On Salary And Some Other Elements Of The Prosecutors

Original Language Title: o platu a některých dalších náležitostech státních zástupců

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=45504&nr=201~2F1997~20Sb.&ft=txt

201/1997 Coll.



LAW



of 31 March 2004. July 1997



on salary and some other elements of the prosecutors and amending and

supplementing Act No. 143/1992 Coll., on salary and remuneration for work

stand-by in budgetary and certain other organizations and

bodies, as amended



Change: 155/2000 Coll.



Modified: 14/2002 Sb.



Change: 279/2002 Sb.



Changed: 425/2002 Sb.



Change: 420/2002 Sb.



Change: 192/2003 Coll.



Change: 309/2002 Coll.



Change: 630/2004 Sb.



Change: 626/2004 Sb.



Change: 261/2007 Coll.



Change: 261/2007 Coll. (part)



Change: 418/2009 Sb.



Changed: 425/2010 Sb.



Change: 347/2007 Sb.



Change: 332/2014 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



SALARY AND SOME OTHER ESSENTIALS OF PUBLIC PROSECUTORS



§ 1



In this part of the Act regulates the salary and some other requirements associated with the

the performance of the functions of the public prosecutor.



§ 2



(1) the public prosecutor belongs to a salary for their work.



(2) the public prosecutor, which required by this Act, shall also

natural performance.



§ 3



Salary



(1) salary is eligible provided monthly in the amount and under the conditions

laid down in this law.



(2) the Salary shall be determined as the product of the salary base and the salary of the coefficient

determined according to the number of years of creditable experience (hereinafter referred to as "the practice") and

the degree to which the public prosecutor's Office, Prosecutor

assigned to "^ 1"), or translated, ^ 2) unless otherwise provided by this Act. Salary is

rounded up to $ 100 and up.



(3) the salary base is 90% of the salary base laid down for judges in

the Act laying down the salaries of the judges ^ 21). The amount of the salary base for

the calendar year announced by the Ministry of labour and Social Affairs

in the collection of laws of the notice. ^ 3)



(4) the Salary factor under paragraph 2 shall be determined to the Prosecutor

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the district regional high

the State of State of the State

the Prosecutor's Office Prosecutor Prosecutor's Office

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0.88 0.96 1.05 to end 5. of the year

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from the beginning, 1.01 1.09 1.17 6. of the year

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from the beginning, 1.14 1.26 1.33 9. of the year

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from the beginning, 1.22 1.35 1.47 12. of the year

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from the beginning, 1.30 1.44 1.60 15. of the year

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from the beginning, 1.35 1.53 1.68 18. of the year

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from the beginning, 1.39 1.56 1.72 21. of the year

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from the beginning, 1.43 1.59 1.75 24. of the year

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from the beginning, 1.46 1.64 1.80 27. of the year

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from the beginning, 1.51 1.67 1.84 30. of the year

------------------------------------------------------------------



(5) the Salary rate laid down in paragraph 4, the increases



and the District Public Prosecutor of the district), the public prosecutor's Office with

a maximum of 10 scheduled public prosecutors about 0.22 and with more than 10

prosecutors planned a 0.25,



(b) the Deputy Public Prosecutor of the district), a district of the State

the Prosecutor's Office with a maximum of 10 scheduled public prosecutors about 0.09 and with

more than 10 scheduled public prosecutors about 0.11,



(c) the regional public prosecutor of) 0.40,



(d) the Deputy Director of the regional public prosecutor) of 0.18,



(e) to the head of Department of the regional State) Prosecutor's Office about 0.09,



(f) the Chief Public Prosecutor of) 0.50,



(g)) the Deputy Director of public prosecutions about 0.26,



(h) the Director of the Department of the Chief) Prosecutor's Office about 0.12,



and the head of Department Chief) Prosecutor's Office about 0.07.



(6) to the Prosecutor, Prosecutor's belongs to the salary

the specified level of the base pay of a coefficient of 1.84. Salary

the coefficient is increased



and the Director of the Department) the Supreme State Prosecutor's Office about 0.23,



(b)) to the head of Department of the Supreme Public Prosecutor's Office 0.15.



(7) the Supreme Public Prosecutor belongs to a specified level of base salary

pay by the factor of 2.71.



(8) the Deputy of the Attorney General's salary from the specified belongs to

the salary base coefficient of 2.27.



(9) from 1. January to 31. December 2010, makes 96% of the salary of the public prosecutor

salary under this Act and according to the article. The Act No. 261/2007 Coll.



section 3a



The salary base in 2011



From the 1. January 2011 until 31 December 2006. December 2011 shall be the salary base $ 46 557.



