Decree No. 312 / 2024 Coll.
Government Regulation on the granting of compensation for certain expenditure to prosecutors assigned to the performance of the duties of a prosecutor abroad
Valid
Regulation
Effective from 30.10.2024
Text versions:
30.10.2024
29.10.2024
312
GOVERNMENT REGULATION
of 23 October 2024
on the granting of compensation for certain expenditure to prosecutors assigned to perform the duties of prosecutor abroad
The Government orders pursuant to § 189 (6) of Act No. 262 / 2006 Coll., Labour Code:
Scope
This Regulation provides for the granting of compensation for certain expenditure to a public prosecutor who has been temporarily assigned to a public prosecutor to another institution or organisation1) abroad, provided that he is not remunerated by that institution or organisation for the performance of his duties (hereinafter referred to as the "public prosecutor assigned abroad ').
Types of refund
(1) It is for the public prosecutor to be assigned abroad to compensate for the increased cost of living.
(2) The public prosecutor to whom he has been assigned or transferred to perform functions (2) (hereinafter referred to as "the public prosecutor") may also provide compensation to the public prosecutor assigned abroad.
(a) increased clearance expenses;
(b) travel and accommodation expenses;
(c) expenditure relating to the transport of personal items.
Reimbursement of increased living costs
(1) It is for the public prosecutor to be assigned abroad to reimburse the increased cost of living from the first to the last day of secondment to serve abroad. Such reimbursement shall be granted in the currency provided for in the legislation governing the granting of reimbursement of certain expenditure to staff of budgetary and contribution organisations with a regular place of workabroad (3) (hereinafter referred to as the "fixed currency '). If, due to a change in the monetary policy of the State of the place of office, it is not possible or appropriate to provide compensation in a specified currency, the Public Prosecutor shall proceed to the change of the specified currency in a manner laid down by the law governing the provision of compensation for certain expenses to staff of budgetary and contribution organisations with a regular place of work abroad (3).
(2) The basis for determining the monthly amount of compensation for the increased cost of living is set by the Prosecutor's Office in the range of 5% to 30% of the salary of the Prosecutor posted abroad. This amount shall be multiplied by the conversion rates for the State of performance of the function. The method of determining the conversion session is laid down in the law governing the granting of compensation for certain expenditure to staff of budgetary and contribution organisations with a regular place of workabroad (3).
(3) The compensation referred to in paragraph 2 shall be increased by 15% to the public prosecutor assigned abroad, whose spouse or partner (4) shall be followed to the post of office abroad; This increase does not apply
(a) for the duration of the stay of a spouse or partner outside a country designated as a place of office abroad, exceeding 49 calendar days per calendar year for European countries and 63 calendar days per calendar year for other cases;
(b) if the spouse or partner has income from dependent activities or as a self-employed person during his or her term of office abroad.
(4) If, for security reasons, the Attorney General decides to evacuate family members of prosecutors posted abroad, it is for each prosecutor who continues to serve abroad for exceptional risks, the compensation referred to in paragraph 2 shall be increased by 20%. The increased compensation shall be due from the date laid down in the decision of the Supreme Prosecutor to evacuate until the date of the abrupt risk decided by the Supreme Prosecutor.
(5) Where exceptional expenditure is incurred by a public prosecutor posted abroad because a child living with him in a common household abroad does not have the possibility to receive a free basic or medium-term education (5) at the place of employment abroad, the total amount of compensation granted under paragraphs 1 to 4 shall be increased by the amount of the extraordinary expenses effectively incurred pursuant to paragraph 6, the amount of which shall be determined by the public prosecutor to the public prosecutor posted abroad on the basis of his written request.
(6) The Public Prosecutor's Office shall reimburse only the expenditure evidently incurred in respect of registration, tuition or trial or similar. Expenditure on individual or additional teaching, school textbooks and aids, insurance premiums, school clothes, meals, school and back transport, optional lessons, school events and similar public prosecutor expenses shall not be reimbursed.
(7) Where expenditure is incurred by a public prosecutor posted abroad on account of his or her illness or of his or her family member's illness or accident, the reimbursement referred to in paragraphs 2 to 4 shall be increased by the expenditure effectively incurred in connection with treatment abroad. If a prosecutor assigned abroad or a wife or partner of a prosecutor assigned abroad does not travel to the Czech Republic for childbirth, the prosecutor may increase the compensation referred to in paragraphs 2 to 4 by up to the amount corresponding to the amount of the usual expenses for travel to and from the Czech Republic.
