Act No. 83 / 2024 Coll.
Act amending Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended, Act No. 201 / 1997 Coll., on the salary and certain other formalities of prosecutors, as amended, and Act No. 7 / 2002 Coll., on proceedings in the case of judges, prosecutors and court executors, as amended
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Effective from 01.07.2024
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83
THE LAW
of 6 March 2024
amending Act No 283 / 1993 Coll., on the Prosecutor's Office, as amended, Act No 201 / 1997 Coll., on the salary and certain other formalities of prosecutors, as amended, and Act No 7 / 2002 Coll., on proceedings in the case of judges, prosecutors and court executors, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Public Prosecutor's Act
Act No. 203 / 1994 Coll., Act No. 201 / 1997 Coll., Act No. 169 / 1999 Coll., Act No. 11 / 2001 Coll., Act No. 14 / 2002 Coll., Act No. 151 / 2002 Coll., Act No. 74 / 2002 Coll., Act No. 110 / 2002 Coll., Act No. 122 / 2009 Coll., Act No. 121 / 2008 Coll., Act No. 129 / 2008 Coll., Act No. 314 / 2008 Coll., Act No. 7 / 2009 Coll., Act No. 218 / 2009 Coll.
1. In the first sentence of Paragraph 1 (2), the words "Public Prosecutor's Administration 'are replaced by the words" Public Prosecutor's Administration ("Public Prosecutor's Administration') '.
2. In Article 3 (2), the words "by this law or" shall be inserted after the word "established."
3. In Article 6 (1), the part of the sentence behind the semicolon, including the semicolon, is deleted.
4.
(1) The Government, acting on a proposal from the Minister of Justice for a term of office of 7 years, shall appoint the Supreme Prosecutor.
(2) The highest public prosecutor may be appointed by a person who, with his expertise, professional experience, human management skills and moral characteristics, gives assurance of the proper performance of the post of Attorney General.
(3) Legal practice of at least 10 years, of which at least 6 years as a prosecutor, shall be a prerequisite for appointment to the post of Attorney General.
(4) The Chief Prosecutor may not be appointed a person who has been ordered by a final decision in the context of the legal practice referred to in paragraph 3 to take disciplinary action if he has not been destroyed.
(5) No one may be appointed as the High Prosecutor more than once; the performance of a function which has ceased to exist under Paragraph 11 (4) (b) shall not be taken into account.
(6) The Government may, on a proposal from the Minister of Justice, withdraw the Attorney General from office if, due to a serious breach of its duties or to its grossly inappropriate conduct, it has substantially jeopardised the trust in the proper functioning of the Attorney General or the system of the Prosecutor General, in particular the trust in the legality of their action or in their impartiality or expertise, or in a material threat to the seriousness and dignity of the function of the Attorney General or the Prosecutor General.
(7) The Government shall publish an indication of the appeal of the Attorney General on the day on which it has decided to do so. "
5. The following Sections 9a and 9b are inserted after Section 9:
The provisions of the Administrative Rules on Administrative Procedure shall not apply to decisions of the Government on the appointment or removal of the Attorney General.
(1) An action under the Administrative Rules of Procedure against a decision of appeal is entitled only to be brought by the appellant.
(2) An action may be brought by the appellate High Prosecutor within 15 days of the date on which the decision of appeal was notified to him by the service of a written copy.
(3) The Supreme Administrative Court is responsible for hearing the action.
(4) The action cannot be given suspensive effect.
(5) The Supreme Administrative Court shall consider the action as a matter of priority and shall decide on it no later than 30 days after the date on which the action is brought is a simple defect which prevents the proceeding from proceeding. '.
6.
(1) The High, Regional or District Prosecutor shall be appointed by the Minister of Justice, acting on a proposal from the Head of the Prosecutor at the head of the High Prosecutor's Office, in whose district the Head of the Prosecutor is to be appointed or on a proposal from the High Prosecutor, for a term of office of 7 years.
