468/2001 Sb.
DECREE
The Ministry of Justice
of 14 July 1999. December 2001,
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:
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., Act No. 218/1998 Coll., Decree No. 311/2000 Coll. and Decree No.
183/2001 is amended as follows:
1. sections 1 and 2, including headings and footnotes # 1)-1b) are added:
"The oversight in the system of public prosecution
§ 1
(1) the supervision, focuses in particular on compliance with and application of the laws,
regulations in the scope of the public prosecutor's Office and in the activities of the State
representatives, compliance with the instructions of the higher public prosecutor's Office and the heads of
prosecutors, on the Organization and management of work and on the implementation of the guidelines
the general nature of the Attorney General.
(2) in the course of supervision it is the higher public prosecutor's Office within the scope of
the law, in particular, shall be entitled to:
and) require special reports on the progress of public prosecutors in the performance of
the scope of the public prosecutor's Office,
b) require information on specific cases met by lower
Public Prosecutor's Office,
(c) any thing done) to examine the lower public prosecutor's Office and
to this end, request the public prosecutor's Office from the lower submission
all of the documents that were the basis for handling such things, as well as
the appropriate expression and opinion, subject to the special provisions for
review of the things binding way, ^ 1)
(d)) to perform in the Sub-District of the prosecution service of the screening of individual
things, checks on certain sections of lower a Government activity
the Prosecutor's Office or the total screening activities of lower State
the Prosecutor's Office,
e) giving a lower public prosecutor instructions in the matters to which the
settlement of lower public prosecutor's Office, it is ^ 1a) and in law
If the public prosecutor to withdraw the sub-district and
deal with it itself. "^ 1a)
(3) If a complaint is made to exercise supervision for materially or locally
nepříslušného Prosecutor's Office, referred to the Prosecutor
without delay to the competent public prosecutor's Office and that about
notify.
(4) for more substantively identical stimuli the Prosecutor does not review and
that their acceptance of the nevyrozumívá. About podatel must be advised
already in the notification of the execution of the first initiative.
§ 2
(1) in the exercise of supervision over the process immediately lower State
the Prosecutor's Office, which is by its very nature, also the supervision of higher State
the Prosecutor's Office directs its attention only on the assessment of the level and
the effectiveness of this surveillance. The lawfulness of the procedure which was the subject of performance
the original supervision, can be reviewed only if provided for by special
^ 1b) Act.
(2) If a prosecutor served the complaint in which it is adduced to the wrong
or illegal procedure in the exercise of supervision, the State Prosecutor closest to the
the higher public prosecutor's Office shall refer the complaint it immediately
lower public prosecutor's Office, whose incorrect or illegal procedure
in the exercise of supervision it is adduced, to evaluate whether it is not the next
substantively the same complaint lodged after the lesson according to § 1 (1). 4.
the assignment of that provided by the notify with an explicit warning on the possible postponement of the
initiative to lower the public prosecutor without further notice. Lower
substantively the same as the initiative of the public prosecutor's Office shall postpone without notice
be that; otherwise, it executes supervision pursuant to § 1 (1). 1. This does not affect
the permission of the higher public prosecutor's Office in justified cases
examine how to immediately lower prosecution
exercise supervision.
(3) other factually identical stimuli, in which it is adduced incorrect or
illegal procedure in the exercise of supervision, the Prosecutor does not review and
that their acceptance of the nevyrozumívá. About podatel must be advised
already in the notification of the assignment of the first such initiative immediately
a lower Prosecutor to evaluate according to § 2 (2). 2.
1) § 173a and 174a of the code of criminal procedure.
1A) section 10 of the Act No. 283/1993 Coll., on the public prosecutor's Office.
for example, section 1B) 174a, 265d, 389a penal procedure. ".
Footnote 1) is renumbered as footnote
No. 1 c), including links to a footnote, and the present text
shall be replaced by the words "criminal procedure code".
2. Article 4 is deleted.
3. In section 6 (1). 2 (a). a) clutch "and" between the words "and in the
Jablonec nad Nisou "is replaced by a comma and the words" Jablonec nad Nisou "
the words "and in the Czech Republic".
4. In article 6 (1). 2 (a). (b)), the clutch "and" between the words "and in the
Jablonec nad Nisou "is replaced by a comma, the comma after the words" Jablonec nad
Nisou "shall be deleted and the words" and, "in Česká Lípa.
