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Amendment Of The Act On The Public Prosecutor's Office

Original Language Title: změna zákona o státním zastupitelství

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14/2002 Sb.



LAW



of 18 May. December 2001,



amending the Act No. 283/1993 Coll., on the public prosecutor's Office, in

as amended, and Act No. 201/1997 Coll., on salary and some

other elements of the prosecutors and amending and supplementing Act No.

143/1992 Coll., on salary and remuneration for work stand-by in budgetary and

in certain other organisations and bodies, as amended

the regulations, as amended by Act No. 155/2000 Coll.



Change: 151/2002 Coll.



Change: 192/2003 Coll.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on the public prosecutor's Office



Article. (I)



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

261/1994 Coll., Act No. 201/1997 Coll., Act No. 169/1999 Coll. and act

No 11/2001 is amended as follows:



1. In article 1 (1). 1, the words "in cases specified by law" are replaced by

the words "for the protection of the public interest in matters entrusted by law to the

the scope of the Prosecutor's Office ".



2. paragraph 2 is added:



"§ 2



(1) the public prosecutor's Office in the exercise of its jurisdiction is required to use the

the resources provided by the law.



(2) the public prosecutor's Office in the exercise of their jurisdiction, shall ensure that each of its

the procedure was in accordance with the law, fast and efficient; its scope of application

exercised impartially, yet respects and protects human dignity,

equality of all before the law and ensures the protection of fundamental human rights and

freedoms. ".



3. paragraph 3 is added:



"§ 3



(1) the Things entrusted to the competence of the public prosecutor's Office shall exercise only

State representatives; other institutions or persons may not in their activities

interfere with, or substitute for, or in the exercise of them.



(2) higher State Prosecutor's Office is authorized to intervene in the handling of

things to which is competent under the law of the State Prosecutor, lower

only in the manner and to the extent prescribed by this Act. ".



4. section 4 reads as follows:



"§ 4



(1) the public prosecutor's Office to the extent, under the conditions and in the manner prescribed

by law



and the public authority) is action in criminal proceedings and fulfils other tasks

arising out of the code of criminal procedure,



(b)) shall exercise supervision over compliance with the law in places where

custody, imprisonment, protective treatment, protective or

constitutional education, and in other places where it is under legal permissions

limited personal freedom,



(c)) operating in the non-criminal proceedings.



(2) the public prosecutor's Office, in accordance with its statutory

the competencies involved in crime prevention and providing assistance to victims

crime. ".



5. Section 4a is deleted.



6. In section 6 paragraph 2 reads as follows:



"(2) in the District of the city of Prague the scope of the regional State

the Prosecutor's Office carries out the municipal public prosecutor's Office in Prague and

the scope of the District Public Prosecutor's Office carry out district State

the Prosecutor's Office. In the circuit of Brno city carries out the scope of the district

the Prosecutor's Office of the municipal public prosecutor's Office in Brno. ".



7. in section 7 paragraph 2 reads as follows:



"(2) the public prosecutor's Office is responsible for representing the State in court, for

which this public prosecutor's Office Act, unless a special law

provide otherwise. ".



8. § 8 to 12 including the following titles:



"The head of State representatives



§ 8



(1) Leading public prosecutors are



a) Prosecutor General, who is the head of the Supreme State

the Prosecutor's Office,



(b)) the top prosecutors, who heads the upper State

the Prosecutor's Office,



c) regional prosecutors, who is at the head of the regional government

the Prosecutor's Office, and the city prosecutor, who is the head of the municipal

the Prosecutor's Office in Prague, (hereinafter referred to as "regional prosecutors '),



d) district prosecutors, who heads the district

the Prosecutor's Office, the district prosecutors, who is at the head of the district

the Prosecutor's offices in Prague, and the city prosecutor, who stands

at the head of the municipal public prosecutor's Office in Brno, (hereinafter referred to as "District

prosecutors ").



(2) the head of the public prosecutor shall represent the Deputy Director or Deputy in

the order and to the extent laid down by it.



(3) the Chief Public Prosecutor shall determine the internal organization of the State

the Prosecutor's Office, headed by the agenda and the allocation of the State

the Prosecutor's Office between State representative; while ensuring the specialization

prosecutors under special legislation.



§ 9



(1) the Attorney General shall be appointed by the Government on the proposal of the Minister of

Justice.



(2) the Government may, on a proposal from the Minister of Justice, the Supreme State

a representative from the appeal function.



(3) the Deputy Attorney-General appointed and recalled by the Minister

Justice on the proposal of the Supreme State Prosecutor.



§ 10



(1) the Chief Public Prosecutor shall be appointed by the Minister of Justice on the proposal of

of the Attorney General.



(2) the county attorney shall be appointed by the Minister of Justice on the proposal of

Director of public prosecutions, who is the head Chief of the State

Attorney's Office in whose district the County Prosecutor to be appointed.



(3) the district attorney shall be appointed by the Minister of Justice on the proposal of

the regional public prosecutor, who is the head of the regional State

Attorney's Office in whose district the district attorney should be appointed.



(4) the Minister of Justice may, Regional Director of public prosecutions

the State Attorney and the District Attorney to appeal of this feature,

If serious breaches of obligations arising out of the performance of the

the head of the public prosecutor; unless an appeal for violation of the

obligations in the exercise of State administration of the prosecution service (hereinafter referred to as

"managing the State Prosecutor's Office"), it does so on the proposal of the head of State

the shortcut that is referred to in paragraphs 1 to 3 shall be entitled to propose the appointment of the

on the function of which is to be the leading Prosecutor recalled.



(5) the Minister of Justice may appoint or revoke a regional or

the District Attorney also on the proposal of the Supreme State Prosecutor.



(6) the Deputy Senior prosecutors, the regional prosecutors and

the district public prosecutors appointed and recalled by the Minister of Justice on the

the proposal of the head of the public prosecutor, whose Deputy is.



§ 11



(1) the head of the public prosecutor or the Deputy of the head of the public prosecutor

This feature may waive the written notice to the person who it to this

features named. The function of the head of the public prosecutor or the Deputy

the head of the public prosecutor shall cease on the expiry of a calendar month

following the month in which the notice of resignation

delivered.



(2) the functions of the head of the public prosecutor or the Deputy of the head of State

the representative shall cease on the date on which the termination of their functions of the State

representative.



(3) the resignation of the head of the public prosecutor or the Deputy

the head of the public prosecutor or the appeal of this feature, do not

result in termination of the functions of the public prosecutor.



§ 11a



(1) to the extent provided by law, the Attorney General, heads

Chief prosecutors, Chief Public Prosecutor of the regional government

representatives of the Supreme Public Prosecutor's Office in the district and provincial State

representative district prosecutors in the circuit of the regional State

the Prosecutor's Office.



(2) to the extent provided by law, the head of the State Prosecutor, heads

prosecutors acting for the State Prosecutor's Office, headed by

costing.



§ 12



The permission of the Attorney General



(1) to the consolidation and rectification of prosecutors in the performance of

the scope of the public prosecutor's Office or to ensure a consistent internal

the organisation of the prosecution service and the single performance records

can the Attorney General give directions of a general character; These instructions

are obligatory for the Prosecutor, and if so, the Attorney General

provides for other employees of the prosecution service.



(2) the Attorney General may issue for the public prosecutor's Office

opinions on the interpretation of laws and other legislation in the

the performance of the scope of the public prosecutor's Office.



(3) the Attorney General may direct that the Attorney

the Prosecutor's Office of the State Prosecutor or his representative has carried out

control of finished goods, in which the public prosecutor's Office

active, and in the case of fault of the corrective measures.



(4) If, in connection with the performance of the scope of the public prosecutor's Office

gets the Attorney General knowledge about the inconsistency of the decisions

the courts shall be entitled to submit to the President of the Supreme Court's initiative to

He suggested the Supreme Court give its opinion on the interpretation of the law or other

legal regulation.



(5) the Attorney General authorizes the public prosecutor acting in the

a public prosecutor supervision in places where it is

restricted personal freedom [§ 4 (1) (b))]; also he is entitled

to authorise the Prosecutor closest to the higher public prosecutor's Office in the

This matter of the supervisory functions.



(6) the Supreme Public Prosecutor belongs to exercise the additional privileges

that with the function of the Attorney General joins this Act or

specific legislation.




(7) the Attorney General not later than the calendar half year

through the Minister of Justice shall submit to the Government a report on the

the activities of the public prosecutor's Office for the previous calendar year. ".



9. under section 12, the following new section 12a to 12i, including headings and

footnotes # 1) to ^ 3) are added:



"Relationships within the system of the prosecution service



§ 12a



(1) disputes over jurisdiction between the public prosecutor's offices shall be decided by the State

the Prosecutor's Office that is closest to these public prosecutors ' offices

higher.



(2) the next higher public prosecutor's Office shall decide on the withdrawal and the commandments

things to another lower public prosecutor's Office, if the head of State

the representative of the public prosecutor's Office is lower according to the laws of the

governing the proceedings expelled from any proceedings, unless this

the law provides otherwise.



(3) the next higher public prosecutor's Office shall decide on the provisions

brought against the decision of the resources closest to the lower State

the Prosecutor's Office in the district, unless this Act or special legislation

Regulation provides otherwise.



(4) in the cases of exclusion of the head of the public prosecutor of the State

the Prosecutor's Office, which exercises supervision in the matter or decides on the

appeals, shall follow the procedure referred to in paragraph 2 accordingly. State

the Prosecutor's Office, which was the reason given in the first sentence

ordered, exercises supervision or decides on appeals

instead of the public prosecutor's Office, to whom the case was withdrawn.



(5) of the withdrawal and the commandment of the case and the appeal shall be decided

the resolution, against which a complaint is not admissible, unless otherwise

a special law, according to which the management of leads.



section 12b



(1) acts to the competent public prosecutor's Office could only be done with

difficulties or disproportionate costs or that in his circuit to perform

cannot be carried out on the request of the other, the public prosecutor's Office.



(2) if the requested State Prosecutor's Office to perform the Act in its

the perimeter, forward the request of the public prosecutor in whose area can be

do, if he is known; otherwise, the request returns.



(3) to investigate the initiative to submit draft Attorney

the denial of paternity may ask the Supreme Public Prosecutor's Office

the regional public prosecutor's Office competent according to the place of residence of the child. "^ 1")



Supervision



§ 12 c



Surveillance is the exercise of the powers provided for by law to ensure the

the management and control of the relationship between different levels of Government

the Prosecutor's Office and within individual public prosecutor's Office in the performance of

the scope of the public prosecutor's Office.



Section 12d



(1) the next higher public prosecutor's Office is authorised to exercise supervision

the closest lower prosecution offices in its perimeter

in dealing with things in their jurisdiction and give them to their procedure

written instructions. The closest lower prosecution procedure can

unite and instructions applicable to more things of a certain type.



