Notification Of The Suspected Infringement In The Staff Of The Office

Original Language Title: oznamování podezření z protiprávního jednání ve služebním úřadu

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=84261&nr=145~2F2015~20Sb.&ft=txt

145/2015 Sb.



GOVERNMENT REGULATION



of 15 November 2004. June 2015



on measures related to the reporting of suspicions of committing

infringement in the staff of the Office



Government orders under section 205 (a). d) of Act No. 234/2014 Coll., on State

Service:



§ 1



Whistleblower protection



State employee who shall notify the suspect of committing illegal

the negotiations launched, a civil servant, another Member of staff, or

a person in prison service under any other law in the exercise of

the civil service, work or public functions or in connection with it by

procedure laid down in this regulation or any other law, (hereinafter referred to as

"notifier"), even anonymously, may not be in connection with this

the negotiations involved, disadvantaged or subjected to coercion.



Organizing of the notification of the infringement



§ 2



(1) the institution shall set up a



and as a rule in its immediate) subordination of business instead of the State

the employee who receives and investigates complaints, notifications in them

suspect (hereinafter referred to as "prošetřovatel"); If the staff authority, Government

Specifies the prošetřovatele of civil servants the exercise of State

service in the Office of the Government of the Czech Republic,



(b) the headquarters of the staff of the Office), and in the case of the Government, in the headquarters of the Office of the Government

The United States mailbox for receiving notifications in paper form;

the Clipboard must be publicly accessible, lockable, located so that

It was possible to make the notification in a manner that minimizes the possibility of detection

the identity of the notifier, and identified so as to disclose its purpose, and



c) an e-mail address to receive notifications in electronic form.



(2) information about who is prošetřovatelem, where is located the Clipboard

to receive a notification, and what is the e-mail address for the receipt of

notification in electronic form, it shall publish a business authority on

website of the staff of the authority, where appropriate, the other, in

the staff of the Office in the usual way, and in the case of the Government on the Internet

website of the Office of the Government of the Czech Republic.



(3) Prošetřovatel checks the contents of the Clipboard to receive a notification in the

paper and store electronic addresses data messages received

mail to receive notifications in electronic form every working day.



§ 3



(1) the Prošetřovatel accepts notifications and investigates in them

suspicion relating to a superior, State employee, other

employees, or persons in the service relationship pursuant to other legal

the regulation included in the staff of the Office in which it is intended

prošetřovatelem, and on the head immediately subordinate staff

Office or prošetřovatele in the immediately subordinate staff of the Office.



(2) the Prošetřovatel specified by the Government accepts and investigates complaints, notifications in them

contained suspicion relating to a member of the Government, Deputy Minister of the Interior

for government service, the head of the central public administration authority or

prošetřovatele designated by the Deputy Minister of the Interior for civil service

or the head of the central public administration authority.



(3) the Prošetřovatel specified by the Deputy Minister of the Interior for civil service

receives notifications and investigates suspected contained therein, relate to a

the head of the staff of the Office, which does not have a parent business Office

Secretary, personnel Director of the section for State service, or

the head of the staff of the Office of the designated prošetřovatele, which does not have a parent

Business Office, State Secretary or personnel Director of the section for

Government service.



(4) the Prošetřovatel specified by the personnel Director for the civil service

receives notifications and investigates suspected contained therein, relate to a

his superior, State employee, other employees, or persons in

prison service under other legislation included in the section for

Government service.



§ 4



The confidentiality of the identity of the notifier



Concealing the identity of the notifier, Prošetřovatel of the notification

so requests. Prošetřovatel procedures for examining so as not to

the disclosure of the identity of such of the notifier.



§ 5



Treatment of documents and their registration



(1) Business Office records the notice and related documents

a separate register of documents.



(2) Business Office shall keep a file that was created in the context of notification

separately from other files. Business Office provides for this file

discarding a period of 3 years.



(3) if so requested by the notifier for the secrecy of his identity, prošetřovatel inserts

the original of the notice or other documents that contain information from

which can be inferred the identity of the whistleblower, in a sealed envelope and for

the needs of the management shall prepare copies of them, in which the following information

znečitelní. Business Office will retain the envelope separately from the file for

discarding periods file.



(4) the tasks of the staff of the Office in accordance with paragraphs 1 to 3 in the case of notification, the

whose investigation is the prošetřovatel specified by the Government, and with them

related documents holds the Office of the Government of the Czech Republic.



(5) natural persons acting in the staff of the Office have to register

referred to in paragraph 1 and the case referred to in paragraph 2, for their leadership and

preservation in the staff office staff only access authority, and

prošetřovatel, in addition to the Department of the Government, and in the Office of the Government of the Czech

Furthermore, the head of the Office of the Government of the Republic of the United States. To register and file

concerning notification, to whose investigation the competent prošetřovatel

specified by the Government, for their leadership and persistence in the Office of the Government of the Czech

States access only the Prime Minister, head of the Office of the Government of the Czech

Republic and the prošetřovatel specified by the Government.



(6) the contents of the envelope referred to in paragraph 3 can be for its preservation in the

the staff of the Office to make available only for the purpose of criminal proceedings,

of judicial proceedings or administrative proceedings, if this is necessary to achieve the

their purpose.



§ 6



The time limit for the examination of the notification



Prošetřovatel examine the suspect within 20 days from the date of acceptance or

referral notice, and in particularly complex cases within 40 days from the date of

adoption or assignment notification.



Information about the course and results of the examination of the



§ 7



(1) the Prošetřovatel shall be drawn up of the progress and results of the examination of the written

message. If the investigation confirms the suspicion mentioned in the notification, the message

also includes a draft of the measures to be taken.



(2) if the prošetřovatel finds that the notified infringements

There may be a criminal offence, shall forward the notification

authority of the law in criminal proceedings. If prošetřovatel finds that the

notified of an infringement could occur for committing administrative

tort, shall forward the notification to the competent authority to

his discussion.



(3) Prošetřovatel send a report about the notifier, if he

I know. If the investigation confirms the suspicion mentioned in the notice,

prošetřovatel sends the message to investigate also the staff of the authority which

designated it prošetřovatelem, and in the case of prošetřovatele in the Ministry of

or in the Office of the Government of the Czech Republic, also a member of the Government or the head of

Office of the Government of the Czech Republic.



(4) the institution, Member of the Government and head of the Office of the Government of the Czech Republic

inform the prošetřovatele of the measures taken. Prošetřovatel inform the

of the measures taken, of which he was informed of the notifier.



§ 8



Prošetřovatel shall submit to the Ministry of the Interior through the staff regulations

the authority which designated it prošetřovatelem, to 1. be forwarded to the

the calendar year, a written report on its activities for the previous calendar

year. The report shall detail at least the total number of alerts, the number of notifications

that was passed to investigate another prošetřovateli, the authority of law

criminal proceedings or administrative authority competent to hear

the administrative offense, the number of ongoing examination, the number of terminated

investigate the deficiencies found and the measures taken by the authorities of the service,

members of the Government and the head of the Office of the Government of the Czech Republic on the basis of

the examination.



§ 9



The effectiveness of the



This Regulation shall enter into force on 1 January 2000. July 2015.



Prime Minister:



Mgr. Sobotka in r.



Minister of the Interior:



Inmate in r.