What is Act No. 315 / 2019 Coll.?

Act No. 315 / 2019 Coll., amending Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, Act No. 40 / 2009 Coll., the Criminal Code, as amended, and certain other laws — Act amending Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, Act No. 40 / 2009 Coll., Criminal Code, as amended, and certain other laws.

When it became Act No. 315 / 2019 Coll. effectiveness?

Act No. 315 / 2019 Coll. became effective 01.12.2019.

Is Act No. 315 / 2019 Coll. still valid?

Yes, Act No. 315 / 2019 Coll. is still valid and effective.

How many times was it Act No. 315 / 2019 Coll. amended?

Act No. 315 / 2019 Coll. has 3 time versions of the text.

Act No. 315 / 2019 Coll. - Act amending Act No. 283 / 1993 Coll., o...

315

THE LAW

of 30 October 2019

amending Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, Act No. 40 / 2009 Coll., the Criminal Code, as amended, and certain other laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Public Prosecutor's Act

Čl. I

Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 261 / 1994 Coll., Act No. 201 / 1997 Coll., Act No. 169 / 1999 Coll., Act No. 11 / 2001 Coll., Act No. 14 / 2002 Coll., Act No. 151 / 2002 Coll., Act No. 74 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 286 / 2004 Coll., Act No. 381 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 7 / 2009 Coll., Act No. 218 / 2009 Coll., Act No. 218 / 2009 Coll., Act No. 121 / 2008 Coll., Act No. 129 / 2008 Coll.

1. In Article 1, at the end of paragraph 2, the sentence "This law shall be further amended 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 '), as regards the status of prosecutors 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. "

footnote 11:

"(11) Council Regulation (EU) 2017 / 1939 of 12 October 2017 implementing enhanced cooperation with a view to the establishment of the European Public Prosecutor's Office. ';

2. In Paragraph 4 (1), the words "unless otherwise provided for in the Regulation establishing the European Public Prosecutor's Office 'shall be added at the end of the text in point (a).

3. Paragraph 12g (1) shall be supplemented by the following at the end of the first sentence: "; if the information is to be provided on request, the request for information shall always state the reason for requesting information '.

4. In § 12g, at the end of paragraph 1, the words "or the exercise of the authority of the Attorney General under this Act 'shall be added.

5. In Paragraph 12g, the following paragraph 2 is inserted after paragraph 1:

"(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 non-disclosure of information shall be drawn up by the prosecutor who should provide the information, which shall be entered in the file. ';

Paragraph 2 shall become paragraph 3.

6. In Article 12i (3) of the Introductory Part of the provision, the words "of the files kept by the courts, prosecutors and the European Public Prosecutor's Office 'shall be inserted after the word" processed'.

7. In Section 12j (1) of the Introductory Part of the Provisions and in Section 12j (6) of the Introductory Part of the Provisions, the words "and the Office of the European Public Prosecutor 'shall be inserted after the word" representative'.

8. In § 12j, the following paragraph 9 is added:

"(9) 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 information in the register of rights and obligations to be expressed by reference link shall be given in relation to the Office of the European Public Prosecutor only if it is given in the basic registers. ';

9. In Article 16a (3), the words "or the Office of the European Public Prosecutor 'shall be inserted after the words" or the Office of the European Public Prosecutor' and the words "or the Office of the European Public Prosecutor 'shall be inserted after the words" Article 16a (3)'.

10. In Article 16b, at the end of the text of paragraph 1, the words "; only a complaint of inappropriate conduct may be lodged against the European Delegated Prosecutor 'shall be added.

11. in Paragraph 22, the following paragraph 3 is inserted after paragraph 2:

"(3) The Minister of Justice shall inform the European Chief Prosecutor that the Prosecutor appointed as European Prosecutor or European Delegated Prosecutor shall temporarily relieve the performance of the duties referred to in paragraph 2 and the reasons for such temporary exemption. In the case of a temporary waiver of the office of a public prosecutor appointed to the office of a European authorised prosecutor for disciplinary action in relation to his duties under the Regulation establishing the Office of the European Public Prosecutor, the Minister of Justice shall proceed under this Regulation. ';

Paragraphs 3 to 5 shall become paragraphs 4 to 6.

