Rules Of Procedure Of The Public Prosecutor's Office

Original Language Title: Jednací řád státního zastupitelství

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=41623&nr=23~2F1994~20Sb.&ft=txt

23/1994 Coll.



The DECREE



The Ministry of Justice



of 7 June. January 1994



on the rules of procedure, the Prosecutor's Office, the establishment of branches of some of the

Public Prosecutor's Office and the details of the action carried out by

aspirant



Change: 265/1997.



Change: 218/1998 Coll.



Change: 311/2000 Sb.



Change: 183/2001 Sb.



Change: 468/2001 Sb.



Change: 88/2005 Sb.



Change: 88/2005 Coll. (part)



Change: 252/2007 Sb.



Changed: 7/2010 Sb.



Change: 462/2011 Sb.



Change: 4/2014 Sb.



The Justice Department determined in accordance with section 7, 34 and 40 of Act No.

283/1993 Coll., on the public prosecutor's Office (hereinafter "the Act"), and article IV

section 9 of Act No. 292/1993 Coll., amending and supplementing Act No.

141/1961 Coll., on criminal court proceedings (code of criminal procedure), law No. 21/1992

Coll., on banks, and Act No. 335/1991 Coll. on courts and judges:



PART THE FIRST



HEAD FIRST



Management of the work of the public prosecutor's Office



The performance of supervision in the system of the public prosecutor



§ 1



the title launched



(1) the supervision, focuses in particular on compliance with and application of the legal

regulations in the scope of the public prosecutor's Office and in the activities of the State

representatives, compliance with the instructions of the higher public prosecutor's Office and the heads of the

prosecutors, on the Organization and management of work and on the implementation of the guidelines

the general nature of the Attorney General.



(2) under the supervision of the higher public prosecutor's Office in the range specified by

the law, in particular, shall be entitled to:



and) require special reports on the progress of public prosecutors in the performance of

the scope of the public prosecutor's Office,



(b)) require information in each cases discharged lower

the public prosecutor,



(c) examine any thing have been disposed of) lower the public prosecutor and the

for this purpose, request the public prosecutor's Office from the lower submission

all of the documents that were the basis for handling such things, as well as

the appropriate expression and opinion, subject to a special regulation for the

review of the things binding way, ^ 1)



(d)) to perform a review of the prosecution service in lower individual

things, checks on certain sections of the activities of the lower State

the Prosecutor's Office or the overall review activity of lower State

the Prosecutor's Office,



e) giving a lower Prosecutor instructions in matters to which

the execution is less competent public prosecutor's Office, ^ 1a) and in the law

set this to a lower case thing public prosecutor's Office

Remove and arrange it. ^ 1b)



(3) If a complaint is made to the performance of supervision in the case factually or locally

nepříslušného referred to the public prosecutor's Office, Prosecutor

without delay to the competent public prosecutor's Office and that about

notify.



(4) More factually identical State Prosecutor does not examine the incentives and

that their acceptance of the nevyrozumívá. About podatel must be instructed

already in the notification about the execution of the first initiative.



§ 2



the title launched



(1) in the exercise of supervision over the process immediately lower State

the Prosecutor's Office, which is by its very nature, also the supervision of higher State

the prosecution focused its attention only on the assessment of the level and

the effectiveness of this surveillance. The legality of the procedure, which was the subject of performance

the original supervision, can be reviewed only if so special

^ 1 c) of the Act.



(2) If a prosecutor served the complaint in which the namítán is incorrect

or illegal procedure in the exercise of supervision, the State Prosecutor closest to the

the higher public prosecutor's Office shall refer the complaint to the fact immediately

lower public prosecutor's Office, whose incorrect or illegal procedure

When supervision is namítán, to evaluate whether it is not more

substantively the same complaint lodged after the lesson according to § 1 (1). 4.

a referral with the explicit warning that informs on the possible postponement of the

initiative to lower the public prosecutor without further notice. Lower

substantively the same as the initiative of the public prosecutor's Office shall postpone without notification

be that; otherwise carry out supervision under section 1 (1). 1. This does not affect

the permission of the higher public prosecutor's Office in justified cases

review how to immediately lower prosecution

the exercise of supervision.



(3) other factually identical stimuli, in which namítán is incorrect or

illegal procedure in the exercise of supervision, the State Prosecutor and does not examine the

that their acceptance of the nevyrozumívá. About podatel must be instructed

already in the notification about the assignment to the first such initiative immediately

a lower Prosecutor to evaluate according to § 2 (2). 2.



§ 3



The obligation to maintain confidentiality



(1) in addition to the public prosecutors and legal trainees are other

the staff of the public prosecutor's Office shall be obliged to maintain confidentiality of

all the facts, which they learned in connection with the performance of

the activities of the public prosecutor's Office. Obligation of secrecy endures even after

termination of the employment.



(2) the obligation to maintain confidentiality may workers referred to in

paragraph 1 to relieve the head of the public prosecutor's Office.



THE HEAD OF THE SECOND



The establishment of branches of some of the public prosecutor's Office and the establishment of exceptions

regarding the territorial circuit public prosecutor's Office



§ 4



the title launched



If they are to carry out the tasks of the public prosecutor's Office set up in the circumference of his

the scope of the branch, the head of the State Prosecutor of the competent national

the Prosecutor's Office shall lay down the measures range of things that will be executed at the

such branches. The measures shall be published in a manner enabling remote

access.



§ 5



The Regional Prosecutor's Office in České Budějovice-branch in Tábor



(1) in the Regional Prosecutor's Office in České Budějovice

up its branch in the camp.



(2) the Head Office of the branch is the town of Tábor.



§ 6



The Regional Prosecutor's Office in Ústí nad Labem-branch in Liberec



(1) in the Regional Prosecutor's Office in Ústí nad Labem

sets up its branch in Liberec.



