Prosecutor: What They Do and What Powers They Have

Quick Overview: What a Public Prosecutor Does

• A prosecutor oversees the legality of police procedures during the preliminary investigation.
• They may issue binding instructions to the police and return a case to them for further investigation.
• For example, they decide whether to discontinue or suspend criminal prosecution and on certain diversionary measures.
• If the legal conditions are met, they file an indictment or a motion for sentencing.
• In court, they represent the prosecution, present evidence, and may file an appeal.
• The court, not the public prosecutor, decides on guilt, punishment, and whether to remand the accused in custody.

If the police have initiated criminal proceedings against you or you have appeared as a victim in the proceedings and you disagree with the actions of the criminal justice authorities, do not wait until an indictment is filed. Our attorneys will review the proceedings to date and explain what procedural rights you can exercise.

From our legal practice: People often confuse the prosecutor with a judge or with the victim’s attorney. However, the prosecutor does not decide on guilt nor does he or she automatically defend the personal interests of the victim. His or her role is to represent the public prosecution and to act impartially so that the circumstances both in favor of and against the accused are clarified.

The Role of Prosecutors in Criminal Proceedings

The Public Prosecutor’s Office is a key body in criminal proceedings, whose primary role is enshrined in the Constitution of the Czech Republic. Although the Act on the Public Prosecutor’s Office defines this role briefly, it refers to the Criminal Procedure Code, which specifies the concrete powers and duties of public prosecutors.

A public prosecutor has authority at all stages of criminal proceedings. Above all, the prosecutor plays a dominant role in the preliminary investigation. Here, the prosecutor oversees compliance with the law, may issue instructions to police authorities, intervene in the investigation, and decide on key steps such as filing an indictment, discontinuing, or suspending criminal prosecution.

Furthermore, the public prosecutor decides on interventions affecting personal rights and may order various investigative measures, such as searches, monitoring of mail, or the seizure of property. In preliminary proceedings and summary proceedings, the public prosecutor also has specific powers, such as filing a motion for sentencing or deciding to dismiss a case.

All of these powers serve to enable the public prosecutor to effectively oversee the course of criminal proceedings and ensure that justice is served.

The public prosecutor plays a key role in criminal proceedings, beginning with the filing of an indictment, which allows the court to commence proceedings. The public prosecutor is present at the trial, where he or she represents the prosecution and has the authority to present evidence. The prosecutor is also the only one who can initiate plea bargain negotiations and subsequently submit the agreement to the court for approval.

He or she has the right to file an appeal or a complaint against a court’s decision, even if it is unfavorable to the defendant. In specific cases, such as proceedings against juveniles, the public prosecutor must always be present. Furthermore , the public prosecutor may initiate a retrial and decide on alternative measures during the preliminary proceedings, such as the conditional suspension of criminal prosecution or the approval of a settlement.

The two most important areas in which the public prosecutor is active are:

• criminal proceedings prior to the filing of an indictment —where the public prosecutor oversees compliance with the law and may, during the preliminary proceedings, submit a motion to the court to place the accused in pretrial detention. He or she also investigates crimes committed by members of the General Inspectorate of Security Forces, the Security Information Service (BIS), Military Intelligence, the Military Police, or the Office for Foreign Relations and Information.
• Court proceedings —where the prosecutor acts as the prosecutor. The prosecutor files the indictment, proposes a sentence, or proposes a plea agreement. During court proceedings, the prosecutor essentially holds the position of one of the parties. Here, the prosecutor’s role is intended to be very active. He or she presents the indictment and the closing argument, proposes evidence, and participates in the presentation of evidence. He or she is the only one authorized to file an appeal against (but also, where appropriate, in favor of) the defendant, any other party involved, or the victim.

The Scope of the Public Prosecutor’s Authority in Non-Criminal Matters

In addition to criminal matters, the Public Prosecutor’s Office also plays a significant role in non-criminal matters. This includes protecting the public interest in various court proceedings and overseeing the observance of rights in situations where personal freedom is restricted.