(2) A public prosecutor who has successfully completed the selection procedure for the post of Head of Public Prosecutor and who, with his expertise, professional experience and moral characteristics, gives a guarantee of the proper performance of his duties may be appointed as the High, Regional or Regional Prosecutor.
(3) Appointment requirement
(a) the Attorney General shall be a public prosecutor of at least 6 years;
(b) the Regional Prosecutor shall be a public prosecutor of at least 4 years; and
(c) the district attorney shall be a public prosecutor of at least 2 years.
(4
(5) The Chief Prosecutor or Regional Prosecutor may perform the duties of Head of the Prosecutor for a maximum of 2 consecutive terms of office with the same Prosecutor.
(6) The High, Regional or District Prosecutor may be removed from office only by a decision given in a disciplinary procedure. "
7. The following Sections 10a to 10c are inserted after Section 10:
(1) An application for the appointment of a Head of Public Prosecutor pursuant to Article 10 may be made by the person referred to in Article 10 (1) only after the selection procedure has been carried out.
(2) The selection committee has five members, one of whom shall be appointed by the Minister of Justice and two of them shall be appointed by the Attorney General and the Head of the Prosecutor's Office at the head of the High Prosecutor's Office, in whose district the Head of the Prosecutor is to be appointed.
(3) The Minister of Justice will not comply with the proposal for the appointment of the Head of the Prosecutor if the proposed person does not fulfil the conditions for the proper performance of the post of Head of the Prosecutor; in such a case, the Minister of Justice shall inform the appellant and the person proposed for appointment in writing, stating the reasons therefor.
(1) The Deputy Prosecutor-General shall be appointed and dismissed by the Minister of Justice, acting on a proposal from the Deputy Prosecutor, of whom the Deputy Prosecutor is present.
(2) The Deputy Prosecutor-General may not be appointed a prosecutor to whom a disciplinary measure has been imposed by a final decision if it has not been destroyed.
(3) The Deputy Prosecutor-General may be appointed only as a Prosecutor who shall serve as Prosecutor for at least 4 years.
The District, Regional and Senior Public Prosecutor and Deputy Head of Public Prosecutor shall have completed the professional training programme of the Judicial Academy aimed at the management of the Prosecutor's Office, no later than 2 years after the date of appointment. ';
8.
(1) The Head of the Prosecutor or Deputy Prosecutor may renounce this post by giving written notice to the person who appointed him to that post; In this case, the post of Head of the Prosecutor or Deputy Head of the Prosecutor shall cease to be the end of the calendar month following the month in which the notice of surrender of office was delivered.
(2) The function of the Chief Prosecutor or Deputy Deputy Prosecutor shall also cease to be:
(a) the date of transfer to another public prosecutor;
(b) the date on which he became the European Chief Prosecutor, the European Prosecutor or the European Delegated Prosecutor; or
(c) the date on which his post as Prosecutor was terminated.
(3) The post of Head of Public Prosecutor shall also cease
(a) the expiry of his term of office; or
(b) the date on which the decision of the court of disciplinary action was brought to it by a disciplinary measure of appeal from the post of Head of Public Prosecutor.
(4) The function of the Attorney General shall also cease to exist.
(a) the date on which the Government of the Attorney General appealed; or
(b) the date on which the decision of the Supreme Administrative Court to revoke the decision of the Government to appeal the former Supreme Prosecutor becomes final.
(5) The post of Deputy Head of the Prosecutor shall also expire on the date on which he was appointed as Head of the Prosecutor.
(6) The renunciation of the post of Head of the Prosecutor or Deputy Head of the Prosecutor or the removal from that post shall not result in the termination of the post of Prosecutor. ';
9. In Article 12, the words "the Government shall submit this report to the Senate after discussion 'shall be added at the end of the text of paragraph 6.
10. In Article 12, the following paragraph 7 is added:
"(7) The Attorney General shall issue, after consultation with the senior and regional prosecutors and with the prior agreement of the Minister of Justice, rules on the career procedure of the prosecutors, rules on the procedure for the announcement of a selection procedure for the office of a prosecutor or a lead prosecutor, and rules on the conduct of the selection panel; These rules shall be binding on the prosecutors and members of the selection committee. ';
11.
