Legislation Regulating the Operation of Public Prosecutor’s Office
Act on Public Prosecutor’s Office

The Public Prosecutor’s Office system was enacted by the Act no. 283/1993 Coll., on Public Prosecutor’s Office, effective as of January 1, 1994, in compliance with Article 109 of the Constitution, under which the function of the Public Prosecutor’s Office (státní zastupitelství) was performed by the Prosecution Service of the Czech Republic (prokuratura) prior to the establishment of the Public Prosecutor’s Office. Thus it replaced the former system of Prosecution Service, which  based on the principles of unity, centralization, and monocracy. Public Prosecutor’s Office is conceived as a component of the executive power. It is part of the Ministry of Justice, and it has no independent relations with constitutional authorities, such as the Parliament and the President of the Republic. The amenment effected by the Act no. 14/2002 Coll., effective as of March 1, 2002, emphasized the position of the Public Prosecutor’s Office as a state authority ensuring the application of law in a specified area of justice to the benefit of the society and in public interest. Hence the Public Prosecutor’s Office is to fulfill a significant role not only in the system of criminal justice but also in non-criminal are, while observing the need to protect human rights and prevent criminal activity. The amendment significantly extended the range of powers of the Prosecutor General with respect to the whole system of Public Prosecutor’s Office, since before the amendment the control mechanism directed at the lowes levels of the system of Public Prosecutor’s Office could be applied only in a very limited way .

Most important legislation regulating the operation of Public Prosecutor’s Office
  • Constitutional Act no. 1/1993 Coll., Constitution of the Czech Republic,
  • Act no. 283/1993 Coll., on Public Prosecutor’s Office, as amended,
  • Act no. 121/2008 Coll., on Registrars of Courts and Public Prosecutor’s Offices and on the amendment of certain laws, as amended,
  • Act no. 6/2002 Coll., on Courts and Judges, lay judges and state administration of courts and on the amendment of certain laws (Act on Courts and Judges), as amended,
  • Act no. 7/2002 Coll., on Proceedings in Cases Concerning Judges, Public Prosecutors and Bailiffs of Courts, as amended,
  • Act no. 141/1961 Coll., on Criminal Proceedings (Criminal Procedure Code), as amended,
  • Act no. 45/2013 Coll., on Victims of Crime and on the amendment of certain laws (Act on Victims of Crimep, as amended,
  • Act no. 99/1963 Coll., the Civil Procedure Code, as amended,
  • Act no. 292/2013 Coll., on Special Judicial Proceedings, as amended,
  • Act no. 150/2002 Coll., Code of Administrative Judicial Proceedings, as amended,
  • Act no.. 182/2006 Coll., the Insolvency Act, as amended,
  • Act no. 90/2012 Coll., on Commercial Companies and Cooperatives (Business Corporations Act), as amended,
  • Act no. 91/2012 Coll., on International Private Law, as amended,
  • Act no. 106/1999 Coll., on Free Acess to Information, as amended
  • Act no. 104/2013 Coll., on International Judical Cooperation in Criminal Matters, as amended,
  • Act no. 218/2003 Coll., on Liability of Jouths for Unlawful Actions and on Juvenile Court Proceedings and on the amendment of certain acts (Juvenile Justice Act), as amended,
  • Act no. 418/2011 Coll., on Criminal Liability of Legal Entities and on Proceedings against Them, as amended,
  • Regulation of the Ministry of Justice no. 23/1994 Coll., on Rules of Procedure of Public Prosecutor’s Office, Vyhláška Ministerstva spravedlnosti č. 23/1994 Sb., o jednacím řádu státního zastupitelství, establishing branch offices of certain Public Prosecutor’s Offices and on details and actions performed by legal trainees, as amended,
  • Notification of the Ministry of Labor and Social Affairs no. 296/2019 Coll., anouncing the salary basis for calculation of salary of public prosecutors according to the Act no. 201/1997 Coll., on Salary of State Employees and on certain other requisites of public prosecutors and on the amendment of the Act no. 143/1992 Coll., on ., o Salary of State Employees and Compensation for Standby Work in Certain other Organizations, as amended,
  • Code of Ethics of Public Prosecutors.

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