5. In article 6 (1). 2 (a). (d)), the clutch "or" between the words "Liberec or in
Jablonec nad Nisou "is replaced by a comma, the comma after the words" Jablonec nad
Nisou "shall be deleted and the words" or in the Czech Republic, ".
6. In article 6 (1). 2 (a). (e)), the clutch "and" between the words "and in the
Jablonec nad Nisou "is replaced by a comma, the comma after the words" Jablonec nad
Nisou "shall be deleted and the words" and, "in Česká Lípa.
7. In paragraph 6 (1). 2 (a). (f)), the clutch "and" between the words "and in the
Jablonec nad Nisou "is replaced by a comma and the words" Jablonec nad Nisou "
the words "and in the Czech Republic".
8. paragraph 7, as follows:
"section 7 of the
The regional public prosecutor's Office in Ostrava-branch in Olomouc
(1) in the circuit of the regional public prosecutor's Office shall be established in Ostrava
its branch in Olomouc.
(2) the regional public prosecutor's Office in Ostrava-branch in Olomouc
and) decide on appeals against decisions of district
the Prosecutor's offices in Olomouc, Přerov and Šumperk, Jeseník in
criminal proceedings except in decisions of the accused from criminal
offences committed by the violation of the laws of the road, rail, air
and traffic and matters relating to foreign nationals
Members,
(b)) decides on appeals against decisions of district
the Prosecutor's offices in the regional State Prosecutor's Office in the
Ostrava in the preparatory proceedings in cases of minors,
(c)) takes place in the first instance for criminal offences, given a local
the jurisdiction of the Prosecutor's offices in districts in Olomouc, Šumperk,
Přerov, Jeseník and Vsetín in criminal proceedings, if the things they
withdrawal, 1a) with the exception of minors, accused of Criminal Affairs
offences committed by the violation of the laws of the road, rail and
traffic and things that relate to foreign nationals,
d) decide on the commandments of the criminal case to another public prosecutor's Office
of the same degree, if they are of any proceedings under the special předpisu1c)
excluded senior prosecutors in Olomouc, Přerov and Šumperk,
Jeseník
(e) disputes on jurisdiction) in criminal matters between the district
Public Prosecutor's offices in Olomouc, Přerov and Šumperk, Jeseník, inter
the things referred to in paragraph 2 (a) withdrawn. and)
(f)) takes part in the proceedings on appeals in criminal matters
decided the regional court in Ostrava-branch in Olomouc. ".
9. section 10 including title and footnote # 2) and 2a) reads as follows:
"§ 10
The scope of the public prosecutor's Office in the investigation and summary
preliminary proceedings on criminal offences of members of the police of the Czech
the Republic and the members of the security information service
(1) for the investigation of criminal offences committed by members of the police of the Czech
States ^ 2) and the ones on drafting these criminal
deeds ^ 2a) are appropriate for the scope of the regional State
the Prosecutor's Office and the District Public Prosecutor's Office in the District of his
the scope of the
and the District Public Prosecutor's Office) for the threshold of 1 for Circuit City
the Prosecutor's Office in Prague,
(b) the public prosecutor's Office) District Prague-East Regional for the circuit
the Prosecutor's Office in Prague,
(c) the District Public Prosecutor's Office) in České Budějovice for circuit
The regional State Prosecutor's Office in České Budějovice
(d) the public prosecutor's Office) District Plzeň-city for the regional circuit
the Prosecutor's Office in Pilsen,
(e) the District Public Prosecutor's Office) in Ústí nad Labem District public
the Prosecutor's Office in Liberec for the circumference of the regional State Prosecutor's Office in the
Ústí nad Labem,
(f) the District Public Prosecutor's Office) in Hradec Králové for the regional circuit
the Prosecutor's Office in Hradec Králové,
(g) the District Public Prosecutor's Office) in Ostrava, and the District Government
the Prosecutor's Office in Olomouc for the circumference of the regional State Prosecutor's Office in the
Ostrava,
(h) the District Public Prosecutor's Office) Brno-country for the regional circuit
the Prosecutor's Office in Brno.
(2) if the proceedings referred to in paragraph 1 shall in the same regional circuit
the Prosecutor's Office jurisdiction more district
the Prosecutor's Office shall be determined by their local jurisdiction the head Attorney
the regional State Prosecutor's Office.
