Decree No. 468 / 2001 Coll.
Decree of the Ministry of Justice 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 acts carried out by legal candidates, as amended
Valid
Order
Effective from 01.01.2002
Text versions:
01.01.2002
31.12.2001
Zobrazeno prvních 200 z celkem 222 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
468
DECLARATION
Ministry of Justice
of 14 December 2001
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 pursuant to Section 40 of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended:
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 candidates, as amended by Decree No. 265 / 1997 Coll., Decree No. 218 / 1998 Coll., Decree No. 311 / 2000 Coll. and Decree No. 183 / 2001 Coll., are amended as follows:
1. paragraphs 1 and 2, including the headings and footnotes 1 to 1b, read:
"Performance of supervision in the public prosecutor's system
(1) The exercise of supervision focuses, in particular, on compliance with and application of legislation within the competence of the Public Prosecutor's Office and in the activities of the Public Prosecutor's Office, on compliance with the instructions of the High Prosecutor's Office and the Head of Public Prosecutor's Office, on the organisation and management of the work and on the execution of guidelines of a general nature of the Attorney General.
(2) Within the scope of supervision, the higher prosecutors shall in particular be entitled to:
(a) require special reports on the procedure of prosecutors in the performance of the duties of the Prosecutor's Office;
(b) require information on individual cases dealt with by the lower prosecutors;
(c) examine any case dealt with by the lower prosecutors and, to that end, require the lower prosecutors to submit all the documents supporting the handling of such a case, as well as the relevant observations and opinions, unless a specific rule for examining such a case provides for a different procedure in a binding manner, 1)
(d) carry out, at the lower prosecutor's office, checks on individual cases, checks on certain sections of the activities of the lower prosecutor's office or overall checks on the activities of the lower prosecutor's office;
(e) give instructions to the lower public prosecutor in the matters to be dealt with by the lower public prosecutor, 1a) and, in the cases provided for by law, withdraw the case from the lower public prosecutor and deal with it sama.1a)
(3) Where an initiative to exercise supervision is made with a public prosecutor, in the case of a material or locally incompetent prosecutor, the public prosecutor shall forward it without delay to the competent public prosecutor and inform the person responsible.
(4) In other contexts, the prosecutors do not examine the same content and do not notify the authorities of their acceptance. This must already be provided by the provider in the first complaint.
(1) In the exercise of supervision of the procedure of the immediately lower prosecutors, which is also supervised by nature, the higher prosecutors focus their attention only on assessing the level and effectiveness of such supervision. The legality of the procedure which was subject to the exercise of the original supervision may only be reviewed if a special law so provides. (1b)
(2) Where a complaint is served on the public prosecutor, in which an instance of malpractice or unlawful conduct in the exercise of supervision is objected, the public prosecutor closest to the public prosecutor shall refer the complaint to the immediately lower public prosecutor whose malpractice or malpractice in the exercise of supervision is objected to to the assessment of whether the additional content of the same complaint lodged after the instruction under Paragraph 1 (4). It shall inform the sender of the referral with explicit notice of the possible postponement of the complaint by the lower prosecutors without further notification. The lower Public Prosecutor's Office shall postpone the same complaint without informing the Provider; otherwise carry out supervision pursuant to Paragraph 1 (1). This is without prejudice to the authorisation of the High Prosecutor in justified cases to review the procedure of the immediately lower Prosecutor in the exercise of supervision.
(3) Other content-consistent initiatives in which malpractice or malpractice in the exercise of supervision is objected shall not be examined by the prosecutors and shall not communicate their acceptance. This must already be learned by the administration in the notification of the transfer of the first such initiative to the immediately lower public prosecutor for evaluation pursuant to § 2 (2).
1) Sections 173a and 174a of the Code of Criminal Procedure.
1a) § 10 of Act No. 283 / 1993 Coll., on the Prosecutor's Office.
(1b) For example, paragraphs 174a, 265d, 389a of the Code of Criminal Procedure. '
footnote 1 shall be renumbered footnote 1 (c), including the footnote references, and its current text shall be replaced by "Code of Criminal Procedure '.
2. Article 4 shall be deleted;
3. in Article 6 (2) (a), the "and" between the words "Liberec and Jablonica nad Nisou" shall be replaced by a comma and the words "Jablonci nad Nisou" shall be added after the words "and in Česká Lípa."
4. In Article 6 (2) (b), "and 'between the words" Liberec and Jablonica nad Nisou' shall be replaced by a comma, the comma after the words "Jablonci nad Nisou 'shall be deleted and the words" and in České Lípa shall be inserted instead.'
