The Nejvyšší státní zastupitelství is a body of the public prosecution system of the Czech Republic, seated in Brno. Its remit corresponds to that of the Supreme Court of the Czech Republic.[1]
Supervision and criminal agenda
The Nejvyšší státní zastupitelství supervises the activities of the high public prosecutor's offices. It is active in handling submissions concerning complaints for breach of the law in criminal matters and in reviewing them on its own initiative.[1]
Interpretive opinions and unifying practice
The Nejvyšší státní zastupitelství issues interpretive opinions in the form of recommendations that address specific problems of application arising in the practice of public prosecutor's offices, in both criminal and non-criminal matters.[1]
The Supreme Public Prosecutor may issue opinions to unify the interpretation of laws and other legal regulations, where this concerns unifying practice in applying norms of substantive and procedural criminal law, or also norms from outside the criminal sphere. Like the case law of the courts, these opinions are not binding.[1]
The Nejvyšší státní zastupitelství also takes part in issuing decisions and opinions on the interpretation of laws and other legal regulations that are published in the Collection of Court Decisions and Opinions. This applies where the interpretation of a legal question needs to be unified or where lower courts have reached differing decisions on it, including questions disputed between the divisions of the Supreme Court of the Czech Republic. It also acts in proceedings on the recognition and enforceability of decisions of foreign courts in the territory of the Czech Republic, where the law or an international treaty so requires.[1]
General instructions
The Supreme Public Prosecutor issues general instructions, which serve to unify and guide the conduct of public prosecutors in exercising the powers of the public prosecution service, or to ensure a uniform internal organisation and a uniform handling of case files. These instructions apply to multiple matters of a certain kind, not to a specific case under consideration, and are binding on public prosecutors and, if the Supreme Public Prosecutor so provides, on other employees of the public prosecutor's office. General instructions are published in the Collection of Instructions of the Ministry of Justice, in the electronic ASPI system and on the website of the Nejvyšší státní zastupitelství.[1]
Review of closed cases and other powers
The Supreme Public Prosecutor may order the Nejvyšší státní zastupitelství, or a public prosecutor's office it entrusts with the task, to carry out a review of closed cases in which the relevant public prosecutor's office was active and, where a fault is found, to apply corrective measures. A closed case is one in which no ordinary appeal can any longer be lodged or which has been passed to another body for decision, that is, a case in which the public prosecutor's office is no longer active.[1]
Findings from the review of closed cases may prompt the Supreme Public Prosecutor to use further powers under Section 12 of the Act on the Public Prosecutor's Office, in particular under subsections 1 and 4. Procedure under other provisions of the Act on the Public Prosecutor's Office may also come into consideration, for example a motion to initiate disciplinary proceedings under Section 8(5)(a) of Act No. 7/2002 Coll., on proceedings in matters of judges, public prosecutors and court executors.[1]
International cooperation
The Nejvyšší státní zastupitelství is represented in Eurojust and is a member of the Network of Prosecutors General of the European Union states.[1]