(3) the investigation of crimes committed by members of the Security
information service ^ 2) and abbreviated preparatory proceedings for these offences
deeds ^ 2a) held the District Public Prosecutor's Office in Prague 1.
(4) If, pursuant to paragraph 1 is given to the investigation or to the truncated
drafting the jurisdiction of several public prosecutor's offices, held
It is the public prosecutor's Office, which is responsible for the investigation or
the truncated drafting criminal proceedings against the offender would constitute a
the crime; otherwise, that launched the investigation or summary of the preparatory
management previously.
(5) the competent to exercise supervision of adherence to legality in
examining the facts reasonably indicating that has been committed
offence (section 158 code of criminal procedure), held the police authority in the
cases of suspected criminal offence committed against a national of the Czech Police
Republic or of a member of the security intelligence service is the State
the representative, who would otherwise be competent held an investigation or abridged
preparatory proceedings for this criminal act.
2) § 161 para. 3 and 4 of the criminal procedure code.
2A) § 179a para. 3 of the code of criminal procedure ".
10. In paragraph 11 (a). c) after the word "explanation", the words "including
drawing up criminal announcement ".
11. In paragraph 11 (a). (j)) at the end of the following words: "local and regional authorities
and other persons with an explanation or rent writings and papers
the public prosecutor in the exercise of its competence ".
12. sections 12 and 13, including title and footnotes # 3a) to 3d) are added:
"section 12
(1) for the performance of supervision of adherence to legality in preparatory proceedings
criminal jurisdiction, the Prosecutor assigned to the State
the Prosecutor's Office, which operates when the Court that would be competent to take place in the
case after indictment proceedings at first instance, if this Ordinance
provides otherwise. If the Act relating to the procedure before you start
criminal prosecution for his need to perform, the competent State
the representative of the public prosecutor, it does not have jurisdiction, that in such a
the case of the competent public prosecutor about the Act without undue
delay and shall inform the thing he passes.
(2) If, for the incompleteness of the facts to determine the jurisdiction of the
the State Prosecutor for the performance of supervision of adherence to legality in
pre-trial criminal at a time when the police drew up a record of the
begin the acts of criminal proceedings, ^ 3a) delivers this record to the
representatives of the public prosecutor's Office at the headquarters of a degree
the police authority or its branches. In the case of the police
authority operating within the territory of the Czech Republic, delivers it to the police
authority of the regional public prosecutor's Office at the headquarters of a police authority or
his business folder, which is a person that the Act
It has made.
(3) unless otherwise provided for in this Decree, the public prosecutor, to whom the
record to initiate the operations of the criminal proceedings and that it is not considered
for locally or competent, shall take all measures
tolerate delay, including delivery of the decision of the Prosecutor
According to the criminal procedure code when you use the search resources, operatively ^ 3b)
which belong to the remit of the public prosecutor's Office and to which it is
entitled to, so as not to thwart the purpose of the criminal proceedings. Otherwise,
shall refer the matter for further proceedings the public prosecutor and venue
the competent. For a transfer at the same time, inform the police authority
his record of the initiation of operations of criminal proceedings.
section 13 of the
(1) in matters in which it is for the investigation to take place or summary
preliminary proceedings the State Prosecutor (article 10), 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.
(2) the procedure for the resolution of disputes between prosecutors of jurisdiction
the State Prosecutor for the investigation and for the performance of supervision over the jurisdiction
adherence to legality in preparatory proceedings criminal regulates special
law. ^ 3 c)
(3) If, without doubt, the jurisdiction of the public prosecutor
abbreviated preparatory proceedings, who performs this procedure State
the representative, who received the criminal complaint or other initiative to the criminal
the prosecution; in doing so, it shall proceed with the most accelerated so that the condensed
the preparatory proceedings could be completed within the time limit set by the criminal
^ 3d).
3A) section 158 paragraph 2. 3 the first sentence of the criminal procedure code.
3B) § 158b-158f code of criminal procedure.
§ 8 paragraph 3 c). 2 of the Act No. 283/1993 Coll., on the public prosecutor's Office.
3D) section 179b of paragraph 1. 4, § 179f para. 2 (a). and the criminal procedure code). ".
13. in paragraph 14, the words "acts of criminal proceedings before the initiation of criminal
prosecution and "are deleted.
