462/2011 Sb.
DECREE
of 22 March. December 2011,
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. and Decree No. 7/2010 Coll., shall be amended as follows:
1. section 10 including title and footnote No 2-2e):
"§ 10
The scope of the public prosecutor's Office in criminal proceedings concerning offences
members of the General Inspectorate of security forces and its
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 security forces ^ 2), and to deal with things,
in which the shortened preliminary proceedings took place general inspection
security forces ^ 2a), the public prosecutor of the regional
the public prosecutor in cases which would otherwise be competent
the Prosecutor of the public prosecutor in the District of lower its
scope, if not stipulated otherwise. 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 matter forward to the Prosecutor, which would otherwise be
the ^ 2b), and to make decisions in the dispute about the jurisdiction of the venue operations
before you begin criminal prosecution between the General safety inspections
Corps and other police authority ^ 2 c).
(2) to the investigation of criminal offences committed by members of the ^ 2d) General
inspection of security forces, members of the security information
the service, members of the Office for foreign relations and information, members of the
Military intelligence, military police and staff members
The United States registered to work in the General inspection
security forces and to the ones on drafting these
^ crime 2e) is the competent State Prosecutor Circuit State
the Prosecutor's Office in Prague 1. It is also competent to represent the design on
the punishment, which in these cases filed, and a court other than the
which, if the thing has not transmitted to the Prosecutor, which would otherwise
He was competent.
(3) the public prosecutor of the municipal public prosecutor's Office in Prague is in
the matters referred to in paragraph 2, the competent to represent the prosecution in proceedings
even before another court, before which they operate, if the thing is not to
the representatives, who would otherwise be competent.
2) § 12 para. 2 (a). (b)), i), § 161 para. 3, para. 5 (b). and criminal)
of the order.
2A) § 179a para. 2 of the code of criminal procedure.
2B) § 179 paragraph. 1 code of criminal procedure.
2 c) section 158 paragraph 2. 12 of the code of criminal procedure, as amended by law No 341/2007 Sb.
2D) § 161 para. 4, para. 5 (b). (b)) code of criminal procedure, as amended by Act No.
341/2011 Sb.
2E) § 179a para. 3 of the code of criminal procedure ".
2. section 13 reads as follows:
"section 13
In cases in which it is for the investigation to take place or the shortened preparatory
proceedings to the Prosecutor (section 10 (2)), shall exercise supervision over the
adherence to legality in the process before you begin criminal prosecution
the Prosecutor, who would otherwise be competent in the matter of an investigation to take place
or abbreviated preparatory proceedings, if, on the basis of the established facts
You can specify the jurisdiction of the public prosecutor. If it clear
the fact that it is an offence, until in the course of examining the
the facts reasonably indicating that a crime has been committed,
the Prosecutor, who shall exercise supervision at this time, the thing shall immediately transmit
such a public prosecutor. The provisions of § 12 para. 3 shall be mutatis mutandis. ";"
Article. (II)
Transitional provision
The decision about which police authority is competent to continue the
criminal proceedings on 1 January. January 2012 Police Department
Republic of the crime by a customs officer, a member of the prison service of the Czech
States, 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
in the police of the Czech Republic, the public prosecutor of the regional
the Prosecutor's Office, which would otherwise be competent to carry out controls
over criminal proceedings, if the management led the General inspection
security forces.
Article. (III)
The effectiveness of the
This Decree shall enter into force on 1 January 2000. January 2012.
Minister:
JUDr. Pacheco v. r.