(2) the Head Office of the branch is the city of Liberec.



section 7 of the



The Regional Prosecutor's Office in Ostrava-branch in Olomouc



(1) in the circuit of the regional public prosecutor's Office shall be established in Ostrava

its branch in Olomouc.



(2) the Head Office of the branch is the city of Olomouc.



Section 7a



The Regional Prosecutor's Office in Brno-branch in Zlín



(1) in the Regional Prosecutor's Office in Brno establishes his

branch in Zlín.



(2) the Head Office of the branch is the city of Zlín.



section 7b



The Regional Prosecutor's Office in Brno-branch in Jihlava



(1) in the Regional Prosecutor's Office in Brno establishes his

branch in Jihlava.



(2) the Head Office of the branch is the city of Jihlava.



§ 7 c



The district public prosecutors ' offices in Karviná-branch in Havířov



(1) in the District of Karviná District Public Prosecutor's Office shall be established in

its branch in Havířov.



(2) the Head Office of the branch is the town of Havířov.



§ 8



The Chief Prosecutor in Olomouc-Brno branch and the branch in

Ostrava



In the circuit of the high public prosecutor's Office shall be set up a branch in Olomouc

in Brno and Ostrava.



§ 9



The exceptions from the scope of the District Public Prosecutor's Office in Prague



(1) the District Public Prosecutor's Office for Prague 2 takes place in the first instance

proceedings for offences pertaining to substantive and local

the jurisdiction of the District Public Prosecutor's Office in the District of a city

the Prosecutor's Office in Prague, if are against safety

Road, rail, air and shipping transport.



(2) the District Public Prosecutor's Office for Prague 2 held joint management of

all offences of the same accused person, is a criminal offence under the

paragraph 1 of the criminal act the toughest.



(3) if the common proceedings against more accused, of which one is

prosecuted for the criminal offence referred to in paragraph 1, the district State

the Prosecutor's Office for Prague 2 proceedings against the accused under the conditions

referred to in paragraph 2 only if it has been excluded from the proceedings.



§ 10



The scope of the public prosecutor's Office in criminal proceedings concerning offences

members of the General inspection, the security forces and its

the employees, members of the military police and members of the news

services



(1) for the performance of supervision of adherence to legality in preparatory proceedings

held by the General inspection of the Security Corps ^ 2) and to the handling of affairs,

the shortened preliminary proceedings in which took place the General inspection

security forces ^ 2a), the public prosecutor of the regional

the Prosecutor's Office and in cases in which the competent

State representative of the public prosecutor's Office in the District of lower his

scope, unless otherwise specified. It is also competent to

representation of the indictment and the proposal for punishment in the proceedings before the Court in

these things, unless the case forward to the Prosecutor, which would otherwise have been

the ^ 2b), and to decide, in a dispute about the jurisdiction of the venue operations

before you begin criminal proceedings between the General safety inspections

choirs and other police authority ^ 2 c).



(2) for the investigation of criminal offences committed by members of the ^ 2d) General

inspection of security forces, members of the security information

the services of the Office for foreign relations and information, members of the
Military intelligence, military police and members of the staff

The Czech Republic registered to work in the General inspection

security forces and to the drafting of the management of these truncated

offences ^ 2e) is the State representative of the regional government

the Prosecutor's Office, whose jurisdiction is determined in accordance with § 12, 14 and 16. Also

It is competent to represent the design on the punishment, which in these matters

filed, and a court other than that in which they operate, if the thing forward

the Prosecutor, who would otherwise be competent.



(3) the Deputy Head of the State Public Prosecutor's Office is in matters of

referred to in paragraph 2, the competent to represent the prosecution in proceedings before the

another court, before which they operate, if the thing has not transmitted to the

representatives that would otherwise be competent.



THE HEAD OF THE THIRD



§ 11



Simple acts done by aspirant of Prosecutor's Office



The head of the prosecution service or by authorized State representative ^ 3)

may entrust a legal trainee, in the present cases, the exercise

These simple tasks:



and in simple cases) request,



(b)) and other decision delivery of official documents of the State

the prosecution of persons in detention or imprisonment,



(c) the drafting of the Protocol submitted) explanation, including the drafting of a

criminal notice



(d) a decision on the repayment and) edition of the things important for the criminal proceedings after

the decision on the merits,



(e) the decision on the amount of remuneration) and the reimbursement of cash expenses and advocate

designated agent



(f)) of the decision on svědečném, znalečném and tlumočném,



g) preparing for a decision on conditional cessation of criminal

prosecution or stacking,



h) drafting the written copy of the decision on conditional

stopping criminal prosecution or settlement,



I) drafting the submission of proposals, the public prosecutor's Office, including the



j) preparing for a decision on the certification of the accused in the trial

laid down in the decision on conditional cessation of its criminal

proceedings, including the basis for the decision on the continuation of the criminal

the prosecution of the accused, that is in the specified trial period, and

processing design of the written copy of the decision,



k) preparing for a decision on conditional postponement of the submission of the proposal

on the punishment and the certificate of the suspect in the trial period, including

the supporting documents for the issuance of the order to initiate a criminal prosecution of the suspect,

that is, within a specified time of the trial, and the draft processing

the written copy of the decision and order



l) participation in visits to the accused in custody,



m) check the correspondence of accused persons,



n) preparation of statistical sheets,



about) inspection of the files of the Court and requiring their lease,



p) requiring lease files, documents and explanations from the authorities

public administration, local and regional authorities and other persons required to submit

explanation or rent the writings and documents in the public prosecutor's Office

the exercise of its competence,



q) providing other bases for the activities of the public prosecutor.



PART THE SECOND



The procedure of public prosecutors in criminal proceedings



The first section



Substantive jurisdiction of public prosecutors in pre-trial criminal



§ 12



(1) for the performance of supervision of adherence to legality in preparatory proceedings

the criminal is the competent State Prosecutor assigned to the State

the Prosecutor's Office, which operates when the Court, which would be held in the

After the submission of the prosecution proceedings in the first instance, if this Ordinance

provides otherwise. If the Act relating to the procedure before the start

criminal prosecution for his temporarily apprehend make a competent public

the representative of the public prosecutor, it performs actions, which in this

If the competent public prosecutor about the implementation of the Act without undue

delay and shall inform him of the matter forwards.



