Publication details
Zákonná příslušnost státního zastupitelství jako právní hodnota
| Title in English | Statutory jurisdiction of the public prosecutor’s office as the legal value |
|---|---|
| Authors | |
| Year of publication | 2013 |
| Type | Article in Periodical |
| Magazine / Source | Bulletin advokacie |
| MU Faculty or unit | |
| Citation | |
| Web | Archiv časopisu PDF |
| Field | Law sciences |
| Keywords | Public prosecutor’s office; statutory jurisdiction |
| Attached files | |
| Description | Referring to specific cases, the article deals with the issue of jurisdiction of the state prosecutor’s office in criminal proceedings. Jurisdiction of the state prosecutor’s office is not determined by the Constitution, it is determined only by Acts. However, also these Acts are binding. It is therefore necessary to comply with them until the legislatures stipulate more liberal rules for determination of the state prosecutor’s office jurisdiction. However, in such case the change of jurisdiction of a judge involved in a pre-trial should not be tied to the change of jurisdiction of the state prosecutor’s office. Automatic change of a pre-trial judge and a state prosecutor’s office, e.g. in the form of withdrawing from and ordering the case to a state prosecutor’s office by an individual legal act breaches the principle of the statutory judge determined according to general statutory rules. |