14. in article 15, paragraph 2. 1 and 3, the words "and to act before the commencement of the criminal
the prosecution "shall be deleted.
15. in article 15, paragraph 2. 1 (b). (b)) at the end of the following words: "If the
they have suffered damage of at least 100 miles. $ ".
16. in article 15, paragraph 2. 1 (b). c) after the word "asset", the words "or
the asset share ".
17. in article 15, paragraph 2. 1 letter d) is added:
"(d)) under the second or ninth head of the special part of the criminal code,
If they have been committed for the benefit of a criminal organisation, 3e) and
the offences 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, if they have been
committed in connection with the detection or investigation of criminal offences
According to the head of the second or ninth of the special part of the Criminal Code ".
18. in article 15, paragraph 2. 3 last sentence, the word "to" is replaced by a comma.
19. the existing footnote 3a) up to 3 c) are referred to as
footnote # 3e) up to 3 g), including links to notes below
line.
20. the Above paragraph 17 shall be inserted before the heading "acts in the criminal proceedings".
21. the heading of section 17 of the "how the public prosecutor before the initiation of criminal
the prosecution "shall be replaced by the heading" Receiving complaints ".
22. Footnote. ^ 4) reads as follows:
"4) section 158 paragraph 2. 2, section 59 paragraph 1. 2 to 4, § 163 para. 2, § 163a of the criminal
of the order. ".
23. in section 17(2). 2 the following sentence is added: "However, if it is to be carried out
urgent or unrepeatable acts, the Prosecutor shall ensure that their
immediate execution before the competent State through
the Prosecutor's Office, it is impossible to achieve, so the
State representative. The provisions of § 12 para. 3 the first sentence is here to be used
accordingly. ".
24. in section 18 para. 1 the second sentence, the words "the interrogator's" shall be replaced by
"police authority".
25. in section 18 para. 2 the term "investigator" shall be replaced by
"police authority".
26. under section 18 shall be added to § 18a, including title and notes
line no. 4a):
"§ 18a
The procedure of the public prosecutor in the use of search devices operatively
(1) the public prosecutor competent to act in criminal proceedings when using
operatively search resources (section 158b-158f criminal procedure) is
obliged to take all measures to prevent the disclosure of
information on the measures being taken by unauthorized persons and not as
thwarted by the purpose of criminal proceedings or vulnerable persons.
(2) to submit a proposal for the use of the agent (section 158e (4) of the criminal procedure code)
the competent public prosecutor of the Supreme Public Prosecutor's Office, in whose
the circuit is active public prosecutor's Office competent to exercise supervision within the
of the case; If such a public prosecutor's Office to determine the competent State
Deputy Head of the prosecution service, in whose district it is situated
the police authority that a proposal to use an agent. This State
the representative is also responsible for all transactions, which in the context of the activities
the public prosecutor agent according to the code of criminal procedure (section 158e exercises 7
the criminal procedure code). The jurisdiction of the public prosecutor to pursue the supervision of the
adherence to legality in preparatory proceedings in a criminal case, in which the
the agent used, this provision remains unaffected.
(3) on the use of intelligence funds under special laws
^ regulations 4a) the provisions of this Decree do not apply.
4A), for example, section 7 et seq.. Act No. 154/1994 Coll. on Safety
information services. ".
27. in paragraph 3 of section 19, including footnote No. 4b):
"(3) the instructions of the public prosecutor, the police authority for the issue of a resolution,
against which the complaint is admissible, ^ 4b) will be added to the original
the investigation file. Other guidelines are based on the original
the investigation file, if so provided by the Prosecutor.
4B) § 146 paragraph. 2 (a). and the criminal procedure code). ".
28. in section 19 para. 4, the words "the interrogator or" shall be deleted.
29. section 20 including the title reads as follows:
"section 20
Deciding on custody
(1) Notice of the facts which the Prosecutor is obliged to prison
inform (section 70a of the Criminal Code), delivers the Prosecutor usually prison
the same day, when such a decision or action taken. Always so
shall, in the case of a decision on further detention or release
the accused from custody.
(2) in addition to the factors set out in paragraph 1 shall inform the Prosecutor
the prison also about when the decision came, which decided to
the further detention of the accused ".