12. In Paragraph 26, the present text becomes paragraph 1 and the following paragraphs 2 and 3 are added:

"(2) A prosecutor who has been appointed as a European Prosecutor shall not be eligible to serve as a Prosecutor if the Court of Justice of the European Union has been removed from the office of European Prosecutor and if the grounds for such an appeal call into question the credibility of his continued residence as a Prosecutor.

(3) A public prosecutor who has been appointed as a European Prosecutor shall not be eligible to serve as a public prosecutor if he has been removed from the office of European Prosecutor by the College established by the Regulation setting up the Office of the European Public Prosecutor and if the reasons for such an appeal call into question the credibility of his continued presence as a public prosecutor. "

13. At the end of Paragraph 27, the sentence "The State Prosecutor appointed as European Prosecutor or European Prosecutor shall be responsible for disciplinary action in cases where the Regulation establishing the European Public Prosecutor's Office so permits; the provisions of this Part shall apply mutatis mutandis to a public prosecutor appointed as a European Prosecutor or European Prosecutor. ';

14.

„§ 32

The procedure for the competence of a public prosecutor to perform his duties shall be governed by the specific legislation referred to in Section 31. '.

15. The following part shall be inserted after Part 11:

„ČÁST DVANÁCTÁ

SPECIFIC PROVISIONS ON THE EUROPEAN PUBLIC ENFORCEMENT AUTHORITY

§ 34b

(1) The date on which the Prosecutor of the Office of the European Prosecutor, the European Prosecutor or the European Prosecutor-in-Chief was appointed to the Office of the European Public Prosecutor. In so far as a public prosecutor appointed as a European Prosecutor is not temporarily assigned to the Office of the European Public Prosecutor, that public prosecutor shall perform the duties of a public prosecutor under this law. The temporary secondment shall continue for the duration of the duties of European Chief Prosecutor, European Prosecutor or European Delegated Prosecutor.

(2) The Minister of Justice, after consulting the Attorney General and with the agreement of the Prosecutor appointed to the office of the European Prosecutor-in-Chief, shall determine a certain prosecutor as the place of office of the Prosecutor.

§ 34c

(1) The Prosecutor's Office, which has been designated as the place of office of the European Delegated Prosecutor, shall be deemed to be the Prosecutor's office with which the European Delegated Prosecutor is active.

(2) The Head of the Prosecutor's Office, which has been designated as the place of office of the European Delegated Prosecutor, shall, to the extent that the Regulation establishing the Office of the European Public Prosecutor permits it, be superior to the Prosecutor appointed as the European Delegated Prosecutor.

(3) The task of the administration of the Public Prosecutor is also to create conditions for the proper performance of the tasks of the European Delegated Prosecutor.

§ 34d

(1) The European Chief Prosecutor, the European Prosecutor and the European Prosecutor-in-charge shall have, to the extent that the Regulation establishing the Office of the European Public Prosecutor so permits, the same powers and obligations as those laid down in the legislation of the Prosecutor.

(2) The Office of the European Public Prosecutor is entitled to obtain information from registers, registers, registers, databases and lists to the same extent and in the same way as it is obtained by the Prosecutor for criminal proceedings.

(3) Paragraph 12g (1) and (2) shall apply mutatis mutandis to the provision of information between the Public Prosecutor's Office and the European Public Prosecutor's Office. Paragraph 13 (1) shall apply mutatis mutandis in order to authorise the Minister of Justice to request information from the European Public Prosecutor's Office on the state of the proceedings in the case in which the European Public Prosecutor's Office is active.

§ 34e

The Public Prosecutor's Office shall immediately notify the Public Prosecutor's Office of the facts suggesting that a criminal offence has been committed with which the European Public Prosecutor's Office could exercise its powers in accordance with Articles 22 and 25 (2) and (3) of the Regulation establishing the Office of the European Public Prosecutor.