(2) immediately below the prosecution is obliged to follow the written

the guidelines referred to in paragraph 1, with the exception of the order that is in particular the case in

violation of the law. If he refuses because of this, immediately below the State

the Prosecutor's Office instructed meet, shall forthwith communicate the reasons for the refusal in writing to the

closest to the higher public prosecutor's Office; If the next higher State

the Prosecutor's Office on his instruction takes a different approach, and won't sub-district

the public prosecutor shall be withdrawn and shall execute it by itself.



(3) the next higher public prosecutor's Office may remove the thing closest to

lower public prosecutor's Office and dealt with it, in itself, even if it is a

next lower idle or the public prosecution service in its progress

found unjustified delays.



§ 12e



(1) the head of the public prosecutor is empowered to exercise supervision of the procedure

prosecutors acting for the State Prosecutor's Office, headed by

stands, and give them guidance on the procedure for handling Affairs in the jurisdiction of the

the State Prosecutor's Office. How prosecutors can

unite and instructions applicable to more things of a certain type.

The exercise of these rights or some of them may entrust another

the public prosecutor.



(2) the prosecutors are obliged to comply with the instructions of the head of State

representative or by an authorised prosecutor, with the exception of the order

that is in particular the case in violation of the law. If the instruction was issued

Word of mouth, the State representative who issued the instruction at the request of

the representative, which is addressed shall acknowledge in writing instruction.



(3) if the public prosecutor due in accordance with paragraph 2 of guideline to meet,

shall forthwith communicate the reasons for the refusal in writing to the Prosecutor, who

instruction issued. If the instruction takes, shall refer the matter without delay to your

the opinion of the head of the public prosecutor. The head of the Prosecutor's

shall be entitled to cancel the instruction, and to do so, shall discharge the thing the Prosecutor,

that instruction. The instruction is issued by the head of the State Prosecutor, shall discharge the thing

alone.



(4) in proceedings before the Court, the Prosecutor is not bound by the guidance of the head of

the public prosecutor or by the public prosecutor in charge of the case, that in

during the hearing of evidence changes the situation.



§ 12f



(1) the resulting from the exercise of supervision shall exercise in respect to the

representatives responsible for supervision in places where there is limited by personal

freedom [(§ 4 para. 1 (b))], instead of the closest higher State

the Prosecutor's Office and the head of the public prosecutor, designated prosecutors

(section 12, paragraph 5).



(2) if the public prosecutor responsible for surveillance in places where it is

limited personal freedom, refuses to comply with an instruction of the public prosecutor

executing in the matter of supervision referred to in paragraph 1, on the ground that the order is in

violation of the law, the supervising prosecutor, if the

your instruction, shall discharge the thing itself.



The provision of information



§ 12 g



(1) the public prosecutor's Office shall provide each other's information, which

they need to perform their tasks. Information for these purposes, means

details of the procedure, the public prosecutor in the exercise of its competence in the

certain things and details that in this context, the Prosecutor's Office

It has been found. With the right to require information is not associated with any law

intervene in the procedure in a case in which the information they require, unless

at the same time about the oversight.



(2) the Supreme State Prosecutor's Office in the exercise of its competence

shall be entitled to request from any of the public prosecutor's Office of the Special

report on the progress of public prosecutors in the performance of the scope of the State

the Prosecutor's Office or save this public prosecutor's Office in order to

a coherent approach in relation to the nearest lower public prosecutor's Office, in its

the circuit. Privilege top regional prosecution offices against the

close as possible to lower the public prosecutor in the exercise of supervision are not

without prejudice to the.



§ 12 h



(1) the Supreme Public Prosecutor's Office in ensuring the exercise of privileges and

duties of the Attorney General may at any time carry out the necessary

the findings of the public prosecutor's Office for any lower, that is

obliged to him at his request, provide the requested assistance. In doing so,

It may in particular require the submission of files opened with a lower State

the Prosecutor's Office, to inspect them, take copies and extracts from them and

to require such information and explanations necessary. In the case of other than the top

the Prosecutor's Office, the Supreme Public Prosecutor's Office is not entitled to

interfere with how to handle the case, which has not been completed.



(2) if the findings directly to the head of the public prosecutor or the shareholder has

authorized prosecutor of the competent public prosecutor's Office,

The Supreme Public Prosecutor's Office the results of findings to the competent Manager

the public prosecutor shall notify the. In the case of the Supreme Public Prosecutor's Office

the exploits of the Supreme Public Prosecutor's Office the results of the findings in the context of the

supervision.



section 12i



Processing of personal data by the public prosecutor's Office



(1) the public prosecutor's Office is authorized, within its scope provided for

by law to process personal data, including sensitive data (hereinafter referred to as

"personal information"). ^ 2) for the purposes of law enforcement is

authorised to lead the central register of prosecuted persons, which contains personal

data relating to the persons against whom criminal proceedings leads to

the victims, where appropriate, other persons participating in criminal proceedings and

further details to the offences that have been or should be committed, and information

with the immediately related.



(2) when processing personal data pursuant to paragraph 1 of the State

the Prosecutor's Office shall proceed under special legislation ^ 3)

the exception, when



and the public prosecutor's Office) is entitled to this work associate

the personal data that have been obtained for different purposes,



(b)) to the surrender or transfer of personal data to other countries in the framework of the

cooperation in criminal matters under the renowned

the international treaty, which the Czech Republic is bound, it is not necessary

prior approval of the Office for the protection of personal data.



1) § 62 and 62a of the Act on the family.




2) § 4 (b). a) and b) of Act No. 101/2000 Coll., on the protection of personal data and

amending certain laws, as amended by law No. 177/2001 Sb.



3) Act No. 101/2000 Sb. ".



10. Part four, including title and footnotes # ^ 4) ^ 4a) and ^ 5)

added:



"PART FOUR



THE SCOPE OF THE MINISTRY OF JUSTICE AND ADMINISTRATION OF THE PROSECUTOR'S OFFICE



section 13 of the



(1) the Minister of Justice may at any time request any State

the Prosecutor's Office about the status of the proceedings in each case in which the State

the Prosecutor's Office, if such information is needed to perform the tasks

The Ministry of Justice (hereinafter referred to as "the Ministry") or, if such a

information needs as a member of the Government.



(2) the Ministry may, through the competent head of State

ask any representative of the public prosecutor's Office on the processing of documents

necessary to hear claims for damages due to the applied

State liability for damage caused in the exercise of public powers. ^ 4)

the limits of assessing the above claims are authorised personnel of

the Ministry of law as they become familiar with the content of files and records equipment

the public prosecutor's Office, as well as the right of them require

copies and extracts.



Administration of the public prosecutor's Office



§ 13a



(1) the administration of the public prosecutor's Office is to create a

the Prosecutor's Office, the conditions for the proper exercise of its competence, in particular after the

the personnel, organizational, economic, financial and educational, and

supervise the manner and within the limits laid down by this Act to the proper performance of the

the tasks entrusted to the public prosecutor's Office.



(2) the performance of the administration of the public prosecutor's Office must not interfere with the performance of the tasks

arising from its scope.



§ 13b



(1) the central authority of the public prosecutor's Office is the Department of management.



(2) the management authorities of the public prosecutor's Office are leading public prosecutors

and their Deputy; the management authorities of the public prosecutor's Office acting on behalf of

the Prosecutor's Office in the extent to which the administration of the State

the Prosecutor's Office under this Act they perform.



§ 13 c



(1) the Prosecutor's Administration shall be exercised by the Ministry of

through the Attorney General.



(2) the upper Management, regional and District Prosecutor's offices

the Ministry carries out directly or through the competent leaders

prosecutors; administration of the District Public Prosecutor's Office may

exercise also by regional prosecutors.



(3) Leading public prosecutors shall exercise the management of the public prosecution service in the

the scope of this Act.



(4) the Deputy Heads of the public prosecutors shall exercise the administration of the State

the Prosecutor's Office in the range specified by the competent head of the public prosecutor;

in the District Public Prosecutor's Office, after consultation with the regional State

representative.



(5) while maintaining their own responsibilities may lead State representatives

delegate to various administrative tasks of the public prosecutor of another

Attorney or other employee of the prosecution service, in

headed by.



(6) the head of the prosecutors are for the performance of State administration

the Prosecutor's Office, headed by the, responsible Ministry; regional

prosecutors also correspond to the performance of the delegated management of the district

Public Prosecutor's Office.



(7) in the performance management of the prosecution service are the Chief of the State

representatives of senior prosecutors and other employees of the State

the Prosecutor's Office, headed by; regional prosecutors are

the public prosecution service senior management performance also by the District Government

representatives. The head of the public prosecutors in the performance of public administration may

Prosecutor's Office issued the measures for the child binding.



section 13d



(1) the Ministry shall exercise the management of the public prosecutor's Office by



and responsible prosecution offices) after the organizational,

in particular, determined with regard to the amount of discharged things State counts

representatives of professional and other staff and the public prosecutor's Office; u

The Supreme State Prosecutor's Office is to be established in the agreement with the highest

the public prosecutor,



(b)) provides the manner prescribed by law the running state

the Prosecutor's Office after the personnel,



(c) the operation of the public prosecutor's Office) provides the financial and

economic, in particular by providing funding and material

the security of the Prosecutor's offices and the review of economic

the activities of the public prosecutor's Office,



(d)) provides for the regional public prosecutor's Office within the approved

budget chapter of the State budget funds intended for farming

the regional public prosecutor's Office and the District Public Prosecutor's Office in the

its perimeter at least to the extent of the breakdown of the mandatory indicators

the law on the State budget,



e) organizes, directs and controls the performance of the administration of the public prosecutor's Office

carried out by the leading public prosecutors,



f) handles complaints lodged under this law on the procedure of the State

the Prosecutor's Office (hereinafter referred to as "complaints"),



g) methodology of selecting legal trainees and methodologically governed by their

recruitment,



h) manages and organizes the čekatelskou practice, in particular, lays down, for each

the regional public prosecutor's Office counts legal trainees and decides on

deduction of the period other legal activities to journeyman's practice,



I) organizes and ensures the professional examination of public prosecutors

(hereinafter referred to as "final exam"),



j) organise and manage the training of prosecutors and other

employees of the public prosecutor's Office,



k) monitors prosecutorial offices,



l) organizes, methodically directs and controls security tasks of the defence

and civil-emergency planning, the protection of classified information,

the safety of persons and property, fire protection and security and tasks

health at work (hereinafter referred to as "crisis management tasks and

Security "),



m) guides and governs the use of information technology,



n) performs other tasks in the performance management of the prosecution service

resulting from the legislation.



