Decree No. 383 / 2017 Coll.
Decree on selection, acceptance and waiting practice of legal candidates and on final examination
Valid
Order
Effective from 01.01.2018
Text versions:
01.01.2018
23.11.2017
383
DECLARATION
of 14 November 2017
on the selection, acceptance and waiting practice of legal candidates and on the final test
According to Article 40 (1) (c) and (d) of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended, (hereinafter referred to as "the Act"):
SELECTION AND ACCEPTANCE OF LEGAL REPRESENTATIVES
Announcement and stages of the selection procedure for waiting practice
(1) The Regional Prosecutor, after consulting the Ministry of Justice (hereinafter referred to as "the Ministry"), announces the selection procedure for the waiting practice (hereinafter referred to as "the selection procedure") as required for the vacancy of legal candidates (hereinafter referred to as "the candidate").
(2) The selection procedure is announced on the Ministry's website. The selection procedure is announced on the official record of all regional and district prosecutors. The detailed information on the selection procedure shall also include the evaluation criteria and the model of the application for participation in the selection procedure (the application). The selection procedure shall be announced at least 30 days before the deadline set for the submission of applications. The announcement of the selection procedure shall include an indication of the area of competence of the Regional Prosecutor for which the selection procedure is being organised. The announcement of the selection procedure shall also include information on the possibility of obtaining the application form and details of the terms and conditions of participation in the selection procedure and its conduct in electronic and paper form, as well as the deadline for submitting applications.
(3) The selection procedure shall include an examination of the application, a written test, an interview before the commission of the relevant Regional Prosecutor's Office (hereinafter referred to as the "Admission interview ') and a verification of the moral characteristics of the candidate for admission to the waiting practice (hereinafter referred to as" the candidate'), which shall guarantee that he will hold the post properly. The Regional Prosecutor shall proceed according to the uniform methodology (1) developed by the Judicial Academy and approved by the Ministry.
(4) The applicant has the right to be informed of the results achieved in the various stages of the selection procedure.
(5) If, for serious reasons, the tenderer is unable to take part in any of the stages of the selection procedure and to make a written apology for his non-participation no later than 5 days after the written examination or the interview is held, he shall be given a replacement date for his completion. The applicant may, at one stage of the selection procedure, apologize only once according to the first sentence; a written test or an interview within a replacement period shall be held within 14 days of the original date.
(6) A candidate who does not participate in one of the stages of the selection procedure will be excluded from the selection procedure by the regional prosecutor concerned. The Regional Prosecutor shall send the applicant a written notice of withdrawal from the selection procedure.
Application
(1) The applicant shall submit an application within the time limit set in the invitation to tender to the Regional Public Prosecutor, in whose district he is interested in carrying out a waiting practice. The application and detailed information on the selection procedure shall be provided by the applicant at his request by the Ministry, the Judicial Academy, the Regional or Regional Prosecutor's Office.
(2) The applicant shall attach to the application an officially certified copy of the document of attaining the required higher education law education (2), where appropriate, of obtaining an academic degree and of attaining scientific or scientific degrees, of the declaration of language knowledge, of the CV, of the extract from the record of the Register of Penalties not older than 3 months and other formalities laid down by other legislationm3).
(3) The Regional Prosecutor will assess the completeness of the application and the documents which the applicant is required to submit with the application. If the applicant does not submit a duly completed application or if he does not submit all the required documents, even after the invitation and within the time limit set to supplement them, the Regional Prosecutor shall exclude the tenderer from taking part in the selection procedure. The Regional Prosecutor shall send the applicant a written notice of withdrawal from the selection procedure.
Written test
(1) The written test will verify the professional knowledge and assumptions of the candidate for admission to waiting practice.
(2) Successful management of the written test is a condition for further participation of the candidate in the selection procedure.
(3) The applicant who failed the written test will be excluded from the selection procedure by the Regional Prosecutor. The Regional Prosecutor shall send the applicant a written notice of withdrawal from the selection procedure.
