Decree No. 462 / 2011 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
Order
Effective from 01.01.2012
Text versions:
01.01.2012
30.12.2011
462
DECLARATION
of 22 December 2011
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 actions 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. and Decree No. 7 / 2010 Coll., is amended as follows:
1. Paragraph 10, including the title and footnotes Nos 2 to 2e, reads as follows:
Jurisdiction of the prosecutors in criminal proceedings on criminal offences of members of the General Inspection of Security Councils and its staff, members of the Military Police and intelligence services
(1) In order to exercise the oversight of the legality of the preparatory procedure carried out by the General Inspectorate of Security (2) and to deal with cases in which the shortened preparatory procedure was conducted by the General Inspectorate of Security (2a), the competent prosecutor of the Regional Prosecutor is also responsible for cases where the Deputy Prosecutor of the Lower Prosecutor would otherwise have been responsible within his jurisdiction, unless otherwise specified. It shall also be responsible for representing the indictment and the application for punishment in proceedings before the courts in these cases, unless the case has been referred to a prosecutor who would otherwise have been responsible for 2b) and for deciding in dispute on jurisdiction to conduct acts before the start of criminal proceedings between the General Inspection of Security Councils and other police authorities 2c).
(2) In order to investigate criminal offences (2d) committed by members of the General Inspection of Security Councils, by members of the Security Information Service, by members of the Office for Foreign Relations and Information, by members of Military Intelligence, by members of the Military Police and by employees of the Czech Republic assigned to work in the General Inspection of Security Councils and by the shortened preparatory procedure for such criminal offences (2e), the competent Prosecutor of the District Prosecutor for Prague (1) is responsible. It shall also be responsible for representing the application for punishment which it has lodged in these cases, and in a court other than the court with which it operates, unless it has referred the case to the prosecutor who would otherwise be competent.
(3) In the cases referred to in paragraph 2, the Prosecutor of the Municipal Prosecutor's Office in Prague shall be responsible for representing the prosecution in proceedings and before a court other than the court in which he operates, unless he has handed the case over to the prosecutor who would otherwise be competent.
2) § 12 (2) (b), (i), § 161 (3), § 5 (a) of the Code of Criminal Procedure.
(2a) Paragraph 179a (2) of the Code of Criminal Procedure.
(2b) Paragraph 179 (1) of the Code of Criminal Procedure.
2c) § 158 (12) of the Criminal Code, as amended by Act No. 341 / 2011 Coll.
2d) § 161 paragraph 4, paragraph 5 (b) of the Code of Criminal Procedure, as amended by Act No. 341 / 2011 Coll.
2e) Paragraph 179a (3) of the Code of Criminal Procedure. '
2.
In cases where it is for an investigation or a shortened preparatory procedure to be carried out by a public prosecutor (Section 10 (2)), the supervision of the legality of the procedure before the prosecution procedure shall be exercised by a public prosecutor who would otherwise be competent to carry out an investigation or a shortened preparatory procedure where, on the basis of the facts established, that competence of the public prosecutor can be determined. If the fact that it is a criminal offence becomes apparent, only during the examination of the facts reasonably suggesting that an offence has been committed, the prosecutor who is supervising it at that time shall immediately forward the case to such a prosecutor. Paragraph 12 (3) shall apply mutatis mutandis. ';
Transitional provision
In order to decide which police authority is responsible for continuing the criminal proceedings conducted on 1 January 2012 by the Police Department of the Czech Republic on the offence of a customs officer, a member of the Prison Service of the Czech Republic, or an employee of the Czech Republic who was assigned to work in the Customs Administration of the Czech Republic, in the Prison Service of the Czech Republic or in the Police Department of the Czech Republic, the competent public prosecutor of the Regional Prosecutor is responsible for the supervision of criminal proceedings if the proceedings were conducted by the General Inspection of Security Corps.
Efficacy
This Decree shall take effect on 1 January 2012.
Minister:
JUDr. Pospíšil v. r.
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Regulation Information
| Citation | Decree No. 462 / 2011 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 the actions carried out by legal candidates, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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