§ 4



Salary in representing



To the Prosecutor that at the command of the head of the public prosecutor's Office

represents the full range of activities for a period of longer than four weeks

absent a prosecutor enforcing higher function belongs from

the first day representing an increase of the coefficient provided for in § 3 (1). 5 or

6 for the function by the public prosecutor; the present increase in the

the coefficient referred to in § 3 (1). 5 (b). a) to (i)) and pursuant to § 3 (2). 6 (a).

a) and b) to the Prosecutor for representation does not belong. Increase

coefficient does not belong, is a representation of a part of the job duties

the public prosecutor.



§ 5



Salary on temporary assignment



to the performance of the duties of the public prosecutor



(1) for a period of secondment to perform functions to another State

the Prosecutor's Office ^ 4) belongs to the Prosecutor present salary or salary,

He belonged to the performance of the duties for which the performance was to

temporarily assigned to another public prosecutor's Office, if this salary

higher.



(2) during the temporary assignment of the State Prosecutor for the performance of functions to

any other body or organization ^ 4) belongs to the Prosecutor so far

salary. In the case of an authority or an organization established outside the territory of the United

the Republic belongs to the Prosecutor present salary, if the reward for him

performance abroad does not provide authority or organisation to which the

temporarily assigned.



§ 6



the title launched



(1) a Prosecutor's salary determined by taking into account any work

overtime. ^ 5) this does not apply to overtime held at night ^ 5a) and on the day

holiday. ^ 5b)



(2) hour of overtime referred to in paragraph 1 the second sentence belongs

Prosecutor salary determined pursuant to § 3 per

hour of work without overtime in the calendar month in which the work

overtime was increased to 50% of average hourly earnings, if

prosecutors with the head of the public prosecutor the relevant State

the Prosecutor's Office agreed to provide compensatory time off instead of pay for

to work overtime. For the period of compensatory leave, salary do not truncate.

Does not provide the head of the public prosecutor to the Prosecutor

compensatory time off at the time of the three consecutive calendar months of

overtime work or otherwise agreed upon time, belongs to the

representatives of the portion of the salary and the increase referred to in the first sentence.



§ 7



Practice



(1) The number of years of experience applicable to the determination of the salary coefficient

According to § 3 (2). 4 counts



and period of performance of functions) of the public prosecutor, ^ 6) ^ 7) and of the Prosecutor

investigators of the Attorney, ^ 7)



(b) legal practice) time journeyman's trainee ^ 8) and legal trainee

Public Prosecutor's Office, ^ 9)



(c)) the public prosecutor proven time other legal practice after obtaining the

a complete legal education of higher education.



(2) the period during which the Prosecutor could not perform the function

Prosecutor ^ 7) or the public prosecutor's Office investigator ^ 7) for the reasons given in the

a special law, ^ 10) is assessed as the time referred to in paragraph 1 (b). and).



(3) for reasons worthy of special consideration, the Minister of Justice

set off by the time practice as well as other times.



(4) until the practice referred to in paragraph 1 shall be included also a period



and military base) (replacement) ^ 11) service and civilian service ^ 12)

within the scope of a special law for the performance of the military base

(replacement) service,



(b) maternity and parental leave) ^ 13) or permanent custody of the child or children

to the extent corresponding to the length of the maternity and parental leave in force at the

the time of that care according to special regulations, ^ 14) if the Prosecutor

at the same time nepřipravoval in the daily study of the ^ 15) on the profession, or

personal care about suffers a minor child with a disability

that require special care, if it has not been placed in an institution for

such children, but not in the total range of six years and



(c) other excusable) time absence from work not exceeding a total of three

the months in a calendar year.



(5) during the evaluation of the practices to increase the salary of the coefficient a

representatives of the District Public Prosecutor's Office of 1.01 on 1.14, regional

the Prosecutor's Office of the Chief 1.09 1.26 and State

the Prosecutor's Office from 1.17 on 1.33 can follow the previous

provisions only under the condition that the Prosecutor in the course of

actually he was the State zástupce6) for at least three years,


to which do not count towards the period referred to in paragraph 4. To satisfy the condition

provided for in the first sentence belong to the Prosecutor of the district public

Prosecutor's salary a specified level of the base pay of a coefficient in the

of the regional State Prosecutor's Office, 1.01 of 1.09 and high

the Prosecutor's Office of 1.17. After the decisive time

determined in accordance with the procedure laid down in paragraphs 1 to 4.



§ 8



cancelled



§ 9



Salary when the suspended execution of the Office of the public prosecutor



(1) during the period of the temporary exemption of duties under a special legal

prescription ^ 16) it is for the Prosecutor to 50% of salary, which was

the public prosecutor to the effective date of a temporary exemption from the performance of the duties and

for the duration of the temporary waiver of the performance shall be entitled, subject to the

This special legislation provides otherwise.



