perform other tasks arising from legislation or transfer a person, or persons who exercise restrictions on personal freedom in that place; or

(c) courts in connection with its participation in proceedings other than criminal proceedings and public authorities in the performance of their duties.

(3) The Attorney General is the administrator of the central records of prosecuted persons in which the following categories of personal data are processed by the European Public Prosecutor's Office in order to prevent, seek and detect crime and prosecute criminal offences, carry out criminal penalties and protective measures, ensure the security of the Czech Republic, public order and internal security, including the search for persons and objects:

(a) the file mark and the indication of the authority which took the registered action;

(b) identification of the person against whom the criminal proceedings are conducted;

(c) identification of the victims and other persons involved in criminal proceedings;

(d) the legal qualification of the offence for which the criminal proceedings are conducted, indicating its amendments; and

(e) decisions, measures and orders relating to the person against whom the proceedings are conducted, including details of their execution.

(4) Central records of prosecuted persons are not public. Access to the central records of prosecuted persons shall be granted only to the prosecutors for the purposes of their duties and to other law enforcement authorities and to the Probation and Mediation Service for criminal proceedings. For the purpose of carrying out Eurojust's tasks, the national member of Eurojust shall also have access to the central records of the prosecuted persons. For the purpose of carrying out tasks under the Law on International Judicial Cooperation in Criminal Matters, data from the central records of prosecuted persons may also be provided to the Ministry on request.

(5) Personal data kept in the central records of prosecuted persons shall be deleted after the expiry of the shredding period of the file on which the personal data entered in the central records of prosecuted persons were carried out.

§ 12j

For the purposes of the Basic Register Act, the Office of the European Public Prosecutor shall be regarded as a public authority against which the Ministry plays the role of the Central Administrative Office; the data in the basic register of agendas, public authorities, private users of data and certain rights and obligations to be expressed by reference link shall be entered in this way in relation to the European Public Prosecutor's Office only if they are included in the basic registers.

§ 12k

The Attorney General shall appoint a personal data protection officer for the entire system of prosecutors; the tasks of this delegate may be carried out by the Ministry's personal data protection officer under a written agreement between the Prosecutor and the Ministry. The activities of the delegate according to the first sentence shall not include activities in relation to the processing of personal data by prosecutors which are necessary for the performance of the office of the prosecutor in the field of the prevention, search and detection of crime and prosecution of criminal offences, the performance of criminal penalties and protective measures, the security of the Czech Republic, public order and internal security, including the search for persons and objects.

§ 12l

(1) The Attorney General shall monitor compliance of the prosecutors' procedure with the law on the protection of personal data in the processing of personal data when processed for the purpose of preventing, seeking and detecting crime and prosecuting criminal offences, the performance of criminal penalties and protective measures, the security of the Czech Republic, public order and internal security, including the search for persons and things. If it finds deficiencies, it shall impose corrective measures.

(2) The High Prosecutor's Office shall inform the person who made the personal data protection application in such a way as to prevent a threat

(a) carrying out the task of preventing, seeking out, detecting and prosecuting crime, carrying out criminal penalties and protective measures, ensuring the security of the Czech Republic, public order and internal security including the search for persons and things;

(b) infringement, disciplinary action or conduct with signs of infringement,

(c) the protection of classified information; or

(d) the legitimate interests of the third party.

§ 12m

Specific provisions on the processing of personal data in other areas

Article 28 (2) to (4) and Article 29 (3) to (6) of Act No. 110 / 2019 Coll., on the processing of personal data, shall also apply to the processing of requests by the data subject for access, correction, restriction of processing or deletion under Regulation (EU) 2016 / 67910 of the European Parliament and of the Council.

ČÁST ČTVRTÁ

SCOPE OF THE MINISTERS AND GOVERNANCE OF THE STATE REPRESENTATIVES

§ 13

(1) The Minister of Justice may at any time ask any public prosecutor for information on the state of the proceedings in each case in which the public prosecutor is active, if such information is needed for the performance of the Ministry's tasks or if he needs such information as a member of the Government.