(2) the Ministry shall monitor the competence of public prosecutors

assigned or translated to the performance of the Chief, regional and

the district public prosecutors ' offices. To this end, the Ministry of



and methodically manages reviews) professional competence of public prosecutors

the leading public prosecutors,



(b) the assessment of professional competence) monitors the prosecutors and other

knowledge of their professional competence.



(3) the Ministry establishes the competence of the Council of State

representatives and after the organisational, financial and material secures the

its activities. The Ministry shall determine the terms of the election of its members and

alternate members from among the prosecutors.



§ 13e



(1) the Attorney General shall exercise Supreme State administration

the Prosecutor's Office by



and operation) ensures that the Supreme State Prosecutor's Office after the

human resources and organization, in particular by the occupation involved in the

The Supreme State Prosecutor's Office prosecutors, ensures its

the proper cast of other professional and other staff and shall be handled

personnel of public prosecutors and other employees of the Supreme

the public prosecution service,



(b)) provides for the operation of the Supreme Public Prosecutor's Office after the

economic, material and financial,



(c)) in accordance with the permissions set out in this law shall ensure the continuity of

management in the Supreme Public Prosecutor's Office and shall supervise the proper implementation of

the duties of public prosecutors and other staff working for this

the public prosecution service,



d) handles complaints,



e) takes care of the further vocational training of prosecutors and other

the Supreme Public Prosecutor's Office employees,



(f)) ensures that the tasks of crisis management and safety at the highest

the Prosecutor's Office,



(g) provision of information to the highest) ensures that the public prosecutor's Office

under special legislation, ^ 4a)



h) carries out other tasks, if provided for by this Act or special legislation

regulations.



(2) the Attorney General through the instructions of a general nature

publishes the sample organizational order of the public prosecutor and the harmonised and

checks the performance records of the prosecution service.



(3) the Attorney General takes care of the competence of the State

representatives of the assigned or translated for the performance of functions to the Supreme

Public Prosecutor's Office. For this purpose,



and competence) assesses prosecutors assigned or

translated to the performance of the Supreme Public Prosecutor's Office (section 32a

and 32b)



(b)), proceedings of the technical competence of the State

Representative pursuant to § 32d,



(c)) requires the Judicial Academy reports on the results of vocational

education needed for evaluating the competence of public prosecutors

According to letters and).



section 13f



(1) the Chief Public Prosecutor shall exercise Supreme State administration

the Prosecutor's Office by



and its operation for) provides the personnel and organizational, in particular

by presenting proposals for the Supreme State Prosecutor's Office


prosecutors, ensures the proper cast of professional and other

employees and handled by personnel of public prosecutors and other

employees of the Supreme Public Prosecutor's Office,



(b)) provides the operation of Supreme State Prosecutor's Office after the

economic, material and financial,



(c)) in accordance with the permissions set out in this law shall ensure the continuity of

proceedings in the Supreme Public Prosecutor's Office and shall supervise the proper implementation of

the duties of public prosecutors and other staff working for this

the public prosecution service,



d) handles complaints,



e) takes care of the further professional education of prosecutors and other

employees of the Supreme Public Prosecutor's Office,



(f)) ensures that the tasks of crisis management and security of the State

the Prosecutor's Office,



(g) provision of information to the highest) ensures that the public prosecutor's Office

under special legislation, ^ 4a)



h) carries out other tasks, if provided for by this Act or special legislation

regulations.



(2) the Chief Public Prosecutor examines performance records in the high

the public prosecutor and the regional public prosecutor's Office in its

the circuit.



(3) the Director of public prosecutions takes care of the competence of the State

representatives of the assigned or translated to the performance of the duties to the high

Public Prosecutor's Office. For this purpose,



and competence) assesses prosecutors assigned or

translated to the performance of the duties to the Chief Public Prosecutor (section 32a and

32B)



(b)), proceedings of the technical competence of the State

Representative pursuant to § 32d,



(c)) requires the Judicial Academy reports on the results of vocational

education needed for evaluating the competence of public prosecutors

According to letters and).



§ 13 g



(1) the regional public prosecutor carries out the regional State administration

the Prosecutor's Office and the administration of the District Public Prosecutor's Office in its perimeter

by



and running after them) ensures that the personnel and organizational, in particular

by presenting proposals for the regional public prosecutor's Office

and the District Public Prosecutor's Office prosecutors, ensures their

the proper cast of professional and other staff, personnel

State representatives and other employees of the regional State

the Prosecutor's Office and to the extent provided by State personnel also

representatives and other employees of the District Prosecutor's offices,



(b)) responsible regional and District Prosecutor's offices after

the economic, material and financial,



(c)) details the resources the State budget provided for chapter administrator

the State budget together for the management of the regional State

the Prosecutor's Office and for the management of the District Prosecutor's offices

at least to the extent of the breakdown of the Act on mandatory indicators

the State budget or by the administrator chapter of the State budget,



(d)) for the purposes of budgetary measures and limits to issuance

the district public prosecutors ' offices of the State chapter of the Manager

the budget,



(e)) in accordance with the permissions set out in this law shall ensure the continuity of

proceedings before the regional public prosecutor's Office and district

the Prosecutor's Office, shall supervise the proper implementation of the obligations of prosecutors and

other staff working in these State prosecutors ' offices,



f) handles complaints,



g) takes care of the further vocational training of prosecutors and other

employees of the regional and District Prosecutor's offices,



h) taking into account the observations of the Judicial Academy provides a selection of

legal trainees and with selected candidates be concluded a contract of employment,



I) directs and controls čekatelskou practice in the circuit of the regional State

the Prosecutor's Office and its performance,



j performance) checks the records at the regional and district State

the Prosecutor's Office,



k) provides crisis management and security at the regional and

the District Prosecutor's offices,



l) ensures the provision of information the Supreme Public Prosecutor's Office

under special legislation, ^ 4a)



m) controls and checks the performance of State administration district

the Prosecutor's Office carried out by district prosecutors,



n) shall carry out other tasks, if provided for by this Act or special legislation

regulations.



(2) the regional public prosecutor takes care of the competence of the State

representatives of the assigned or translated for the performance of functions to the regional

Public Prosecutor's Office. For this purpose,



and competence) assesses prosecutors assigned or

translated to the performance of the duties to the regional public prosecutor's Office or to the

the District Public Prosecutor's Office in its perimeter (section 32a and 32b)



(b)), proceedings of the technical competence of the State

Representative pursuant to § 32d,



(c)) requires the Judicial Academy reports on the results of vocational

education needed for evaluating the competence of public prosecutors

pursuant to point a),



(d)) requires the district public prosecutors testimonials and other items

assessment of professional competence of public prosecutors of the District Government

the prosecution referred to).



§ 13 h



(1) the District Public Prosecutor in accordance with the instructions of the Manager of the regional

the representative shall exercise the management of the District Public Prosecutor's Office by



and) is involved in ensuring its operation after the personnel and

the Organization, in particular, suggests the proper cast of the District Government

Attorney's Office prosecutors and other staff and shall be handled in the

the scope of the parent by the regional public prosecutor personnel

State representatives and other employees of the District Government

the Prosecutor's Office,



(b)) is involved in the running of the assurance of the District Public Prosecutor's Office

After the economic, material and financial,



c) handles complaints,



(d) performance) checks the records at the District Public Prosecutor's Office,



e) oversees the čekatelskou practice for her performance at the district

the public prosecution service,



(f) provision of information to the highest) ensures that the public prosecutor's Office

under special legislation, ^ 4a)



g) carries out other tasks, if provided for by this Act or special legislation

regulations.



(2) the District Public Prosecutor in accordance with the permissions set out in this

the law shall ensure the continuity of District Public Prosecutor's Office and

shall supervise the proper implementation of the obligations of prosecutors and other

the employees of the Prosecutor's Office.



(3) the District Attorney pursues the competence of State

representatives of the assigned or translated to the District Government

the Prosecutor's Office. On the basis of their knowledge, opinions and other processes

basis for the evaluation of their professional competence.



§ 13i



Where the competent authority of the administration of the public prosecutor's Office, the State

the representative of the culpably violated the duty of the public prosecutor, or that his

behavior or actions threaten confidence in the activities of the public prosecutor's Office

or decreased by seriousness and dignity, a public prosecutor shall submit a

a proposal to begin the disciplinary proceedings under special legislation; ^ 5)

proceedings under special legislation shall also,

If the State Prosecutor is incapacitated for the performance of functions under section 26(3). 1.



section 13j



The management authorities of the public prosecutor's Office shall, in the exercise of their

scope of application in conjunction with the interest organizations of public prosecutors, with the

which discuss in particular



and) bills that will significantly affect the scope of the State

the Prosecutor's Office and the manner of its exercise,



(b)) the essential measures relating to the organisation of the prosecution service,

the position of public prosecutors and the public prosecution service management performance.



4) § 6 para. 2 Act No. 82/1998 Coll., on liability for damage

caused in the exercise of public authority decision or incorrect official

the procedure and on the amendment of Act No. 358/1993 Coll., on the notarial profession and their activities

(the notarial regulations).



4A) of section 16 of Act No. 106/1999 Coll., on free access to information.



5) Act No. 7/2002 Coll., on proceedings in cases of judges and public

representatives. ".



11. paragraphs 14 to 16 including the footnotes # 5a) up ^ 5 d) shall be added:



"section 14



(1) the ministries and other State authorities, local self-government authorities, institutions as well as

even professional and representative local government authorities are required to

the Prosecutor's Office in the exercise of its jurisdiction in a particular case without delay

lease files and papers. Prosecutors have the right, within the limits of the performance

the scope of the public prosecutor's Office files and documents borrowed

to inspect and take copies and extracts from them.



(2) the ministries and other State authorities, local self-government authorities, institutions as well as

even professional and representative bodies of self-government shall without delay comply with

addressed letters rogatory of the prosecution service činěným within the limits of its competence and

be administered to him necessary explanations. In the event that lays down specific

legislation, it is for the execution of letters rogatory cash performance. ^ 5a)



(3) the obligations referred to in paragraphs 1 and 2 shall also apply to legal persons;

on the physical persons, to the extent in which they are special

law entrusted to the performance of State administration or in which they perform


business activity.



(4) the courts are obliged to allow the public prosecutor in the exercise of his

the scope of access to judicial records and take copies of them and

listings. If the public prosecutor's Office in the exercise of its competence it shall request

the court file of a lease, the Court may refuse the request only if it

hampered by serious reasons.



(5) the provisions of paragraphs 1 to 4 shall not affect the obligations arising

of the specific legislation on the protection of classified information,

protection of trade secrets protection law or stored or recognized

obligations of confidentiality. ^ 5b) For the law recognised obligation of secrecy

for the purposes of this Act, shall not be considered such an obligation, the extent of

It is not defined by the law, but it is clear from the legal act issued on the basis of

the law.



