Decree No. 7 / 2010 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 14.01.2010
7
DECLARATION
of 31 December 2009
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.:
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. and Decree No. 252 / 2007 Coll., are amended as follows:
1.
In order to carry out the tasks of the Public Prosecutor's Office set up within the scope of his or her branch, the Head of the Public Prosecutor's Office responsible shall provide for a range of matters to be dealt with in such branches. The measures shall be published in a manner that allows remote access. ';
2. In Article 7c (1), the words "which exercise the jurisdiction of the District Prosecutor in the district of Havířov and Orlová 'are deleted.
3. Paragraph 8 (2) and (3) are deleted and paragraph 1 is deleted.
4. In Article 10 (1), the words "Police of the Czech Republic 2) 'are replaced by the words" Police of the Czech Republic, Military Police and Military Intelligence 2)';
5. In Article 10 (5), the words ", a member of the Military Police, a member of the Military Intelligence" shall be inserted after the words "Police of the Czech Republic."
6. in Article 11 (e):
"(e) a decision on the amount of remuneration and reimbursement of expenses incurred by the lawyer and appointed agent;"
7. in Article 11, the following points (f) to (k) are inserted after point (e):
"(f) the decision on the witness, expert and interpreter,
(g) preparation of supporting documents for decisions on suspension or rectification;
(h) processing of a draft written copy of the decision on suspension or settlement;
(i) writing of submissions to the public prosecutor, including proposals;
(j) the preparation of the documents for the decision on the certificate of the accused in the probationary period provided for in the decision on the suspension of his or her criminal prosecution, including those for the decision on the continuation of the prosecution of the defendant, which has not been certified in the prescribed trial period, and the processing of a draft of such decisions in writing;
(k) the preparation of the documents for the decision on the suspension of the application for punishment and the certificate of the suspect in the probationary period, including those for the issue of an order for the initiation of a criminal prosecution of a suspect who has not proved himself during a specified trial period, and the processing of a draft of a written copy of those decisions and orders, ';
Points (f) to (k) shall be renumbered as points (l) to (q).
8. in Article 15 (1) (a) and (b), "100" is replaced by "150."
9. In Paragraph 15 (1) (c), "50 'is replaced by" 150'.
10. in Article 15 (1) (d) and (e), including footnote 3e:
"(d) in accordance with the title of the fifth or sixth special part of the Criminal Code, where they have been committed for the benefit of an organised criminal group (3e), as well as offences of abuse of the authority of an official under Section 329 of the Criminal Code or offences of acceptance of bribery, bribery or indirect bribery under Section 331 to 333 of the Criminal Code, where they have been committed in connection with the detection or investigation of offences under Title 5 or Section 6 of the Criminal Code;
(e) affecting the financial or economic interests of the European Union, if they have caused damage of at least CZK 150 million,
3e) § 129 of Act No. 40 / 2009 Coll., Criminal Code, as amended by Act No. 306 / 2009 Coll. '.
11. in Article 15 (1), the following point (f) is added:
"(f) committed against a single European currency for the benefit of organised criminal group3e), a member of an organised group3f), a significant or large range of 3g), or a criminal proceedings against a single European currency by a police authority carrying out the tasks of a special central office pursuant to Article 12 of the International Convention on the Prevention of Money Casset3h).
3f) § 233 (3) (a) and (4) (a) of the Criminal Code.
3g) Paragraph 233 (3) (b) and paragraph 4 (b) of the Criminal Code.
3h) Convention on the Defeat of Money Cassette, published under No. 15 / 1932 Coll. '
Footnotes 3f and 3g are referred to as footnotes 3i and 3j, including the footnotes.
12. in Article 15 (4) (a) and (b):
"(a) referred to in paragraph 1 (a) to (c) and (e), even if they have caused damage of less than CZK 150 million, or
b) if damage occurs on the property of another subject at least CZK 150 million. "
13. Part Three, including the title and footnote 5d, reads:
REPRESENTATION OF THE MOST HIGH STATE REPRESENTATIVE IN THE PROCEDURE BEFORE THE COURT OF JUSTICE
The Prosecutor-General may entrust the Prosecutor-General of the Supreme Prosecutor or of the Prosecutor-General who is present in the court hearing his application to initiate proceedings with the appellants before the Court of Justice (5d).
5d) Sections 62 and 62a of the Family Act. Paragraph 66 (2) of the Administrative Code. '
Transitional provision
In the cases referred to in § 15 (1) and (4) of Decree No. 23 / 1994 Coll., as effective until the date of entry into force of this Order, in which the proceedings of the High Prosecutor's Office take place on the date of application of this Order, the proceedings shall be completed in accordance with the existing legislation.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
JUDr. Kovářová v. r.
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Regulation Information
| Citation | Decree No. 7 / 2010 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 acts carried out by legal candidates, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.01.2010 |
|---|---|
| Effective from | 14.01.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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