265/1997.



DECREE



The Ministry of Justice



of 9 June. October 1997,



amending and supplementing the Ordinance of the Ministry of Justice, no.

23/1994 Coll., on rules of procedure, the Prosecutor's Office, the establishment of branches

some Prosecutor's offices and the details of the action carried out by the

legal aspirant



The Ministry of Justice establishes, pursuant to § 7 para. 2, § 34 paragraph 1. 1 and §

40 of Act No. 283/1993 Coll., on the public prosecutor's Office, as amended by Act No.

261/1994 Coll., and article IV, paragraph 9 of Act No. 293/1993 Coll., amending

and supplementing Act No. 141/1961 Coll., on criminal court proceedings (the criminal

order), Act No. 21/1992 Coll., on banks, and Act No. 335/1991 Coll., on the

courts and judges:



Article. (I)



Ministry of Justice Decree No. 23/1994 Coll., on rules of procedure

the Prosecutor's Office, the establishment of branches of certain State

the Prosecutor's Office and the details of the action carried out by aspirant,

shall be amended and supplemented as follows:



1. section 8 is deleted.



2. Article 10 shall be deleted.



3. In the title of part four, the word "treatment" is replaced by

"investigation".



4. section 30 paragraph 2. 1 reads as follows:



"(1) the provisions of this section shall be used when investigating complaints to submit

complaint for violation of the Act (hereinafter referred to as the "initiative"), which are the State

the Prosecutor's Office addressed to or forwarded. ".



5. in section 30 paragraph 2. 2 the words "the handling of complaints" shall be replaced by

"our investigation of complaints".



6. in § 31 para. 2, the last sentence shall read:



"If the Administration does not have any of these terms and, if not, even after

the warning followed by the public prosecutor's Office may appropriate to its

processing delay, which shall inform that. ".



7. section 32:



"§ 32



(1) the public prosecutor's Office shall inform the sender about the adoption of initiatives

are addressed or referred to, and at the same time the consignor shall communicate that

execution of the Ministry of Justice will be informed in writing. Notification

According to the previous sentence, the Prosecutor's Office, if it is not sent from the

referral of complaint clear that have already made the Ministry of

Justice.



(2) if in the case of the proceedings on the application for reopening of proceedings

in respect of the accused person, to which the complaint refers to, and it is obvious that the impugned

violations of the law may be removed in the context of reconstruction, the State

the representative will wait for the outcome of such proceedings. ".



8. the second section of the first part of the fourth head (section 34 to 37) shall be deleted.



9. section 38 shall be deleted.



10. In section 39 shall be deleted in paragraph 1 shall be deleted and paragraph numbering in

the first sentence is deleted "and its execution".



11. section 41 is deleted.



12. section 43 reads as follows:



"§ 43



(1) if the prosecution Finds after examination of the initiative, the reason for

complaint for violation of the Act, the Minister of Justice shall submit to the

proposal to postpone the initiative, stating, how to deal with objections

referred to in the filing.



(2) If an examination of the merits test initiative found the conditions 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 refer to the decision of the

the Minister of Justice.



(3) to the application referred to in paragraph 1 or pursuant to paragraph 2 of the outline of State

the prosecution service connects all filing material that has to assess the

merits test initiative relevance. ".



13. section 44 is deleted.



14. section 45 is added:



"§ 45



(1) the repeated stimulus is submission, which calls for a review of podatel

the legality of the decision referred to in § 31 para. 1 after what has already been

the legality of such a decision be reviewed on the basis of another initiative.



(2) Repeated the stimulus does not address, in substance, the public prosecutor's Office or

send notification of its acceptance. Without examination of the Court

The Ministry of Justice and will refer you to my previous suggestion or outline

in the matter. ".



15. section 46 is deleted.



16. Chapter four part four (section 48 and 49) is deleted.



Article II



Incentives for filing complaints for violation of the law, filed in the cases

which the legality of the decision of the public prosecutor's Office already have

under the previously applicable law, shall be construed as repeated stimuli

of this order.



Article. (III)



This Decree shall take effect on the date of publication.



Minister:



JUDr. Parkanová in r.