(2) if there were no reason for that was the State prosecutor suspended

performance of functions, to the demise of the public prosecutor, ^ 17) the unpaid part of the

salary plus an additional salary if it would otherwise to the Prosecutor

be entitled to pay the price; This does not apply if the State Prosecutor was finally

convicted of a crime.



§ 9a



cancelled



§ 10



Natural performance



(1) Natural performance benefits and services are provided or

paid for by the public prosecutor to the extent and under the conditions set out below.



(2) the Supreme Prosecutor and the Deputy Prosecutor

representative grantor belongs to a transaction relating to the establishment and use of one

subscriber telephone station.



(3) the Supreme Public Prosecutor belongs on natural performance

of the use of the service car with driver or without him for the performance of

function, or in relation to it and to the personal present, Undersecretary

the Supreme State Prosecutor in kind consisting in the use of

leaving the car with driver or without him for the performance of a function or in

connection with him and to allow contact with the family.



(4) the Chief Public Prosecutor belongs in kind consisting in



and of the staff regulations) the use of a car with driver or without him for the performance of a function or

in connection with it and to allow contact with the family,



(b)) the establishment and use of one Subscriber to the telephone station.



Common provisions



§ 11



(1) the public prosecutor belongs to the salary from the date of employment in the

the function of the public prosecutor in the trial.



(2) the public prosecutor belongs to a higher salary coefficient from the first day

the calendar month in which it reached the length of the practice set out in § 3 (1). 4.



(3) a Prosecutor shall belong to increase the salary of the coefficient referred to in § 3

paragraph. 5 (b). a) to (i)) and pursuant to § 3 (2). 8 (a). a) and b) from the first day

the calendar month in which the fact that bases

eligible for this increase. Ceases on the last day of the calendar month,

in which the removal of the fact to justify the increase of the salary of the coefficient.



§ 12



The Supreme State Prosecutor, the Deputy Prosecutor General and

the Chief Public Prosecutor belongs in kind performance from the date of appointment to

These functions until the day the appeal of these functions.



section 13 of the



(1) the salary and other essentials provides to the Prosecutor of the State

the Prosecutor's Office, for which the Prosecutor shall exercise its function in

employment relationship.



(2) the Salary is payable in the same terms as for employees

^ 18) ministries.



(3) deductions from salary can be done only on the basis of the agreement on deductions from the

salary. Without this agreement, you can knock out of the salary amounts for the same exclusively

Therefore, and in the same range and order as for employees

ministries. ^ 19)



(4) entitlement to the salary can be redeemed within three years from the date on which could be

applied for the first time. Entitlement to social benefits in kind performance terminates on the date of termination of the

function.



Transitional and final provisions



§ 14



The public prosecutor will take into account the effective date of this Act to the time

practice all the time, which were included under the previous legislation.



§ 15



If specific provisions that apply to the public prosecutor, contain

the provisions on the salary plan, surcharges and rewards, this means

salary under this Act.



section 16 of the



From the effective date of this Act shall belong to the Prosecutor's salary, other

salary and other essentials only in accordance with this Act. Other financial and

non-monetary transactions in connection with the performance of the functions of employment

the public prosecutor from this day does not belong with the exception of travel

refunds under special legislation. ^ 20)



§ 17



Shall be repealed:



1. the Government of the Czech Republic No. 254/1992 Coll., on salaries

prosecutors, investigators and Prosecutor's Office of the public prosecutor, legal trainees

as amended by regulation of the Government of the United States no. 442/1992 Coll., regulation of the Government

No 145/1993 Coll., regulation of the Government No. 61/1994 Coll. and Decree-Law No.

178/1995 Coll.



2. § 32 para. 2 and the second sentence of paragraph 1. 3 of the Act No. 283/1993 Coll., on the State

the Prosecutor's Office.



PART TWO



cancelled



section 18



cancelled



PART THREE



§ 19



This Act shall take effect on the first day of the calendar month

following its publication.



Zeman in r.



Havel in r.



Klaus r.



Selected provisions of the novel



Article. (L) Act No. 261/2007 Coll.



Transitional provisions



1. If the State Prosecutor Was temporarily unable to act before the

1 January 2008 and this temporary inability to perform functions after 31.

December 2007, provides his salary when the incapacity after 31 December 2006.

December 2007 according to the law effective at the date of 31. December

2007.



2. If the State Prosecutor Was temporarily unable to act before the

1 January 2009 and this temporary inability to perform functions after 31.

December 2008, provides his salary when the incapacity after 31 December 2006.

