AKMV 
The prosecutor’s protest is one of the means of oversight over public administration authorities, and it is regulated by Act No. 153/2001 Coll. on the Prosecutor’s Office (hereinafter referred to as the “Prosecutor’s Act”).
According to § 22(1)(a) of the Prosecutor’s Act, the prosecutor’s protest is a legal instrument through which: “the prosecutor exercises supervision over the observance of laws and other generally binding legal regulations by public administration authorities.”
According to § 23(1) of the Prosecutor’s Act: “The prosecutor is authorized to file a protest against administrative acts of public administration authorities referred to in § 21(1)(a), which violate a law or another generally binding legal regulation.”
Administrative acts of public administration authorities under § 21(1)(a) of the Prosecutor’s Act shall include:
- Decisions of public administration authorities
- Measures issued by public administration authorities
- Measures of public administration authorities with general effect
- Resolutions of local self-government bodies
- Generally binding legal regulations issued by public administration authorities
A prosecutor may submit a protest based on a motion filed by any individual.
§ 31(2) of the Prosecutor’s Act: A petition is understood as a submission aimed at prompting the prosecutor to take measures within the scope of his or her competence.
§ 31(3) of the Prosecutor’s Act: A petition under this Act does not include a submission that:
- is anonymous,
- is illegible or incomprehensible,
- constitutes an inquiry, opinion, suggestion, or request,
- is sent to the prosecutor’s office for informational purposes only,
- points to deficiencies in the activities of a public authority that are addressed under a specific legal regulation or that fall outside the competence of the prosecutor’s office,
- is a complaint or other submission under a special regulation,
- is a report of a criminal offence or another submission subject to the provisions of the Criminal Procedure Code.
§ 32(1) of the Prosecutor’s Act: „The petition shall be submitted in writing, orally for the record, by fax, or by electronic means. A petition submitted by fax or electronic means without a qualified electronic signature must be supplemented within three working days by presenting the original in paper form or by electronic means with a qualified electronic signature.“
Pursuant to § 32(2) of the Prosecutor’s Act, every petition must include:
- the authority to whom it is addressed,
- the subject matter of the petition,
- the identity of the petitioner,
- the person or entity against whom the petition is directed,
- the remedy or action sought by the petitioner, and
- the reasoning (justification) for the petition.
The petition must be dated and signed by the petitioner or their representative.
If the petitioner is requesting a review of the legality of a decision or measure, they must attach the contested decision or measure to the petition and state the reasons why they consider it to be unlawful. If the petitioner is unable to attach the contested decision or measure, they must provide its reference number, date of issuance, and the authority that issued it.
If even that is not possible, they must at least state when and how they became aware of the decision or measure.
If the petition does not meet these requirements, the prosecutor shall invite the petitioner to correct or complete it within a deadline set by the prosecutor, which must not be shorter than 10 days (§ 32(3) of the Prosecutor’s Act). If the petitioner fails to comply, the prosecutor shall not take the petition into consideration (§ 34(1)(c) of the Prosecutor’s Act).
According to § 34(1) of the Prosecutor’s Act, “A petition may be submitted at any prosecutor’s office.” According to § 34(2) of the Prosecutor’s Act, “The prosecutor shall confirm receipt of the petition to the petitioner no later than 10 days after its delivery. A petition submitted orally shall be recorded in the minutes; upon the petitioner’s request, a copy of the minutes shall be provided.”
