Essay On Public Prosecutor Office

Article 80, par. 1 of the Constitution of the Czech Republic characterizes the public prosecutor ’s office as an organ representing public prosecution in criminal proceedings; it also performs other tasks the law sets forth. By Act No. 283/ 1993 Coll., on the public prosecutor, in effect since 1 January 1994, the public prosecutor’s office has been organized as a system of public offices assigned to represent the state in cases established by law. This system replaced the former office of public prosecution, which was blamed for being too similar to Soviet models, further that it was “omnipotent” (the “guardian of justice” concept), and that it formed a kind of “fourth” power in society (next to the legislative, executive and judicial powers).

It is not ranked among ministries or other executive organs of state power, but the public prosecutor’s office stands alongside these bodies. Some opinions (e.g. expressed in commentaries to the Constitution of the Czech Republic) state that the public prosecutor’s office is an executive power, which as such respects the policies of the government in the scope of its activities. Therefore, it has been incorporated by law into a department of the Ministry of

The concept of a court of inquiry (typical, for example, for France, the Netherlands, Belgium, Portugal, Spain, Switzerland and, until the end of 2007, Austria; discontinued in Germany and Italy) was rejected precisely because it was contradictory (the judge investigates and brings up charges for a criminal act, but on the other hand he/she should also guarantee rights and due process), costly, and in preparatory proceedings would cast doubt on the dominant role played by the public prosecutor. If this model were applied with a court of inquiry, the public prosecutor would not bear full responsibility for performing preparatory proceedings, even though he/she would submit the indictment and perform the prosecution before the