Admission interview
(1) The candidate shall be subjected to an interview whose purpose is an overall evaluation of the candidate's acceptance assumptions. The admission interview shall be conducted by a commission composed of prosecutors operating in the district of the county attorney's office. The President and members of the Commission shall be appointed and dismissed by the Regional Prosecutor in such a way that the Commission has an odd number of members. The Admission Interview shall be attended by the Council of the Judicial Academy by an authorised representative of the Judicial Academy (hereinafter referred to as the "representative of the Judicial Academy '), who, at the end of the Admission Interview, shall make written observations on its conduct.
(2) The admission interview shall verify the professional knowledge and assumptions of the candidate for admission to the waiting practice.
(3) Part of the admission interview is the presumed designation of the District Attorney's Office, where the candidate will perform a waiting practice.
(4) The result of an interview shall be evaluated at the "proposed to be accepted 'or" not proposed to be accepted' level.
(5) The outcome of the interview shall be presented by the Commission together with a brief overall evaluation, its justification and the written statement of the representative of the Judicial Academy to the Regional Prosecutor.
(6) Candidates evaluated at the level of the admission interview "shall not be proposed to be accepted by the Regional Prosecutor" shall be excluded from the selection procedure. The Regional Prosecutor shall send the applicant a written notice of withdrawal from the selection procedure.
_
(1) The applicant shall be recruited by the competent regional prosecutor in waiting practice, taking into account the results of the previous stages of the selection procedure and the comments of the representative of the Judicial Academy during the interview; where the tenderer is admitted, it shall also determine the place of performance of the waiting experience.
(2) The Regional Prosecutor shall send the tenderer a written notice of acceptance or non-acceptance into the waiting practice. Where the sole reason for not accepting a candidate is a lack of vacancy, this shall be indicated in the written notice of non-acceptance into the waiting practice. In the event that the tenderer is not admitted to the waiting practice, the application and attached documents shall be returned to the tenderer together with the non-receipt notice. The data on the tenderer shall be retained for a period of 3 years from receipt of the application.
(3) The Regional Prosecutor will send the Ministry and the Judicial Academy without undue delay a list of the successful candidates who have been recruited for the preparatory service.
_
(1) The course of the waiting practice shall be governed by a waiting practice plan drawn up by the Regional Prosecutor after consultation with the Advisory Council for the Education of Waiting Persons (the Advisory Council).
(2) The plan of waiting practice must be aimed at training the candidate for the performance of the duties of the public prosecutor in particular to:
(a) deepening of the candidate's expertise on both substantive and procedural law;
(b) developing the candidate's ability to apply legislation in a particular case;
(c) the acquisition of knowledge and the execution of individual agendas conducted by the public prosecutor;
(d) the adoption of the procedural procedures and habits necessary for the performance of the office of public prosecutor;
(e) familiarisation with the ethical principles relating to the performance of the office of public prosecutor.
(1) The waiting practice is mainly carried out at the District Prosecutor's Office and Regional Prosecutor's Office.
(2) On the basis of an agreement with the waiter4) and with the competent authorities or persons, part of the waiting practice may be carried out in accordance with the waiting practice plan with the Chief Prosecutor's Office and the Supreme Prosecutor's Office, or even with the lawyer, notary, court executive, criminal police services and investigations of the Police of the Czech Republic, the Financial or Catastrophe Office or any other administrative office.
(3) In accordance with the waiting practice plan, the candidate shall carry out the waiting practice gradually for at least 24 months with the District Attorney's Office, for 6 months with the Regional Prosecutor's Office and for a maximum of 6 months with other authorities or persons as appropriate. The Regional Prosecutor may, as necessary, extend or shorten the duration of the waiting experience with the Regional Prosecutor's Office, but not by more than 2 months. The minimum duration of waiting experience with the District Attorney's Office shall not be affected by this measure.
