Department of Criminal Proceedings PDF Print E-mail

 

The Department of Criminal Proceedings performs all tasks related to criminal proceedings except for those which fall within the competence of another Department and those pertaining to the competence of the Department of Serious Economic and Financial Crime.

 

The Department of Criminal Proceedings is competent to participate in the execution of extraordinary facultative  authority of the Supreme Public Prosecutor under Section 174a of Criminal Code, i.e. it reviews final decisions of public prosecutors of lower-level Public Prosecutor’s Offices on the discontinuation of criminal prosecution or on the delegation of a case, it prepares background materials for decisions of the Supreme Public Prosecutor relating to these decisions, it evaluates the results of reviews and informs lower-level Public Prosecutor’s Offices thereof. This particular agenda of the Department of Criminal Proceedings is especially important because of its share in securing the fundamental purpose of the stated cassation power, consisting in the review  of legality of final decisions of lower-level public prosecutors on the discontinuation of criminal prosecution (Section 172 of the Criminal Code) or on the delegation of a case to another authority (Section 171 of the Criminal Code). This competence to issue all such decisions was enacted by the Act No. 265/2001 Coll., effective as of January 1, 2002.

 

The Department of Criminal Proceedings also proposes and realizes reviews of closed cases under Section 12 (3) of the Act no. 283/1993 Coll., on the Public Prosecutor's Office, keeps files containing decisions of the Supreme Public Prosecutor on ordering reviews of closed cases, including the review of any eventual incenticves to issue such decisions. In case the  review of a closed case was assigned to any other Public Prosecutor’s Office than the Supreme Public Prosecutor’s Office,  such other Public Prosecutor's Office fulfills the tasks pertaining to the Supreme Public Prosecutor’s Office, with the exception of cases which fall within the competence of the Department of Serious Economic and Financial Crime. The purpose of the review of a closed case is to create an effective control mechanism which designed to insulate the procedure of the lowest levels of the Public Prosecutor's Office from local influences. This is an additional level of control besides the basic supervision powers, which may be realized only by an immediately superior Public Prosecutor's Office in relation to an immediately inferior Public Prosecutor's Office. This form of control is exceptional and facultative.

  

Furthermore, the Department of Criminal Proceedings also decides conflicts of competence between lower-level Public Prosecutor’s Offices, with the exception of cases handled by the Department of Serious Economic and Financial Crime and the International Section. 

 

The Department of Criminal Proceedings has currently 10 public prosecutors including the Director of the Department and his deputy. This Department also hosts regular internship of selected public prosecutors of lower-level Public Prosecutor’s Offices. 

 

 

 

 

 
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