5. In Article 6 (2) (d), the "or" between the words "Liberec or Jablonica nad Nisou 'shall be replaced by a comma, the comma after the words" Jablonci nad Nisou' shall be deleted and the words "or in Česká Lípa shall be inserted instead. '
6. in Article 6 (2) (e), the "and" between the words "Liberec and Jablonica nad Nisou" shall be replaced by a comma, the comma after the words "Jablonci nad Nisou" shall be deleted and the words "and in České Lípa shall be inserted instead."
7. In Article 6 (2) (f), the words "and 'between the words" Liberec and Jablonica nad Nisou' shall be replaced by a comma and the words "Jablonci nad Nisou 'shall be added after the words" and in Česká Lípa'.
8.
Regional Prosecutor's Office in Ostrava - Branch Office in Olomouc
(1) A branch of the Regional Prosecutor's Office in Olomouc is established in Ostrava.
(2) Regional Prosecutor's Office in Ostrava - Branch Office in Olomouc
(a) decide on appeals against decisions of the District Attorney's Office in Olomouc, Šumperk, Přerov and Jeseník in criminal proceedings, with the exception of decisions in cases accused of offences committed by infringements of the regulations of road, rail, air and navigation and in matters relating to foreign nationals;
(b) decide on appeals against decisions of the District Attorney's Office in the District of the District Prosecutor's Office in Ostrava in the preparatory proceedings in the case of minors;
(c) conduct criminal proceedings in the first instance, where local jurisdiction is given to the districts of the Prosecutor's Office in Olomouc, Šumperk, Přerov, Jeseník and Vsetín in criminal proceedings, except in the case of minors, cases accused of offences committed by road, rail, navigation and foreign nationals;
(d) decide on the commandment of a criminal case to another public prosecutor of the same degree, if the case is dismissed under special rule 1c) the leading prosecutors in Olomouc, Šumperk, Přerov and Jeseník;
(e) disputes concerning jurisdiction in criminal matters between the District Councils of Olomouc, Šumperk, Přerov and Jeseník other than those withdrawn under paragraph 2 (a),
(f) take part in appeals proceedings in criminal matters decided by the Regional Court in Ostrava - a branch in Olomouc. "
9. Paragraph 10, including the title and footnotes 2) and 2a) shall read as follows:
Jurisdiction of the prosecutors in the investigation and in the short preparatory procedure on criminal offences of members of the Police of the Czech Republic and members of the Security Information Service
(1) In order to investigate the offences committed by members of the Police of the Czech Republic (2) and to shorten the preparatory procedure for these offences (2a), they are responsible for the area of jurisdiction of the Regional Prosecutor's Office and the District Prosecutor's Office in its jurisdiction
a) District Prosecutor's Office for Prague 1 for the District of the Municipal Prosecutor's Office in Prague,
b) District Prosecutor's Office Praha- East for Regional Prosecutor's District in Prague,
c) District Prosecutor's Office in České Budějovice for Regional Prosecutor's Office in České Budějovice,
d) District Attorney's Office of the City of the District of the Regional Prosecutor's Office in Pilsen,
e) District Prosecutor's Office in Ústí nad Labem and District Prosecutor's Office in Liberec for Regional Prosecutor's District in Ústí nad Labem,
f) District Prosecutor's Office in Hradec Kralove for Regional Prosecutor's District in Hradec Kralove,
(g) District Prosecutor's Office in Ostrava and District Prosecutor's Office in Olomouc for Regional Prosecutor's District in Ostrava,
h) District Prosecutor's Office Brno-Rural for the District of the Regional Prosecutor's Office in Brno.
(2) Where, in the district of the same district attorney's office, the jurisdiction of several district prosecutors is established in accordance with paragraph 1, their local jurisdiction shall be determined by the measure by the head of the district attorney's office.
(3) The investigation of offences committed by members of the Security Information Service (2) and the shortened preparatory procedure for such offences (2a) is held by the District Prosecutor's Office for Prague 1.
(4) Where, pursuant to paragraph 1, the jurisdiction of several prosecutors is given for investigation or for short-term preparatory proceedings, it shall be exercised by the prosecutors responsible for the investigation or for the short-term preparatory proceedings against the perpetrator of the most serious crime; otherwise the one which initiated the investigation or the shortened preparatory procedure earlier.
