Questionnaire Czech Republic
I.8 What are these grounds?
The time limits are not the reason for refusing to
proceed with a case. They are only indication on quality and efficiency of
police work. Concerning sufficiency of evidence see Q 5. The prosecutor can
send the file back to police with instructions to do some corrections or
amendments. According to sect. 174 the prosecutor can perform supervision of
legality in preparatory proceedings. When executing this supervision, the
prosecutor is entitled:
- to issue binding instructions for investigation of criminal offences;
- to require from the investigator or the police body papers, documents, materials and reports on committed criminal offences due to verification whether the investigator starts prosecution in time and proceeds in it properly;
- to participate in performance of the actions of an investigator or the police body, to perform personally individual action or the whole investigation and to issue the decision in any matter; he proceeds according to the provisions of this Law for investigators and his decisions are subjected to complaints in the same extent as decisions of the investigator;
- to return the matter to the investigator with his instructions for completion;
- to cancel illegal or unjustified decisions and measures of the investigator and the police body, which he can replace by his own decisions. In case of decisions on abatement or suspension of the criminal prosecution or transfer of the matter he can do so within 30 days since the delivery; in case that he replaced the decision of the investigator and the police body by his own decision in another way than on basis of the complaint of the authorized person against the decision of the investigator and the police body, the complaint against his decision is admissible in the same extent as it is against the decision of the investigator and the police body; and
- to withdraw any matter from a certain investigator and take measures to assign it to another investigator.
Applying these instruments, the prosecutor can instruct the police to stop verification of suspicion and decide according with sect. 159a Penal Procedure Code. The prosecutor cannot do it himself (decision on stopping verification).
- to issue binding instructions for investigation of criminal offences;
- to require from the investigator or the police body papers, documents, materials and reports on committed criminal offences due to verification whether the investigator starts prosecution in time and proceeds in it properly;
- to participate in performance of the actions of an investigator or the police body, to perform personally individual action or the whole investigation and to issue the decision in any matter; he proceeds according to the provisions of this Law for investigators and his decisions are subjected to complaints in the same extent as decisions of the investigator;
- to return the matter to the investigator with his instructions for completion;
- to cancel illegal or unjustified decisions and measures of the investigator and the police body, which he can replace by his own decisions. In case of decisions on abatement or suspension of the criminal prosecution or transfer of the matter he can do so within 30 days since the delivery; in case that he replaced the decision of the investigator and the police body by his own decision in another way than on basis of the complaint of the authorized person against the decision of the investigator and the police body, the complaint against his decision is admissible in the same extent as it is against the decision of the investigator and the police body; and
- to withdraw any matter from a certain investigator and take measures to assign it to another investigator.
Applying these instruments, the prosecutor can instruct the police to stop verification of suspicion and decide according with sect. 159a Penal Procedure Code. The prosecutor cannot do it himself (decision on stopping verification).