(8) If the prosecutors and prosecutors assigned abroad for the granting of compensation for the increased cost of living referred to in paragraphs 1 to 4 for the last month of secondment to serve abroad in another currency, the refund shall be granted in a specified currency. In determining the amount of the refund, the Prosecutor's Office shall use the rate declared by the Czech National Bank valid on the day of calculation of the amount of the refund.
Reimbursement of increased clearance expenses
(1) The Public Prosecutor may grant a one-off refund to the public prosecutor posted abroad of the proven increased clearance expenses in Czech currency.
(2) The amount of the refund referred to in paragraph 1 shall be no more than twice the salary of the prosecutor posted abroad.
Reimbursement of travel and accommodation expenses
(1) The Prosecutor's Office may provide a public prosecutor who is assigned abroad with compensation for the cost of travel to and from the Czech Republic for health care, childbirth, sickness, accident or leave or for the funeral of his spouse, partner, parent or child. For the same reason, the Prosecutor's Office may provide to the public prosecutor who is assigned abroad proof of the costs incurred for travel to and from another State, but not more than the amount of the usual travel expenses to and from the Czech Republic.
(2) The public prosecutor may also provide the public prosecutor, who is assigned abroad, with compensation equivalent to the cost of the travel, as shown in paragraph 1, incurred by his family member and the cost of travel to the Czech Republic of his child immediately after completion of his studies at secondary school or for travel to another State, up to a maximum of the amount corresponding to the usual travel expenses to the Czech Republic.
(3) The Public Prosecutor may provide to the public prosecutor posted abroad with compensation for the costs of travelling from the Czech Republic and the return of his child, who is a student of primary or secondary school in the Czech Republic, once per calendar year. For the same reason, the Public Prosecutor may provide to the public prosecutor who is assigned abroad proof of the costs incurred for travel from and from another State, but not more than the amount of the usual travel expenses from and from the Czech Republic.
Reimbursement of expenditure relating to the transport of personal goods
(1) The Public Prosecutor may provide the public prosecutor, who is assigned abroad, with evidence of expenditure incurred in connection with the transport of his or her personal effects and, where appropriate, of his or her family member's personal effects to his or her place of office abroad and back. The method of transport shall be determined by the Prosecutor's Office.
(2) The public prosecutor may, to the extent recognised by him, pay to the public prosecutor posted abroad in connection with the transport of personal goods referred to in paragraph 1, as well as the expenditure evidently incurred for:
(a) the acquisition of transport packaging;
(b) customs duties, taxes, administrative or similar charges relating to transport,
(c) insurance against the carriage of personal goods.
Common provision
Reimbursement of extraordinary expenses pursuant to § 3 (5) and (7) and expenditure pursuant to § 5 and 6 shall be granted in the currency in which the superseded expenditure has been incurred by the public prosecutor posted abroad. If the currency is different from the specified currency and the public prosecutor does not have the money available in that currency or if he so agrees with the public prosecutor, he may provide compensation in the specified currency or in the Czech currency. In determining the amount of the refund, the exchange rate of the fixed currency, as evidenced by the State's representative posted abroad to the currency in which the expenditure was incurred, and the rate declared by the Czech National Bank on the day on which the refund was granted, shall be used.
Transitional provision
The reimbursement of the increased cost of living and the reimbursement of the increased costs of fitting-out, travel and accommodation costs and of the expenditure relating to the carriage of personal goods which have been allocated to the public prosecutor abroad during the period from 1 January 2024 to the date immediately preceding the date of entry into force of this Regulation shall be deemed to have been paid under this Regulation.
Repeal
Government Decree No. 538 / 2005 Coll., amending Government Decree No. 372 / 2004 Coll., on the granting of reimbursement of certain expenses to prosecutors assigned to the performance of the office of Prosecutor's Office abroad, is hereby repealed.
Efficacy
This Regulation shall enter into force on the day following that of its publication.
Prime Minister:
Prof. PhDr. Fiala, Ph.D., LL.M., v. r.
Deputy Prime Minister and Minister for Labour and Social Affairs:
Ing. Jurečka v. r.
1) § 19a of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended.
2) Article 19 of Act No. 283 / 1993 Coll., as amended.
3) Annex to Government Decree No 62 / 1994 Coll., on the granting of compensation for certain expenses to staff of budgetary and contribution organisations with a regular place of work abroad, as amended.
4) Paragraph 655 (2) of the Civil Code. Act No. 115 / 2006 Coll., on Registered Partnership and on the amendment of certain related laws, as amended.
5) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended.
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Regulation Information
| Citation | Decree of the Government No. 312 / 2024 Coll., on the provision of compensation for certain expenses to prosecutors assigned to perform the duties of Prosecutor's Office abroad |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.10.2024 |
|---|---|
| Effective from | 30.10.2024 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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