Questionnaire Slovak Rep
II.12 Which law, which section?
Neither the General
Prosecutor nor any other body determines the policy of the criminal
prosecution.
The prosecuting and adjudicating bodies proceed ex officio, because they are obliged to prosecute every offence regardless of their seriousness as well as the offender save the exceptions exactly stipulated by law. It is impossible to determine any other priorities than defined by the law under which only the matters for which the accused is in custody have to be dealt with preference and urgency. It is impossible to establish the choice of matters to be prosecuted or not to be prosecuted, or to be prosecuted with preference.
The General Prosecutor as well as the superior prosecutors are empowered to deliver instructions, directives and opinions which are only binding within the prosecution service. These instructions, directives and opinions concern either particular matters, or have got the nature of management and organisation instructions.
Neither the General Prosecutor, nor any prosecutor is allowed to render general instructions to govern the operation of the police within the criminal proceeding. Neither the Minister of Justice, nor the Minister of Interior, the Supreme Court or any other body can do so.
The judges, prosecutors and police investigators and policeman have to exclusively proceed in accordance with laws in the course of realization of the criminal policy. The Minister of Justice represents the guarantee of the legislation process, he decides on the feature of the bill submitted for consideration to the Government. The Government (rarely individual Members of Parliament) submits the bills for the parliamentary discussions, and the Parliament (National council) makes a decision on their acceptance (approval), and it also may modify their wording.
The prosecuting and adjudicating bodies proceed ex officio, because they are obliged to prosecute every offence regardless of their seriousness as well as the offender save the exceptions exactly stipulated by law. It is impossible to determine any other priorities than defined by the law under which only the matters for which the accused is in custody have to be dealt with preference and urgency. It is impossible to establish the choice of matters to be prosecuted or not to be prosecuted, or to be prosecuted with preference.
The General Prosecutor as well as the superior prosecutors are empowered to deliver instructions, directives and opinions which are only binding within the prosecution service. These instructions, directives and opinions concern either particular matters, or have got the nature of management and organisation instructions.
Neither the General Prosecutor, nor any prosecutor is allowed to render general instructions to govern the operation of the police within the criminal proceeding. Neither the Minister of Justice, nor the Minister of Interior, the Supreme Court or any other body can do so.
The judges, prosecutors and police investigators and policeman have to exclusively proceed in accordance with laws in the course of realization of the criminal policy. The Minister of Justice represents the guarantee of the legislation process, he decides on the feature of the bill submitted for consideration to the Government. The Government (rarely individual Members of Parliament) submits the bills for the parliamentary discussions, and the Parliament (National council) makes a decision on their acceptance (approval), and it also may modify their wording.