(2) The Ministry may, through the competent Head of Public Prosecutor, request any public prosecutor to process the documents necessary to deal with claims for damages claimed by the State for damages caused in the exercise of public authority. 5) Within the limits of the examination of those claims, the authorised officials of the Ministry shall have the right to be familiar with the content of the files and the evidence-based documents held with the prosecutors, as well as the right to request copies and extracts thereof.

Public Prosecutor's Administration

§ 13a

(1) The task of the administration of the Public Prosecutor's Office is to create conditions for the proper exercise of its duties, in particular in terms of personnel, organisational, economic, financial and educational, and to supervise, in the manner and within the limits of this law, the proper performance of the tasks assigned to the Public Prosecutor's Office.

(2) The performance of the administration of the Prosecutor's Office must not interfere with the performance of the tasks arising from its competence.

§ 13b

(1) The Ministry is the central authority of the Public Prosecutor's Administration.

(2) The authorities of the Public Prosecutor's Administration are the senior prosecutors and their deputy representatives; the authorities of the Public Prosecutor's Administration act on behalf of the Public Prosecutor's Office to the extent that they exercise the administration of the Public Prosecutor's Office under this Act.

(3) The Administration of the Public Prosecutor in matters of State property and the State Budget is always carried out by the Ministry through the competent prosecutors. (4a)

§ 13c

(1) The Administration of the Supreme Prosecutor shall be carried out by the Ministry through the Supreme Prosecutor.

(2) The Administration of the High, Regional and District Prosecutor's Office shall be carried out by the Ministry directly or through the relevant senior prosecutors; the administration of the District Prosecutor's Office may also be carried out by regional prosecutors.

(3) The Head of Public Prosecutor's Office shall perform the administration of the Prosecutor's Office to the extent provided for in this Act.

(4) Deputy Head of Public Prosecutor's Office shall be responsible for the administration of the Public Prosecutor's Office to the extent specified by the relevant Head of Public Prosecutor; at the District Attorney's Office after consulting the Regional Prosecutor.

(5) Under their own responsibility, senior prosecutors may entrust individual acts to the administration of the Prosecutor's Office of another prosecutor or other staff of the Prosecutor's Office under whose authority they are headed.

(6) The senior prosecutors shall be responsible to the Ministry for the performance of the administration of the Public Prosecutor in charge; the district prosecutors are also responsible for the execution of the administration of the district prosecutors.

(7) In the performance of the administration of the Prosecutor's Office, the Head of the Prosecutor's Office shall be superior to the prosecutors and other staff of the Prosecutor's Office in charge; Regional prosecutors are also superior to district prosecutors in the performance of the administration of the Prosecutor's Office. In the performance of the administration of the Prosecutor's Office, senior prosecutors may issue measures which are binding on subordinates.

(8) To the extent provided for by this Act, the operation and certain other activities related to the administration of the Supreme Prosecutor's Office, the Attorney General's office and the Regional Prosecutor's Office are provided by the directors of these prosecutors; the responsibility of the relevant Head of Public Prosecutor as a public prosecutor's administration is not affected. The Head of the Prosecutor may reserve matters which are decided directly.

(9) The Director of the Public Prosecutor's Administration is appointed and withdrawn 4b) by the competent Head of Public Prosecutor. The office of Director of the Public Prosecutor's Administration shall be performed in employment.

§ 13d

The Ministry exercises the administration of the Public Prosecutor by:

(a) ensure the running of the public prosecutor's office on an organisational basis, in particular setting out the number of prosecutors, senior officials and professional and other staff of the public prosecutor's office in respect of the quantities handled; it shall be established by agreement with the Supreme Prosecutor with the Supreme Prosecutor,

(b) ensure, in the manner laid down by this Act, the operation of the public prosecutor's office on the personnel side;

(c) ensure the operation of the prosecutors by ensuring the financing of their management and material security to the extent provided for by specific legislation and by carrying out economic checks, 4c)

Citation	Act No. 283 / 1993 Coll., on the Prosecutor's Office
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	29.11.1993
Effective from	01.01.1994
Effective until	-
Status	Valid

Act No. 283 / 1993 Coll.

Law on Public Prosecutor

Contents