Criminal Complaint 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. 

 

A submission is always assessed according by its content, even if it is labelled inaccurately (Section 16a (1) of the Act on Public Prosecutor’s Office).

 

A submission must indicate:

 

-        to which authority involved in criminal proceedings it is being filed,

 

-        who files it,

 

-        which matter it concerns and what is its aim, and

 

-        it must be dated and signed.

 

In case the submission does not comply with these requirements, the authority involved in criminal proceedings will return it to the filing person, if he is known, for completion with corresponding instructions on how to rectify any shortcomings. At the same time, the authority will set a time limit therefor. In case the filing person is unknown or the shortcomings are not rectified in the stipulated time limit, the submission will be disregarded and the Supreme Public Prosecutor’s Office will shelve the file without taking any measure. An anonymous submission will be examined only in case it contains sufficient information for verification of its contents; otherwise such submission is shelved without taking any measure (Section 16a (2) of the Act on Public Prosecutor’s Office).

 

A submission can be made:

 

-        in writing,

 

-        by telegraph,

 

-        by telefax,

 

-        by telex,

 

-        by means of electronic mail:

 

Such submissions must be provided with an electronic signature according to the Act no 227/2000 Coll., on Electronic Signature. Anyone who files a submission in electronic form is at the same time obliged to state the certification services provider that issued his certificate and keeps a record thereof, or he will attach such certificate to the submission.

 

-        orally on the record.

 

A submission may be made at the Supreme Public Prosecutor’s Office in writing in the Registry Office during the business hours. Oral submission may be made at the Supreme Public Prosecutor’s Office from 8am to 12 am and from 1 pm to 3 pm, on Friday to 2pm only. Electronic submissions are filed via the Electronic registry of the Supreme Public Prosecutor’s Office available at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , electronic submissions are also accepted on technical media, which can be delivered during business hours to the Registry Office of the Supreme Public Prosecutor’s Office; more information available in the Electronic Registry section.

 

In case the Supreme Public Prosecutor’s Office is not competent to handle a submission, which has been filed to it, and its contents imply that another Public Prosecutor’s Office is competent to deal with it, the Supreme Public Prosecutor’s Office will forward the submission to this other Public Prosecutor’s Office and notify the person who field it thereof (Section 16a (3) of the Act on Public Prosecutor’s Office).

 

In case a submission falls out of the competence of the Public Prosecutor’s Office and another state authority is competent to handle it, the Supreme Public Prosecutor’s Office will immediately send the submission to the person who filed it and notify him which authority he should turn to, as applicable. If the content of the submission does not imply the authority competent to handle it and the content is clearly unrelated to the activities of the Public Prosecutor’s Office, the Supreme Public Prosecutor’s Office will notify the person who filed it thereof and store the submission (Section 16a (4) of the Act on Public Prosecutor’s Office).

 

In case a submission contains the necessary requisites and its execution pertains to the competence of the Supreme Public Prosecutor’s Office (to which it was filed), the Supreme Public Prosecutor’s Office will review its merits. If it finds a breach of a statutory or other legislative act, it will take appropriate measures within its competence in order to remedy the situation (Section 16a (5) of the Act on Public Prosecutor’s Office).

 

After reviewing the merits of the submission the Supreme Public Prosecutor’s Office will be obliged to notify the person who filed it of the manner of its execution within 2 months following the day the submission was delivered; this time limit may be exceeded only in case the background documents necessary for its execution cannot be obtained in due time, and the person who filed the submission must be notified thereof in writing (Section 16a (6) of the Act on Public Prosecutor’s Office).

 

Criminal complaint (Section 59 (1), (2) and (4) semi-final sentence, Section 158 (2) of the Code of Criminal Procedure) is a submission of a citizen, state authority, interest group or another entity not associated with authorities involved in criminal proceedings, which contains specific matters of fact indicating the commission of a criminal act.

 

A criminal complaint is a submission, which is always assessed according to its content, even if it is labelled inaccurately. It may be made in writing, orally on the record, in electronic form with electronic signature according to special legal enactment, by telegraph, telefax or telex. The person who files a submission in electronic form according 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 he will attach such certificate to the submission (Section 59 (1) and (2) of the Code of Criminal Procedure (“CPC”)).

 

In pre-trial proceedings, the submissions made orally are entered on the record by Police authorities and District Public Prosecutor’s Offices. In case there are important reasons to do so, the submission may be entered on the record by higher-tier Public Prosecutor’s Offices and Courts (Section 59 (3) of the CPC). Such important reasons may consist e.g. in urgent nature of the submission, or such circumstances as the person making the submission suffers from serious health condition justifying immediate entering the submission on the record.

 

Unless the law requires further requisites for a certain type of submission, it must clearly show to 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. In case the petitioner is unknown or the shortcomings are not rectified in the stated time limit, the submission will be disregarded; this does not apply for criminal complaints or other submissions, on the basis of which one may assume a suspicion of commission of a criminal act, or a submission, contents of which is an appeal, even though it does not meet all the stated requirements (Section 59 (4) of the CPC).

 

The Supreme Public Prosecutor’s Office does not have an independent competence to review criminal complaints, therefore it forwards criminal complaints according to Section 17 (2) of the regulation no. 23/1994 Coll., to the Public Prosecutor’s Office having the local and subject matter competence.

 

Given the fact that any submission is always assessed according to its contents, it is not only possible, but also very frequent that submissions are labelled as criminal complaints, even though they are not.

 

A criminal complaint is NOT in particular:

 

-      a regular appeal according to the CPC,

-      an incentive to apply an extraordinary appeal according to the CPC,

-      a complaint on delays in the course of fulfilment of tasks of the Public Prosecutor’s Office or inappropriate conduct of public prosecutors, senior clerks and other employees of the Public Prosecutor’s Office,

-      a submission expressing dissatisfaction with the proceeding of public prosecutor (both in criminal an non-criminal matters),

-      submissions expressing dissatisfaction with decisions of Court,

-      submissions, through which the petitioner seeks civil-law claims.

 
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