Questionnaire Czech Republic
III.16 On what grounds can he be dismissed?
The working relationship of a public prosecutor
ends (section 21, Law no. 283/1993 Coll., as amended many times):
- when he refuses to official pledge;
- when he additionally withdraws an approval to become prosecutor at concrete office;
- on the day when the public prosecutor loses state citizenship of the Czech Republic, on the day he takes the pledge of a member of parliament or senator or of a member of a body of territorial autonomy, on the day of his being appointed as a judge or on the day of his admission to a post in the public administration;
- by the December 31st of the calendar year in which he reached 70 years of age;
- when he deceased;
- on the day of legal force of a verdict exempting him from competence for legal operations or limiting his competence for legal transactions;
- on the day of legal force of a verdict sentencing him for an intentional crime or was sentenced to unconditional imprisonment for negligent crime;
- on the day of legal force of a dismissal decision at disciplinary proceedings;
- by resigning his post; the working relationship is terminated on expiry on two calendar months following the month in which the written declaration of his resignation is submitted to the Ministry of Justice; and
- when he has been declared as disqualified (sect. 26 Law on Prosecution); healthy condition or sentence for crime which is not included in above mentioned reason, but as such is so harmful that excludes prosecutor from his post.
Pursuant to the Public Prosecution Act, public prosecution service performs duties in the defined cases of civil procedure (sect. 5 law no. 283/1993 Coll., as amended). Public prosecution may enter into the civil procedure (law no. 99/1963 Coll., as amended) in the case of incapacitation or limitation of legal capacity, declaration of death and recording in the Commercial Register. The public prosecutor may file a motion to commence proceedings in the matter of reformatory measures pursuant to the Family Act (as well as the Social and Legal Protection of Youth Act (law no. 359/1999 Coll.), and a motion to impose protective youthful and young offenders rehabilitation. Furthermore, the public prosecution is authorized to enter into proceedings in the matters pursuant to the Act on Bankruptcy and Settlements, redemption of instruments, parental responsibility, detainment in a special treatment institution, and other cases. The public prosecutor’s authority to enter into proceedings in civil matters is defined in the Rules of Civil Procedure (law no. 99/1963 Coll., as amended). The public prosecutor’s office is further authorized to file a motion to commence civil action for nullity of contract of property transfer in the cases where provisions limiting freedom of the parties have not been respected in making the contract, action for disavowal of paternity, proceedings to determine the illegality of a strike and dissolution of a company.
Appointed public prosecutors in Regional and High public prosecutor’s offices supervise the respecting of legal regulations in the service of a term of imprisonment and custody in institutions with a limited personal freedom (sect. 4 par. 2b, law no. 283/1993 Coll., as amended).
- when he refuses to official pledge;
- when he additionally withdraws an approval to become prosecutor at concrete office;
- on the day when the public prosecutor loses state citizenship of the Czech Republic, on the day he takes the pledge of a member of parliament or senator or of a member of a body of territorial autonomy, on the day of his being appointed as a judge or on the day of his admission to a post in the public administration;
- by the December 31st of the calendar year in which he reached 70 years of age;
- when he deceased;
- on the day of legal force of a verdict exempting him from competence for legal operations or limiting his competence for legal transactions;
- on the day of legal force of a verdict sentencing him for an intentional crime or was sentenced to unconditional imprisonment for negligent crime;
- on the day of legal force of a dismissal decision at disciplinary proceedings;
- by resigning his post; the working relationship is terminated on expiry on two calendar months following the month in which the written declaration of his resignation is submitted to the Ministry of Justice; and
- when he has been declared as disqualified (sect. 26 Law on Prosecution); healthy condition or sentence for crime which is not included in above mentioned reason, but as such is so harmful that excludes prosecutor from his post.
Pursuant to the Public Prosecution Act, public prosecution service performs duties in the defined cases of civil procedure (sect. 5 law no. 283/1993 Coll., as amended). Public prosecution may enter into the civil procedure (law no. 99/1963 Coll., as amended) in the case of incapacitation or limitation of legal capacity, declaration of death and recording in the Commercial Register. The public prosecutor may file a motion to commence proceedings in the matter of reformatory measures pursuant to the Family Act (as well as the Social and Legal Protection of Youth Act (law no. 359/1999 Coll.), and a motion to impose protective youthful and young offenders rehabilitation. Furthermore, the public prosecution is authorized to enter into proceedings in the matters pursuant to the Act on Bankruptcy and Settlements, redemption of instruments, parental responsibility, detainment in a special treatment institution, and other cases. The public prosecutor’s authority to enter into proceedings in civil matters is defined in the Rules of Civil Procedure (law no. 99/1963 Coll., as amended). The public prosecutor’s office is further authorized to file a motion to commence civil action for nullity of contract of property transfer in the cases where provisions limiting freedom of the parties have not been respected in making the contract, action for disavowal of paternity, proceedings to determine the illegality of a strike and dissolution of a company.
Appointed public prosecutors in Regional and High public prosecutor’s offices supervise the respecting of legal regulations in the service of a term of imprisonment and custody in institutions with a limited personal freedom (sect. 4 par. 2b, law no. 283/1993 Coll., as amended).