(1) If the competent authority of the public prosecutor's administration finds circumstances suggesting that the public prosecutor or the head of the public prosecutor has committed a criminal offence, it shall submit an application for disciplinary action, unless the case can be dealt with in accordance with Paragraph 31; the application for the initiation of proceedings under the law governing the public prosecutor's proceedings shall also, if the circumstances established indicate that the public prosecutor is unfit to perform his duties under Section 26.
(2) The Minister of Justice may not, for the same proceedings, submit an application for disciplinary action pursuant to paragraph 1 and a proposal pursuant to Paragraph 9 (6). The final decision on the application to initiate disciplinary proceedings or on the application referred to in Article 9 (6) constitutes an obstacle to the case. '
footnote 6 is deleted, including the footnote reference.
12. in Paragraph 14, the following paragraph 5 is inserted after paragraph 4:
"(5) For the purposes of exercising the power to bring an action, or any other application to initiate proceedings, in accordance with the specific law of the Court of Justice, prosecutors and prosecutors shall be further entitled to carry out the necessary findings with the authorities and persons referred to in paragraphs 1 and 3, in particular may require the submission of documents and files, to consult them and to take copies and extracts thereof and to request the submission of the necessary explanations; the authorities and persons referred to in paragraphs 1 and 3 shall, at the request of the Prosecutor-General or the Prosecutor-General, provide the necessary synergies in the exercise of this authorisation. ';
Paragraph 5 shall become paragraph 6.
13. In the first sentence of Paragraph 14 (6), "4 'is replaced by" 5'.
14. in Article 16a (2), at the end of the first sentence, the words "the submission must be signed."
15. Paragraph 19 (6), including footnote 5g, is deleted.
16. in Paragraph 21 (1) (d), the words "to which the Prosecutor was appointed as Judge" shall be replaced by the words "in which the Prosecutor made a promise to the Judge or to whom he was appointed."
17. in Paragraph 21 (2) (c), the word 'found' is replaced by 'decided';
18.Paragraph 22 (1) reads as follows:
"(1) The Minister of Justice shall suspend the performance of the office of Prosecutor,
(a) has been appointed a judge of the Constitutional Court for the duration of his duties;
(b) if he has been a judge or assistant to a judge of an international court, an international criminal tribunal or a similar international judicial authority, or has been entrusted with a similar function in an international court, an international criminal tribunal or an equivalent international judicial authority, for the duration of that function; or
(c) has been seconded to the Ministry or to the Judicial Academy pursuant to Paragraph 19a (1) for the period of such secondment. "
19. in Paragraph 22 (2) (b), the words "for such a criminal offence for which disciplinary action may be imposed" shall be replaced by the words "where the application for disciplinary action proposes the imposition of disciplinary action by appeal from the office of a prosecutor."
20. in Paragraph 22 (2) (c), the word "incompetence" is replaced by the word "competence."
21. in Paragraph 22 (4), the words "following the day" shall be inserted after the word "day."
22. in Paragraph 22 (5), the words "the civil servant is entitled to his current salary under the special legislature.5h" shall be replaced by the words "point (b) of Article 19a (5) shall apply mutatis mutandis."
footnote 5h is deleted.
23. Paragraph 24 (6) is deleted.
Paragraph 7 shall become paragraph 6.
footnote 5k is deleted.
24. The following Section 24a is inserted after Section 24:
(1) The State Prosecutor may not, from a date specified as the date of taking up office, engage in any other paid or gainful activity, except in the case of management of his own assets, including membership of housing cooperatives, the association of owners of units and other legal persons whose principal object is to satisfy the housing needs of his members, the activities of scientific, educational, literary, publicist and artistic activities, the activities of an active athlete, the activities of the advisory bodies of the Czech Republic, provided that these activities are compatible with the requirements of the ordinary performance of the office of the Parliament, the advisory and control bodies of the European Union, the Council of Europe and other international organisations, or in the body of independent control of the intelligence services of the Czech Republic under the Law on the Intelligence Services of the Czech Republic, provided that these activities are compatible with the requirements of the ordinary service of office of state attorney.
