Questionnaire Czech Republic

I.39 Who standardises the formulation of the charge for (certain) crimes?

Formulation of indictment is basically prescribed by section 177 of the Czech Criminal Procedure Code. Details are done according with instruction of General Nature of Supreme public prosecutor of the CzechRepublic. Expression ‘charge’ is used for the beginning of investigation (as a definition of the act, not legal qualification). According with Czech theory and practice and law must be formulation of charge and formulation of indictment basically the same (description of elements of the act and cannot be change during preliminary proceedings). If the act is different, investigation must be open as a new one. The same is concerning the charge as the beginning of the investigation. Legal qualification of the act can be changed anytime.