§ 15



(1) If a special law provides otherwise, each is required to

the challenge to the State Prosecutor's Office and lodge here needed

the explanation. An explanation of the content and of the progress of the Act shall prepare and

record.



(2) an explanation of the circumstances cannot be requested relating to classified

the facts protected special legislation from the one who is

obliged to keep in secret, or from those who would explain

has violated another law saved or recognized an obligation of secrecy

unless he was relieved of these obligations by the one who is under

special legislation authorized.



(3) an explanation may deny a person who would himself or a person

close ^ 5 c) issued the danger of criminal prosecution. The Prosecutor is

entitled to the justification for a denial of review, if such a procedure is not in

contrary to the purpose for which the explanation required.



(4) who will come for the challenge referred to in paragraph 1 shall be entitled to reimbursement of the

expenditure under the conditions and in the amount provided for by the legislation on travel

compensation and for the reimbursement of the proven loss of earnings ("refund").

Compensation granted by the State through the public prosecutor's Office, which

challenge issued. Entitlement to the refund is not the one who was a

asked to explain the prosecution as a result of its own

infringement or exclusively in personal interest.



(5) the entitlement to the refund shall cease, if not redeemed within 3 days

by a person to the public prosecutor's Office to the challenge referred to in paragraph 1

came; about this person must be taught.



(6) the provisions of paragraphs 1 to 5 shall not apply to the procedure

the Prosecutor's Office when requesting an explanation of the specific

legislation. ^ 5 d)



section 16 of the



(1) a person who without reasonable excuse fails to comply with the invitation of the State

the Prosecutor's Office in accordance with § 15 para. 1, the State Prosecutor may save

fined up to $ 50,000, or may order the

the demonstration. It is possible to save fined repeatedly.



(2) against a decision imposing a fine, the complaint is admissible,

which shall have suspensive effect. The complaint may be filed with the public prosecutor's Office,

that fined imposed, within 3 days from receipt of the written

decision imposing a fine. If the public prosecutor's Office complaints

itself does not pass, submit it without delay to the nearest higher decision

Public Prosecutor's Office or the Supreme Public Prosecutor, if deposited

the Supreme State Prosecutor's Office fined.



(3) The notification of the decision of the riot to a fine time, determine the

the terms of the written copy of such decision, deciding on

the complaint against him and the demonstration of the people otherwise used appropriately

the provisions of the code of criminal procedure.



(4) a final decision imposing a fine is enforceable

the deadline for filling. Execution of the decision on a proposal from the State makes

the Prosecutor's Office, which decided to impose a fine in the first instance, the Court

According to the code of civil procedure. The yield of fines is the income of the State

the budget of the United States.



(5) where the request does not comply with § 15 para. 1 member of the armed forces

or armed corps in active service, the Prosecutor's Office may

left to his disciplinary punishment to the responsible leader, Chief or

the Director. If such does not comply with the invitation, the person who is in custody or in a

imprisonment, it may leave the public prosecutor's Office

the Director of the prison or the prison, to save the disciplinary measures

or to kázeňskému. The Commander, the Chief or Director

is obliged to inform about the outcome of the Prosecutor's Office. Similarly,

in the case of persons who are subject to disciplinary liability under

special legislation.



for example, section 5A). 9 of Act No. 48/1997 Coll., on public health

insurance and amending and supplementing certain related laws, as amended by

Act No. 242/1997 Coll., Act No. 2/1998 Coll., Act No. 125/1998 Coll.,

Act No. 222/1999 Coll., Act No. 363/1999 Coll., Act No. 18/2000 Coll.

Act No. 129/2000 Coll., Act No. 155/2000 Coll., Constitutional Court

No 167/2000 Coll. and Act No. 258/2000 Coll.



5B) for example, section 24 of Act No. 337/1992 Coll., on administration of taxes and fees, in the

amended by Act No. 35/1993 Coll., Act No. 156/1993 Coll., Act No. 302/1993

Coll., Act No. 316/1993 Coll., Act No. 323/1993 Coll., Act No. 85/1994

Coll., Act No. 255/1994 Coll., Act No. 58/1995 Coll., Act No. 118/1995

Coll., Act No. 319/1996 Coll., Act No. 61/1997 Coll., Act No. 242/1997

Coll., Act No. 91/1998 Coll., Act No. 29/2000 Coll., Act No. 159/2000

Coll., Act No. 218/2000 Coll., Act No. 227/2000 Coll., Act No. 367/2000

Coll., Act No. 273/2001 Coll. and Act No. 320/2001 Coll. and section 7 of the Act.

61/1996, on certain measures against the legalization of proceeds of crime

activities of and amendments to related laws, as amended by Act No.

15/1998 Coll. and Act No. 155/2000 Coll.



5 c) section 116 of the civil code.



5 d), for example, the criminal procedure code. ".



12. in article 16, the following new sections 16a and 16b, which including headings and

footnote # ^ 5e):



"§ 16a



Reception and treatment administration



(1) the administration shall be assessed according to its contents; You can do so in writing,

by telegram, telefax, telex, electronic mail or

orally.



(2) the filing must be perceptible, who is served, in which case, what are the

the reasons for it and the one who is made, after the Prosecutor's Office

It seeks. If the Administration does not have any of the listed terms and if it is not even

After a warning by the deadline set by the person filing it has made, accompanied by,

the State Prosecutor's Office is without measure spawns. Anonymous submissions will

investigations on only if they contain sufficient information for it to

their contents can be examined; otherwise the submission without measures spawns.



(3) if it is not due to the submission of the relevant public prosecutor's Office, which

the filing was made and of the content of the submission shows that his execution is

the other public prosecutor's Office, the administration of the State

the Prosecutor's Office and who has filed a submission, inform.



(4) if there is no pending administration under the responsibility of the public prosecutor and to the

his handling of another national authority is competent, the Prosecutor's Office

which was done without delay the filing shall send to the person who has made and

inform him by nature of things about it, whom to contact. If from

the content of the submission and its contents does not imply affiliation, apparently is not related to

the activities of the public prosecutor's Office, the Prosecutor's Office informs

the one who has made the submission, and submission of the spawns.



(5) if the submission of the necessary requisites and his handling is in

the scope of the public prosecutor's Office, which has been done, the State

the Prosecutor's Office shall examine his soundness. If it finds violations of law or

another law, within its competence, shall adopt appropriate

measures to remedy the situation.



(6) after examination of the merits test administration is obliged to put on the public prosecutor's Office

up to notify within 2 months of receipt of the submission

or return it to the higher public prosecutor's Office who is made;

This time limit may be exceeded only if you cannot get in the process

the documents required for the execution of administration, about need of the person who

Administration has made, notify in writing.



(7) if the person who has made the submission, with the way the settlement satisfied, may

request review pending the submission of the next higher State

the Prosecutor's Office, whose decision in the same case is final. About how it should be

the person who has filed a submission, you always learn. If the request for review procedure

the Prosecutor's Office has new fact which would themselves

or in conjunction with other may justify a different assessment of the things closest to the

higher State Prosecutor's Office returns sub-district public prosecutor's Office to

the review again.



(8) the provisions of paragraphs 1 to 7 shall not apply to the administration of the State taken in order

the Prosecutor's Office under special legislation. ^ 5e)



section 16b



Complaints



(1) everyone is entitled to make a complaint to the delays in carrying out the tasks

Public Prosecutor's Office or the inappropriate behavior of prosecutors and

other staff of the public prosecutor's Office.



(2) to respond to the complaint is the head of the public prosecutor, which is

superior to the Prosecutor against whom the complaint is made; It is also


responsible for processing complaints against employees of the State

the Prosecutor's Office, headed by. To respond to a complaint seeking

Supreme Public Prosecutor is the Minister of Justice.

A complaint shall be filed with the person who is responsible for its processing.



(3) a person who is competent to respond to the complaint is obliged to examine the

the facts in the complaint referred to; If required by the proper examination of the

the complaint, the complainant shall be heard, the person against whom the complaint is directed,

where appropriate, requests a representation of another person, that can contribute to

clarification of the matter. If the complaint is found to be substantiated or partially

reasonable, it shall inform the complainant in the context of the notification of the complaint,

What measures have been taken for the Elimination of deficiencies found.



(4) if in the same case filed another complaint with the same complainant, without

would contain new facts, the complaint without further investigation will establish

and the complainant is no longer nevyrozumívá; It should be the complainant in reply

the previous complaint.



(5) on the submission and handling of complaints otherwise provisions

governing the submission of the public prosecutor's Office, adding that the review of the

complaint is the head of the Prosecutor's boss

the head of the public prosecutor that handled the complaint and, if the complaint

on behalf of the Attorney General or the Ministry of the Minister

Justice.



5E) for example, code of criminal procedure, Act No. 85/1990 Coll. on the right of the Petitions,

Act No. 106/1999 Coll., on free access to information, as

Act No. 101/2000 Coll. and Act No. 155/2000 Coll. ".



13. in § 17 paragraph 1, including footnote # ^ 5f) reads as follows:



"(1) A representative may be appointed as a State citizen of the Czech Republic,

who is competent to perform legal acts, of integrity, on the date of appointment of the achieved

the age of at least 25 years, earned a college degree by studying

Master's programme in the field of law at a University in

The Czech Republic, ^ 5f) has passed the final test, his moral

guaranteeing that the property will function properly to hold, and agrees with the

his appointment as a public prosecutor and with the allocation to a specific

Public Prosecutor's Office.



5F) section 46 of Act No. 111/1998 Coll., on universities and amending and

supplement other laws (law on higher education), as amended by Act No.

210/2000 Coll. and Act No. 147/2001 Coll. ".



14. In article 17, the following paragraph 4 is added:



"(4) the condition of integrity does not meet one who was finally convicted

for a criminal offence if it under special legislation

or the decision of the President of the Republic does not look as if he has been convicted ".



15. sections 18 to 22, including headings and footnotes # ^ 5 g) and ^ 5 h)

shall be added:



"section 18



(1) a public prosecutor is created by the appointment.



(2) the Prosecutor shall be appointed by the Attorney General on a proposal from the

the Minister of Justice for a period of time.



(3) the Prosecutor made up after his appointment into the hands of the Minister of

Justice this promise: "I promise on my honour and conscience that I will be at

the protection of the public interest to proceed in accordance with the Constitution and the laws of the

The United States, as well as the international treaties by which the Czech

Republic, I will respect human rights, fundamental freedoms and the

human dignity and maintain secrecy about the things I learn in

connection with the performance of a public prosecutor, and even after the end of

the performance of this function. In the performance of a public prosecutor and private

life I am going to protect the dignity of their profession. " Denial of the promise, or

the composition of the promise subject to has resulted in the demise of the public prosecutor.