(2) If Not for the incompleteness of the facts to determine the jurisdiction of the

the State Prosecutor for the performance of supervision of adherence to legality in

pre-trial criminal at a time when the police wrote up the record of the

the opening acts of the criminal proceedings, ^ 3a) delivers this record to the

representatives of the public prosecutor's Office of the corresponding instance in the headquarters

the police authority or its organizational components. If the police

the authority with competence for the whole territory of the Czech Republic, delivers it to the police

authority of the regional public prosecutor's Office at the headquarters of a police authority or

his business, which is a person that this Act

It has made.



(3) unless otherwise provided for in this Decree, the State Prosecutor, which was

delivered to the record of the initiation of the criminal proceedings and the acts that is not

for locally or competent, shall take all measures

don't delay, including delivery of the decision, the Prosecutor

According to the criminal procedure code when using search, operatively resource ^ 3b)

which belong to the remit of the public prosecutor's Office and to which it is

entitled to, so as not to thwart the purpose of the criminal proceedings. Otherwise,

shall refer the matter to the further management of the public prosecutor's Office locally and factually

the competent. At the same time be informed of the referral to the police authority, who

his record of the initiation of operations of criminal proceedings.



section 13



In cases in which it is for the investigation to take place, or the shortened preparatory

control Prosecutor (section 10 (2)), shall exercise supervision over the

adherence to legality in procedure before you begin criminal prosecution

the Prosecutor, which would otherwise take place in the investigation of the case

or abbreviated preparatory proceedings, if, on the basis of the established facts

You can specify the jurisdiction of the public prosecutor. If clear

the fact that it is an offence, until in the course of examining the

the facts reasonably showing that a crime has been committed,

the Prosecutor, who shall exercise supervision at this time, the thing shall immediately transmit

such a Prosecutor. The provisions of section 12(2). 3 shall be mutatis mutandis.



§ 14



Higher State Prosecutor's Office is responsible for the performance of supervision over the

adherence to legality in preparatory proceedings in the matter, which odňalo

immediately lower public prosecutor's Office, and the Act itself.



§ 15



(1) for the performance of supervision of adherence to legality in preparatory proceedings in

matters of intentional crimes



and committed to the Bank's activities), an investment company, or

Investment Fund, a trader with securities, insurance, health

insurance companies, pension fund, building society or savings and

credit cooperatives, if they caused damage of at least 150 miles. CZK



b) natural or legal persons committed in connection with the

unauthorized exercise of the activities of the bodies referred to in point (a)), if the

their damage at least 150 miles. CZK



(c)) which was due on the assets or securities of the State share of shame

at least 150 miles. CZK



(d)) under the title the fifth or sixth of the special part of the criminal code,

If they have been committed for the benefit of organized criminal group ^ 3e)

and the offences of abuse of official powers under section 329

the criminal code or criminal acts of acceptance of bribe, bribe or

indirect bribery under sections 331 to 333 of the criminal code, if

have been committed in connection with the detection or investigation of criminal

by the fifth or sixth head of the special part of the criminal code,



(e)) which were without prejudice to the financial or economic interests of the European Union,

If they were caused by the damage of at least 150 miles. CZK



f) committed against the single European currency in favor of organized

a criminal group ^ 3e), a member of the organised group ^ 3f), in a significant

or large scale ^ 3 g) or if the proceedings for offences

directed against the single European currency of the police authority, who carries out the

the tasks of the special central offices referred to in article 12 of the International Convention for the Suppression of

anti-^ 3 h)



It is the Deputy Head of the State Prosecutor's Office, in whose

the circuit is less public prosecutor's Office, which would be otherwise in case

the relevant.



(2) for the performance of supervision of adherence to legality in preparatory proceedings in

matters of crime family under section 214 of the criminal code,

shareholdings of negligence under section 215 of the criminal code, legalizing

the proceeds of crime pursuant to section 216 of the criminal code and the legalization of

the proceeds of crime of negligence pursuant to § 217 of the Penal Code

It is the Deputy Head of the State Prosecutor's Office, in whose

the circuit is less public prosecutor's Office, which would be otherwise in case

the relevant criminal offence, if the source is one of the criminal

the offences referred to in paragraph 1.



(3) the Chief Public Prosecutor's Office is appropriate in the case of any of the

the offences referred to in paragraphs 1 and 2 and for the performance of supervision of

adherence to legality in preparatory proceedings in the matters of other

the offences took place, for which it is common procedure, ^ 3i) if not

case excluded from the joint management. ^ 3j) occurs to the exclusion of things from
joint management and for such things is not the jurisdiction of the Supreme

the Prosecutor's Office determined in accordance with paragraph 1 or 2, the top

the State Prosecutor's Office with the prior consent of the Supreme State

representative decide it is competent to exercise supervision over the

adherence to legality in preparatory proceedings in this matter, otherwise it is

required to refer the matter without delay to the factually and locally competent

the Prosecutor's Office.



(4) the Chief Public Prosecutor's Office may, after prior approval by the Supreme

the public prosecutor may decide to exercise supervision over the observance of the

legality in preparatory proceedings in matters relating to the offences referred to in

paragraphs 1 to 3, is the competent lower prosecutors; his

the jurisdiction shall be determined in accordance with the principles referred to in section 12, 14 and 16.