(2) The State Prosecutor may carry out the service of an active soldier unless his duties in the performance of his duties prevent it; for active reserve service, the public prosecutor is entitled to receive in-kind and cash formalities under the law governing the status of soldier in reserve.
(3) The performance of the activities referred to in paragraphs 1 and 2, with the exception of the management of own property, shall be notified by the Prosecutor for a calendar year at the latest by 30 June of the following calendar year to the Head of the Prosecutor, the Head of the Prosecutor to the Head of the Prosecutor and the Attorney General of the Minister of Justice. The notification shall indicate the subject-matter of the activity, the manner and place of its exercise and for whom and to what extent it has engaged. The notification referred to in the first sentence shall not be submitted by the lead public prosecutor or by the top public prosecutor in the event that he has not carried out the activity to which the obligation to submit the notification under the first sentence applies in that year or where the total gross annual income from that activity has not exceeded 20% of his annual salary for that calendar year.
(4) The public prosecutor may not, from the date specified as the date of taking office until the expiry of the office of a public prosecutor, serve as a statutory, management and supervisory authority of the legal person undertaking and shall not be a trustee or other person designated to supervise the management of the trust fund for the purpose of operating a business establishment. ';
25. The following Section 26a is inserted after Section 26:
Evidence protection of the state's attorney
The Ministry of the Interior shall, at the request of the Head of the Public Prosecutor, carry out, at the request of the Deputy Prosecutor, arrangements for the registration of personal data of the Prosecutor, his spouse, the child and his parents, their private vehicles, as well as measures for the registration of service vehicles, at the request of the Deputy Prosecutor. ';
26. Part Eight, including the title, reads:
RELIEF
The Prosecutor and the Head of the Prosecutor shall be responsible for disciplinary action. A public prosecutor appointed as a European Prosecutor or as a European Prosecutor shall be responsible for disciplinary action in cases where the Regulation establishing the European Public Prosecutor's Office makes this possible; the provisions of this Part shall apply mutatis mutandis to a public prosecutor appointed as European Prosecutor or European Prosecutor.
(1) The criminal offence of a public prosecutor is a guilty breach of the duty of a public prosecutor or of a guilty act by which the public prosecutor has compromised confidence in the impartial, professional or legal procedure of a public prosecutor or public prosecutor or has reduced the seriousness and dignity of the office of a public prosecutor or public prosecutor.
(2) The critical fault of the Head of the Prosecutor is also a serious guilty breach of the obligation arising from the performance of the duties of Head of the Prosecutor.
The Liability of the Public Prosecutor or the Head of the Public Prosecutor for Discipline shall cease if, within 3 years of his commission, the application for disciplinary action has not been filed.
(1) For disciplinary action pursuant to Paragraph 28 (1), one of the following measures may be imposed on the public prosecutor according to the seriousness of the disciplinary action:
(a) reprimand,
(b) a salary reduction of up to 30% for a maximum period of 1 year and in the event of recertification committed by the prosecutor in the period prior to the destruction of the disciplinary measure, for a maximum period of 2 years; or
(c) withdrawal from the post of Prosecutor.
(2) For disciplinary action pursuant to Paragraph 28 (2), one of the following disciplinary action may be imposed on the Head of the State, depending on the seriousness of the disciplinary action:
(a) reprimand,
(b) the withdrawal of an increase in the salary coefficient for the performance of the post of Head of Public Prosecutor for a maximum period of 1 year and in the event of recertification of the offence committed by the Head of Public Prosecutor during the period prior to the killing of the disciplinary action for a maximum of 2 years;
(c) a salary reduction of up to 30% for a maximum period of 1 year and in the event of a recertification committed by the lead prosecutor in the period prior to the destruction of the disciplinary measure for a maximum period of 2 years; or
(d) removal from the post of Deputy Prosecutor, except for the post of Attorney General.
(3) A disciplinary measure of appeal may be imposed in addition to a disciplinary measure on a salary reduction.
