311/2000 Sb.



DECREE



The Ministry of Justice



of 23 December 2003. August 2000,



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 by Decree No. 265/1997 Coll. and Decree No. 218/1998 Coll.



The Justice Department determined in accordance with section 7 and 40 of Act No. 283/1993

Coll., on the public prosecutor's Office, as amended:



Article. (I)



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. and Decree No. 218/1998 Coll., is amended as follows:



1. section 8 reads as follows:



"section 8



The Chief Prosecutor in Olomouc-branch office in Brno and branch in

Ostrava, Czech Republic



(1) in the circuit of the high public prosecutor's Office shall be established in Olomouc

the branch in Brno and Ostrava.



(2) the Chief Public Prosecutor's Office in Olomouc-Brno branch carries out

supervision of adherence to legality in preparatory proceedings and before the

the initiation of criminal prosecution in cases of offences referred to in article 15

paragraph. 1 and 2, committed within the jurisdiction of the regional State Prosecutor's Office in the

Brno and decides on these matters in accordance with § 15 para. 3.



(3) the Chief Public Prosecutor's Office in Olomouc-branch office in Ostrava

shall exercise the supervision of adherence to legality in preparatory proceedings and actions

before you begin criminal prosecution in cases of the offences referred to in §

15 paragraph 1. 1 and 2, committed within the jurisdiction of the regional State Prosecutor's Office in the

Ostrava and decides on these matters in accordance with § 15 para. 3. ".



2. section 15 including the footnotes # 3a), 3b and 3 c)) reads:



"§ 15



(1) for the performance of supervision of adherence to legality in preliminary proceedings and to

capacity before a criminal prosecution in cases of intentional crime

acts



and committed when the Bank's activities), an investment company, or

Investment Fund, brokerage house, insurance company, health

insurance companies, pension fund, building society or savings and

credit cooperatives, if they have suffered damage of at least 100 miles. CZK,



b) natural or legal persons committed in connection with the

unauthorized exercise of the activities of the entities referred to in point (a)),



(c)) which was caused by damage to the property of the State for at least 50 miles. CZK, or



(d)) the second or ninth, according to head of the special part of the criminal code,

If they have been committed for the benefit of a criminal organisation, ^ 3a) or if the

in connection with the detection or investigation has been or should be

committed a crime of abuse of powers by a public official under section 158

criminal law or bribery, acceptance of a bribe or

indirect bribery pursuant to section 160 to 162 of the criminal 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

the relevant.



(2) the Chief Public Prosecutor's Office is appropriate in the case of any of the

the offences referred to in paragraph 1 and to exercise supervision over:

adherence to legality in preliminary proceedings and to operations before you start

the prosecution in the cases of other offences in respect of which

eye-opening, common control ^ 3b) if the matter is not excluded from the joint

control. ^ 3 c)



(3) the Chief Public Prosecutor's Office may, after prior approval by the Supreme

the public prosecutor may decide to pursue the supervision of the maintenance

legality in preliminary proceedings and to operations before you begin criminal

the prosecution in the cases the offences referred to in paragraphs 1 and 2 shall be

the lower public prosecutor's Office; its jurisdiction is determined by the

principles referred to in section 12 to 14 and 16.



3A) § 89 paragraph 1. 17 of the criminal code.



3B) section 20 (2). 1 code of criminal procedure.



3 c) § 23 para. 1 of the criminal procedure code. ".



3. In the title of the third part of the second section, and in section 27 para. 1, the number

"24" is replaced by "48".



4. In paragraph 29, and in the title, the words "in accordance with § 62 of" the words "and

under section 62a ".



Article II



Transitional provision



In cases in which the prosecution has been initiated or have been carried out

before the commencement of a prosecution before the effective date of this order, and

preliminary proceedings were not completed, proceed under the previously applicable

legislation; This does not prejudice the right of the Supreme Public Prosecutor's Office to

decided that with regard to the seriousness, factual or legal

complexity takes over for the performance of supervision of adherence to legality in

preliminary proceedings or to operations before you begin criminal prosecution by

lower State Prosecutor's Office in its perimeter any thing referred to

in article 15, paragraph 2. 1.



Article. (III)



This Decree shall enter into force on the thirtieth day following its publication.



Minister:



JUDr. Motejl in r.