Publication details
Pokyny v soustavě státního zastupitelství a jejich vliv na trestní řízení
| Title in English | Instructions in the System of Public Prosecution and their Influence on Criminal Proceedings |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Article in Proceedings |
| Conference | Cofola 2019, Část III. Uzavřenost vs. interaktivita trestního práva |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | Instructions; Public Prosecutor 's Office; Supervision; Internal Supervision; External Supervision; Means of Supervision; Disciplinary Proceedings in the Matters of Public Prosecutors; Impact of Instructions; Criminal Proceeding; Supervision |
| Description | The paper deals with the issue of exercising public prosecutor’s powers, but not from the external (also more common) point of view, but from the internal one. Specifically, it will be instructions in the system of public prosecution, which include external su-pervision instructions and internal supervision instructions, including individual in-structions or instructions in the form of internal regulations. The aim of the paper is to answer the question what influence these instructions can have on criminal procee-dings, if there is some. Further to identify the shortcomings of the current regulation, respectively its “sticking points”. The first part of the paper includes general definitions of these terms, it also defines the legal framework and outlines interrelation of the di-fferent types of instructions. The paper also deals in more detail with different types of instructions and points to their specifics. Subsequently, there are mentioned situations where legally unforeseen situations may arise, there are also mentioned possible con-sequences when instructions are not respected by public prosecutors – disciplinary proceedings in the matters of public prosecutors. The conclusion of the paper contains before mentioned reflections on actual and possible impact of these instructions on criminal proceeding. |
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