In practice, this means that a public prosecutor may, for example, initiate proceedings in matters of child custody, protection against domestic violence, or legal capacity. They may also intervene in cases where it is necessary to protect individuals in institutional care or to ensure that court proceedings are conducted fairly. Furthermore, the Public Prosecutor’s Office has the authority to oversee compliance with legal regulations in prisons and other similar facilities.

Prosecutors thus play an important role not only in criminal proceedings but also in the protection of rights and justice in a broader sense. For example , they may file a lawsuit to invalidate a property transfer agreement if legal requirements were not met, or intervene in cases where children or vulnerable persons need to be protected. These activities of the Public Prosecutor’s Office are essential for ensuring justice and protecting the public interest in the Czech Republic.

Complaints and Review of a Prosecutor’s Conduct

If any of the accused or injured parties suspect delays in the public prosecutor’s activities, they may, under the Criminal Procedure Code , file a request for a review of the public prosecutor’s conduct. The public prosecutor at the immediately higher public prosecutor’s office is responsible for handling such requests.

The Act on the Public Prosecutor’s Office then allows anyone to file a complaint regarding delays in the performance of the Public Prosecutor’s Office’s duties, or regarding inappropriate conduct by public prosecutors and other employees of the Public Prosecutor’s Office. The chief prosecutor, who is the superior of the prosecutor against whom the complaint is directed, is responsible for handling such complaints.

Subject-Matter and Territorial Jurisdiction of the Public Prosecutor’s Office

The jurisdiction of the Public Prosecutor’s Office is determined by the jurisdiction of the court with which it cooperates. In terms of territorial jurisdiction, the location where the crime was committed is decisive. If the crime scene cannot be determined, or if the crime was committed abroad, the case is handled by the court in the area where the defendant lives, works, or where the crime was discovered.

As for subject-matter jurisdiction, district public prosecutor’s offices handle most criminal cases at the first instance. Regional public prosecutor’s offices handle more serious crimes, such as murder, human trafficking, or economic crimes involving significant financial losses. As for crimes that harm the financial interests of the European Union, these cases fall under the jurisdiction of the European Public Prosecutor’s Office.

The Supreme Public Prosecutor’s Office may also exercise jurisdiction in certain particularly serious economic and financial criminal cases. The precise division of jurisdiction is based on the Criminal Procedure Code and the Rules of Procedure of the Public Prosecutor’s Office and depends, among other things, on the amount of damage caused.

Jurisdiction of the Public Prosecutor’s Offices

The public prosecutor’s offices in the Czech Republic operate at several levels, similar to the courts with which they cooperate.

District public prosecutor’s offices handle cases heard by district courts, which are mostly less serious criminal offenses. Prosecutors there represent the state in court proceedings and are responsible for filing indictments. In Prague and Brno, this role is assumed by the district and municipal public prosecutor’s offices.

Regional public prosecutor’s offices handle more complex and serious cases heard by regional courts. In addition to representing the state in court proceedings, they also supervise the work of district public prosecutor’s offices and may review decisions made by district courts.

High Public Prosecutor’s Offices are responsible for cases heard by the High Courts in Prague and Olomouc. They specialize in serious economic and financial crimes and oversee the activities of regional public prosecutor’s offices.

The Supreme Public Prosecutor’s Office, headquartered in Brno, is the highest-ranking institution of the public prosecution service in the Czech Republic. It oversees all lower levels of the public prosecution service, issues opinions on the interpretation of laws, and standardizes legal practice. It is also responsible for international cooperation in the field of justice, for example within the framework of Eurojust, an organization that facilitates cooperation on criminal matters among European Union member states.

This system ensures that each level of the Public Prosecutor’s Office has clearly defined tasks and responsibilities, which enables the effective functioning of the justice system in the country.

Summary

The public prosecutor conducts public prosecutions, and his or her most important role is to oversee the legality of preliminary criminal proceedings. He or she may issue instructions to the police, decide on certain ways to terminate criminal prosecution, file an indictment, negotiate a plea agreement, and present evidence in court or file appeals. However, the court decides on guilt, punishment, pretrial detention, and other most serious infringements of rights. The public prosecutor’s office operates at the district, regional, high, and supreme levels, with specific jurisdiction depending on the nature and location of the case in question.