Amendment Of The Rules Of Procedure Of The Public Prosecution Service

Original Language Title: změna vyhlášky o jednacím řádu státního zastupitelství

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=81378&nr=4~2F2014~20Sb.&ft=txt

4/2014 Sb.



DECREE



on 2 December. January 2014,



amending the Decree of the Ministry of justice no. 23/1994 Coll., on

the rules of procedure of the prosecution service, the establishment of branches of some of the

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

aspirant, as amended



The Justice Department determined in accordance with section 40 of Act No. 283/1993 Coll., on the

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

192/2003 Coll. and Act No. 79/2006 Coll.:



Article. (I)



The change of the public prosecutor's Office



Decree No. 23/1994 Coll., on the public prosecutor's Office's rules of procedure,

the establishment of branches of some of the prosecutorial and details of

operations carried out by aspirant, as amended by Decree No. 265/1997

Coll., Act No. 218/1998 Coll., Decree No. 311/2000 Coll., Decree No.

185/2001 Coll., Decree No 468/2001 Coll., Decree No. 88/2005 Coll.

Decree No. 252/2007 Coll., Decree No. 7/2010 Coll. and Decree No. 462/2011

Coll., is amended as follows:



1. In section 10, paragraph 1. 2, the words "of the District Public Prosecutor's Office for Prague

1 "shall be replaced by the words" the regional State Prosecutor's Office, which

the jurisdiction shall be determined in accordance with § 12, 14 and 16 ".



2. In section 10, paragraph 1. 3 the words "Municipal Public Prosecutor's Office in Prague"

replaced by the words "Supreme Public Prosecutor's Office".



3. in article 15, paragraph 1, the following paragraph 2 is added:



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

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

offence of negligence under section 215 of the criminal code, legalization

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

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

the competent public prosecutor of the Supreme Public Prosecutor's Office, in whose

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

appropriate, if the source is a criminal offence of the criminal

the acts listed in paragraph 1. ".



Paragraphs 2 to 4 shall become paragraphs 3 to 5.



4. in article 15, paragraph 2. 3, the words "paragraph 1" are replaced by the words "in paragraphs

1 and 2 "and the words" and to operations before you begin criminal prosecution "

shall be deleted.



5. in article 15, paragraph 3 shall be added at the end of the sentence "If the exclusion

case of joint management and for such things is not the jurisdiction of further

given the high public prosecutor's Office in accordance with paragraph 1 or 2,

the Director of public prosecution service with the prior consent of the Supreme State

representative decide it is competent to exercise supervision of the

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

required to refer the matter without delay to the competent State materially and locally

the Prosecutor's Office. ".



6. in article 15, paragraph 2. 4, the words "in paragraphs 1 and 2 shall be replaced by in

paragraphs 1 to 3 ".



7. In article 20, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



8. in section 27, paragraph 3 reads:



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

obliged to secure the performance of the tasks and the State Prosecutor's Office in the context of

the preparatory proceedings by the General inspection of security forces

or in connection with the investigation, and a preparatory procedures in the short

cases of criminal acts of members of the General Inspectorate of security

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

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

members of the Military police and the staff of the United States included to the

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

the purpose of the public prosecutors are inclusion in the availability of required to

provide effective assistance. Performs such an act if the Prosecutor

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

to exercise the supervision of adherence to legality in preparatory proceedings

The General inspection of security forces or to proceedings for crimes

the deeds of the members of the General Inspectorate of 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

Police and employees of the United States included to work in

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

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 a note at the same time, it shall send to the

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



9. § 46 paragraph 1 and 2 shall be added:



"(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, doubts about legality of final decision of a court or

the public prosecutor or his management of the previous, in the scope of § 40,

without limitation, referred to in the second sentence, unless the special provisions

otherwise.



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

the review procedure even in cases in which they are to review procedures otherwise

appropriate lower prosecution service. ".



Article. (II)



Transitional provision



In the cases referred to in § 10 (1). 2 and 3 Decree No. 23/1994 Coll., on

the texts of the effective entry into force of this order, the procedure finishes

According to the existing legislation.



Article. (III)



The effectiveness of the



This Decree shall take effect on the 15th day following its publication.



Minister:



Mgr. B in r.