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.