Electronic Registry PDF Print E-mail

 

PLEASE NOTE THAT ANY SUBMISSION ADDRESSED TO THE SUPREME PUBLIC PROSECUTOR'S OFFICE MUST BE DRAWN UP IN CZECH LANGUAGE, SUBMISSIONS IN OTHER LANGUAGES CANNOT BE ACCEPTED AND WILL BE DISREGARDED. 

 

 

Electronic address of the Electronic Registry

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The Electronic registry is designed for receiving all data messages, it receives also data messages with recognized electronic signature (i.e. certified electronic signature based on a qualified certificate issued by an accredited certification services provider).

 

Contact information for receiving data messages on technical media

Electronic submissions are accepted also on technical media, which may be delivered in office hours to the Registry:

Supreme Public Prosecutor’s Office

Jezuitská 4

660 55 Brno

 

Rules for confirmation of service of data messages

Delivery of electronically signed data message to the Electronic registry will be confirmed to the sender by sending a data message provided with a recognized electronic signature of the authorized employee of the registry.

Sample data message confirming delivery:

 

Data message has been delivered to the Electronic Registry

of the Supreme Public Prosecutor’s Office

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

on DD.MM.YYYY at HH:MM hours

Regards,

name and surname of the authorized employee

of the registry

Supreme Public Prosecutor’s Office

 

Technical parameters of data messages and technical media

The Electronic Registry accepts submission in the following formats:

*.txt, *.doc, *.rtf, *.pdf

Technical parameters of media, on which may be delivered data messages:

3,5” floppy disc (1,44 MB capacity, FAT16 file format)

CD, ev. DVD,

USB flash disc

 

Procedure in case of finding malicious code

In case a computer program capable of causing damage to the information system of processed information is found in the received data message, or in case of a wrong format that may cause such damage, the data message will not be processed.

In case the received submission is fully or partially illegible, the employee of the Electronic registry will notify the sender thereof and at the same time will invite him to supplement the submission.

 

Questions relating to the operation of the Electronic Registry

may be asked:

via e-mail at the address of the Electronic Registry

in writing to the postal address of the Supreme Public Prosecutor’s Office

via telephone at 542 512 111

 

List of authorized employees having a qualified certificate

Milada Hubáčková – head of the Registry department and library services

Hana Maloňová – employee of the Registry

Šárka Paulíčková – employee of the registry

 

 

The list of legislation, according to which one can make legal acts in relation to the Supreme Public Prosecutor’s Office in electronic form, and prerequisites of these acts, in particular concerning the use of a recognized electronic signature:

 

Act no. 283/1993 Coll., on Public Prosecutor’s Office

According to Section 16a (1) of the Act on Public Prosecutor’s Office, a submission is always assessed solely according to its contents; submissions may be filed also by the means of electronic mail. The submission must clearly indicate who files it, in what matter, what are the reasons therefor and what does the person filing it seeks against the Supreme Public Prosecutor’s Office. If the submission is missing any of the stated requisites and the person filing it does not supplement it within a time limit set forth in the notification, the Supreme Public Prosecutor’s Office will shelve it without taking any action. Anonymous submissions are reviewed only in case they contain enough information enabling the review of their contents; otherwise such submissions are shelved without taking any action. The above referred does not apply to submissions filed to the Public Prosecutor’s Office according to special legal enactments, e.g. the Code of Criminal Procedure.

Within the sense of the above referred Section 16a if the Act on Public Prosecutor’s Office, following submissions may be filed to the Supreme Public Prosecutor’s Office:

 

-    incentive to file a legal action according to Section 66 (2) of the Administrative Procedure Code,

 

-    incentive to perform supervision over the activity of the High Public Prosecutor’s Office in Prague or the High Public Prosecutor’s Office in Olomouc (Section 12c to 12f of the act on Public Prosecutor’s Office, and Section 1 and 2 if the regulation 23/1994 Coll.)

 

-    Incentive to file a motion according to Section 42 of the Act on Public Prosecutor’s Office

  

In case a submission according to Section 16a of the Act on Public Prosecutor’s Office filed in electronic for is not provided with a recognized electronic signature or electronic mark (Section 2 (b), (c) of the Act no. 227/2000 Coll., on Electronic Signature, as amended) and at the same time it is not a submission made via electronic data mailbox (Act no. 300/2008 Coll., on electronic acts and authorized conversion of documents, as amended), the petitioner will be called to rectify such shortcomings, whereas the rectification may be done in the following ways:

 

1)by sending the submission again in writing, stating the name, surname and address, and signed in own hand,

2)by sending the submission again in electronic form with a recognized electronic signature or electronic mark, or

3)by sending the submission again via data mailbox.

 

In case the submission referred to above filed according to Section 16a of the Act on Public Prosecutor’s Office states at least the name, surname and address of the petitioner, or if such information is provided subsequently, the petitioner will be notified of the manner of disposal of the submission.