§ 34f

In accordance with the Labour Code, a public prosecutor appointed to act as a European Delegated Prosecutor shall be liable for damages or minor damage caused by accidents at work or occupational diseases to the extent that it has not been reimbursed by the European Public Prosecutor's Office.

§ 34g

Disputes concerning jurisdiction between the Public Prosecutor's Office and the Office of the European Public Prosecutor, to the extent that the Regulation establishing the Office of the European Public Prosecutor permits it, shall be decided by the High Prosecutor's Office. '.

The twelfth part shall be renumbered thirteenth.

ČÁST DRUHÁ

Amendment to the Code of Criminal Procedure

Čl. II

Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, No 2006, No 2006 / 2006, Act No. 5, No. 5, Act No. 5, No. 5, No 5, No. 5, No. 5, No. 5, No 5, No. 5, No 5

1. In Article 2 (3), the words ", directly applicable European Union law 'shall be inserted after the word" law'.

2. In Article 12, the following sentence is added at the end of paragraph 5: "The European Prosecutor-General, the European Prosecutor-General and the European Prosecutor-General shall also mean, within their scope, the European Prosecutor-General provided for in Council Regulation (EU) 2017 / 1939 implementing enhanced cooperation with a view to the establishment of the Office of the European Public Prosecutor. '

3. In Article 17 (1) (c), the words "the European Communities' are replaced by the words" the European Union '.

4. In Article 144, at the end of paragraph 2, the words "or, if there is a complaint from the European Delegated Prosecutor or the European Prosecutor, the competent authority of the European Public Prosecutor's Office 'shall be added.

5. In Article 146 (2), at the end of the text of point (a), the words "or, where such a public prosecutor is the European Delegated Prosecutor or the European Prosecutor, through his competent authority, the European Public Prosecutor's Office 'shall be added.

6. in Article 146 (2), the following point (c) is inserted after point (b):

"(c) the European Delegated Prosecutor or European Prosecutor to the competent authority of the Office of the European Public Prosecutor or of the Court of First Instance,"

Points (c) and (d) shall be renumbered points (d) and (e).

7. In Paragraph 146a, at the end of the text of paragraph 1, the words "if the European Prosecutor has taken the contested decision, the Court of First Instance shall decide in the context of which there would be an active European authorised applicant who would otherwise be competent to supervise the maintenance of the lawfulness of the preparatory procedure '.

8. In Article 146a (2), at the end of the first sentence, the words "if the European Prosecutor is supervised by a European Prosecutor in the preparatory procedure, the Court of First Instance shall decide in the context of which there would be an active European Prosecutor who would otherwise be competent to exercise supervision over the maintenance of legal proceedings'.

9. In Article 158 (1), the following sentence is inserted after the first sentence: "The police authority shall inform the prosecutors of the facts suggesting that an offence has been committed with which the European Public Prosecutor's Office could exercise its powers in accordance with Articles 22 and 25 (2) and (3) of Council Regulation (EU) 2017 / 1939. '

10. In the first sentence of Paragraph 158e (4), the words "or on a proposal from the European Delegated Prosecutor 'shall be inserted after the words" representative'.

11. in Article 158e (4), the sentence "The application for use of an agent may also be lodged by the European Prosecutor; in such a case, it authorises the use of an agent of the Supreme Court Judge in whose district the European Prosecutor-in-charge would be active, who would otherwise be competent to supervise the maintenance of legality in the preparatory procedure. ';

12. in Paragraph 159d, at the end of paragraph 3, at the end of paragraphs 173a and 174a, at the end of paragraph 1, the words "this shall not apply if it is on a resolution issued by a European Delegated Prosecutor or European Prosecutor."

13. In Paragraph 250, at the end of paragraph 2, the words "or, if there is an appeal from the European Delegated Prosecutor or European Prosecutor, the competent authority of the European Public Prosecutor's Office 'shall be added.

14. in Article 265d (1), at the end of the text of point (a), the words "where the public action was not represented before the courts by the European Delegated Prosecutor or the European Prosecutor" shall be added.