(5) if required by the seriousness, factual or legal complexity of the case, the

the Chief Public Prosecutor's Office with the prior consent of the Supreme State

representative decide it is competent to exercise supervision over the

adherence to legality in preparatory proceedings in matters



and) referred to in paragraph 1 (b). and (c))) and (e)), even when they have been

damage of less than 150 miles. CZK, or



(b) if the assets of another) body damage at least 150 miles. CZK.



section 16 of the



(1) where, under the preceding provisions of jurisdiction to exercise supervision

several prosecutors, shall be supervised by one who is competent to

the performance of supervision over the investigation held against the offender

or would constitute a criminal offence; otherwise, the one that started

to carry out surveillance as soon as possible.



(2) to the DGA has conducted things returned to the Prosecutor by the Court, which has been

referred to or it is the competent public prosecutor, who shall exercise the

supervision in the preparatory proceedings.



Acts in the criminal proceedings



§ 17



The adoption of criminal reporting



(1) the notifier, which makes a criminal complaint with the public prosecutor

by word of mouth, the Prosecutor under the criminal procedure code and then

^ 4).



(2) If a complaint is lodged in the case factually or locally nepříslušného

the Prosecutor's Office (art. 16), the Prosecutor shall immediately

the notifier to the competent public prosecutor's Office and inform.

However, if it is necessary to carry out urgent or unrepeatable acts, shall ensure

State representative of their immediate implementation before forwarding things

to the competent public prosecutor's Office, if you cannot make it so

made by the competent public prosecutor. The provisions of section 12(2). 3 the first sentence of the

here shall be used mutatis mutandis.



section 18



Supervision of pre-trial



(1) the Prosecutor may, in the cases in which it carries out the supervision in advance

reserve submission of copies of procedural acts. To review

the procedure of the police authority may require the submission of documents or may

clearance documents directly at the police authority.



(2) if it considers that the Prosecutor in the interests of completeness of factual findings

and ensure all the evidence necessary for the important thing, is entitled to

consult the plan of investigation or a police request information

authority about its content.



§ 18a



The procedure of the public prosecutor in the use of search devices operatively



(1) the prosecutor responsible for the acts in the criminal proceedings in the application

flexibly search resources (section 158b to 158f criminal procedure) is

be obliged to take all measures to prevent the disclosure of the information

information on the measures being taken by unauthorized persons and not so

thwarted by the purpose of criminal proceedings or vulnerable persons.



(2) to submit a proposal on the use of the agent (section 158e (4) of the criminal procedure code)

It is the Deputy Head of the State Prosecutor's Office, in whose

the circuit is active public prosecutor's Office competent for the performance of supervision in the

things; If such a public prosecutor's Office to determine the competent State

the representative of the Supreme Public Prosecutor's Office, in whose district it is situated

the police authority that the proposal on the use of the agent. This State

the representative is also responsible for all the acts, which in the context of the activities

the public prosecutor agent according to the code of criminal procedure (section 158e exercises 7

the criminal procedure code). The jurisdiction of the public prosecutor to pursue the supervision of the

adherence to legality in preparatory proceedings in a criminal case, in which the

the agent used, this provision remains unaffected.



(3) On the use of intelligence funds under special laws

^ legislation 4a) the provisions of this Ordinance shall not apply.



§ 19



The instructions of the public prosecutor



(1) the guidelines issued by the State representative in the course of the preliminary proceedings in the form of

the measures.



(2) the written form the instructions issued by the State Prosecutor to start

criminal prosecution, to the classification of the offence, the extent of the charges,

to a way of handling things in the preliminary proceedings, to the inclusion of experts in

referral back to replenish, after the return of the things a prosecutor by the Court to

DGA has conducted, for the withdrawal and the commandment of things and, where the Prosecutor

It considers necessary. Orally the guidelines given a prosecutor confirms

in writing, if it considers it necessary, according to the nature of things. For each guideline

take the record to the supervisory file.



(3) the instructions of the public prosecutor to issue a resolution to the police authority,

against which the complaint is admissible, ^ 4b) shall be included in the original

the investigation file. Other guidelines are based on the original

the investigation file, if so state the representative.



(4) if the police authority does not act to which he got from the State

the representative instructed the Prosecutor notifies the competent

the parent or the thing the resolution be withdrawn.



the title launched



section 20



Deciding on custody



Disclosure of the facts, which is the State representative shall be obliged to prison

inform (section 70a of the Criminal Code), delivers the State representative of the prison as a rule

the same day, when such a decision or action. Always so

shall, as regards the decision on custody or release

the accused from custody.



section 20a



The proposal to restrict the accused in prison



If you need to restrict the accused in pre-trial imprisonment

the deprivation of liberty (section 74a of the Criminal Code), the Prosecutor shall promptly

the Court reasoned proposal on such a restriction. The proposal must contain, in particular,

specific information on the nature and the nature of the restrictions and must be justified by the

the facts of the circumstances arising from the content of documents, which

the Prosecutor made the proposal at the same time to connect.



section 21



If the police authority argues its local jurisdiction, the Prosecutor he

saves the files submitted to superior police authority to the decision

the dispute.



section 22



The decision on the referral to another person, the most senior active in the police

authority



About the commandments of things to another person, the most senior active in the police authority under section

paragraph 174. 2 (a). (f)) code of criminal procedure, the public prosecutor shall decide by resolution

that will document the competent head of a police authority

instructs commissioned the investigation, another person for business operating in

the police authority; a copy of the resolution shall be sent to the attention of the person to whom the matter was

withdrawn. If the State prosecutor withdraws the thing the police authority and if the

measures to ensure that the thing was it another police authority [section 157, paragraph.

2 (a). (b)) code of criminal procedure], in accordance with the first sentence adequately.



section 23



Making copies of the file of the



Ask if the person referred to in section 65 paragraph. 1 the first sentence of the criminal procedure code

the State Prosecutor to get a copy of the file or its parts,

the Prosecutor, if the file to the Prosecutor's Office and the

If the copy of the file technically edit on the Prosecutor's Office.

Applications referred to persons about the lease file to make the copies outside the State

the Prosecutor's Office cannot be accepted.