 

A complaint against delays in the course of fulfilment of tasks of the Public Prosecutor’s Office or against inappropriate conduct of Public Prosecutors or other employees of the Public Prosecutor’s Office (Section 16b of the Act on Public Prosecutor’s Office).

 

Everyone is entitled to file a complaint against delays in the course of fulfilment of tasks of the Public Prosecutor’s Office or against inappropriate conduct of Public Prosecutors or other employees of the Public Prosecutor’s Office. A submission containing such complaint will be assessed according to its contents; it may be filed also by the means of electronic mail (Section 16a (1) of the Act on Public Prosecutor’s Office).

 

Such complaint is filed to the person competent to handle it. The competence to execute such complaint pertains to the Chief Public Prosecutor, who is the superior of the Public Prosecutor, against whom is the complaint directed; he is also competent to execute a complaint directed against an employee of the Public Prosecutor’s Office he is in charge of. The competence to execute a complaint directed against the Supreme Public Prosecutor pertains to the Minister of Justice.

 

Act no. 141/1961 Coll., on Criminal Proceedings (Criminal Procedure Code or CPC) and the regulation no. 23/1994 Coll., on the Code of Procedure of the Public Prosecutor’s Office, establishing branch offices of some Public Prosecutor’s Offices and details on actions performed by legal trainees

 

Incentive to file a complaint for the breach of law (Section 466 of the CPC, Section 1 and 2 of the CPC and Section 32 of the Regulation no. 23/1994 Coll.)

The incentive to file a complaint against the breach of law in a criminal case is a submission, by which the petitioner seeks review of legality of a final and effective decision of an authority involved in criminal proceedings, against which the Minister of Justice may file a complaint for the breach of law according to the CPC, and any eventual illegalities of the decision cannot be remedied pursuant to other provisions of the CPC. It is also a submission, by which the petitioner points out the illegality of procedure within proceedings, on the basis of which such decision was rendered (Section 31 (1) of the Regulation no. 23/1994 Coll.).

The incentive must clearly indicate who files it, identify the decision of court or authority involved in pre-trial proceedings, illegality of which is being objected, and the matters believed to have caused the breach of law. In case the submission is missing any of these requisites and it is not supplemented even after a notification, the Public Prosecutor’s Office competent to handle it may shelve it and notify the complainant thereof.

An incentive to file a complaint against the breach of law is a submission, which is always assessed according to its contents, even though it may be labelled incorrectly. It may also be filed in an electronic form signed with an electronic signature pursuant to special legal enactments. Whoever files a submission in electronic form pursuant to a special legal enactment will at the same time state the certification services provider that issued his certificate and keeps a record thereof, or will attach the certificate to the submission (Section 59 (1) and (2) of the CPC).

The Public Prosecutor’s Office reviews incentives for filing a complaint against the breach of law which are addressed to ii or forwarded to it by the Minister of Justice. The competence to review it pertains to the Public Prosecutor’s Office immediately superior to the Public Prosecutor’s Office, which was involved in proceedings on the matter in question in the last instance.

 

Criminal complaint (Section 59 (1) to (4), Section 158 (2) of the CPC)

 

A criminal complaint is a submission, which is always assessed according to its contents, even though it may be labelled incorrectly. It may also be filed in an electronic form signed with an electronic signature pursuant to special legal enactments. Whoever files a submission in electronic form pursuant to a special legal enactment will at the same time state the certification services provider that issued his certificate and keeps a record thereof, or will attach the certificate to the submission (Section 59 (1) and (2) of the CPC).

Unless the law requires further requisites for a certain type of submission, it must clearly show for which authority involved in criminal proceedings it is intended, who files it, what matter it concerns and what is its aim, and it must be signed and dated. Any submission must be filed with the required number of copies and with attachments so that one copy remained with the competent authority involved in criminal proceedings and each person concerned by such submission received one copy, should it be necessary. If a submission does not meet these requirements, the authority involved in criminal proceedings will return it to the petitioner, if he is known, in order to be supplemented with relevant advice on how to rectify its shortcomings. At the same time, it will stipulate a time limit to do so.

 

Act no. 106/1999 Coll., on Free Access to Information

 

Request for the provision of information is a submission of a natural person or legal entity requesting information related to the exercise of competence of the Supreme Public Prosecutor’s Office.

Information according to the Act no. 106/1999 Coll., on Fee Access to Information, may be acquired upon an oral or written application. Information is provided free of charge, however in cases referred to in the attached schedule of charges, a compensation of costs will be required, pursuant to Section 17 of the Act on Fee Access to Information.