15. in Article 265d (1), the following point (b) is inserted after point (a):

"(b) the competent authority of the Office of the European Public Prosecutor for the misconduct of any decision of the court, both for the benefit and for the benefit of the defendant, where the public action has been represented before the court by a European Delegated Prosecutor or a European Prosecutor, or"

Point (b) shall be renumbered (c).

16. In the second sentence of Article 265f (1), the words "it is required in the application to state whether it is lodged 'are replaced by the words" and the competent authority of the European Public Prosecutor's Office is required in the application to indicate whether it is lodged'.

17. in § 265g (1) second sentence, § 265g (2) second sentence and in § 265o (2) last sentence, the words "or the competent authority of the European Public Prosecutor's Office" shall be inserted after the word "representative."

18. in the second and third sentences of Article 265g (1), the words "or the competent authority of the European Public Prosecutor's Office" shall be inserted after the word "representative."

19. in Article 265h (1), the words "the competent authority of the European Public Prosecutor's Office or" shall be inserted after the words "or";

20. In the first sentence of Article 265h (2), the words "or the competent authority of the Office of the European Public Prosecutor, where a public action has been brought before a court by a European Delegated Prosecutor or a European Prosecutor 'shall be inserted after the words" the Prosecutor' and the words "or the competent authority of the Office of the European Public Prosecutor 'shall be inserted.

21. in Article 265p (1), the words "or the competent authority of the European Public Prosecutor's Office" shall be inserted after the word "representative."

22. in Article 265r (1) (c), the words "the highest prosecutor and accused" shall be replaced by the words "the accused and the highest prosecutor or, where a public action has been brought before the courts by a European Delegated Prosecutor or a European Prosecutor, the competent authority of the European Public Prosecutor's Office."

23. in § 265r (2):

"(2) In a public meeting, the participation of a public prosecutor active in the Supreme Prosecutor's Office or, where a public action has been brought before a court by a European authorised applicant or European applicant, the participation of a European authorised applicant, a European prosecutor or a European Chief Prosecutor shall be compulsory. ';

24. In Section 274, at the end of the text of the first sentence, the words "or, in the case where the case at the last instance was the case, with the participation of the European Delegated Prosecutor, the European Prosecutor or the European Chief Prosecutor 'shall be added.

25. In Paragraph 466, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) In the case where, in the main proceedings, the case was at the last instance of the European Delegated Prosecutor or of the European Prosecutor, the Minister of Justice may request an inquiry into the complaint for infringement and a proposal for handling the complaint by the competent authority of the European Public Prosecutor's Office. '

26. At the end of the text of § 466a, the words "and at the same time follow the directly applicable regulation of the European Union12 'are added.

Footnote 12 reads:

"(12) Council Regulation (EU) 2017 / 1939. '

ČÁST TŘETÍ

Amendment of the Penal Code

Čl. III

Act No. 40 / 2009 Coll., Penal Code, as amended by Act No. 306 / 2009 Coll., Act No. 181 / 2011 Coll., Act No. 330 / 2011 Coll., Act No. 357 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 55 / 2012 Coll., Act No. 193 / 2012 Coll., Act No. 360 / 2012 Coll., Act No. 47 / 2012 Coll., Act No. 150 / 2016 Coll., Act No. 163 / 2016 Coll., Act No. 420 / 2011 Coll.

1. The following Section 127a is inserted after Section 127:

„§ 127a

Prosecutor

The national representative shall also mean the European authorised applicant, the European applicant and the European Chief Prosecutor, within their scope, established by the directly applicable European Union law governing the establishment of the European Public Prosecutor's Office. ';

2. Paragraph 260 (1) and (2) read:

"(1) Any person who draws up, applies or submits false, incorrect or incomplete documents, or gives false or grossly falsified data, or conceals documents or essential data, thereby allowing the unauthorised use or retention of funds originating from, or on behalf of, the European Union budget or budgets managed by, or on behalf of, the European Union, or the reduction of the resources of, such a budget, or the improper use or retention of assets acquired by, or held by, the European Union budget or budgets managed by, or on behalf of, the European Union shall be penalised by the withdrawal of liberty for up to three years, the prohibition of activity or forfeiture.

