Public Prosecution System PDF Print E-mail

 

The public prosecution system is formed, following the court system,  under  § 6 Section 1 of Act on Public Prosecution Service, by:
- Supreme Public Prosecutor’s Office
- High Public Prosecutor’s Offices
- Regional Public Prosecutor’s Offices
- District Public Prosecutor’s Offices.


The public prosecution service is a system of state offices which represent the state in protecting public interest in cases which they are competent to deal with according to law [1]. Article 80 of the Constitution of the Czech Republic stipulates that the public prosecution service represents public prosecution in penal proceedings, while its position and jurisdiction is defined by law.


The respective law is Act No. 283/1993 Col., on public prosecution service. To apply this act, the Ministry of Justice released Decree No. 23/1994 Col., on the rules of order of the public prosecution service, establishment of branches of some public prosecution offices, and on performance of   judicial trainees. Various models of a possible solution of the status of the public prosecution service within the system of state authorities were discussed in the preparatory stages of drafting the new legislation, including the idea to institute the public prosecution service as a separate system of state offices which would represent the state in cases defined by law. The resulting model is the public prosecution service as a part of the Ministry of Justice.  In the Constitution the public prosecution service is placed in Chapter 3, regulating the executive power. 


The administration of the public prosecution service is executed by the Ministry of Justice. It does not mean though that the Ministry (or the minister) is superior to any public prosecutor’s office or any public prosecutor.  Its task is only to create conditions for the public prosecution service to proper execute their powers in relations to the personnel, organizational, economic, financial and educational issues. Another task of the Ministry of Justice is also to overview a proper fulfillment of public prosecution service’s tasks. The appointment of public prosecutors, their employment and, especially their position and penal responsibility is regulated by Act No.  283/1993 Coll., on the public prosecution service, as amended. Chief public prosecutors are superior to public prosecutors working at the public prosecutor’s office which they lead.


Respective public prosecutor’s offices operate at courts where they execute their power therefore, their seats and their competence districts correspond to those of courts. Every public prosecutor’s office fulfills its tasks individually, and is part of an integrated system of competences and supervision of higher levels over lower levels. The competence of individual public prosecutor’s offices corresponds with the competence of courts. [3]. Higher public prosecutor’s offices act as an appellate body in cases where a lower public prosecutor’s office gives a decision.


Concrete relations always exist between the closest segments of the public prosecution service, not hierarchically in the whole system. A higher public prosecutor’s office is authorized to interfere in cases which are dealt with by a lower public prosecutor’s office only in a manner and in a scope as stipulated by law. As regards relations within the public prosecution service, a higher public prosecutor’s office supervises the nearest lower public prosecutor’s office. Hence the supreme public prosecutor is superior to high public prosecutors, a high public prosecutor is superior to regional public prosecutors, and a regional public prosecutor is superior to district public prosecutors within the respective region. The principle of superiority is also valid within the scope of the law in each and every public prosecutor’s office where the chief public prosecutor is superior to public prosecutors of the office he or she heads.


Decree No. 23/1994 Coll., also specifies the supervisory competence of high public prosecutor’s offices in penal proceedings over respecting legality in initial proceedings in some serious willful crimes.


Another important document in this area is a general notice No. 4/2009, released by the Supreme Public Prosecutor which specifies compulsory specializations for individual public prosecutors on individual levels of the public prosecution system, such as, for example, specialization in juvenile delinquency, crimes committed by children younger than 15 years which appears on all levels of the public prosecution system, or legislative analytical and methodological specialization which appears only at the high public prosecutor’s offices and the Supreme Public Prosecutor’s Office.

 
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