30. under section 20, the following new section 20a, which including the title reads as follows:
"section 20a
A proposal to limit the accused in prison
If you need to limit in preliminary proceedings the accused in prison
the deprivation of liberty (section 74a of criminal procedure), shall report to the public prosecutor without delay
the Court justified the proposal for such a restriction. The proposal must contain, in particular,
specific details of the type and nature of limitations and must be justified by the
facts arising from the contents of the reference material that
at the same time, the State Prosecutor to lodged a draft. ".
31. in paragraph 21, the words "the interrogator" is replaced by the words "police authority" and
the words "the underlying components of inquiry" are replaced by the words "to your manager
the police authority ".
32. section 22, including the title reads as follows:
"§ 22
The decision on referral to another person for work involved in the police
authority
About referral to another person for work in the police authority under section
paragraph 174. 2 (a). (f)) code of criminal procedure, the Prosecutor shall decide by resolution,
that document shall apply to the competent police authority Manager
instructs commissioned the investigation, another person for work operating in
the police authority; a copy of the resolution shall be sent to the consciousness of the person for whom it was a matter of
withdrawn. If the Prosecutor takes the matter to the police authority, and if the
measures to ensure that the case was ordered to another police authority [§ 157 paragraph.
2 (a). (b)) code of criminal procedure], it shall proceed according to the first sentence as appropriate. ".
33. In § 24 para. 1 the word "investigations" is replaced by
"adherence to legality in preparatory proceedings".
34. In § 24 para. 2 the first sentence, the word "investigations" is replaced by
"adherence to legality in preparatory proceedings".
35. In the title of the third section, the word "accessibility" is replaced by
"on-call time (availability)".
36. In section 27, paragraph 1, including the footnotes # 5a) up to 5 c) is added:
' (1) in the non-business hours must be secured by the stand-by duty ^ 5a)
(the availability of) at least one of the public prosecutor of the district and the regional
the Prosecutor's Office so that they could, if necessary, the Prosecutor
within 48 hours of the detention of the accused brought before the Court a proposal for the withdrawal of
the accused into custody ^ 5b) or proposal for punishment of the detainee
the suspect, whom the Prosecutor did not fire from detention, but passes
to the Court together with a proposal for punishment, or if the decision on the begin
criminal prosecution, in order to present to the Court a proposal for a decision on the custody
the detainee accused. ^ 5 c) on the regulation of on-call time ^ 5a)
(accessibility) of the public prosecutor of the Supreme Public Prosecutor's Office
the Supreme Public Prosecutor's Office or decide in justified
cases, the Chief Public Prosecutor or the Attorney General. The head of the
the public prosecutor may decide on the regulation of on-call time ^ 5a)
at least one employee of the professional administrative apparatus in the
the Prosecutor's Office; such on-call staff
vocational administrative apparatus in the Prosecutor's Office is not
need to ensure in the case when the public prosecutor, to whom the work
emergency (reachability) ordered expressly declares that it shall ensure
acts in the course of on-call time (availability) itself.
5A) section 95 and section 83 para. 5 of the labour code.
5B) § 68 para. 1 code of criminal procedure.
5 c) section 179e of criminal procedure ".
37. In section 27, paragraph 2, the following paragraph 3 is added:
"(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
with the investigation and the abbreviated preparatory proceedings in cases of criminal offences
members of the police of the Czech Republic and the members of the Security
information services (section 10); for this purpose, the classification of State representatives
the availability of required to provide effective assistance. Be enforced if such
the representative of another State than the State Public Prosecutor's Office
the Prosecutor's Office competent to conduct proceedings for crimes of members of
The Czech Republic Police and members of the security information service,
immediately after shall refer the matter to the competent State, in substance, as well as locally
the Prosecutor's Office for further proceedings. Copy of the decision or proposal or
Another measure, which in this case has made such a public prosecutor shall send
at the same time note to the Prosecutor, who is responsible for the performance of supervision
in these matters. ".
The former paragraph 3 shall become paragraph 4. In paragraph 4 the word
"availability" is replaced by "on-call time
(accessibility) ".
38. In paragraph 28, the following paragraph 1, which reads as follows:
"(1) the Chief Public Prosecutor shall notify to the competent court and permanent service
the competent Directorate of the police of the Czech Republic in the perimeter of the State
the Prosecutor's Office (address) of the location where the shortcut will be specified by the State during the
availability (availability), and phone number
the appropriate station. The document specified by the public prosecutor's Office for
availability (availability) delivered to the headquarters of the State
the Prosecutor's Office, if the head of the public prosecutor with the Director of the territorial
service of the police or the public prosecutor, who is working
emergency (reachability), with the relevant police authority agrees
Another method of delivery of documents for the public prosecutor.
