Decree No. 88 / 2005 Coll.
Decree amending Decree No. 23 / 1994 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 28.02.2005
88
DECLARATION
of 15 February 2005
amending 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
The Ministry of Justice provides pursuant to § 40 (1) (a) and (2) of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 14 / 2002 Coll.:
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 prosecutors and details of the acts carried out by the 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. and Decree No. 468 / 2001 Coll., is amended as follows:
1. in Article 1 (2) (e), including footnotes 1a and 1b:
"(e) give instructions to the lower public prosecutor in cases for which the lower public prosecutor is responsible (1a) and, in the cases provided for by law, withdraw the case from the lower public prosecutor and deal with it (1b).
1a) § 12d (1) and § 2, sentence of First Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 14 / 2002 Coll.
1b) Paragraph 12d (2), second sentence, paragraph 3 of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 14 / 2002 Coll. '
footnote 1b is amended as footnote 1c.
2. paragraphs 4 to 7, including the headings, read:
(1) In order to carry out the tasks of the Regional Prosecutor's Office within its jurisdiction, branches of the Regional Prosecutor's Office are established. The Regional Prosecutor shall provide for a range of matters to be dealt with by the Regional Prosecutor's Office. They shall publish the measures via the Internet.
(2) In order to carry out the tasks of the District Attorney's Office within its jurisdiction, branches of the District Attorney's Office are established. The District Attorney shall provide for a range of matters to be dealt with by the District Attorney's Office. They shall publish the measures via the Internet.
Regional Prosecutor's Office in České Budějovice - Branch Office in Tábor
(1) His branch in Tábor is established in the District of the Regional Prosecutor's Office in České Budějovice.
(2) The seat of the branch is the city of Tabor.
Regional Prosecutor's Office in Ústí nad Labem - Branch Office in Liberec
(1) A branch of the Regional Prosecutor's Office in Ústí nad Labem is established in Liberec.
(2) The seat of the branch is the city of Liberec.
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) The seat of the branch is the town of Olomouc. '.
3. The following Sections 7a and 7b are inserted after Section 7, including the headings:
Regional Prosecutor's Office in Brno - Branch Office in Zlín
(1) A branch of the Regional Prosecutor's Office in Zlín is established in Brno.
(2) The seat of the branch is the City of Zlín.
Karviná District Attorney's Office in Havířov
(1) Its branch in Havířov is established in the District of the District Prosecutor's Office in Karviná, which exercises the jurisdiction of the District Prosecutor's Office in the District of Havířov and Orlová.
(2) The seat of the branch is the city of Havířov. '.
4. In Article 10 (3), the words "the Office for Foreign Relations and Information and 'shall be inserted after the words" members committed'.
5. In Paragraph 10 (5), the comma and the words "Member of the Office for Foreign Relations and Information 'are inserted after the words" Police of the Czech Republic'.
6. In Article 15, the following paragraph 4 is added:
"(4) If the gravity, facts or legal complexity of the case so requires, the Attorney General may decide, with the prior consent of the Attorney General, that he is responsible for the supervision of the maintenance of legality in preparatory proceedings in cases
(a) referred to in paragraph 1 (a) and (b), even if they have caused damage of less than CZK 100 million,
(b) referred to in paragraph 1 (c) even if there is damage to the property or to the ownership of the State of less than CZK 50 million or if damage to the property of another entity occurs to at least CZK 50 million. "
(7) The common heading of Sections 20 and 21 "Decisions on the investigator's objections" shall be deleted.
8. In Paragraph 32 (2), the words "or an application has been lodged 'are deleted.
9. In Paragraph 32, the following paragraphs 3 to 5 are added after paragraph 2:
"(3) Where an appeal has been brought to an end by the decision of the Court of Appeal, the Prosecutor's Office shall not examine any complaints which are in substance identical to that of the Attorney General or the statement of the Prosecutor General to the appeal of the defendant or, where appropriate, to the appeal of the defendant in the case in which the Prosecutor's Office took part. Such an initiative shall be forwarded without further procedure with a proposal for a postponement to the Ministry of Justice and shall include copies of the documents giving rise to these facts and shall inform it of the outcome of the appeal procedure. This does not apply if, in the complaint, the alleged illegality does not constitute grounds for claiming an appeal; he will examine such a matter.
(4) In the case of a criminal case in which the complaint has been lodged, the prosecutor shall immediately inform the Ministry of Justice of the appeal and await the outcome of the appeal proceedings. It is also in the same way in matters which would otherwise, by reason of the substance of the complaint, refer the Court of Justice to further proceedings without examining the case (paragraph 3). This does not apply if the alleged illegality cannot be a reason for the successful exercise of the claim.
(5) The procedure laid down in paragraph 4 shall be ruled out in cases in which the public prosecutor finds that there is a clear infringement of the law against the defendant, which could lead to a change in the complaint. It shall immediately submit such a case to the Ministry of Justice with a proposal for a further procedure and shall attach all available supporting documents available to it at the time, justifying the proposed procedure. ';
10. Part Five, including the title, is deleted.
Parts sixth and seventh shall be renumbered as parts fifth and sixth.
Efficacy
This Decree shall take effect on the day of its publication, with the exception of the provisions of Paragraph 7b, which shall take effect on 1 October 2005.
Minister:
JUDr.
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Regulation Information
| Citation | Decree No. 88 / 2005 Coll., amending 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 acts carried out by legal candidates, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.2005 |
|---|---|
| Effective from | 28.02.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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