(4) the employment of the Prosecutor is based to the Czech Republic

the appointment of the public prosecutor and after the oath according to the

paragraph 3, the date of which is determined by the onset of the performance of this function.

Unless otherwise provided by this Act, shall exercise the rights and obligations of the

employment of the Prosecutor's Office, which is a State representative

assigned to the function.



(5) the employment of a public prosecutor, ending on the date of termination of the functions of the State

representative.



(6) the employment of prosecutors shall be governed by the labour code, if

This law provides otherwise.



(7) the remuneration of public prosecutors is editing a special law.



The allocation for the performance of a function and its changes



§ 19



(1) the Prosecutor shall be allocated to the performance of a specific function to the

the Prosecutor's Office, the Minister of Justice on the basis of its prior

consent. The additional appeal of this consent will result in termination of

function, unless the Prosecutor with his consent to assign to another

Public Prosecutor's Office.



(2) the Minister of Justice, the public prosecutor can resolve with his

consent or at his request, to another public prosecutor's Office the same

or higher degree; unless otherwise provided by this Act, to the State

the Prosecutor's Office at a later stage the Minister of Justice to translate

the public prosecutor only at his request. The request for a transfer State

Representative through the Attorney General, that the application

connects your opinion. The State Prosecutor may, up to the date of the decision

the Minister of Justice about the change to its allocation of the request to take back. When

translation of public prosecutors to the public prosecutor of higher degree

account also of the assessment of their professional competence.



(3) if the proper performance of the public prosecutor's Office to ensure

procedure laid down in paragraphs 1 and 2, the Minister of Justice after consultation of the

the head of the public prosecutor, public prosecutor's Office, to which the State

representative assigned to translate the public prosecutor without the consent or

the request to another public prosecutor's Office, if there is a change in the law

the organisation of the prosecution service or change the circuits of the State

the Prosecutor's Office.



(4) in accordance with paragraph 3, the Prosecutor may be resolved only to another

the public prosecutor of the same degree within the perimeter of the State

the Prosecutor's Office about one degree higher or to the public prosecutor's Office

about one degree lower in the circuit State Prosecutor's Office, to which the

the State Prosecutor is assigned to the function. Translate Attorney

referred to in paragraph 3 can only be used within 6 months from the effectiveness of the Act, which

the reason for this decision is based; for the same reason you cannot state

translate Representative repeatedly. When translating a referred to in paragraph 3 shall

taking into account also the personal and family circumstances of the public prosecutor and to the

reviews of his professional competence.



(5) the public prosecutor, which was translated for the performance of functions to another

the public prosecutor in accordance with paragraph 3 shall be retained salary, which

He would otherwise by a special legal regulation is involved, if he

There will be entitled to a salary fold higher.



(6) the Minister of Justice against the decision referred to in paragraph 3 may be made

under special legislation ^ 5 g) to appeal to the Supreme

the Court.



§ 19a



(1) the Prosecutor may be in the interest of the ordinary tasks of the State

the Prosecutor's Office, with his consent, temporarily assigned to the performance of the

the State Prosecutor to another public prosecutor's Office for a maximum of 3

years or another authority or organisation for a maximum period of one year.

The State Prosecutor may be with their consent in order to use the experience

or deepening expertise temporarily assigned to the Ministry of

or to the Judicial Academy for a maximum period of one year.



(2) for temporary assignment to another public prosecutor's Office decides

the head of the public prosecutor public prosecutor's Office, which is in relation to the

both the competent public prosecutors ' offices of the next higher. In the case of

secondment to the Supreme Public Prosecutor's Office decides

the Attorney-General. In other cases shall be decided by the Minister of

Justice, after consultation with the Attorney General and in the case of

secondment to another institution or organization, whether or not on the basis of

their consent or request. Part of the decision and determine the time

the temporary allocations, which cannot, without the consent of the public prosecutor

lengthen.



(3) the Attorney temporarily assigned to another public prosecutor's Office

After the period of secondment has the right to



and ensure adequate accommodation) cost of the State at the headquarters of the State

the Prosecutor's Office, which has been temporarily assigned, it cannot be

legitimately require that day took place to the exercise of a function in this State

Prosecutor's journey from his place of residence,



(b)) other than compensation for the use of professional road transport

the vehicle to travel from his place of residence to the State Prosecutor's Office, to

which has been temporarily assigned to and back, if this was agreed; the amount of this

the compensation is governed by the laws and regulations governing compensation for the use of

road motor vehicles in the missions performed

employees in employment,



c) replacement of the proven travel expenses incurred for the journey from the place of

their place of residence to the State Prosecutor's Office, which has been temporarily

assigned to and back, if not for their way right to reimbursement under

subparagraph (b)).




(4) the provisions of paragraph 3 shall apply mutatis mutandis, if the Prosecutor according to the

This law temporarily assigned to the Ministry, the Judicial Academy or

to another institution or organization in the Czech Republic.



section 20



Work readiness



(1) a prosecutor may be the head of the public prosecutor is mandated by the

work readiness of not more than 600 hours in a calendar year to the

carrying out the tasks for which the public prosecutor's Office competent according to the law,

If their implementation does not tolerate delay. When ordering the work

Emergency Department Chief of the State representative shall ensure uniform load all

prosecutors.



(2) for a period of on-call time is the State representative shall be obliged to remain

According to the decision of the head of the public prosecutor in the workplace, in a location

place of residence or at another suitable place.



section 21



The demise of the public prosecutor



(1) a public prosecutor shall expire on



and) in which the Prosecutor had the oath if the oath

denied or passed, subject to



(b)) in which, after his appointment the State Prosecutor subsequently appealed

acceptance of the first secondment, if not with his consent to assign to

another public prosecutor's Office,



(c)) for which the Prosecutor lost the citizenship of the Czech Republic,



(d)), to which he was appointed by the judge, the Prosecutor elected to or

Senator of the Parliament of the Czech Republic or a member of the Municipal Council

territorial self-governing unit,



(e)) for which the Public Prosecutor established functions within the public administration,



f) 31. December of the calendar year in which the Prosecutor reaches the age of

65 years



g) death of the public prosecutor or the date of the decision of its

Declaration of death.



(2) the public prosecutor also expires on the date of the decision



and that was the State Prosecutor) deprived of legal capacity or competence

that was his competence to perform legal acts is limited,



(b)) which was State representative convicted of a crime committed intentionally

or sentenced to imprisonment for an offence

committed by negligence,



(c)) that it was found that the Prosecutor is a reason referred to in section

26 paragraph 2. 1 incompetent to exercise the functions of the public prosecutor,



(d)) which, it was found that the Prosecutor is competent to

to perform this function,



e) imposing disciplinary measures, appeal from the public prosecutor.



(3) the Prosecutor may resign by written notice to the Minister functions

Justice; Public Prosecutor expires 2 calendar

months following the month in which the notice of the public prosecutor of the

the fact that the public prosecutor gives up, was the Minister of Justice

delivered.



section 22



A temporary exemption from the performance of the



(1) the Minister of Justice temporarily relieved of performance of the duties of the State

Representative, if one has been temporarily assigned to the Ministry or the Judicial Academy

pursuant to section 19 para. 1, for the period of that temporary assignment.



(2) the Minister of Justice may temporarily relieve the performance of the duties of the State

the representative,



and) which is prosecuted, and that the final end of the criminal

the prosecution,



(b)) if it is able in the printer and it has been proposed to be prosecuted for his removal from Office, on the

for the final completion of the disciplinary proceedings,



(c)) if the reason referred to in section 26 para. 1 proceedings for his

inability to perform the duties of the public prosecutor, for a period of up to

the final completion of this proceeding.



(3) a temporary exemption from the performance of the duties of the public prosecutor will occur on the date, in

which the public prosecutor delivered a decision on the suspended,

If it is not listed in the decision a day later.



(4) for a temporary exemption from the performance of the duties referred to in paragraph 1 for the

the public prosecutor of his former salary, according to a special legal

prescription. ^ 5 h)



5 g) § 250 l et seq. Code of civil procedure.



5 h) Act No. 201/1997 Coll., on salary and some other elements of the

prosecutors and amending and supplementing Act No. 143/1992 Coll., on salary

and remuneration for work stand-by in budgetary and certain other

organisations and bodies, as amended by later regulations, as amended by law

No. 155/2000 Coll. and Act No. 14/2002 Coll. ".



16. section 23 to 26, including the title of the seventh section and footnotes # ^ 5i)

up ^ 5 k) are added:



"PART SEVEN



THE POSITION OF PUBLIC PROSECUTORS



Article 23 of the



(1) the Prosecutor's performance of his/her duties ensures that the scope of the State

the Prosecutor's Office; made by the acts are considered as acts of the State

the Prosecutor's Office.



(2) the liability for damage caused by unlawful decision or

incorrect official procedure is governed by the special public prosecutor's Office

legislation. ^ 5i)



section 24



(1) the Prosecutor in the performance of its functions shall be obliged to exercise responsible citizenship

their duties and respecting the principles of that Act for the activities of the State

the Prosecutor's Office shall determine; in particular, it is obliged to do conscientiously,

responsibly, impartially, fairly and without undue delay. Any

external intervention or other influence, the effect of which would be a violation of

some of those obligations, must be rejected.



(2) the public prosecutor in the exercise of their functions in their personal life and

in the exercise of their political rights must avoid everything that would

could inspire reasonable doubt about compliance with the obligations referred to in

paragraph 1, compromise the seriousness of the public prosecutor or the seriousness of the

the public prosecution service or undermine the confidence in the impartial performance of the

the scope of the public prosecutor's Office or the public prosecutor. State

in particular, the representative



and in the performance of their functions) may affect the interests of the political

party, public opinion or the media,



(b)) their function impartially and without must exercise economic,

social, racial, ethnic, sexual, religious, or other

prejudice and in relation to persons with whom it is in the performance of its functions,

must abstain from expressions of personal sympathy, affection or negative

attitudes,



(c)) shall not allow the public prosecutor has been misused to

the promotion of private interests,



d) must responsibly manage your own access assets and property,

whose management was entrusted to him, to enter into such commitments

the performance does not prejudice the proper performance of the duties of the public prosecutor, and his

Financial Affairs to organize so that they could not be used to

undue influence of his person in connection with the performance of the function

the Prosecutor,



e) shall act as an arbitrator or provider of legal solutions

the dispute, represent the participants in legal proceedings or act as an agent

victim or the person concerned in judicial or administrative proceedings,

except for legal representation or the cases in which such a procedure

allows a special legal regulation, or cases in which it will be

representing the next party to the proceedings in which the State itself is party to

representative.