The present text becomes paragraph 2.
39. In paragraph 29, the following paragraph 1, which reads as follows:
"(1) the Supreme Public Prosecutor's Office may authorize the County Government
Attorney's Office in whose district has a stay of either of the parties against which the
the proposal under section 62 or under section 62a of the Act on the family, performing
the investigation and the collection of documents needed for a decision on this proposal.
In that case, the Supreme Public Prosecutor's Office always defining the scope
the investigation by making the County Prosecutor in a particular case
instructs. ".
The present text becomes paragraph 2.
40. in section 30 paragraph 2. 1 the legislative shortcut "(" initiative ")"
repealed.
41. In section 30 paragraph 2. 1 at the end of the dot is replaced by a comma and the following
the following words: "unless otherwise provided".
42. In article 31, the following title is added: "the initiative to lodge a complaint for
violations of the law ".
43. In § 31 para. 1 in the first sentence, after the word "Stimulus" the words
"to lodge a complaint for violation of law".
44. In § 31 para. 2 at the beginning of the sentence, after the words "that the Administration" is inserted
the word "such".
45. In article 31, the following paragraph 3, including the footnotes.
7A) is inserted:
"(3) if the public prosecutor's Office received the submission of the accused a marked
as a stimulus to complaint for violation of the law and comes into account
filing an extraordinary appeal ^ 7a) against this decision, the public prosecutor's Office
Learn about the possibility that a further appeal to challenge the decision and at the same time he
that the Administration does not address.
7A) of section 265a, 265b and 265e the criminal procedure code. ".
46. section 32, including the title reads as follows:
"The process of adopting initiatives to lodge a complaint for violation of law
§ 32
(1) the public prosecutor's Office shall inform the sender of the receipt of the complaint to the
complaint for violation of the law, which was addressed to him, or
referred to the authority to process the complaint, decline jurisdiction, and at the same time
the sender shall inform about his pending will be notified in writing
The Ministry of Justice. Notification provided for in the previous sentence, the State
the Prosecutor's Office, has not sent if the Ministry of Justice or
the Prosecutor's Office, to whom the complaint was addressed, and that is not to his
settlement of the relevant product.
(2) if in criminal proceedings on the application for reopening of proceedings
or constitutional complaint or appeal has been lodged in respect of
the accused person, to which the complaint relates, the Prosecutor shall forward the complaint without
to further control the Ministry of Justice and the sender
notify. ".
47. In section 33 in the first sentence after the word "initiative", the words "to the administration of
complaint for violations of the law ".
48. In paragraph 33, first sentence, the words "that cannot be verify" shall be replaced by
"about which you cannot decide".
49. In paragraph 33, the second sentence reads: "at the same time consider whether there are reasons to
to examine the matter until after a criminal complaint will be dealt with. "
50. the title of the third section reads as follows: "the process of adopting and reviewing
merits test stimuli to lodge a complaint for violation of law ".
51. In paragraph 39, in the first sentence, after the word "stimulus", the words "to the administration of
complaint for violations of the law ".
52. In section 39 at the end of the first sentence, the words "issued a binding legal opinion to
pending matters "shall be replaced by" in the matter of exercise of supervision or held
investigation or summary preliminary proceedings ".
53. section 40 reads as follows:
"§ 40
The Prosecutor's Office shall examine on the basis of the complaint to the complaints
for violations of the law the legality of the decision, as well as the management of the
prevent, and in relation to the person in whose favour or disadvantage is
the complaint filed. In relation to other individuals is the review procedure carried out
within the meaning of the provisions of § 266 paragraph. 3 and § 267 paragraph 1. 5 of the code of criminal procedure,
to the extent provided in section 269 paragraph. 2 the last sentence of the criminal procedure code. ".
54. In section 42 in the first sentence, after the words "that the justification for the initiative"
the words "to lodge a complaint for violation of law".
55. In § 43 para. 1 the words "investigate the complaint" shall be replaced by
"review of the matter".
56. In § 43 para. 1 at the end of the word "submission" be replaced by "initiative
to lodge a complaint for violation of law ".