The second section



The investigation of applications for mercy



section 24



(1) the basis for the decision on the request for the cessation of criminal prosecution

Grace discovers in the preliminary proceedings, the Prosecutor in the case

shall exercise the supervision of adherence to legality in preparatory proceedings.



(2) If a request for a pardon delivered directly to the Prosecutor, who

shall exercise the supervision of adherence to legality in preparatory proceedings, shall

the Prosecutor within five days of receipt of the request message

on submission, the Ministry of Justice. The report shall indicate who, for

who and the reasons for requesting a pardon and what is the status of the

preliminary proceedings. The applicant of the receipt of the request for clemency in writing

notify.



(3) the task of the public prosecutor, if not already in the preparatory

management is to identify the personal, family and property, reputation

and to clarify the truth of the alleged reasons for the granting of pardons.



(4) the investigation referred to in paragraph 3 is not opposed to the criminal prosecution, unless it

ordered the President of the Republic (art. 366 (3) of the Criminal Code) or the Minister

Justice (section 367 of the Criminal Code).



§ 25



(1) report on the outcome of the investigation, its proposal, along with investigative

writings and with the materials of the newly acquired shall submit to the head of the public prosecutor

The Ministry of Justice.



(2) if the public prosecutor, who has collected the documents for
decision on application for mercy, to the conclusion that the request could not be

recommend, even if favourable circumstances have been identified, it shall immediately

a detailed report of the Ministry of Justice, which will decide whether it is

the investigation should be held.



(3) in cases in which the President of the Republic has reserved a decision on

request for mercy, to be always make an investigation under section 24 and submit

Criminal Justice Department files.



section 26



(1) if the request for a pardon was rejected, the State representative who

He found the documents for this decision, the accused or the applicant,

If it is a different person from the accused, the decision of the Minister

of Justice reject the application or communication from the Ministry of Justice

that the President of the Republic has granted a reprieve. Other than communication about

the material execution of the request cannot be granted.



(2) if it has been granted a reprieve, the Prosecutor must this decision

notify the accused in a manner that corresponds to the importance of the decision.

Summons of the accused, he shall communicate the decision content of Word of the President

Republic and remind him the obligation to behave so that showed good

the granting of pardons. Then the Prosecutor will deliver his copy of the accused

resolution on the cessation of criminal prosecution, ^ 5) that the accused

confirm. A copy of the resolution shall be sent to the Department of State representative also

Justice. These operations may also be carried out by the requested State representative.

If the accused is in custody, must be issued promptly to the command

the release of the.



(3) if the criminal prosecution Was stopped by the grace of President of the Republic under the

condition, monitors its compliance with State representative. Follows

in a similar way as in the monitoring of the accused after the decision of the State

representative on conditional cessation of criminal prosecution.



(4) after the expiry of every six-month period for which the condition is in the grant

Grace, the Prosecutor shall notify the Ministry of Justice

the results of the investigation.



(5) if found that the accused does not comply with the conditions under which it was

the grace granted to the Prosecutor, shall carry out the necessary investigation and outside time limit

referred to in paragraph 4 and shall submit the results of the investigation, together with the criminal

the writings of the Ministry of Justice.



(6) if the Ministry of Justice, that it was decided to

the continuation of the criminal prosecution, the State representative of the resolution decides that the

in the prosecution of the accused continues, and a copy of this resolution to

shall send the Ministry of Justice.



The third section



Organizational security compliance with deadlines for the submission of the proposal for 48 hours on

custody detained persons and perform other tasks in the framework of the

availability (availability), State representative



section 27 of the



(1) in the non-business hours must be secured standby ^ 5a)

(availability) of at least one State representative district and regional

the Prosecutor's Office so that he could, if necessary, State representative

within 48 hours of the detention of the accused brought before the Court a proposal for withdrawal

the accused into custody ^ 5b) or the proposal to punish the detainee

the suspect, whom the Prosecutor did not fire from detention, but passes the

it to the Court together with a proposal for punishment, or decided to start

criminal prosecution, in order to present to the Court a proposal for a decision on the custody

the accused detainee. ^ 5 c) of the regulation on ^ 5a)

(accessibility) of the public prosecutor of the high public prosecutor's Office

or the Supreme Public Prosecutor's Office will decide in justified

cases, the Chief State Prosecutor or the Attorney General. The head of the

the public prosecutor may decide on the regulation on ^ 5a)

at least one employee in the administrative apparatus of the vocational

the Prosecutor's Office; such standby staff

vocational administrative apparatus in the Prosecutor's Office is not

need to ensure, in the case when the Prosecutor, which was working

emergency (reachability) ordered expressly declares that it shall ensure

acts in the course of work, availability (availability) itself.



(2) in the context of accessibility State representative ensures the implementation of other

acts of criminal procedure required for the submission of the proposal to issue a command to

a search warrant for the interception and recording of telecommunications,

detention and opening the mail, or on the provisions of the defence counsel, if their

the implementation does not tolerate delay.



(3) the Prosecutor is in the framework of availability (availability)

required to ensure the implementation of the tasks of the public prosecutor's Office and in the context of

with the preparatory proceedings by the General inspection of security forces

or in connection with the investigation and shortened preparatory proceedings in

cases of criminal acts of members of General safety inspections

forces, members of the security information service, the members of the authority

for foreign relations and information, members of the military intelligence,

members of the military police and the staff of the Czech Republic included the

the performance of the work in the General inspection of the security forces (section 10); for this

the purpose of the State representatives of the classification in the availability of required

provide effective assistance. Performs such act Attorney

other than the public prosecutor's Office of the public prosecutor of the competent

for the performance of supervision of adherence to legality in preparatory proceedings instituted

General inspections of the security forces or to proceedings for crimes

the deeds of the members of the General inspection, the security forces, members of the

Security information service, members of the Office for foreign relations

and information, members of the military intelligence, members of the Military

the police and the staff of the Czech Republic qualified for the performance of work in the

The General inspection of the security forces, shall refer the matter without delay

factually and locally competent public prosecutor's Office for further proceedings.

