Analytical and Legislative Department PDF Print E-mail

 

In the area of legislation, the Analytical and Legislative Department presents its opinions to drafts of legal enactments, participates in drafting background documents for elaboration of drafts of legal enactments concerning the competence of the Public Prosecutor’s Office and participates on the elaboration of these legal enactments or their amendments. Some of the most important legal enactments for the Public Prosecutor’s Office in this context are in particular the Criminal Code, which stipulates the fundamental principles of criminal liability and punishment for criminal offenses, the Code of Criminal Procedure, which regulates the procedure of discovering criminal offenses and appropriate punishment of the perpetrators, the Act on the Judiciary in Juvenile Matters, being the base enactment regulating procedures in the matter of criminal offenses committed by juveniles and acts otherwise criminal that were committed by children under 15 years of age, and of course there is the basic enactment stipulating the competence of the Public Prosecutor’s Office – the Act no. 283/1993 Coll., on Public Prosecutor’s Office. We also cannot omit a number of other legal enactments that regulate exercising of powers of the Public Prosecutor’s Office in non-criminal field, and finally also the Regulation no. 23/1994 Coll., on the Rules of Procedure of the Public Prosecutor’s Office, on establishing branch offices of some Public Prosecutor’s Offices and on the details of actions conducted by legal trainees, as amended.

 

On the basis of legal regulations associated with the individual sections of competence of the Public Prosecutor’s Office (e.g. the Family Act, the Civil Procedure Act, the Administrative Judicial Procedure Act and others), the Analytic and Legislative Department elaborates drafts of internal regulations of the Public Prosecutor’s Office – Instructions of General Nature of the Prosecutor General – issued in order to unify and direct the procedure of public prosecutors in the course of exercising the competence of the Public Prosecutor’s Office, in order to secure uniform internal organization of the Public Prosecutor’s Office and uniform performance of the case file service.

 

The Analytic and Legislative Department elaborates drafts of opinions for unification of interpretation of statutory acts and other legal enactments in the course of exercising the competence of the Public Prosecutor’s Office. These opinions are designated for the system of Public Prosecutor’s Offices and are published in the Collection of Explanatory Opinions of the Prosecutor General’s Office. Besides that it cooperates with individual Public Prosecutor’s Offices and also with state authorities outside the Public Prosecutor’s Office on solution of such legal issues, which either directly or in their consequences concern some aspects of competence of the Public Prosecutor’s Office, in cases where these state authorities requested such assistance. This takes place only in justified cases and while maintaining individual responsibility of the competent Public Prosecutor’s Office or other authorities. The Analytic and Legislative Department of the Prosecutor General’s Office does not provide (nor is it competent to provide) interpretations of legal enactments upon request of for the purposes of other institutions or individuals outside the Public Prosecutor’s Office.

 

Within its competence, the Analytic and Legislative Department elaborates background documents for exercising the competence of the Prosecutor General to file an incentive to the Presiding Judge of the Supreme Court, on the basis of findings on disunity of decisions of courts, to propose to the Supreme Court issuing an opinion to the interpretation of a statutory act or another legal enactment.

 

Furthermore, the Analytic and Legislative Department coordinates, performs the final editorship and eventually elaborates analytical documents, in particular reports on the activity of the Public Prosecutor’s Office, which comprehensively document the outcomes of work of the whole system of the Public Prosecution for the respective year, including the summarization of findings and conclusions that may be made on this basis, and elaborates drafts of measures necessary for higher efficiency and quality of operation of the Public Prosecutor’s Office. In the course of fulfilling these tasks, it also carries out basic analyses of statistical data concerning the exercise of competence of the Public Prosecutor’s Office.

 

Similarly, the Analytic and Legislative Department also elaborates special reports, which according to the determined content and main focus may concern e.g. the issue of custodial proceedings in criminal matters, drug crime, serious economic and financial crime and other significant issues related to the exercise of competence of the Public Prosecutor’s Office in both criminal and non-criminal area.

 

The Analytic and Legislative Department does not work in isolation within the Prosecutor General’s Office, neither within the whole system of Public Prosecution. In compliance with its specialization it operates in necessary cooperation with other organizational units of the Prosecutor General’s Office and it also utilizes the practical experience and findings of other Public Prosecutor’s Offices and such Czech and foreign, in particular EU institutions, focus of whose activity is related to the tasks of the Analytic and Legislative Department.

 

 
© 2012 by Háka Software