(5) The competent authority responsible for the exercise of the oversight of the maintenance of legality in the verification of the facts reasonably suggesting that an offence has been committed (§ 158 of the Code of Criminal Procedure) by a police authority in matters of suspicion of an offence committed by a member of the Police of the Czech Republic or a member of the Security Information Service is a public prosecutor who would otherwise be competent to conduct an investigation or a shortened preparatory procedure on that offence.
2) Paragraph 161 (3) and (4) of the Code of Criminal Procedure.
(2a) Paragraph 179a (3) of the Code of Criminal Procedure. '
10. In Article 11 (c), the words "including the drawing up of criminal notices' shall be inserted after the word" explanation '.
11. the following shall be added at the end of Paragraph 11 (j): "Territorial authorities and other persons obliged to provide explanations or to lend documents and documents to the public prosecutor in the exercise of his or her duties,."
12. Sections 12 and 13, including the title and footnotes No 3a) to 3d) read:
(1) In order to exercise supervision of the observance of the legality of criminal proceedings, the competent public prosecutor shall be assigned to a public prosecutor who is present in a court which would have been competent to take action after the prosecution has brought proceedings at first instance, unless otherwise provided for in that order. If the action relating to the pre-prosecution procedure cannot be carried out by a competent public prosecutor because of his urgency, he shall be carried out by a public prosecutor who shall, in such a case, inform the competent public prosecutor without undue delay and forward the case to him.
(2) Unless, in the light of the incompleteness of the facts, it is possible to determine the competence of a prosecutor to exercise the supervision of the maintenance of lawfulness in criminal proceedings at the time when a police authority has made a record of the opening of criminal proceedings, 3a) this record shall be transmitted to the prosecutor of the public prosecutor of the appropriate degree at the seat of the police authority or its organisational component. If it is a police authority with competence for the whole of the Czech Republic, it shall be delivered by the police authority to the Regional Prosecutor's Office at the headquarters of the police authority or its organisational body, with the person who did this.
(3) Unless otherwise provided for in this Order, a prosecutor to whom an alert has been received on the opening of criminal proceedings and which is not considered to be locally or factually competent shall take all measures which are not liable to delay, including the issuing of a decision by a prosecutor in accordance with the Code of Criminal Procedure, 3b) which falls within the competence of the Prosecutor and to which he is entitled, so as not to thwart the purpose of the criminal proceedings. Otherwise, the case shall be referred to the public prosecutor's office on a local and material basis. It shall at the same time inform the police authority which transmitted the record of the opening of criminal proceedings.
(1) In cases in which an investigation or a shortened preparatory procedure is to be conducted by a public prosecutor (Section 10), the supervision of the legality of the procedure before the prosecution is initiated 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.
(2) The procedure for resolving disputes between prosecutors concerning the jurisdiction of a prosecutor to investigate and the jurisdiction to exercise oversight over the maintenance of legality in preparatory criminal proceedings is governed by a separate law. (c)
(3) Unless it is without doubt possible to determine the competence of a prosecutor holding a reduced preparatory procedure, such proceedings shall be carried out by a prosecutor who has received a criminal complaint or other impetus to prosecution; in so doing, proceed with the greatest acceleration so that the shortened preparatory procedure can be completed within the period laid down in the Code of Criminal Procedure. 3d)
(3a) Paragraph 158 (3), first sentence, of the Code of Criminal Procedure.
(3b) Sections 158b to 158f of the Code of Criminal Procedure.
3c) § 8 (2) of Act No. 283 / 1993 Coll., on the Prosecutor's Office.
3d) § 179b (4), § 179f (2) (a) of the Code of Criminal Procedure. '
13. In Section 14, the words "to conduct criminal proceedings before the start of criminal prosecution and 'are deleted.
14. in Article 15 (1) and (3), the words "and to act before prosecution" shall be deleted;
15. In Paragraph 15 (1) (b), the following words are added at the end: "if damage was caused by them at least CZK 100 million,."
16. in Article 15 (1) (c), the words "or an interest in property" shall be inserted after the words "property."
17. in Article 15 (1) (d):
"(d) in accordance with the second or ninth parts of the criminal law, where they have been committed for the benefit of a criminal organisation, 3e) as well as offences of abuse of the authority of a public official pursuant to Article 158 of the criminal law or of bribery, the acceptance of bribery or indirect bribery pursuant to Article 160 to 162 of the criminal law, where they have been committed in connection with the detection or investigation of criminal offences pursuant to Title II or Ninth Special Part of the Criminal Act;";
18. In the last sentence of Article 15 (3), "until 'is replaced by a comma.
19. footnote 3a) to 3c) shall be renumbered as footnote 3e) to 3g), including the footnote references.