(3) the Prosecutor is obliged to continuously educate and deepen their

knowledge for the proper performance of the function. In particular, is obliged to participate in the

vocational training in the Judicial Academy, training organised

Public Prosecutor's Office and to submit to the law laid down by the way

evaluation and assessment of their expertise and knowledge.



(4) the Prosecutor is obliged to maintain a proper respect for others

prosecutors, other persons executing the legal profession, to

other staff of the public prosecutor and other persons with whom the

in the exercise of their functions; in particular, is obliged to refrain from unreasonable

public criticism of the prosecution service and the performance of its mission,

other prosecutors, judges, lawyers and notaries.



(5) the Prosecutor shall contribute their knowledge and skills in the vocational

the preparation and training of prosecutors, judges, legal

and judicial trainees and other employees of the public prosecutor and the

the courts run by the Judicial Academy, Ministry of, State

Prosecutor's Office or the courts. Unless its obligations in the performance of

function, prosecutors can contribute their knowledge or training

preparation, in particular lawyers and trainee lawyers.



(6) State representative may not hold any other paid or

engage in any gainful activity except to manage their own assets

and the activities of the scientific, educational, literary, journalistic, artistic,

translation and governmental advisory bodies of the Ministry, the Government and in

the bodies of the Chambers of Parliament, ^ 5j), provided that such activities are

compatible with the requirements of the proper performance of the functions of the public prosecutor.



(7) if the Prosecutor in charge of the individual act of administration

the public prosecutor is obliged to officially act responsibly.



§ 25



(1) the Prosecutor is required to maintain the confidentiality of the matters about which

learned in connection with the performance of their duties, even after the end of

performance of the duties of the public prosecutor.



(2) If a special law provides otherwise, ^ 5 k) may state

the representative of the non-disclosure agreement to relieve the serious reasons of State

representative; the Attorney General shall discharge all duties

confidentiality the Minister of Justice.



section 26




The inability to perform the functions of the public prosecutor



(1) the Prosecutor is not eligible for performance of the duties of the public prosecutor,

If



and an adverse health condition) does not allow to perform this function in the long term

the Prosecutor,



(b)) was convicted for a criminal offence, and such a conviction did not lead to

the demise of the public prosecutor, if the offence for which he was convicted,

by its very nature calls into question the credibility of its further continuance in Office

the public prosecutor.



(2) the Prosecutor is not eligible for the performance of functions of the State

Representative, if the proper performance of functions makes it impossible for his lack of

the competence.



5I) Act No. 82/1998 Coll.



5J) § 49 paragraph 1. 6 of law No. 218/2000 Coll. on budgetary rules and the

changes to some related acts (budgetary rules).



5 k) for example, § 46 para. 5 (b). h) Act No. 148/1998 Coll., on the protection of

of classified information and on amendments to certain laws, as amended by Act No.

168/1999 Coll., Act No. 18/2000 Coll., Act No. 29/2000 Coll., Act No.

30/2000 Coll. and Act No. 366/2000 Coll. ".



17. section 27 to 32 shall be added:



the "section 27



The Prosecutor is responsible for disciplinary transgressions.



section 28



Disciplinary offense is culpable breach of duties of the public prosecutor,

culpable behaviour or conduct of the public prosecutor, which undermines confidence in the

the activities of the public prosecutor's Office or reduces the severity of and dignity

a public prosecutor.



section 29



The responsibility of the public prosecutor for disciplinary transgressions shall cease, if the 2

years from his committing filed a proposal to begin the disciplinary proceedings.



section 30



(1) A disciplinary offence to the public prosecutor can save by severity

disciplinary misdemeanour of some of these disciplinary measures:



a) reprimand,



(b)) pay cut by up to 25% for a maximum of 6 months, and when the

the disciplinary offence to which the Prosecutor committed in time before the

zahlazením disciplinary penalties, for a maximum period of 1 year,



c) removal from Office.



(2) since the imposition of the disciplinary measures may be dispensed with if discussion of the disciplinary

wrongdoing the Prosecutor is sufficient.



(3) the minor flaws and lapses can lead the Prosecutor to

representatives in writing, without having filed a proposal to begin the disciplinary

control.



section 31



Disciplinary proceedings with government representatives governs special legislation. ^ 5)



§ 32



Under special legislation referred to in section 31 shall also

the case that



and the State Prosecutor negative) health condition prevents

to carry out its function [section 26 (1) (a))],



(b)), the State Prosecutor was sentenced for a criminal offence, and such

the conviction did not lead to the extinction of the function if the offence for which he was the State

the representative of the convicted, by its very nature calls into question the credibility of his next

continuance in Office of the Public Prosecutor [section 26 (1) (b))]. ".



18. As part of the eighth, the following part nine, including title and

footnote # 5 l) and ^ 5 m) is added:



"PART NINE



THE COMPETENCE TO EXERCISE THE FUNCTIONS OF THE PROSECUTOR



Assessment of professional competence



section 32a



(1) the competence of prosecutors assigned or translated

for the performance of functions to the regional and district public prosecutors ' offices,

evaluate when the time of 36 months of their taking office

the public prosecutor.



(2) the competence of prosecutors assigned or translated

to the performance of the Chief Public Prosecutor's Office or to the Supreme

Public Prosecutor's Office, as well as the prosecutors assigned or

translated to the performance of the duties to the regional and district State

the prosecution, which has elapsed since the commencement of the functions of the State

the representative period referred to in paragraph 1, shall be evaluated on the expiry of 60

months after taking office, or from a prior assessment of their

professional competence.



(3) The periods referred to in paragraphs 1 and 2 shall be included on the holidays

annual leave. If the State Prosecutor has not performed its function due to obstacles

work on his side, or leaves of absence from work or from

other serious reasons, be included in the terms laid down in paragraphs

1 and 2, no more than 3 months in a calendar year; This time, however, can be

in this way, extend for a maximum of 24 months.



(4) the evaluation shall take into account, in particular, to expertise, work

results, organisational skills and personality characteristics

prosecutors, knowledge of the implementation of the surveillance, as well as to the activities,

which prosecutors perform above and beyond the normal working

obligations to the tasks of the public prosecutor's Office. Support Center

the competence of the public prosecutor shall be assessed, in particular, the following

perspectives:



and what is the level of knowledge) laws and other legislation applied

in the activities of the public prosecutor,



(b)) what is the ability to apply its knowledge and expertise in the activities

the Prosecutor,



c) what is the level of theoretical knowledge and knowledge of case law

relating to the activities of the public prosecutor's Office,



(d)) what is its ability to organize its work and the activities of the State

the Prosecutor's Office,



(e)) whether publishing, scientific and pedagogical activities and what,



f) what are the results of vocational education of the public prosecutor, and that

primarily on the basis of the reports of the results of its vocational education

drawn up by the Judicial Academy.



(5) the competence of the Prosecutor can be evaluated as

excellent, compliant or non-compliant.



§ 32b



(1) the competence of public prosecutors evaluate the



and the regional public prosecutor) in the case of the public prosecutor of the regional

the Prosecutor's Office and the District Public Prosecutor's Office in its

the circuit,



(b) the Director of public prosecutions), in the case of the public prosecutor of the Supreme State

the Prosecutor's Office,



(c)), the Attorney General, in the case of the public prosecutor of the Supreme

the Prosecutor's Office.



(2) the head of the State prosecutor assesses him superior Chief of the State

representative; the Prosecutor is not subject to assessment.



(3) the competence of public prosecutors must be relevant

leading prosecutors of the evaluated no later than 3 months after the

the expiry of the periods referred to in paragraph 1(b), section 32a. 1 and 2, unless serious

the reasons why. Assessing professional competence must be the State

the representative informed no later than 15 days after the competent

the head of the public prosecutor closed.



(4) if the competence of the Prosecutor evaluates

unsatisfactory, the head of the public prosecutor not later than 1 month

from the day when the trial was closed, the public prosecutor shall submit a proposal to the

the initiation of the technical competence of the public prosecutor under section 32d.



section 32 c



The competence of the Council of public prosecutors



(1) the competence of the Council of public prosecutors (hereinafter referred to as "the Council")

shall decide on the proposals on the assessment of professional competence of State

representatives.



(2) the Council has 9 members and consists of the public prosecutor of the Supreme State

the Prosecutor's Office, elected prosecutors of the Supreme State

the Prosecutor's Office, the Prosecutor, elected prosecutors each

from the top of the prosecution service from their ranks, and 2 prosecutors

determine by lot from among the representatives of the proposed regional government

Prosecutor's offices; members of the Council are the judge, the proposed Judicial

the Council of the Supreme Court, lawyer, designed by the Czech Bar Chamber, and 2

experts from the field of criminal law, the design of the Deans of the law schools

universities are based in the Czech Republic.



(3) If a member cannot participate in the deliberations of the Council, shall represent the

substitute. Alternates are selected from a member of the Council of public prosecutors

The Supreme State Prosecutor's Office, and for the members of the Council elected from among

representatives of the top state prosecutors ' offices State elected representatives

These authorities, as members of the Council, for State representative district

the Prosecutor's offices for more prosecutors of proposing the regional

Public Prosecutor's offices in the order determined by lot, per judge for more

the judge suggested Judicial Council, Supreme Court, a lawyer for the Czech

Bar Association proposed Attorney, and experts from the field of criminal

other rights experts proposed the Deans of the law schools of the universities

based in the Czech Republic.



(4) the members and alternate members of the Council of public prosecutors of the Supreme State

the Prosecutor's Office, members and alternates of the Council of public prosecutors of the upper

the public prosecution services and prosecutors suggested to the Council of the regional

Public Prosecutor's offices are elected by provincial prosecutors

the public prosecutor's Office in equal, direct and secret elections.

To vote, be elected and make proposals to the members and alternate members of the Council have

the right of all prosecutors assigned or seconded to the performance of the

the Prosecutor's Office, which conducted the election. Each State

the representative may vote for only one of the proposed candidates.



(5) in the elections held by the Assembly of prosecutors of the Supreme

the Prosecutor's Office and the provincial prosecutors top

Public Prosecutor's Office, the State Prosecutor who obtained the largest number of


votes, elected member of the Council and of the public prosecutor, which is placed on the

the following place is elected as its alternate. In the election held

the provincial government representatives of the regional State Prosecutor's Office is

designed as a member of the Council of the public prosecutor, which won the largest number of

votes. In case of equality of votes, will decide the order of the draw.



(6) the Assembly of prosecutors to the election of members and alternates of the Council

shall be convened by the head of the public prosecutor on the basis of date

the elections provided for by the Ministry.



(7) the objections to the validity of elections in accordance with paragraphs 4 and 5 may be made

the completion of the Assembly of prosecutors called to make a choice;

the opposition finally this meeting, any

a review of its decision is excluded.



