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 16 of the Act on Public Prosecutor’s Office)

Everyone has the option to file a complaint against delays in the course of fulfilment of tasks of the Public Prosecutor’s Office. They may as well file a complaint against inappropriate conduct of Public Prosecutors and other employees of the Public Prosecutor’s Office (Section 16 of the Act on Public Prosecutor’s Office).

A complaint is filed to the person competent to handle it, i.e. the competent Chief Public Prosecutor, who is the superior of the Public Prosecutor or employee, against whom is the complaint directed.

In case of a complaint filed against the Prosecutor General, the Minister of Justice will be competent to handle it (Section 16b (2) of the Act on Public Prosecutor’s Office).

The person competent to handle the complaint will be obliged to scrutinize the matters of fact stated therein; in case due investigation the complaint requires it, he will hear the complainant, the persons, against whom is is the complaint directed, and eventually request statements of other persons that may facilitate clarification of the matter. If the complaint is found to be justified or partially justified, the complainant will be informed, within the notification of the manner of execution of the complaint, what measures have been taken for rectification of the found errors (Section 16b (3) of the Act on Public Prosecutor’s Office).

In case another complaint is filed by the complainant in the same mater without stating new matters of fact, such complaint will be shelved without any further investigation and the complainant will not be notified; the complainant must be advised thereof in the reply to the previous complaint (Section 16b (4) of the Act on Public Prosecutor’s Office).

The two-month time limit set forth in Section 16a (6) of the Act on Public Prosecutor’s Office cannot be exceeded (Section 16b (5) of the Act on Public Prosecutor’s Office).

The competence to review the execution of a complaint pertains to the Chief Public Prosecutor superior to the Chief Public Prosecutor who handled the complaint, and in case the complaint was handled by the Prosecutor General, the competence pertains to the Minister of Justice (Section 16b (5) of the Act on Public Prosecutor’s Office). In case the complaint was handled by the High Public Prosecutor, the competence to review its execution pertains to the Prosecutor General.