(4) In the event of netting the period of the previous exercise of the legal activity, the period of performance of the waiting practice shall be adjusted proportionately to reduce the total period of the waiting practice.
(5) The waiting experience includes adaptation courses, seminars and lectures, organised by the Judicial Academy, and concentration and exercises, organised by the Regional Councils. The adaptation course is aimed at familiarising the candidate with the course of waiting practice and with the basic legislation governing the activities of the public prosecutor. The adaptation course takes place in the first 6 months of waiting practice.
Advisory Board
(1) The course of waiting practice shall be coordinated and supervised by the Advisory Board in cooperation with the Judicial Academy.
(2) The Advisory Board is the advisory body of the Regional Prosecutor; is composed of 3 to 5 members appointed and dismissed by the Regional Prosecutor from the prosecutors working in the District of the Regional Prosecutor for a period of 3 years. The appointment of a member of the Advisory Board shall require the consent of the person to be appointed.
(3) After the end of the first and second years of waiting practice, the Advisory Board shall draw up a draft evaluation of the candidate. At the end of the waiting experience, the Advisory Board shall prepare a draft final evaluation of the candidate. The draft final evaluation shall be attached to the applicant's application for authorisation to perform the final examination.
(4) The Advisory Board recommends the candidates for foreign study visits organised by the Judicial Academy.
Traders
(1) The course of waiting practice and its level are provided by the training and pedagogical bodies designated by the trainers. The trainers also lead the candidates to adopt the principles of professional ethics.
(2) The trainers are appointed and dismissed by the Regional Prosecutor from the most experienced prosecutors who are qualified to raise candidates under the waiting practice plan. For the part of the waiting experience carried out in accordance with Article 7 (2), the appointment of the trainer shall be part of the agreement with the competent authority or person.
(3) Appropriate conditions for working with candidates are established by the district prosecutors in cooperation with district prosecutors.
(4) The trainer records on the waiting list information on the place of performance of the waiting experience, its time and in-kind course, the evaluation of the candidate, the obstacles to work and the waived absence of work. The candidate's personal certificate is issued by the district attorney. The waiting list shall be kept as part of the personal file.
Waiting
(1) The candidate shall follow the instructions of the Chief Prosecutor and the designated trainer, perform the tasks assigned to him under the conditions and to the extent laid down by law and other legislation5), participate in educational actions identified by the waiting practice plan and complement and deepen his expertise through a separate study.
(2) The candidate is entitled to express himself in writing on the records in his personal record and on the content and quality of the educational actions organised in the framework of the waiting practice. The President's statement is part of the personal certificate.
FINAL TEST
(1) From among the members of the Test Committee6), the Minister of Justice shall appoint and dismiss its President. The chair of the Examination Committee shall be a prosecutor.
(2) The Chairman of the Examination Board shall direct the course of the final examination and ensure its professional level.
(3) The panel shall be quorum in the presence of all its members and shall act by an absolute majority.
(4) The final test is public.
(1) In the written part of the final examination, the applicant shall draw up an indictment, other decision or application in a criminal case, or an application or other document in a civil case in which he is entitled to serve as a prosecutor and an appeal against a decision of the Court of First Instance.
(2) The candidate must draw up the decision separately. Only the legal information system provided by the Ministry may be used as an aid by the candidate during the written part of the final examination. Infringement of the duty to work alone or the use of illicit equipment is a reason to exclude the candidate from the final examination; the exclusion shall be decided by the examination committee.
(3) The candidate draws from the pre-determined assignments the task which is the subject of the written part of the final examination.
(4) The duration of the written part of the final test must not exceed 6 hours. After this period, the candidate is obliged to submit his written work to the supervisor, even if it is not completed.
(1) At the beginning of the oral part of the final examination, the chair of the examination committee shall evaluate the written part of the final examination of the candidate.