(2) In the same way, it shall be punishable who uses funds from or on behalf of the budget of the European Union or budgets managed by or on behalf of the European Union, assets acquired from or on behalf of the budget of the European Union or budgets managed by the European Union. ';

3. At the end of footnote 1, the sentences are added to separate rows

"Directive 2014 / 62 / EU of the European Parliament and of the Council of 15 May 2014 on the criminal protection of the euro and other currencies against counterfeiting, replacing Council Framework Decision 2000 / 383 / JHA.

Directive (EU) 2017 / 1371 of the European Parliament and of the Council of 5 July 2017 on combating fraud against the financial interests of the Union. '.

ČÁST ČTVRTÁ

Amendment of the Act on the organisation and implementation of social security

Čl. IV

Sb.

"(j) prosecutors acting as European prosecutors in the Czech Republic pursuant to the directly applicable European Union law governing the establishment of the Office of the European Public Prosecutor, the Prosecutor, which has been designated as the place of office of the European Prosecutor, or"

ČÁST PÁTÁ

Amendment of the Social Security Insurance Act and contribution to the State Employment Policy

Čl. V

Act No. 1 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 15 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 15 / 2004, Act No. 5 / 2004, Act No. 15 / 2004, Act No. 15 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 15 / 2004, Act No. 5 / 2004, Act No. 15 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 100, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 2004, Act No. 2004, Act No, Act No. 100, Act No. 2004, Act No. 100, Act No. 100, Act No. 100, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, No, No.

1. The following Section 24a is inserted after Section 24:

"Specific provisions

§ 24a

(1) The European Delegated Prosecutor shall also be liable for insurance premiums as employees in the Czech Republic under the directly applicable European Union law governing the establishment of the Office of the European Public Prosecutor (hereinafter referred to as the European Delegated Prosecutor).

(2) For the purposes of this Act, the Prosecutor's Office, which has been designated as the place of employment of the European Prosecutor, shall be regarded as the employer of the European Delegated Prosecutor.

(3) The European Delegated Prosecutor shall be deemed to be the basis for assessment of the remuneration of the European Delegated Prosecutor for the work provided for under the directly applicable provisions of the European Union governing the establishment of the European Public Prosecutor's Office. The European Delegated Prosecutor shall communicate and document in writing to his employer the amount of such remuneration within 8 days of its determination or amendment.

(4) For the payment of insurance premiums by the employer and the employee, the procedure laid down in Article 8 (2) shall be applied mutatis mutandis. ';

2. The heading under the heading § 25 is deleted.

ČÁST ŠESTÁ

Amendment to the Penal Register Act

Čl. VI

Act No. 269 / 1994 Coll., on the Register of Penalties, as amended by Act No. 126 / 2003 Coll., Act No. 253 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 179 / 2007 Coll., Act No. 269 / 2007 Coll., Act No. 345 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 130 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 306 / 2009 Coll., Act No. 357 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 183 / 2017 Coll., Act No. 167 / 2012 Coll., Act No. 111 / 2019 Coll., Act No. 105 / 2013 Coll., Act No. 204 / 2015 Coll., Act No. 298 / 2016 Coll., Act No. 183 / 2017 Coll.

1. In Article 8 (1), the words "and the Prosecutor's Office 'are replaced by the words", the Prosecutor's Office';

2. in Article 8 (2) and in Article 16a (1), the words "or the Prosecutor's Office" shall be replaced by the words "the Prosecutor's Office";

ČÁST SEDMÁ

Amendment to the Pension Insurance Act

Čl. VII

In Section 105 of Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 303 / 2009 Coll., the following paragraph 3 is added:

"(3) The insurance companies are also involved in prosecutors performing the function of European authorised prosecutors in the Czech Republic under the directly applicable European Union law governing the establishment of the European Public Prosecutor's Office. The period of participation in the insurance of such prosecutors shall be considered as the period of insurance and as a gainful activity. ';

