Decree of the Ministry of Justice No. 311 / 2000 Coll.
Decree of the Ministry of Justice amending 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 acts carried out by legal candidates, as amended by Decree No. 265 / 1997 Coll. and Decree No. 218 / 1998 Coll.
Valid
Order
Effective from 05.10.2000
Text versions:
05.10.2000
05.09.2000
311
DECLARATION
Ministry of Justice
of 23 August 2000
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 by Decree No. 265 / 1997 Coll. and Decree No. 218 / 1998 Coll.
The Ministry of Justice provides pursuant to § 7 and 40 of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended:
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 by Decree No. 265 / 1997 Coll. and Decree No. 218 / 1998 Coll., are amended as follows:
1.
Prosecutor General in Olomouc - Branch Office in Brno and Branch Office in Ostrava
(1) In the district of the High Prosecutor's Office in Olomouc, branches are established in Brno and Ostrava.
(2) The Chief Prosecutor in Olomouc - a branch in Brno is responsible for the supervision and decision-making of the legality of the pre-trial proceedings and acts prior to the start of criminal prosecution in cases of offences referred to in § 15 (1) and (2) committed in the District of the Regional Prosecutor in Brno.
(3) The Chief Prosecutor in Olomouc - Branch in Ostrava is responsible for the supervision of the observance of legality in preparatory proceedings and acts before the start of criminal prosecution in cases of offences referred to in § 15 (1) and (2) committed in the District of the Regional Prosecutor in Ostrava and is responsible for such cases under § 15 (3). "
(2) Paragraph 15, including footnotes 3a), 3b) and 3c) shall read as follows:
(1) In order to exercise supervision of the observance of legality in preparatory proceedings and to act before prosecution in matters of intentional offences
(a) committed in the activities of a bank, investment company or investment fund, securities dealer, insurance undertaking, health insurance company, pension fund, building savings bank or savings and credit cooperative, if damage was caused at least CZK 100 million;
(b) natural or legal persons committed in connection with the unauthorised exercise of the activities of the bodies referred to in (a);
(c) causing damage to the State's assets of at least CZK 50 million; or
(d) according to the second or ninth parts of the criminal law, where they have been committed for the benefit of a criminal organisation, 3a) or where, in connection with their detection or investigation, a criminal offence has been committed or should have been committed by abuse of the authority of a public official under § 158 of the criminal law or criminal acts of bribery, acceptance of bribery or indirect bribery under § 160 to 162 of the criminal law;
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) The Attorney General shall be responsible for any of the offences referred to in paragraph 1, as well as for the exercise of supervision over the maintenance of legality in preparatory proceedings and for acts prior to the start of criminal proceedings in respect of other offences in respect of which joint proceedings are carried out, 3b. (c)
(3) The Attorney General may, after prior agreement of the Attorney General, decide that the lower prosecutors shall be responsible for the supervision of the legality of the preparatory procedure and the pre-prosecution proceedings referred to in paragraphs 1 and 2; its jurisdiction shall be determined in accordance with the principles set out in Sections 12 to 14 and 16.
(3a) Paragraph 89 (17) of the Criminal Act.
(3b) Paragraph 20 (1) of the Criminal Code.
3c) § 23 (1) of the penal order. '
3. In the heading of the third section of Part Two and in Paragraph 27 (1), "24 'is replaced by" 48'.
4. In Article 29 and in its title, the words "and 62a 'shall be inserted after the words" pursuant to § 62'.
Transitional provision
In cases where criminal proceedings have been initiated or acts have been carried out prior to the start of criminal proceedings before the date of application of this Order and the preparatory procedure has not been completed, the rules previously in force shall be followed; This shall be without prejudice to the right of the Attorney General to decide that, in view of the seriousness, the factual or legal difficulty of taking over any of the matters referred to in Article 15 (1) for the purpose of supervising the maintenance of lawfulness in preparatory proceedings or before the start of criminal proceedings from the lower prosecutors in his district.
This Decree shall take effect on the 30th day following its publication.
Minister:
JUDr. Motél v. r.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 311 / 2000 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 acts carried out by legal candidates, as amended by Decree No. 265 / 1997 Coll. and Decree No. 218 / 1998 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.09.2000 |
|---|---|
| Effective from | 05.10.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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