20. The heading "Acts in criminal proceedings' is inserted above Section 17.
21. The heading of Section 17 "Public prosecutor's procedure before prosecution" shall be replaced by the heading "Acceptance of criminal notifications."
22. footnote 4) reads as follows:
"(4) § 158 (2), § 59 (2) to (4), § 163 (2), § 163a of the Code of Criminal Procedure."
23. In Article 17 (2), the following sentence is added: "However, if urgent or unreproducible acts are to be carried out, the prosecutor shall ensure that they are carried out immediately before the case is referred to the competent public prosecutor, unless he is able to do so by the competent public prosecutor. Paragraph 12 (3) of the first sentence shall apply mutatis mutandis. '
24. In the second sentence of Paragraph 18 (1), the words "investigator 'are replaced by the words" police authority'.
25. in Paragraph 18 (2), the word "investigator" shall be replaced by "police authority."
26. after Paragraph 18, the following Section 18a is inserted:
State Prosecutor's Procedure for the use of operational means of search
(1) The prosecutors responsible for criminal proceedings in the use of operational means of search (Sections 158b to 158f of the Code of Criminal Procedure) are obliged to take all measures to avoid disclosure of information on the measures taken to unauthorised persons and thus to prevent the purpose of criminal proceedings or the risk of a person being undermined.
(2) In order to apply for the use of an agent (§ 158e (4) of the Code of Criminal Procedure), the public prosecutor of the Attorney General is responsible for carrying out supervision of the case. If such a public prosecutor cannot be designated, the competent public prosecutor of the Attorney General's office shall be the police authority which has submitted the application for the use of the agent. This prosecutor is also responsible for all acts carried out by the Prosecutor's agent under the Criminal Code (§ 158e (7) of the Criminal Code). The competence of a prosecutor to exercise supervision of the maintenance of legality in preparatory proceedings in the criminal case in which the agent is used remains unaffected by this provision.
(3) The use of reporting agents under specific legislation (4a) is not covered by the provisions of this Decree.
4a) For example § 7 et seq. of Act No. 154 / 1994 Coll., on the Security Information Service. '.
27. in Paragraph 19 (3), including footnote (4b):
"(3) The instructions of the State Prosecutor to the police authority for a resolution against which a complaint is admissible shall always be included in the original of the investigation file. The other guidelines shall be set out in the original of the examination file, if the prosecutor so provides.
4b) § 146 (2) (a) of the Code of Criminal Procedure. '
28. In Article 19 (4), the words "the investigator or 'are deleted.
29. Paragraph 20, including the title, reads:
Decision on detention
(1) Communication of the facts which the prosecutor is required to disclose to the prison (§ 70a of the Code of Criminal Procedure) will normally be delivered by the prosecutor to the prison on the same day as he made such a decision or measure. It shall always do so if it is a decision on the continuation of the detention or the release of the accused.
(2) In addition to the facts referred to in paragraph 1, the prosecutor shall also inform the prison of the time when the decision by which he has decided to continue the detention of the defendant has taken place. ';
30. After Paragraph 20, the following Section 20a is inserted:
Application to restrict the defendant in the execution of a prison sentence
If, in the preparatory proceedings, the defendant is to be restricted in the execution of a prison sentence (§ 74a of the Code of Criminal Procedure), the prosecutor shall immediately submit a reasoned motion to the court for such a restriction. In particular, the application shall contain specific details of the type and nature of the restriction and shall be justified by the facts arising from the content of the file material which the prosecutor shall simultaneously attach to the application. ';
31. in Article 21, the word "investigator" shall be replaced by "police authority" and the words "superior investigative component" shall be replaced by "superior police authority."
32. Paragraph 22, including the title, reads:
Decision on the commandment of a case to another person working in a police authority
The orders of the case to another person serving in a police authority pursuant to Article 174 (2) (f) of the Code of Criminal Procedure shall be decided by the Prosecutor by a resolution which shall be served with a file to the competent Head of Police, with instructions to entrust the investigation to another person working in a police authority; a copy of the order shall be sent to the person to whom the case has been withdrawn. If the prosecutor withdraws the case from the police authority and takes measures to order another police authority [Paragraph 157 (2) (b) of the Code of Criminal Procedure], he shall proceed accordingly in accordance with the first sentence. '
33. In Article 24 (1), the word "investigation 'is replaced by" maintaining legality in preparatory proceedings'.
34. In the first sentence of Paragraph 24 (2), the word "investigation 'shall be replaced by" maintaining legality in preparatory proceedings'.
