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.