(8) the members of the Board and their respective alternates from the ranks of judges, lawyers and experts from

law appointed by the Minister of Justice on the proposal of the judicial college

The Supreme Court of the Czech Bar Association or law schools

the high schools located in the territory of the Czech Republic; members of the Council and their

alternates from among the prosecutors of the proposed regional government

prosecutors called on the basis of the results of the draw carried out by him.

Experts from the field of criminal law, which proposed as members of the Council and the

their alternates Deans of the law schools of the universities located in

The Czech Republic shall be judges, prosecutors or

lawyers.



(9) the term of Office of members of the Board and their alternates takes 3 years from their

election or appointment.



(10) a State representative elected member of the Council of public prosecutors

The Supreme Public Prosecutor's Office is the President of the Council. State representatives

elected as members of the Council of public prosecutors of the upper State

the Prosecutor's Office are the Vice-President of the Council. Substitutes shall not

to perform these functions.



(11) the Council can act and make decisions in the presence of at least seven of its members

or their alternates. Member of the Council who is prevented from serious reasons

to participate in the discussion and decision of the case, represented by his alternate. To

the decision must be approved by an absolute majority of those present

members or their alternates. Board members and their alternates are

When rozhodováni equal.



(12) the members of the Council and their alternates shall in the exercise of the function of the Council

independent and are deciding only bound by the laws of the Czech

of the Republic. They are required to make decisions without delay, impartially and justly

and only on the basis of facts established in accordance with the law.



(13) the functions of a member or alternate member of the Board expires on the date when the Member or

alternate member no longer meets the conditions for selecting, designing, or

appointment to this function.



In cases concerning the competence of public prosecutors



§ 32d



(1) proceedings are initiated only at the request made by the competent head of State

Representative (Section 32b, paragraphs 1 and 2) under the conditions set out in Section 32b of the paragraph. 4.



(2) participants in proceedings are



and the Prosecutor,) whose competence it is,



(b)) the Minister of Justice,



(c)) Chief of the State Attorney, who filed a proposal.



(3) the participants in a proceeding may be represented.



section 32e



(1) a Council member and his alternate shall be excluded from the hearing and

deciding things, if with regard to the ratio of the public prosecutor, the

whose competence it is, or to the representatives of the participants, there is a reason

doubt about their impartiality.



(2) the expulsion of a member of the Council or his or her alternate shall be decided by the Council; a member of the

Of the Council or his alternate, whose decisions on the exclusion refers to,

shall not vote.



(3) an expelled member of the Council shall be represented by his alternate. If the excluded

also, substitute, the Council will discuss and decide the matter without his presence.



section 32f



(1) when assessing the competence of the public prosecutor, the Council examines the

its level of theoretical knowledge, knowledge of laws and other legal

regulations, knowledge of case law published in the collection of court decisions

and opinions, and in the collection of the findings and resolutions of the Constitutional Court, the ability to

apply knowledge and skills in the performance of the scope of the State

the Prosecutor's Office, publication, scientific and educational activities, and more

the circumstances relating to whether he has sufficient expertise and

the knowledge needed to perform the functions of the public prosecutor.



(2) the competence of the public prosecutor, the Council shall examine, on the basis

reviews of his competence to be established by the competent head

the public prosecutor (section 32a and 32b), evaluation of the results of his professional

Education processed Judicial Academy, the lessons learned from the implementation of the supervision

and other evidence, which may be decisive in terms of

professional competence of the State Prosecutor clarified.



(3) if there are documents and evidence referred to in paragraph 2, accompanied by the proposal,

The Council is from the competent authorities.



(4) if necessary, the Council, or its Chairman or authorized Member

the necessary investigation.



(5) the application for the assessment of professional competence, as well as the documents and evidence

referred to in paragraph 3 and the results of the investigation referred to in paragraph 4 shall be

delivered to the Prosecutor and other participants in their own

hands, unless you yourself have submitted to the Council.



(6) the withdrawal of the application under section 32a is not permitted, unless they were

the proposal filed early or after submission to lapse to the Prosecutor

its features.



section 32 g



(1) to hear the case, the Council shall order the hearing, which will summon the participants,

their representatives and all whose presence is a must. A subpoena is

participants must be delivered in writing to their own hands at least 10 days

in advance. The Minister of Justice and head of the public prosecutor can be

call also by phone, by telegram or by fax.



(2) meetings of the Council shall not be public.



(3) in the absence of the public prosecutor, whose professional competence

regards, you can discuss the matter only if he refuses to attend meetings or

does not come to the negotiations without the timely and reasonable excuses.



(4) at the hearing, the Council shall undertake the necessary evidence. The public prosecutor can be

listen to just the content of the evidence taken and only if the

agrees.



(5) After the end of the meeting participants and their representatives have the right to

comment on the matter. As a last word to the Prosecutor shall be given.



(6) on the basis of the results of the evidence and everything in the proceedings, it became clear

The Council shall decide whether the Prosecutor is competent or not.



(7) the Council shall decide after consultation; In addition to Council members, alternate members of the

representing the members of the Council and the rapporteur shall not be none other consultation

present.



(8) the vote of the Council chaired by its President or representative

Vice Chairman. Younger members (alternates) vote before the elders,

the Chairman or Vice-Chairman, the representative shall vote last.



(9) Council decision shall be served on the participants in their own hands; repair

the resources are not permitted.



(10) Council decision referred to in paragraph 6 shall acquire legal power waste

the deadline for submission of the proposal to the Supreme Court on

an assessment of professional competence of the public prosecutor. If control

before the Supreme Court rejecting the proposal and stopping the proceedings shall take

Council decision on the date of the legal force of the decision of the Supreme

the Court to reject the application, or terminating the proceedings.



section 32 h



(1) the duties of a member of the Council and its participation in the deliberations of the Council with the surrogate

be construed as a barrier to work for reasons of another task in the general interest. ^ 5 l)

Council member and his alternate shall be entitled to reimbursement of expenses in connection with the

performance and features on pay for performance features to the extent and under the conditions,

the Ministry shall issue a decree.



(2) unless otherwise provided by this Act, applies to proceedings before the Council

mutatis mutandis, the provisions of the administrative procedure. ^ 5 m)



In cases concerning the competence of public prosecutors before the Court



section 32i



Party to the proceedings before the Council, who disagrees with the decision of the Council in the matter

professional competence of the public prosecutor may submit to the Supreme Court

the proposal for the assessment of professional competence of the public prosecutor.



section 32j



(1) the application for the assessment of the competence of the public prosecutor shall consult

and decide about it in the Senate, the Supreme Court consisting of a President and four judges.



(2) Each College of the Supreme Court shall propose to the President of the Supreme Court

judges included in the College 7 candidates to the Senate referred to in

paragraph 1. Proposed candidate shall be appointed by the President of the Supreme Court

the President of the Senate, his Deputy, members of the Senate and 4 alternates; shall ensure

in doing so, the Senate members and alternates was equally represented

all of the College and to the representative of the President of the Chamber, the judge included in the

other than that in which the College belongs to the President of the Senate. The judge, who is

or in the last 3 years has been a member of the Council, or an alternate member shall not be

Chairman of the Board, its agent, or an alternate member, Member of the Senate.



(3) the term of Office of the Chamber of the Supreme Court referred to in paragraph 1 takes 3

for years.



(4) if the Senate has performed acts in the proceedings on the professional competence

prosecutors before the expiry of their term of Office, the management of

completes, even though his term has already passed.



section 32 k



(1) the application for the assessment of the competence of the public prosecutor must be


filed in the Supreme Court within 30 days of receipt of the written copy of the

decision of the Council. Missed periods cannot be waived.



(2) the parties are the ones who they were in the proceedings before the Council.



section 32 l



(1) the President of the Senate of the Supreme Court after the proceedings requests

the dossier of the Council without delay, which shall submit it without delay

with all of the documents, which were made in the proceedings before the Council.



(2) the Supreme Court a proposal for an assessment of the competence of the State

representative refuses, if



and proceedings before the Council) was stopped in accordance with the law,



(b)), the petition was filed out of time,



(c)) the one who submitted the proposal to him is not entitled to.



(3) as a belated cannot be rejected the proposal, which was within the time limit

handed over to the authority which has a duty to deliver it to the Supreme Court.



(4) the rejection of the proposal referred to in paragraph 2 may be granted without

Regulation of the negotiations.



§ 32



(1) before the Supreme Court on an application for the assessment of professional competence

the Prosecutor decides, the one who filed a proposal, take it back.



(2) if the motion on the assessment of professional competence, taken back, the highest

Court stops.



(3) the termination of the proceeding may be taken without regulation negotiations.



section 32n



(1) if there is no rejection or termination of the proceeding shall

proposal to the other parties into their own hands, and the President of the Senate

The Supreme Court shall order the hearing to hear the case.



(2) to conduct the call participants, their representatives, and all,

whose presence is a must. Summons to a hearing must be participants

delivered into their own hands in writing at least 10 days in advance.



(3) the hearing of the Supreme Court in matters of assessment of professional competence

prosecutors shall not be public.



section 32o



(1) in proceedings before the Supreme Court shall apply mutatis mutandis to section 32f of paragraph 1. 1 to 4 and §

32 g of paragraph 1. 3-5.



(2) in determining the facts, the Supreme Court may be based on whether or not

evidence, that were made in the proceedings before the Board, if

It was followed in accordance with the law. If necessary, it may

This evidence again.



(3) the participants in the proceedings, the evidence may suggest up to the time before the highest

the Court shall decide on the proposal. In the proceedings before the Supreme Court may be

also made such evidence, which did not intervene in a proceeding designed

before the Council. To establish the facts of the case, the Supreme Court is obliged to

perform other evidence than was suggested.



(4) on the basis of the facts of the case the Supreme Court will decide

whether the Prosecutor is competent or not.



section 32 p



(1) in proceedings in the matters of competence of public prosecutors of the highest

the Court shall make an order.



(2) the resolution of the Supreme Court, which decided whether the State

the shortcut is, or is not competent, replaces the original decision

Of the Council.



(3) in the resolution of the Supreme Court also will decide on costs.



(4) against the decision of the Supreme Court, which decided in case

professional competence of the public prosecutor, are not acceptable repair

resources.



§ 32q



Unless otherwise provided by this Act, shall apply in proceedings relating to professional

the competence of the public prosecutor before the Supreme Court adequately

the provisions of the first and third parts of the code of civil procedure.



The former part of the ninth and tenth are referred to as part of the tenth and

the eleventh.



5 l) of section 124 of the labour code.



5 m) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by

amended. ".



