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.