ČÁST OSMÁ

Amendment of the Salary Act and certain other requirements of prosecutors

Čl. VIII

Act No. 201 / 1997 Coll., on the salary and certain other requirements of the prosecutors and on the amendment and amendment of Act No. 143 / 1992 Coll., on the salary and remuneration for on-call time in the budget and in certain other organisations and bodies, as amended, as amended by Act No. 155 / 2000 Coll., Act No. 14 / 2002 Coll., Act No. 279 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 420 / 2002 Coll., Act No. 425 / 2002 Coll., Act No. 425 / 2003 Coll., Act No. 347 / 2011 Coll., Act No. 626 / 2004 Coll., Act No. 630 / 2004 Coll., Act No. 261 No. 261 / 2007 Coll., Act No. 418 / 2009 Coll., Act No. 425 / 2010 Coll., Act No. 425 / 2011 Coll., Act No. 347 / 2011 Coll.

1. In the second sentence of Article 5 (2), the words "abroad 'are deleted.

2. In Article 5, the following paragraph 3 is added:

"(3) The public prosecutor appointed as the European Prosecutor-in-Office shall have a proportion of the salary to the extent that he fulfils the duties of the Prosecutor under the Prosecutor's Act. ';

ČÁST DEVÁTÁ

Amendment of the Law on Courts and Judges

Čl. IX

Act No. 1 / 2011, Act No. 1 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 1 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 3 / 2006 Coll.

1. In Paragraph 70a, the sentence "The Minister of Justice shall decide on the temporary secondment referred to in the first sentence, at the end of paragraph 1."

2. In Paragraph 70a (2):

"(2) The date on which the European Chief Prosecutor's office became Judge shall be temporarily assigned to the Office of the European Public Prosecutor. Temporary secondment shall continue for the duration of this function. ';

3. in § 99 (1) (d), the text "(§ 70a)" shall be replaced by "under § 70a (1)."

4. In Paragraph 99 (2), the words "as referred to in paragraph 1 'shall be inserted after the word" function'.

5. In Paragraph 99, the following paragraph 3 is inserted after paragraph 2:

"(3) The Judge appointed as European Chief Prosecutor shall be temporarily relieved of his duties as Judge. '.

Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.

6. In the first sentence of Paragraph 99 (4), the words "and in accordance with paragraph 3 'shall be inserted after the words" (a)'.

ČÁST DESÁTÁ

Amendment of the Law on proceedings in the cases of judges, prosecutors and court executors

Čl. X

Act No. 7 / 2002 Coll., on Proceedings in the Cases of Judges, prosecutors and court executors, as amended by Act No. 151 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 314 / 2008 Coll., Act No. 286 / 2009 Coll. is amended as follows:

1. In Article 8, at the end of paragraph 5, the dot is replaced by a comma and the following point (e) is added:

"(e) the Head of the Prosecutor's Office, which has been designated as the place of office of the Prosecutor appointed to serve as European Prosecutor, against that Prosecutor."

2. Paragraph 12 (3) reads as follows:

"(3) Where the President of the Chamber has not submitted an application for disciplinary action, he shall also inform the President of the opening of the disciplinary action.

(a) the President of the Court to whom the accused is assigned to the court for the performance of his duties, if the accused is a judge, the President of the Court, the Vice-President of the Court or the President of the College of the Supreme Court or the Supreme Administrative Court;

(b) the Attorney General and the Chief Prosecutor of the Prosecutor to whom the accused is assigned for the performance of his duties, if he is the accused of his duties;

(c) the Attorney General, the Head of the Prosecutor's Office, which has been designated as the place of office of the European Prosecutor-General, and the Office of the European Public Prosecutor, if the accused is the European Prosecutor's office,

(d) the Prosecutor-General and the Office of the European Public Prosecutor, if the defendant is a prosecutor appointed as a European Prosecutor; or

(e) The Executive Chamber of the Czech Republic, if the court executor is accused of the case. ';

3. Paragraph 16 (4) reads as follows:

"(4) If the applicant is not, the President of the Chamber shall also inform the Minister of Justice of the date of the oral hearing; and