Competence of the Supreme Public Prosecutor’s Office PDF Print E-mail

 

The competence of the Supreme Public Prosecutor’s Office in Brno complies with the competence of the Supreme Court. The Supreme Public Prosecutor’s Office supervises the activity of the High Public Prosecutor’s Offices, deals with motions of complaints against the violation of law in criminal cases and with reviewing these cases on its own initiative. It also releases explanatory opinions in the form of recommendations, and it deals with concrete application problems with which public prosecutors are confronted in practice in both the criminal and non-criminal areas.

 

The Supreme Public Prosecutor’s Office releases decisions and opinions on the interpretation of laws and other legal regulations that are published in the Collection of Court Decisions and Opinions, or in cases when a legal question calls for a unification of the interpretation or, in cases of different court decisions even on issues concerning different divisions of the Supreme Court in proceedings on the acknowledgement and enforceability  of the decision of foreign courts in Czech territory. If called for by the law or an international agreement. The Supreme Public Prosecutor’s Office is represented in Eurojust, and it is also a member of the Network of General Prosecutors of the EU member states.

 

Apart from the above mentioned competence, there are also specific authorizations of the Supreme Public Prosecutor, such as:

 

Releasing General Notices

 

General notices serve for the unification and regulation of the procedure of public prosecutors in performing their competence or in providing for a unified internal organization of the public prosecution service and a unified performance of the filing service. General notices relate to more things of a certain kind however, not to a concrete thing and are binding for public prosecutors, and if the Supreme Public Prosecutor decides, they are also binding for other employees of the public prosecution service. General notices are published in the Collection of Notices of the Ministry of Justice, then in the ASPI system in electronic form, and also on the Internet pages of the Supreme Public Prosecutor’s Office.

 

Releasing Opinions on the Unification of the Interpretation of Laws and other Legal Regulations

 

The Supreme Public Prosecutor can release opinions on the unification of practice in implementing the norms of the criminal material and procedural law, or norms of the non-criminal competence These opinions serve for the explanation of controversial questions concerning the performance of competence of the public prosecution service. These opinions are not binding like those in the judicature of courts.

 

Order to Control Closed Cases

 

The Supreme Public Prosecutor can order the Supreme Public Prosecutor’s Office or authorize other public prosecutor’s office to control close cases which were handled by a responsible public prosecutor’s office, and to take corrective measures in case of deviation. A closed case is a case, in which no remedial measure can be taken, or a case was submitted to other body to decide, i.e. the public prosecution is no longer involved with the case. The results of the control of closed cases can encourage the Supreme Public Prosecutor to use any other authorization under § 12 of the Law on the Public Prosecution Service, especially Sections 1 and 4. There is also a possibility to proceed according to other legal regulations, such as a motion to open a disciplinary procedure (§ 8 para 5 letter a) of Law No.7/2002 Coll., on proceedings concerning judges, public prosecutors, and executors). The submitter is not legally entitled to have a case controlled. It is a facultative competence of the Supreme Public Prosecutor which is used in addition to the institute of supervision.

 

Initiate a Proposal to the Supreme Court to Assume a Position on the Interpretation of Law or Other Legal Regulations

 

If the Supreme Public Prosecutor’s Office discovers inconsistent court decisions the Supreme Public Prosecutor is authorized to submit a proposal to the Supreme Court to take a position on the interpretation of law or any other legal regulation in the interest of consistent judicial decisions. 

 

Action for Protection of Public Interest

 

The action for protection of public interest must be brought before the regional court which is located in the district of the administrative authority which has decided in the case, within three years from coming into force of the decision against which the action is brought. It is therefore necessary to appeal to the Supreme Public Prosecutor who can submit the action. However, this competence of the Supreme Public Prosecutor is facultative.

 

The public defender of rights is also authorized to propose to the Supreme Public Prosecutor to submit a motion to defend public interest. The Supreme Public Prosecutor shall notify the public defender of rights within three months at the latest since the delivery of the proposal if he has or has not complied with the public defender of rights’ proposal.

 

Acknowledgement of Final Foreign Decisions

 

The Supreme Public Prosecutor’s Office is authorized to join the proceedings at the Supreme Court on the acknowledgement of final foreign decisions in matrimonial cases and in determination (recognition or denial) of paternity.

 

As a rule the motion to acknowledge final foreign decisions is submitted by a litigant at the foreign court which made a decision which is to be acknowledged on Czech territory. In addition, this motion can be submitted by anyone who will prove his or her legal interest in the acknowledgement of a foreign decision. The supreme public prosecutor is also authorized to submit such a motion.

 

Abolishment of illegal resolutions under § 174a of Penal Code

 

Provision § 174a of Penal Code authorizes the supreme public prosecutor to abolish illegal resolutions of lower public prosecutors on discontinuation of criminal prosecution or transfer of a case, within three months since coming into force. If the supreme public prosecutor abolishes such a resolution, the proceeding is conducted by a public prosecutor who decided in the first instance. The public prosecutor is bound by the legal opinion which the supreme public prosecutor expressed in his decision. He is also obliged to make acts and supplements which were ordered by the supreme public prosecutor.

 

Submission of an appeal under § 265d clause 1 letter a) of Penal Code

 

An appeal (§ 265a of Penal Code) is an extraordinary remedial measure by which a final court decision in the case can be contested if the court decided in the second instance (for instance, an appeal cannot be submitted against the first instance court decisions which came into force without a second instance court hearing). 

 

 The supreme public prosecutor can submit an appeal following a proposal of a regional or high public prosecutor, or even without such a proposal, for any erroneous decision of the court, both to the benefit and to the detriment of the accused.

 
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