35. In the heading of section 3, "availability 'is replaced by" on-call (availability)'.
36. in Paragraph 27 (1), including footnotes (5a) to (5c):
"(1) In the absence of working time, at least one district attorney and district attorney must be secured (attainability) in such a way that, if necessary, the prosecutor can, within 48 hours of the defendant being detained, file a motion to take the defendant to custody of the defendant (5b) or a motion to punish a suspect who has not been released by the prosecutor, but who will hand him over to the court, together with a motion for punishment, or decide to start criminal prosecution in order to bring a motion to the court for the arrest of the defendant. 5c) In justified cases, a decision shall be taken by the Attorney General or the Attorney General or the Prosecutor General. (a) at least one employee of the professional administrative apparatus in the Prosecutor's Office; such an alert for a staff member of a professional administration agency in the Public Prosecutor's Office does not need to be secured where the public prosecutor, to whom an emergency (availability) has been ordered, expressly declares that he / she will arrange for action during the on-call (availability).
(5a) Sections 95 and 83 (5) of the Labour Code.
(b) Paragraph 68 (1) of the Code of Criminal Procedure.
5c) § 179e of the Code of Criminal Procedure. '.
37. In Paragraph 27, the following paragraph 3 is inserted after paragraph 2:
"(3) In the context of the on-call period (availability), the Prosecutor is also required to ensure that the duties of the Prosecutor are carried out in connection with investigations and shortened preparatory proceedings in criminal matters involving members of the Police of the Czech Republic and members of the Security Information Service (Section 10); to this end, prosecutors included in the availability are obliged to provide effective assistance. If such an action is carried out by a public prosecutor other than the public prosecutor responsible for the criminal proceedings of members of the Police of the Czech Republic and members of the Security Information Service, he shall immediately refer the matter to the competent public prosecutor for further proceedings, both in substance and locally. 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. ';
Paragraph 3 shall become paragraph 4. In paragraph 4, "availability 'is replaced by" on-call (availability)'.
38. In Paragraph 28, the following paragraph 1 is added:
"(1) The Head of Public Prosecutor shall notify the competent court and the Permanent Service of the relevant Directorate of the Police of the Czech Republic in the District of the Prosecutor's Office of the place (address) where the designated Prosecutor will be present during the on-call (availability) and the telephone number of the relevant station. Documents addressed to the Public Prosecutor's Office shall be delivered during the on-call period (availability) to the office of the Public Prosecutor's Office unless the Head of the Public Prosecutor's Office and the Director of the Police Department or of the Public Prosecutor's Office which provides the on-call (availability) agree with the competent police authority another method of delivery of documents addressed to the Public Prosecutor's Office.
The current text becomes paragraph 2.
39. In Paragraph 29, the following paragraph 1 is added:
"(1) The High Prosecutor may entrust the Regional Prosecutor's Office, in whose district one of the participants is staying, against whom the proposal is directed under § 62 or § 62a of the Family Act, to carry out the necessary investigation and to collect the documents necessary to decide on the proposal. In such a case, the Attorney General shall always define the scope of the investigation which he entrusts to carry out in a particular case. '
The current text becomes paragraph 2.
40. in Article 30 (1), the legislative abbreviation "(hereinafter referred to as the complaint)" shall be deleted;
41. In Paragraph 30 (1), the following is replaced by a comma at the end of the period: "unless otherwise specified."
42. In Section 31, the following heading is inserted: "Incentive complaint for infringement '.
43. In the first sentence of Paragraph 31 (1), the words "to file a complaint for infringement of the law" shall be inserted after the word "initiative."
44. in Paragraph 31 (2), at the beginning of the sentence, the word "such" shall be inserted after the words "whether the application is made."
45. in Article 31, the following paragraph 3 is added:
"(3) If a document of the defendant, marked as a complaint for infringement of the law, is delivered to the public prosecutor and is brought to the attention of the appellants, 7a) against such a decision, the prosecutor shall instruct the appellant of the possibility of challenging the decision by appeal and at the same time inform him that it is not further addressed by the application.
7a) Sections 265a, 265b and 265e of the Code of Criminal Procedure. '
46. Paragraph 32, including the title, reads:
"Procedure for taking initiatives to file a complaint for infringement
(1) The Public Prosecutor shall inform the sender of the receipt of the complaint for the infringement complaint addressed to him or referred to him or her by an authority which is not competent and shall at the same time inform the sender that it will be notified in writing by the Ministry of Justice of its handling. It does not send notifications under the previous sentence of the Public Prosecutor's Office, if the Ministry of Justice or the Public Prosecutor, to whom the complaint has been addressed, which is not responsible for its execution.