Copy of the decision or proposal, or other measures, which in this case

such prosecutors made at the same time, send a note to the

representatives, which is responsible for the performance of supervision in these matters.



(4) After a period of availability (availability) is a State representative

obliged to stay under decision of the head of the State Prosecutor to

workplace or in the home.



section 28



(1) the Chief Public Prosecutor shall notify to the competent court and the permanent service

the competent Directorates of the police of the Czech Republic in the State

the Prosecutor's Office (address) of the location where the shortcut will be specified by the State during the

availability (availability), and phone number

the relevant station. The document specified by the public prosecutor's Office for

availability (availability) delivered to the headquarters of the State

the Prosecutor's Office, if the head of the public prosecutor with the Director of the territorial

Department of the police or the public prosecutor, who is working

emergency (the availability of), with the relevant police authority within

Another method of delivery of documents for public prosecutor's Office.



(2) the head of the public prosecutor in ensuring the accessibility of the coordinates

your progress with other law enforcement agencies in criminal proceedings, so that the

guaranteed mutual awareness among the police, prosecutors and

the judges, who decide in the preparatory proceedings.



PART THE THIRD



REPRESENTATION OF AN ATTORNEY IN THE PROCEEDINGS BEFORE THE COURT



section 29



the title launched



The Attorney General may delegate to the public prosecutor of the Supreme

the Prosecutor's Office or the public prosecutor acting on

the Court, which is being discussed his proposal on the opening of the proceedings, to act for the

the appellant in the proceedings before the Court the ^ 5 d).



PART THE FOURTH



The procedure for the prosecution in the investigation of complaints complaints

for violation of law



HEAD FIRST



General provisions



section 30



(1) the provisions of this section shall be used in the investigation of complaints to submit

complaint for violation of the law, which are the public prosecutor's Office

addressed or referred to unless otherwise specified.



(2) the special rules governing the handling of complaints to ^ 6)

investigation of complaints complaints for violation of the law, of course.



THE HEAD OF THE SECOND



Initiatives in criminal matters



The first section



The initiative of the



section 31



The initiative to lodge a complaint for violation of law



(1) the filing of a complaint for a breach of the law in a criminal case is

the filing, which podatel calls for review of the legality of the final

decision authority participating in criminal proceedings, against which the Minister

Justice under the criminal procedure code, a complaint for violation of

Bill, 7) and the remedy ^ ^ any illegality of a decision cannot ensure

According to the other provisions of the code of criminal procedure. Is the submission, which podatel

points to the illegality of the management procedure, on whose basis was such

the decision has been made.



(2) whether the filing of such a stimulus, must be assessed in accordance with its

the content, not the label. The initiative must be perceptible, who it serves,

designation of the decision of the Court or the authority of the preparatory proceedings of the criminal,

whose illegality is namítána, and in what is seen as a violation of the law.

If the submission does not have any of these terms, and if not, even after

the warning added, the public prosecutor's Office is responsible for its
the execution postponed, that inform.



(3) if the public prosecutor's Office received the submission of the accused a marked

as a stimulus to complaint for violation of the law and comes into account

filing appeal ^ 7a) against such decision, the public prosecutor's Office

instruct that the possibility of challenging the decision of mansfeld and at the same time he

that filing also does not address.



The procedure for the adoption of initiatives to lodge a complaint for violation of law



§ 32



(1) the public prosecutor's Office shall inform the sender of the receipt of the complaint to the

the filing of a complaint for a breach of the law, which was addressed to him, or

referred to the authority for the execution of the initiative, and at the same time celebrated before an incompetent

the sender that his execution will be notified in writing

The Ministry of Justice. The notification referred to in the previous sentence the State

the Prosecutor's Office, has not sent to the Ministry of Justice or

the State Prosecutor's Office, to whom the complaint was addressed, and that is not to his

the execution of the corresponding.



(2) if the proceedings in the criminal case on the proposal for renewal of the authorisation procedure

or constitutional complaints concerning the accused, which is the initiative of the

concerned, the Prosecutor shall forward the complaint without any further control of the Ministry of

Justice and inform the sender.



(3) if the proceedings are terminated by the issue of dovolací decision dovolacího

the Court, the public prosecutor's Office does not examine the incentives that are factually

the same with the mansfeld attorney or representation

the Attorney General to appeal the accused, where appropriate, with

the accused lodged in mansfeld in the matter in which the public prosecutor's Office

dovolacího participated in the proceedings. Such a complaint shall forward without further proceedings

with the proposal to postpone the Ministry of Justice and attaches copies

instruments, from which these facts arise, and at the same time it shall inform the

the result of the dovolacího control. This does not apply if, at the initiative of the complaint

illegality is not the reason for the application of the appeal; such a thing of State

the Prosecutor's Office shall be reviewed.



(4) If, in a criminal case, in which the complaint was filed, the procedure for

the appeal in respect of the accused person, to which the complaint relates, the State

Prosecutor's Office does not review things, about this fact

shall without delay notify the Ministry of Justice and waits for the settlement

the result of the initiative of the dovolacího control. As it progresses, even in matters

that would otherwise be due to the content of the examination of the conformity of the complaint with the mansfeld or

the expression to the appeal, the Ministry of Justice for further

driving without a review of the case (paragraph 3). This does not apply if the complaint

illegality cannot be the reason for the successful application of the appeal.



(5) the procedure referred to in paragraph 4 is excluded in cases in which the State

the prosecution of him available reference material it finds clear

violations of the law to the detriment of the accused, which could lead to a change

the stimulus of the contested decision. Such a thing shall submit without delay to the

The Ministry of Justice with a proposal for further action and connects all

evidence available, which is in the time available, and the proposed

the procedure warrants.



section 33



If the content of the initiative to lodge a complaint for a breach of the law at the same time

notification of the facts showing that the body active in criminal

management has committed a criminal offence, which could not decide on the basis of the

the existing reference material, send a copy of the complaint, State representative

factually and locally competent public prosecutor's Office to investigate.