(2) In the oral part of the final exam, the knowledge of the candidate is determined
(a) constitutional law;
(b) civil law, substantive and procedural;
(c) labour and social security law;
(d) family law;
(e) criminal law, substantive and procedural;
(f) commercial law,
(g) administrative justice and substantive and procedural administrative law;
(h) financial law;
(i) the notarial order and the enforcement order;
(j) the rules of procedure of the courts and prosecutors, their internal and office regulations and the organisation of courts and prosecutors.
(3) In the oral part of the final examination, the candidate shall also be given basic knowledge of European Union law and orientation in the fundamental sources of international law.
(4) The oral part of the final examination shall also take into account the overall orientation of the candidate in the legal order and in the office order of the prosecutor, the ability of the candidate to apply correctly and interpret the legislation as well as his verbal expression.
(5) In the oral part of the final examination, the candidate may use collections of laws, regulations, judicial or other decisions and journal or book legal literature only with the agreement of the Chairman of the Examination Committee.
(6) The Ministry is issuing a list of the rules for which knowledge is required for the oral part of the final examination, with a distinction between those for which knowledge is required for detailed and those for which knowledge is sufficient.
(7) The duration of the oral part of the final examination of each candidate must not exceed 2 hours.
(1) The result of the final test shall be assessed in the degrees "excellently qualified," "eligible" and "ineligible." The evaluation shall be decided by the Examination Board at a private meeting by voting. The vote shall first be taken on whether the candidate is eligible or ineligible, for those who have been recognised as eligible, then on the assessment of "excellent eligibility '. The decision of the Examination Committee shall be final.
(2) A candidate who has refused to carry out the final examination shall always be considered unfit, has resigned from the final examination without serious reasons, or has been expelled during the written part of the final examination, or has not appeared without a timely and reasonable explanation for the professional examination. An apology shall be considered timely if the examination committee has been notified in writing not later than 5 days after the technical examination.
(3) The outcome of the final examination shall be notified by the chairman of the examination committee to the candidate immediately after the conclusion of the consultation referred to in paragraph 1. The Ministry shall send the candidate a certificate of successful completion of the final examination.
(4) A report shall be drawn up by the chairman of the examination committee within 1 week of the end of the oral examination, signed by all members of the examination committee; the report shall be forwarded by the Chairman of the Examination Board to the Ministry within 3 days of its completion.
(5) Data on the conduct of the final test shall be kept for 3 years.
When assessing the final test, the "ineligible 'test panel shall also determine whether and to what extent the candidate is obliged to repeat the final test.
TRANSITIONAL AND FINAL PROVISIONS
The selection procedures announced before the date of entry into force of this Order shall be completed in accordance with Decree No. 303 / 2002 Coll., on the selection, acceptance and training of judicial and legal candidates and on the professional judicial examination and the professional final examination of legal candidates, as effective before the date of entry into force of this Order.
Efficacy
This Decision shall enter into force on 1 January 2018.
Minister:
JUDr. Pelican, Ph.D., v. r.
1) § 13d (g) of Act No. 283 / 1993 Coll.
2) Articles 17 (1) and 33 (4) of Act No. 283 / 1993 Coll. Article III (1) of Act No. 14 / 2002 Coll., amending Act No. 283 / 1993 Coll., on the Public Prosecutor's Office, as amended, and Act No. 201 / 1997 Coll., on the salary and certain other requirements of the Public Prosecutor's Office, and amending and supplementing Act No. 143 / 1992 Coll., on the salary and remuneration of on-call in budgetary and other organisations and bodies, as amended, as amended by Act No. 155 / 2000 Coll.
3) Act No. 451 / 1991 Coll., laying down certain other conditions for the performance of certain functions in state bodies and organisations of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic, as amended.
4) § 43a of Act No. 262 / 2006 Coll., Labour Code, as amended.
5) Paragraph 33 (7) of Act No. 283 / 1993 Coll. 11 of 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 the legal candidates, as amended.
6) § 34 (2) of Act No. 283 / 1993 Coll.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 383 / 2017 Coll., on the selection, acceptance and waiting practice of legal candidates and on the final exam |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0