(4) The imposition of a disciplinary measure may be waived if the hearing of a disciplinary action is sufficient to achieve the purpose of the disciplinary action due to its nature and gravity and to the person of the prosecutor or of the lead prosecutor.
(5) In the case of multiple criminal offences of the same public prosecutor or of the head of the public prosecutor discussed in the joint proceedings, a disciplinary action shall be imposed in accordance with the provisions relating to the criminal offence most strictly punishable.
(6) The reduction in salary and the withdrawal of the increase in the salary rate should apply from the first day of the calendar month following the date on which the decision to impose a disciplinary measure was taken.
Minor deficiencies and inconsistencies may be expressed in writing by the public prosecutor's administration, who is entitled to submit a motion to initiate disciplinary proceedings, to the public prosecutor or to the head of the public prosecutor without making a proposal to initiate disciplinary proceedings.
(1) The Head of Public Prosecutor may carry out the necessary investigations for the purpose of applying for the opening of disciplinary proceedings or the eligibility procedure; it is proceeding in accordance with Part Five of this Act.
(2) The Head of the Prosecutor shall also conduct the inquiry referred to in paragraph 1 at the request of the Senior Deputy Prosecutor authorised to submit a motion for disciplinary action or for the eligibility of office or at the request of the Ministry. The lead prosecutor shall inform the person who requested it of the outcome of the investigation and submit to him the documents collected. ';
27. at the end of paragraph 5, the sentence "The assistant may not represent the prosecutor but may look at the file."
28. in Paragraph 33 (7):
"(7) The legal candidate shall be entitled, under the authority of the public prosecutor, to carry out simple acts of the public prosecutor or public prosecutor and under the authority of the professional staff of the public prosecutor, administrative activities. The public prosecutor may entrust a legal candidate to represent him in an individual action of criminal proceedings or other than criminal proceedings. In court proceedings, a prosecutor may be represented by a legal candidate only in proceedings before a district court; in the case of a procedure for the approval of an agreement on guilt and the punishment of representation, it is not possible. ';
Transitional provisions
1. The term of office of the Supreme Prosecutor who served this function on the date of entry into force of this Law shall expire seven years after the date on which he began to perform that function.
2. The Chief, Regional or Regional Prosecutor, who performed this function on the date of entry into force of this Act and who began to perform his duties
(a) until the end of 2004, the term of office shall expire on 31 December 2024;
(b) between 2005 and 2011, the term of office shall end on 30 June 2025;
(c) between 2012 and 2015, end on 31 December 2025,
(d) in 2016 and 2017, the term of office ends on 30 June 2026;
(e) in 2018 and 2019, the term of office shall end on 31 December 2026;
(f) between 1 January 2020 and 30 June 2020, the term of office shall expire on 30 June 2027.
3. The term of office of the High, Regional or Regional Prosecutor, who performed this function on the date of entry into force of this Act and who began to perform his duties between 1 July 2020 and the date of entry into force of this Act, shall expire 7 years after the date on which he began his duties.
4. The ban on the performance of the post of Head of Public Prosecutor and the restriction to appoint a Head of Public Prosecutor to the same Prosecutor under Act No. 283 / 1993 Coll., as effective from the date of entry into force of this Act, shall apply to the Heads of Public Prosecutor who perform this function on the date of entry into force of this Act.
5. Proceedings on the application for appeal from the post of Chief, Regional or District Prosecutor pursuant to § 10 (4) of Act No. 283 / 1993 Coll., as effective before the date of entry into force of this Act, initiated before the date of entry into force of this Act, shall be completed and the rights and obligations relating thereto shall be assessed in accordance with the existing legislation.
6. The notification of the exercise of the activity provided for in Article 24a (3) of Act No. 283 / 1993 Coll., as effective from the date of entry into force of the Act, shall be submitted for the first time by 30 June of the calendar year following the date of entry into force of the Act and shall only cover activities carried out from the date of entry into force of the Act.