19. section 33 and 34 are added:



"§ 33



Čekatelská practice



(1) Čekatelská practice is training legal trainees on the performance

a public prosecutor. Journeyman's practice time shall be 36 months, to this

time counts time holiday pumped in time performance

Journeyman's practice. If he does not pursue legal candidate čekatelskou practice of

because of obstacles in the work on his side or other leaves of absence

at work, the time until the journeyman's practice of not more than in the

the range of 70 working days in each year of its duration.



(2) until the journeyman's practice to be reallocated time performance of the duties of the judge and

Judicial trainee, the judge of the Constitutional Court, Assistant judge of the constitutional

of the Court or of the Supreme Court, the practice of Attorney and trainee lawyers.

The Ministry may, at the request of the legal line offset to the time

Journeyman's practice for other legal activities, if the legal trainee

for its duration, the experience required for the performance of the functions of the State

representative; the period must not exceed the calculated as follows for 24 months.



(3) Čekatelská practice shall be exercised in the employment based work

the Treaty. For a State with a legal work contract is concluded and the expectant

labor relations for the State with the legal acts applicable must be supernumerary

the County Prosecutor's Office.



(4) The employment relationship of a legal trainee may be accepted and

čekatelskou practice may exercise the one who meets the prerequisites for

the appointment of the public prosecutor, with the exception of age, final exams and

consent to the assignment.



(5) employment with the expectant is arranged for a definite period in the

duration of 40 months. If the time reaches the journeyman's practice at the time of the duration of the

This employment of the length of 36 months, can be used with the expectant

to negotiate an extension of his employment contract for a period sufficient to achieve

This length of the journeyman's practice, but no longer than about 20 months. The employment relationship

the legal aspirant with his consent always be extended for the time needed,

If it has not reached the time journeyman's practice in duration 36 months due to

implementation of conscription or for a absences from work due to

pregnancy or care of a minor child.



(6) the legal candidate for taking up work composed in the hands of the regional

the public prosecutor this promise: "I promise that I will be governed by

The United States, conscientiously to prepare for the performance of the functions of the State

osvojím's representative and that the principles of ethics, performance of functions of the State

representative. ".



(7) the legal trainee is entitled to perform simple acts of State

representative or administrative activities under the direction of the public prosecutor

or other professional staff of the public prosecutor's Office.



(8) the candidate is obliged to maintain confidentiality on matters of

which he learned in the exercise of their activities, and even after the end of

employment legal trainee; obligations of confidentiality may

legal trainee to relieve serious reasons of State

representative.



(9) except as provided in this Act, the employment relationship shall be governed by the rule of

selected provisions of the labour code.



§ 34



The final exam



(1) after their journeyman's practice is legal, the candidate must submit

the final examination, the purpose of which is to verify that it has the necessary knowledge and

It is duly professionally ready for holding a public prosecutor.



(2) the final exam is composed before the examining board appointed

the Minister of Justice. The examination Committee has 5 members and consists of

prosecutors, judges, employees of the Ministry and

other experts of legal theory and practice.



(3) the final exam consists of a written and an oral part. Is focused

mainly on the area of law that applies in the public prosecutor's Office

our scope of performance, and to laws that apply to the

the organisation of the prosecution service, the courts, and to the position and duties

prosecutors.



(4) the Ministry will allow legal aspirant for his application to be submitted

through the competent regional public prosecutor's Office by the end of

last month, the duration of his employment to perform final

exam; the day of the exam will determine after their journeyman's practice,

no later than 1 week before the end of the employment relationship. If the legal

aspirant in the execution of the final exam important obstacle, shall determine

Ministry of another day of tests within 1 month from the date when the

learned that obstacle has fallen off; employment legal trainee in the

this case, with his consent, be extended to the end of the finished

the week after the date, which was set to perform the final exam, the longest

about 6 months.



(5) If a legal candidate who failed in the final exam, before you

the end of the employment relationship of its repetition, he will allow the Ministry of

the final exam be repeated within 6 months from submission of the application; final

the test can be repeated only once. Employment legal trainee,

in this case, with his consent, be extended until the date that was specified to the

repeated execution of the final exam.



(6) the employment relationship of a legal trainee, who has passed the final examination,

with his consent, be extended for 12 months from the date of the final

of the test. In the case that the legal trainee public prosecutor, has become

employment ends on the date of appointment.



(7) the duration of the employment relationship referred to in paragraph 6 shall be exercised by the legal

candidate acts pursuant to § 33 para. 7.



(8) in the final exam also means Professional judicial exam and

exam. ".



20. in section 10, the following part eleven, including title

added:



"PART OF THE ELEVENTH




THE TRAINING OF PROSECUTORS AND LEGAL TRAINEES



§ 34a



(1) the training of prosecutors and legal trainees is

ensured in particular through the Judicial Academy.



(2) vocational training in Judicial Academy to take part in



and all public prosecutors) allocation to the performance of the Chief,

the regional and district public prosecutors ' offices,



b) prosecutors assigned or seconded to act as Chief,

the regional and District Public Prosecutor's Office, who shall exercise the function of the

the State Prosecutor for more than 3 years if the Council were Judicial

the Academy enrolled in education; the education must be included,

unless serious reasons, at least once every 5 years,



(c)) all legal candidates within their journeyman's practice.



(3) the representatives of the State referred to in paragraph 2 (a). (b)) to the

education does not include State representatives, who perform Chief

or the regional State representative or the Deputy, who achieved

the age of 60 years or who act on the Judicial Academy as teachers.



(4) training of the Judicial Academy takes



and the prosecutors referred to) in paragraph 2 (a). and) 2 years



(b)) for the prosecutors referred to in paragraph 2 (a). b) 1 year,



(c)) for legal trainees for Journeyman's practice.



(5) the training of prosecutors and legal trainees to

Judicial Academy is closed the final work and its appreciation.



(6) the assessment of the results of vocational education of the public prosecutor of the judicial

the Academy shall communicate to the Member State representatives, the competent Manager

the public prosecutor, the Ministry or at the request of the Council. ".



Part of the eleventh is referred to as part of the twelfth.



21. section 40 reads as follows:



"§ 40



(1) the Ministry shall issue a decree



and) rules of procedure of the public prosecution service,



(b) the details of the Organization of the Council), about the security of its activities and on the

rewards and compensation cash expenses of its members,



(c)) how to select legal trainees and their recruitment into the

the employment relationship,



d) content journeyman's practice, its organisation and details of

the final examination,



e) circuit which can be conducted by aspirant.



(2) the Ministry may decree provide for exceptions in respect of settlements and

regional circuits in the circuit public prosecutor's Office, State

the Prosecutor's Office to set up its branches or establish the Prosecutor's Office with

exclusive competence, or specify that a certain kind of things from the perimeter

several public prosecutor's Office will deal with one of the State

the Prosecutor's Office. ".



PART TWO



Amendment of the law on salary and some other elements of the State

the representatives of the



Article II



Act No. 201/1997 Coll., on salary and some other elements of the

prosecutors and amending and supplementing Act No. 143/1992 Coll., on salary

and remuneration for work stand-by in budgetary and certain other

organisations and bodies, as amended by later regulations, as amended by law

No. 155/2000 Coll., is amended as follows:



1. § 5, including footnote # ^ 4) reads as follows:



"§ 5



Salary on temporary assignment to the performance of the duties of the public prosecutor



(1) for a period of secondment to perform functions to another State

the Prosecutor's Office ^ 4) belongs to the Prosecutor present salary or salary,

He belonged to the performance of the duties for which the performance was to

temporarily assigned to another public prosecutor's Office, if this salary

higher.



(2) during the temporary assignment of the State Prosecutor for the performance of functions to

any other body or organization ^ 4) belongs to the Prosecutor so far

salary.



4) § 19a of Act No. 283/1993 Coll., as amended by the Act No. 14/2002 Sb. "



2. section 9, including the footnotes # 16) and ^ 17) reads as follows:



"section 9



Salary when the suspended execution of the Office of the public prosecutor



(1) during the period of the temporary exemption of duties under a special legal

prescription ^ 16) it is for the Prosecutor to 50% of salary, unless otherwise specified in this

special legislation provides otherwise.



(2) if there were no reason for that was the State prosecutor suspended

performance of functions, to the demise of the public prosecutor, ^ 17) the unpaid part of the

salary plus an additional salary if it would otherwise to the Prosecutor

be entitled to pay the price; This does not apply if the State Prosecutor was finally

convicted of a crime.



16) section 22 para. 2 of the Act No. 283/1993 Coll., on the public prosecutor's Office, in

amended by Act No. 266/1994 Coll., Act No. 201/1997 Coll., Act No.

169/1999 Coll., Act No. 11/2001 Coll. and Act No. 14/2002 Sb.



17) § 21 para. 2 (a). b), c) and (e)) of the Act No. 283/1993 Coll. ".



PART THREE



TRANSITIONAL PROVISIONS



Article. (III)



1. Unless otherwise provided by the renowned international treaty binding on the Czech

Republic, otherwise, have university degrees obtained prior to 1.

January 1999 on the Law Faculty of a university based in the United

Republic or university degree obtained before 1. January 1993 on

the Faculty of law of a university based on the territory of the former Czech and

Slovak Federal Republic and its legal predecessors or

International higher education in the field of law, recognized in accordance with

Special regulations for the appointment of the public prosecutor of the same

effects such as higher education gained a master's

study programme in the field of law.



2. deleted



3. when a waiver of confidentiality, which arose before the date of

the effectiveness of this law, prosecutors, legal čekatelům,

prosecutors and investigators of prosecution under special laws

regulations, proceed in accordance with § 25 para. 2 of the Act No. 283/1993 Coll., on the

the Prosecutor's Office, as subsequently amended. If this is a

waiver of confidentiality imposed prior to the effective date of this Act,

the legal čekatelům of the public prosecutor or the legal čekatelům of the State

the Prosecutor's Office, proceed in accordance with § 33 para. 8 of Act No. 283/1993 Coll.

the Prosecutor's Office, as amended by this Act.



4. Final Exam composed prior to the date of this Act pursuant to

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

regulations, shall be considered to support the final exam of the public prosecutor.

For prosecutors, who perform the function of the public prosecutor at the date of

entry into force of this law, shall be construed as professional final

exam and other tests, which were similar, according to present regulations

effects such as final exam according to Act No. 283/1993 Coll., as amended by

amended, or which, in the final test in accordance with the law

No. 283/1993 Coll., as amended, are recognized.



PART FOUR



THE PUBLICATION OF THE FULL TEXT OF THE ACT



Article IV



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

Act No. 283/1993 Coll., on the public prosecutor's Office, as is clear from the laws of the

It changing.



PART FIVE



The EFFECTIVENESS of the



Article. In



This Act shall take effect on the first day of the second calendar month

following the date of publication.



Klaus r.



Havel, v. r.



Zeman in r.