At the same time to assess whether there are reasons to reconsider the matter to

then, when a criminal complaint will be dealt with. On the examination of the notification, the

the provisions of section 17 shall be used.



The second section



launched



§ 34



cancelled



section 35



cancelled



section 36



cancelled



§ 37



cancelled



The third section



The procedure for receiving and reviewing the merits tests are applied to the submission

complaint for violation of law



section 38



cancelled



section 39



On the regional, and the Supreme Chief of the Prosecutor's Office is excluded from

review of the merits tests are applied to lodging a complaint for violation of law

the Prosecutor in the case, which he exercised supervision in pre-trial or

He handed the indictment or was active in the proceedings before the Court, and on the one

that in the matter of exercise of supervision or held investigations or abbreviated

the preparatory proceedings. The other reasons for exclusion shall be, mutatis mutandis, the provisions of

§ 30 paragraph. 1 of the criminal procedure code. If the Prosecutor excluded, shall determine the place

to him, another Attorney of the same immediately superior State

the Prosecutor's Office.



section 40



The State Prosecutor's Office shall be reviewed on the basis of the complaint, to lodge a complaint

for violation of the Act, the legality of the entire decision, as well as management, which

prevent, and in relation to the person in whose favour or disadvantage is

the complaint filed. In relation to other persons is the review procedure carried out

within the meaning of the provisions of section 266, paragraph. 3 and section 267, paragraph. 5 of the code of criminal procedure, and it

to the extent provided for in § 269, paragraph. 2 the last sentence of the criminal procedure code.



§ 41



cancelled



section 42



The public prosecutor's Office, that the justification for the initiative to submit a

complaint for breach of the law review, must be clearly listed

all the facts and findings relevant to the assessment of the case and

legal considerations governing the Prosecutor drove in the execution of the initiative,

If it does not have drawn up an outline of a complaint for violation of

the law.



The fourth section



The execution of the initiative



§ 43



(1) if the prosecution Finds after reviewing things the reason for

the filing of a complaint for a breach of the Act, the Minister of Justice shall submit to the

the proposal to postpone the initiative, stating, how to deal with the objections

referred to in the complaint, to lodge a complaint for violation of the law.



(2) If examination of documents found the reasons for the submission of

complaint for violation of the law, the public prosecutor's Office shall prepare an outline

complaint for violation of the law, which shall be submitted for decision to the Minister

Justice. This shall not apply if it is established that in the case comes in the account

the filing of an appeal. ^ 7a)



(3) to the proposal referred to in paragraph 1 or pursuant to paragraph 2, the State outlined

the Prosecutor's Office joins the initiative to lodge a complaint for violation of the law and

all filing material that merits tests are applied for the assessment of the initiative

the importance of.



§ 44



cancelled



The fifth section



A recurring complaint



section 45



(1) the repeated encouragement to lodging a complaint for violation of the law is

the filing, which podatel calls for review of the legality of the decision

referred to in section 31, paragraph. 1 after what has been the legality of such

the decision on the basis of a complaint lodged in the same case, if it does not contain

the new reality.



(2) the repeated encouragement to lodging a complaint for violation of law

the State Prosecutor's Office does not deal with substantive or sender of the nevyrozumívá

its adoption. It shall be forwarded without examination of the Ministry of Justice and the

refers to its previous proposal or outline in this matter.



The sixth section



Review of criminal cases on the initiative of the public prosecutor



section 46



(1) the public prosecutor's Office, which has been active in the matter, may own

initiatives or regional public prosecutor's Office may, on the initiative of

the District Public Prosecutor's Office to review the criminal case, in which

arise from doubts about legality of the final decision of the Court or

the public prosecutor or his previous management, and to the extent section 40,

without the restrictions referred to in the second sentence, subject to specific regulation

otherwise.



(2) the higher public prosecutor's Office can perform on their own initiative

the review procedure in matters in which they are to review procedures otherwise

the respective lower State Prosecutor's Office.



(3) if the prosecution finds reason to lodge a complaint for

violations of the law, an outline of the processes of this complaint, which shall submit to the

the Minister of Justice for decision, it shall proceed in accordance with section 43, paragraph.

2, 3, mutatis mutandis; otherwise the observation.



(4) if the prosecution establishes that, in the criminal case, in which

arise from doubts about legality of the final decision of the Court or

the public prosecutor or his previous management, comes into account

the filing of an appeal, ^ 7a) pursuant to paragraph 3 sentence before the semicolon does not flow.



THE HEAD OF THE THIRD



Suggestions in rehabilitation matters



section 47



On the procedure for dealing with complaints and complaints for violation of

Act according to the law on judicial rehabilitation ^ 8) shall be used

the provisions of the second part of the title of this.



THE HEAD OF THE FOURTH



launched



section 48



cancelled



section 49



cancelled



the title launched



section 50



cancelled



section 51



cancelled



section 52



cancelled



section 53



cancelled



§ 54



cancelled



section 55



cancelled



PART THE FIFTH



THE PROCEDURE FOR THE PROSECUTOR'S OFFICE IN REVIEWING THE FINAL RESOLUTION

ON THE CESSATION OF CRIMINAL PROCEEDINGS AND TRANSFER THE CASE TO ANOTHER AUTHORITY, IN THE MANAGEMENT

Under section 174A of the CODE of CRIMINAL PROCEDURE



section 56



Complaint lodged against the final decision of the public prosecutor of the

stopping criminal prosecution or referral to another authority in the

criminal proceedings shall be assessed as a stimulus to the procedure pursuant to article 174a of the criminal

the order, unless otherwise specified.



§ 57



If the Supreme Public Prosecutor's Office complaint against
the final resolution of the Prosecutor to halt criminal prosecution

or a referral to another authority after the expiry of the period referred to in section

174A of the code of criminal procedure, shall execute it as a stimulus to the filing of the complaint for

violations of the law. Follows, according to the head of the second section of the first to

the fifth, mutatis mutandis.