 

The application must clearly imply that it is designated for the Supreme Public Prosecutor’s Office and that the petitioner seeks provision of information according to the Act on Free Access to Information, furthermore it must also state who files the application. In case a written application is filed by a natural person, he will state his name, surname, date of birth and address of permanent residence, or in case he has no registered permanent residence, he will state his house address and address for service of documents, if it is different from the address of permanent residence or house address. In case a written application is filed on behalf of a legal entity, it will state the name and identification number of the entity, address of registered office and address for service of documents, if it is different from the address of registered office.

 

Act no. 85/1990 Coll., on the Right of Petition

 

Petitions

Everyone has the right to turn to the Supreme Public Prosecutor’s Office, wither by themselves or along with other persons, with their requests, suggestions and complaints in matters of public or other common interest, which fall within its competence.

A petition must not call for breaching the Constitution and laws, denial or constraint of personal, political or other rights of citizens because of their nationality, gender, race, origin, politic or other beliefs, religion and social status, or for promotion of hate and intolerance for these reasons, or for violence or gross indecency.

A petition must be made in writing and must state the name, surname and address of the petitioner; in case a petition is filed by a petition committee, it will state the names, surnames and addresses of all committee members and the name, surname and address of the person authorized to represent the committee in this matter.

The state authority, to which the petition is addressed, is obliged to accept it. In case the matter foes not pertain in its competence, it will forward the petition within 5 days to the competent state authority and notify the petitioner thereof.

 

Remedial measures

 

A complaint against a resolution of a Public Prosecutor of the Supreme Public Prosecutor’s Office issued in a criminal matter in the I. instance is to be filed to the Supreme Public Prosecutor’s Office within 3 days following the notification of the resolution (Section 143 (1) of the CPC). The notification is understood generally as service of a copy of the resolution. The complaint may also be filed in an electronic form according to special legal regulations (Section 59 (1) of the CPC). The law does not require any contentual or formal requisites of the complaint, whereas every submission is assessed according to its contents, regardless of how it is labelled. A complaint does not even have to be substantiated. However, it must indicate at least who is filing it and against what decision it is directed. Complaints may be based on new matters of fact and evidence.

A decision of the Supreme Public Prosecutor’s Office on refusing a request may be contested by an appeal within 15 days. The appeal is to be filed to the Supreme Public Prosecutor’s Office.

The Supreme Public Prosecutor’s Office will submit the appeal within 15 days following its service along with the relevant case file to the Supreme Public Prosecutor, who will then decide on it within 15 days following the day it was submitted to him.

 

Complaint against the procedure in the course of execution of a request for information

For reasons stipulated by the Act on Free Access to Information (Section 16a (1)) the applicant may file a complaint against the procedure in the course of execution of a request for information.

The complaint may be based in particular on the following grounds:

 

a)the applicant was not provided with published information, even though he insisted on it,

b)the after the lapse of the statutory time limit for providing information the information was not provided, nor was rendered a decision on refusing the request,

c)the information was provided only in part, without rendering a decision to refuse the request in its remaining portion,

d)the applicant disagrees with the amount of costs to be compensated for providing the information, which was communicated to him.

 

The complaint may be filed in writing or orally. If the complaint is filed orally and it cannot be disposed of immediately, an authorized employee of the Supreme Public Prosecutor’s Office will draw up a record thereof.

The complaint is filed at the Supreme Public Prosecutor’s Office, specifically

 

a)within 30 days following the day the decision being the subject of the complaint was served to the applicant, if it concerns the grounds for complaint referred to under paragraph a) and d),

b)within 30 days following the day the time limit for provision of the information has lapsed, if it concerns the grounds for complaint referred to under paragraph b) and c).

 

The Supreme Public Prosecutor’s Office may grant the complaint itself. If it does not do so, the complaint along with the relevant case file will be submitted to the Supreme Public Prosecutor within 7 days following its service, who will then decide on it within 15 days following the day it was submitted to him.

 

In procedure according to the Act on Free Access to Information, as far as – among others - appeal proceedings and proceedings on the complaint against the calculation of time limits are concerned, the provisions of the Administrative Procedure Code apply, unless the Act on Free Access to Information stipulates otherwise. Submissions are assessed according to their real content, regardless of how they are labelled (Section 37 (1) of the Act no. 500/2004 Coll., the Administrative Procedure Code).

 

The submission may be made in writing or orally on the record or in electronic form, signed by a certified electronic signature (Act no. 227/2000 Coll.). The submission may be made also by other technical means, in particular by telex, facsimile or public data network without the use of a certified electronic signature, provided that such submission is confirmed or supplemented within 5 days in the manner stipulated in the foregoing sentence (Section 37 (4) of the Act no. 500/2004 Coll.). The person filing the submission in electronic for will at the same time state the certification services provider that issued his certificate and keeps a record thereof, or attach the certificate to the submission (Section 37 (5) of the Act no. 500/2004 Coll.).

 

 
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