Amendment of the Salary Act and certain other requirements of prosecutors
In Act No. 201 / 1997 Coll., on the salary and certain other formalities of prosecutors, as amended by Act No. 155 / 2000 Coll., Act No. 14 / 2002 Coll., Act No. 279 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 420 / 2002 Coll., Act No. 425 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 626 / 2004 Coll., Act No. 630 / 2004 Coll., Act No. 267 / 2007 Coll., Act No. 315 / 2019 Coll., Act No. 18 / 2022 Coll., Act No. 9 incl.
Salary for temporary dismissal of a public prosecutor
(1) In the event of temporary discharge from office to the Prosecutor for a period of:
(a) the performance of the duties of judge of the Constitutional Court is not due to the current salary;
(b) the performance of the duties of a Judge, Assistant Judge or equivalent before an international court, an international criminal tribunal or an equivalent international judicial authority shall be subject to an existing salary, provided that the remuneration for the performance of his duties abroad is not paid by that international court, an international criminal tribunal or an equivalent international judicial authority;
(c) temporary secondment to the Ministry of Justice or to the Judicial Academy shall be subject to the current salary.
(2) For the duration of the temporary discharge pursuant to Paragraph 22 (2) of the Prosecutor's Office Act, 50% of the salary for which he was entitled on the date on which the temporary suspension took place and for the duration of the temporary suspension. If the post of Prosecutor has not been terminated, the remaining part of the salary to which he would otherwise have been entitled shall be paid to the Prosecutor; This does not apply if the prosecutor has been legally convicted for a criminal offence. ';
footnotes 16 and 17 are deleted.
Amendment of the Law on proceedings in the cases of judges, prosecutors and court executors
Act No. 7 / 2002 Coll., on Proceedings in the Cases of Judges, prosecutors and court executors, as amended by Act No. 151 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 314 / 2008 Coll., Act No. 286 / 2009 Coll., Act No. 396 / 2012 Coll. and Act No. 315 / 2019 Coll., is amended as follows:
1. In Article 1, the words "the procedure of the disciplinary court and the parties in the proceedings concerning the disciplinary liability of judges, presiding judges, vice-chairmen of the court, the Presidents of the College of the Supreme Court or of the Supreme Administrative Court, prosecutors and prosecutors, and in the proceedings concerning the capacity of a judge and prosecutor to perform his duties' are replaced by the words" and the procedure of the disciplinary court and the parties in those proceedings'.
2. in Article 2 (a), the words "or the Head of the Prosecutor" shall be inserted after the word "representative."
3. In the second sentence of Paragraph 4a (7), the words "or the Head of the Prosecutor 'shall be inserted after the words" Deputy'.
4. In Article 8, paragraph 6 is added:
"(6) The application to initiate disciplinary proceedings concerning the disciplinary liability of the Head of the Prosecutor shall be entitled to submit:
(a) the Minister of Justice and the Attorney General against any Head of the Prosecutor;
(b) the Attorney General against the District Attorney of the District Attorney of the District Attorney of the District Attorney of the District Attorney of the District Attorney of the District Attorney of the District Attorney of the District Attorney of the District Attorney of the District Attorney of the District Attorney,
(c) the Regional Prosecutor against the District Attorney of the District Attorney of the District Attorney in his district. ';
5. In the first sentence of Article 9 (2) and in the first sentence of Article 23 (1), the words "or the Prosecutor 'are replaced by the words", the Prosecutor or the Prosecutor'.
6. In Article 9 (3), the words "the representative or 'are replaced by the words" the representative or the lead prosecutor or';
7. in Articles 12 (3) and 16 (4), the following point (b) is inserted after point (a):
"(b) the Attorney General, if the principal of the prosecutor is accused of a case,"
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Regulation Information
| Citation | Act No. 83 / 2024 Coll., amending Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended, Act No. 201 / 1997 Coll., on the salary and certain other formalities of prosecutors, as amended, and Act No. 7 / 2002 Coll., on proceedings in the case of judges, prosecutors and court executors, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.04.2024 |
|---|---|
| Effective from | 01.07.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 463
The regulation text is for informational purposes only.
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