PART SIX



The APPEAL of the



section 58



The Supreme State Prosecutor's Office is entitled to in proceedings on appeal

require the filing of any material from the lower State

the Prosecutor's Office and requested the prosecution is obliged to such

to comply with the request without delay.



section 59



If, within the period provided for in § 265e paragraph. 1 of the criminal procedure code delivered

submission of the public prosecutor's Office authorised the filing of an appeal (section

265d paragraph. 1 of the Criminal Code), which are invoked the fact that

may be infected, but the filing does not satisfy the mansfeld Essentials

the appeal (article 265d, paragraph 2, first sentence, section 265f (1) of the criminal procedure code),

the State Prosecutor's Office, such submission shall immediately return to the podateli

a brief lesson in terms of appeal.



Selected provisions of the novel



Article II of the Decree No. 311/2000 Sb.



The transitional provisions of the



In cases in which a criminal prosecution has been initiated or carried out

before the commencement of a prosecution before the effect of this order and

preliminary proceedings were not completed, proceed according to the previously applicable

legislation; This does not prejudice the right of the Supreme Public Prosecutor's Office, to

decided that with regard to the severity of the findings, or the legal

complexity takes to exercise supervision of adherence to legality in

preliminary proceedings or to operations before you begin criminal prosecution by

lower State Prosecutor's Office in its circuit any thing referred to

in section 15, paragraph. 1.



Article. (II) Decree No. 7/2010 Sb.



The transitional provisions of the



In the cases referred to in section 15, paragraph. 1 (a). 4 of Decree No. 23/1994 Coll.

in the texts of the effective to date of the entry into force of this order, in which, at the date

the effectiveness of this Ordinance held high public prosecutor's Office,

control completes the existing legislation.



Article. (II) Decree No. 462/2011 Sb.



The transitional provisions of the



The decision about which the police authority is competent to continue the

criminal proceedings conducted to date 1. January 2012 Police Department

Republic on the criminal offence of the customs officer, a member of the prison service of the Czech

of the Republic, or the employee of the Czech Republic qualified for the performance of work

in the customs administration of the Czech Republic, the prison service of the Czech Republic, or

the police of the Czech Republic, the State representative district

the Prosecutor's Office, which would have been competent to exercise supervision

over criminal proceedings, if the management led the General inspection

security forces.



Article. (II) Decree No. 4/2014 Sb.



The transitional provisions of the



In the cases referred to in section 10, paragraph 1. 2 and 3 Decree No. 23/1994 Coll., in

the texts of the effective to the entry into force of this Decree, the control completes the

According to the existing legislation.



Article. (II) Decree No 263/2015 Sb.



paid



1) § article 174a of the code of criminal procedure.



1A) Section 12d of the paragraph. 1 (a). 2 the first sentence of the Act No. 283/1993 Coll., on the

the Prosecutor's Office, as amended by the Act No. 14/2002 Sb.



1B) Section 12d of the paragraph. 2 the second sentence. 3 of Act No. 283/1993 Coll., on the State

the Prosecutor's Office, as amended by the Act No. 14/2002 Sb.



1 c), for example, section 174a, 265d, 389a criminal procedure.



2) section 10 of the Act.



section 12, paragraph 2). 2 (a). (b)), i), section 161, paragraph. 3. 5 (a). and criminal)

of the order.



2A) section 179a of the paragraph. 2 of the code of criminal procedure.



Section 179, paragraph 2b). 1 of the criminal procedure code.



section 158 paragraph 2 c). 12 of the code of criminal procedure, as amended by Act No. 341/2011 Sb.



2D) section 161, paragraph. 4. 5 (a). (b)) code of criminal procedure, as amended by Act No.

341/2011 Sb.



2E) § 179a paragraph. 3 of the code of criminal procedure.



section 11, paragraph 3). 2 of the Act.



3A) section 158, paragraph. 3 the first sentence of the criminal procedure code.



3B) § 158b to 158f criminal procedure.



§ 8 paragraph 3 c). 2 of the Act No. 283/1993 Coll., on the public prosecutor's Office.



3D) section 179b paragraph. 4, § 179f paragraph. 2 (a). and the code of criminal procedure).



3E) section 129 of the Act No. 40/2009 Coll., the criminal code, as amended by Act No.

306/2009 Sb.



3F) section 233, paragraph. 3 (b). and) (a). 4 (b). and) of the criminal code.



3 g) section 233, paragraph. 3 (b). (b)) (a). 4 (b). (b)) of the criminal code.



3 h) Convention for the Suppression of counterfeiting currency, proclaimed under no. 15/1932 Sb.



3i), section 20 (2). 1 of the criminal procedure code.



3j) § 23 paragraph. 1 of the criminal procedure code.



4) section 158, paragraph. 2, § 59, paragraph. 2 to 4, § 163, paragraph. 2, § 163a of the criminal

of the order.



4A), for example, section 7 et seq.. Act No. 154/1994 Coll. on Safety

information services.



§ 146 paragraph 4b). 2 (a). and the code of criminal procedure).



section 172, paragraph 5). 1 (a). (d)) and section 11 (1). 1 (a). and the code of criminal procedure).



5A) § and § 95 paragraph 83. 5 of the labour code.



5B) section 68, paragraph. 1 of the criminal procedure code.



5 c) section 179e criminal procedure.



5 d) section 62 and 62a of the Act on the family.



section 66 paragraph. 2 the administrative judicial procedure.



6) Government Decree No. 150/1958 Ú.l., about the handling of complaints, notification and

incentives for workers.



7) section 266 of the criminal code.



7A) of section 265a, 265b and 265e criminal procedure.



section 30, paragraph 8). 2 Act No. 119/1990 Coll., on the judicial rehabilitation as amended by

Act No. 47/1991.