57. In article 43, paragraph 2 reads as follows:
"(2) If an examination of the reference material found to be grounds for
filing a complaint for a breach of the law, the public prosecutor's Office shall draw up a
an outline of a complaint for a breach of the law, which shall be submitted for decision
the Minister of Justice. This does not apply if it is established that in the case comes in the
filing appeal. ^ 7a) ".
58. In § 43 para. 3, after the words "connects" the words "the initiative to
the filing of a complaint for a violation of the law and ".
59. In § 45 para. 1, after the word "stimulus", the words "to the administration of
complaint for violations of the law ".
60. In § 45 para. 1 the words "reviewed on the basis of another initiative"
replaced by the words "on the basis of a complaint lodged in the same case, if
does not contain the new reality ".
61. In § 45 para. 2, after the word "stimulus", the words "to the administration of
complaint for violations of the law ".
62. In § 45 para. 2 the words "send notification" shall be replaced by
"the sender of the nevyrozumívá".
63. in the fifth section in the title of the second section shall be inserted after the sixth, which
including the title reads as follows:
"The sixth Section
Review of criminal cases on the initiative of the public prosecutor
§ 46
(1) the public prosecutor's Office on its own initiative or on the initiative of another
the Prosecutor's Office may examine criminal case which arise
doubts about legality of final decision of a court or of a State
representative or his management of the previous, in the scope of § 40, without
the restrictions referred to in the second sentence, unless the special provisions
otherwise.
(2) the jurisdiction of the public prosecutor's Office to respond to the complaint (section 43
the rules of procedure) is governed by the provisions of section 389a of criminal procedure. To determine the
jurisdiction in a proceeding on its own proposal to the public prosecutor's Office
complaint for violation of this provision of the Act is to be used
by analogy; 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 public prosecutor's Office.
(3) if the Court finds the prosecution reason to lodge a complaint for
violations of the law, an outline of the processes of this complaint, which shall submit to the
the Minister of Justice for decision, it shall proceed in accordance with § 43 para.
2, 3, mutatis mutandis; otherwise knowledge. ".
(4) if the public prosecutor's Office in the criminal case, in which
arise, doubts about legality of final decision of a court or
the public prosecutor or his previous management, applicable
filing an extraordinary appeal, 7a) pursuant to paragraph 3 sentence before a semicolon
does not flow. ".
64. Part six including the title reads as follows:
"PART SIX
HOW THE PROSECUTOR'S OFFICE IN REVIEWING THE FINAL RESOLUTION
TERMINATING THE CRIMINAL PROCEEDINGS AND TRANSFER THE CASE TO ANOTHER BODY IN THE PROCEEDINGS
The CRIMINAL PROCEDURE CODE in accordance with § 174A
§ 56
Complaint lodged against the final decision of the public prosecutor of the
stopping criminal prosecution or for a transfer to another body in the
criminal proceedings shall be assessed as a stimulus to the procedure under section 174a of the criminal
the order, unless the context otherwise requires.
§ 57
He has received the Supreme Public Prosecutor's Office complaint against
the final resolution of the Prosecutor to halt criminal prosecution
or a referral to another authority after expiry of the period referred to in section
174A of the code of criminal procedure, shall execute it as a stimulus to complaint for
violations of the law. Progresses in the second section of the first head to
the fifth accordingly. ".
65. in paragraph 57, the following part seven:
"PART SEVEN
LEAVE to APPEAL
§ 58
The Supreme State Prosecutor's Office is entitled to in proceedings on appeal
require filing of material from any lower State
the Prosecutor's Office and requested the prosecution is obliged to such
the request without delay.
§ 59
If within the time limit laid down in paragraph paragraph 265e 1 of the criminal procedure code delivered
Public Prosecutor's office administration of the person entitled to the filing of an appeal (section
265d paragraph 1. 1 of the Criminal Code), which are invoked the fact that
a further appeal may be contested, but the submission does not meet the requirements
the appeal (article 265d, paragraph 2, first sentence, § 265f (1) of the criminal procedure code),
the Prosecutor's Office, such submission shall immediately return to the podateli
a brief lesson in terms of appeal. ".
Article II
The effectiveness of the
This Decree shall enter into force on 1 January 2000. January 1, 2002.
Minister:
JUDr. Bures in r.