(2) In the case of criminal proceedings concerning an application for renewal of proceedings or proceedings concerning a constitutional complaint, or an appeal has been brought against the defendant concerned by the complaint, the prosecutor shall refer the complaint without further proceedings to the Ministry of Justice and the sender shall inform the Ministry of Justice thereof. ';
47. In the first sentence of Paragraph 33, the words "to lodge a complaint for infringement 'are inserted after the word" complaint'.
48. In the first sentence of Paragraph 33, the words' which cannot be verified 'are replaced by' which cannot be decided '.
49. In Paragraph 33, the second sentence is: "At the same time, it shall assess whether there are grounds for examining the case only after a criminal complaint has been lodged. '
50. The heading of the third section reads: "Procedure for the adoption and examination of the grounds for the complaint for infringement '.
51. In the first sentence of Paragraph 39, the words "to lodge a complaint for infringement 'shall be inserted after the words" initiatives'.
52. In Paragraph 39, at the end of the first sentence, the words "issued a binding legal opinion on the matter 'are replaced by the words" supervised or investigated or shortened preparatory proceedings'.
53.
The Prosecutor's Office shall examine the lawfulness of the entire decision and of the proceedings before it in relation to the person for whose benefit or disadvantage the complaint has been lodged on the basis of an complaint for infringement of the law. In respect of other persons, the review procedure shall be carried out within the meaning of Articles 266 (3) and 267 (5) of the Criminal Code, to the extent set out in the last sentence of Article 269 (2) of the Criminal Code. ';
54. In the first sentence of Paragraph 42, the words "to file a complaint for infringement 'shall be inserted after the words" which grounds of the complaint'.
55. in Paragraph 43 (1), the words "investigation of the complaint" are replaced by the words "review of the case."
56. In Paragraph 43 (1), at the end, the word "filing 'is replaced by" complaint for infringement'.
57. in Paragraph 43 (2):
"(2) If, by examining the file material, the grounds for filing a complaint for infringement are found, the Prosecutor's Office shall draw up a complaint for infringement, which it shall submit to the Minister of Justice for a decision. This is not the case if they find that the application is possible. 7a) '.
58. In Article 43 (3), the words "complaint for infringement of the law" shall be inserted after the words "attached."
59. In Article 45 (1), the words "to lodge a complaint for infringement 'shall be inserted after the word" initiative'.
60. In Paragraph 45 (1), the words "examined on the basis of another initiative 'are replaced by the words" following an initiative in the same case, unless it contains new facts'.
61. in Article 45 (2), the words "to lodge a complaint for infringement" shall be inserted after the word "initiative."
62. In Paragraph 45 (2), the words "not sending notifications' are replaced by" not communicating to the consignor '.
63. After Section Five in Title Two, the following Section 6 is inserted:
Review of criminal matters by the Prosecutor's Office
(1) The Public Prosecutor may, on his own initiative or at the initiative of another Public Prosecutor, examine a criminal case in which doubts arise as to the lawfulness of the final decision of the court or prosecutor or the proceedings before him, to the extent set out in Paragraph 40, without the restriction laid down in his second sentence, unless the special rule provides otherwise.
(2) The competence of the Prosecutor's Office to deal with an complaint (Section 43 of the Rules of Procedure) is governed by the provisions of Section 389a of the Criminal Code. This provision shall be applied mutatis mutandis in order to determine jurisdiction in the proceedings relating to the state's own proposal for a complaint against infringement of the law; the higher prosecutors may carry out, on their own initiative, review proceedings in cases where the lower prosecutors are otherwise responsible for the review proceedings.
(3) If the prosecutor finds that there is a complaint for infringement of the law, he shall draw up an outline of that complaint, which he shall submit to the Minister of Justice for a decision, acting in accordance with Paragraph 43 (2) (3) accordingly; otherwise it shall postpone the knowledge. ';
(4) If the Prosecutor finds that, in a criminal case in which doubts arise as to the lawfulness of a final decision of the court or of a public prosecutor or proceedings before him or before him, the filing of an appeal shall be considered, 7a) in accordance with paragraph 3 of the sentence shall not proceed before the semicolon. '.
64. Part Six, including the title, reads:
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Ministry of Justice No. 468 / 2001 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 acts carried out by legal candidates, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0