2nd January 2014

Good Governance: the Ministry of Justice introduced new system of chief state prosecutors’ appointments and removals

At the very end of the year 2013, the Ministry of Justice proposed a Bill on State Prosecution (novela zákona o státním zastupitelství) which delivered an amendment to the system of state prosecutors’ appointments and their removals. The Bill introduces a stricter procedure with regard to the removal of a chief prosecutor. The prosecutor could be removed by the Disciplinary Council under very special circumstances stipulated by the Act. Further, the Supreme Prosecutor should be appointed by the President under the proposal of the Government. The Bill also stipulates that the discharge of duties of the Supreme Prosecutor should be limited with regard to the period in office. The Supreme Prosecutor cannot be twice in the function. The principles of legitimate removal by the Disciplinary Council should be applied to the Supreme Prosecutor as well. The Bill also regulates legal and professional requirements to a candidate on a prosecutor (the Supreme Prosecutor including).

Further, the Bill reflects the decision of the Constitutional Court of December, 2013, criticizing the fact that public prosecution competence is stipulated by subordinate legislation. The Court thus criticized malpractice and intentional transfers of individual criminal cases.

The Bill is heading to the internal commentary procedure.

For further information, click here (explanatory report).

Members of the American Chamber of Commerce in the Czech Republic