December 2008, according to the law effective at the date of 31. December

2008.



Cl.LI Act No. 261/2007 Coll.



Extraordinary measures in determining the salary of prosecutors in the years

2008 to 2010



1. to determine the salary of the



and the Prosecutor)



(b)), for which special legislation stipulates that it is the salary

provided as a public prosecutor ^ 1), between 2008 and

2010 it salary base of formal to 31. December 2007 ^ 2).



2. the provisions of section 3 (2). 3 of Act No. 201/1997 Coll., on salary and some

elements of prosecutors and amending and supplementing Act No. 143/1992

Coll., on salary and remuneration for stand-by duty in the budget and in the

certain other organisations and bodies, as amended

the regulations, as amended by Act No. 309/2002 Coll., in the period from 1. January 2008

until 31 December 2006. December 2010 shall not apply.



for example, section 16 1) para. 4 Act No. 201/2002 Coll., on the Office for

the Government representation in property Affairs, as amended by Act No. 626/2004

SB.



2) § 3 (1). 3 of Act No. 201/1997 Coll., on salary and some

elements of prosecutors and amending and supplementing Act No. 143/1992

Coll., on salary and remuneration for stand-by duty in the budget and in the

certain other organisations and bodies, as amended

the regulations, as amended by Act No. 309/2002 Coll.



Communication from the Ministry of labour and Social Affairs No. 583/2006 Coll., on

the announcement of the wage base for the determination of salary pursuant to Act No. 201/1997

Coll., on salary and some elements of the prosecutors and amending and

supplementing Act No. 143/1992 Coll., on salary and remuneration for work

stand-by in budgetary and certain other organizations and

bodies, as amended, in 2007.



1) § 19 para. 1 of Act No. 283/1993 Coll., on the public prosecutor's Office.



2) § 19 para. 2 and 3 of the Act No. 283/1993 Coll.



3) § 2 (2). 1 (b). e) of Act No. 309/1999 Coll., on the collection of laws and

Collection of international treaties.



4) § 19a of Act No. 283/1993 Coll., as amended by the Act No. 14/2002 Sb.



5) § 96 of the labour code.



5A) § 99 paragraph 2. 1 of the labour code.



5B) section 91 paragraph 2. 1 of the labour code.



6) section 18 of Act No. 283/1993 Coll.



7) § 37 et seq.. Act No. 60/1965 Coll., on the public prosecutor's Office, as amended by

amended.



8) section 33 of the Act No. 283/1993 Coll.



9) § 51 of Act No. 60/1965 Coll., as amended.



10) § 21 of Act No. 87/1991 Coll. on extra-judicial rehabilitation.



11) section 27 and 28 of Act No. 92/1949 Coll., military law, as amended

regulations.



12) Act No. 18/1992 Coll., on civilian service, as amended

regulations.



13) section 157 of the labour code.



14) Eg. Act No. 99/1948 Coll., on national insurance, as amended by

amended, law No 58/1964 Coll., of the increase in care of the pregnant

women and mothers, as amended, and the labour code.



15) section 20 (2). 1 and § 27a of the Act No. 29/1984 Coll. on the system of basic

schools, secondary schools and higher vocational schools (the Education Act), as amended by

Act No. 137/1995 Coll., section 29 of Act No. 172/1990 Coll., on universities.



16) section 22 para. 2 of the Act No. 283/1993 Coll., on the public prosecutor's Office, in

amended by Act No. 266/1994 Coll., Act No. 201/1997 Coll., Act No.

169/1999 Coll., Act No. 11/2001 Coll. and Act No. 14/2002 Sb.



17) § 21 para. 2 (a). b), c) and (e)) of the Act No. 283/1993 Coll.



18) § 16 and 17 of Act No. 143/1992 Coll., on salary and remuneration for work

stand-by in budgetary and certain other organizations and


bodies, as amended by law No 40/1994 Coll.



§ Article 10A(1). 6 the first sentence of regulation of the Government No. 256/1992 Coll., as amended by

amended.



19) section 18 of Act No. 143/1992 Coll., as amended. section 13 of the

Government Regulation No. 108/1994 Coll., implementing the labour code and

some other laws.



20) Act No. 119/1992 Coll., on travel compensation, as amended by Act No.

44/1994 Coll.



21) § 3 (1). 3 and § 3b of the paragraph. 2 of law no 236/1995 Coll., on salary and

other elements linked to the exercise of the functions of the representatives of the State

power and some State authorities and judges and members of the European

Parliament, as amended by Act No. 309/2002 Coll. and Act No. 425/2010 Sb.



*) Under section 1 of Act No. 269/1998 Coll. additional salary for the second half of 1998

was withdrawn.