Decree No. 4 / 2014 Coll.
Decree amending Decree No. 23 / 1994 of the Ministry of Justice 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
Valid
Effective from 24.01.2014
4
DECLARATION
of 2 January 2014
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
The Ministry of Justice provides for the Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 14 / 2002 Coll., Act No. 192 / 2003 Coll. and Act No. 79 / 2006 Coll.:
Amendment of the Rules of Procedure of the Prosecutor
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 practitioners, as amended by Decree No. 265 / 1997 Coll., Decree No. 218 / 1998 Coll., Decree No. 311 / 2000 Coll., Decree No. 183 / 2001 Coll., Decree No. 468 / 2001 Coll., Decree No. 88 / 2005 Coll., Decree No. 252 / 2007 Coll., Decree No. 7 / 2010 Coll., and Decree No. 462 / 2011 Coll., are amended as follows:
1. In Article 10 (2), the words "Regional Prosecutor's Office for Prague 1 'are replaced by the words" Regional Prosecutor's Office, whose jurisdiction shall be determined in accordance with Articles 12, 14 and 16'.
2. In Article 10 (3), the words "Municipal Prosecutor's Office in Prague 'are replaced by the words" Chief Prosecutor's Office'.
3. In Article 15, the following paragraph 2 is inserted after paragraph 1:
"(2) In order to exercise the supervision of the maintenance of legality in preparatory proceedings in the case of fellowship offences pursuant to Section 214 of the Criminal Code, the malpractice holding in accordance with Section 215 of the Criminal Code, the legalisation of the proceeds of crime under Section 216 of the Criminal Code and the legalisation of the proceeds of malpractice under Section 217 of the Criminal Code, the competent public prosecutor of the Attorney General's Office, in whose area there is a lower prosecutor's office, which would otherwise have jurisdiction in the matter if the source criminal offence is one of the offences referred to in paragraph 1. ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
4. in Article 15 (3), the words "paragraph 1 'are replaced by the words" paragraphs 1 and 2' and the words "and to act before prosecution 'are deleted;
5. In Paragraph 15, the sentence "If the case is excluded from the joint proceedings and in such a case the jurisdiction of the Attorney General is not given in accordance with paragraph 1 or 2, the Attorney General may, with the prior agreement of the Attorney General, decide that he is competent to supervise the legality of the preparatory proceedings as well as in this case, otherwise the matter must be referred without delay to the public prosecutor in a material and local manner. '
6. In Article 15 (4), "paragraphs 1 and 2 'are replaced by" paragraphs 1 to 3';
7. Paragraph 20 (2) is deleted and paragraph 1 is deleted.
8. Paragraph 27 (3) reads:
"(3) The Public Prosecutor is also obliged to ensure, in the context of the on-call (availability), the performance of the public prosecutor's tasks in connection with the preparatory management of the General Inspection of Security Councils or in connection with investigations and the shortened preparatory management of criminal offences involving members of the General Inspection of Security Councils, members of the Security Service, members of the Office of Foreign Relations and Information, members of the Military Intelligence Service, members of the Military Police and of the staff of the Czech Republic for the performance of their work in the General Inspection of Security Councils (§ 10); to this end, prosecutors included in the availability are obliged to provide effective assistance. If such an act is carried out by a public prosecutor other than the public prosecutor responsible for the supervision of the legality of the proceedings in preparation for the General Inspection of Security Councils or for criminal proceedings of members of the General Inspection of Security Councils, members of the Security Information Service, members of the Office for Foreign Relations and Information, members of the Military Intelligence Service, members of the Military Police and of the staff of the Czech Republic assigned to work in the General Inspection of Security Councils, they shall immediately refer the matter to the Office for further management, both in substance and in the local authority. The same copy of the decision or proposal or of any other measure taken by such a public prosecutor in this case shall be sent at the same time to the public prosecutor responsible for carrying out supervision in these matters. ';
9. Paragraph 46 (1) and (2) reads as follows:
"(1) On its own initiative or at the initiative of the District Attorney, the Prosecutor's Office may, on the initiative of the District Attorney's Office, examine a criminal case in which doubts arise as to the legality of the final decision of the court or prosecutor or the proceedings before him, to the extent of Paragraph 40, without the restriction laid down in his second sentence, unless otherwise provided for in a special rule.
(2) The higher prosecutors may, on their own initiative, carry out review proceedings in cases where the lower prosecutors are otherwise responsible for the review proceedings. '
Transitional provision
In the cases referred to in § 10 (2) and (3) of Decree No. 23 / 1994 Coll., as effective until the entry into force of the Order, the proceedings shall be completed in accordance with the existing legislation.
Efficacy
This decree shall take effect on the 15th day following its publication.
Minister:
Mgr. Benešová v. r.
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Regulation Information
| Citation | Decree No. 4 / 2014 Coll., 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 public prosecutors and details of the actions carried out by legal candidates, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.01.2014 |
|---|---|
| Effective from | 24.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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