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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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.

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