Application for Exemption of Persons from the Competence of the Investigative, Prosecuting, and Adjudicating Authorities

1. General Information

The Supreme Court decides on an application for the exemption of persons from the competence of investigative, prosecuting, and adjudicating authorities in cases where there are doubts as to whether, or to what extent, a certain person is exempted from the competence of the authorities due to holding privileges and immunities under the domestic law or international law.

The law distinguishes between persons exempted from the competence of investigative, prosecuting, and adjudicating authorities:

a) immunities under international law, which include an exemption from the applicability of certain provisions of domestic law that otherwise apply to other persons staying in our territory,

b) privileges under international law, which refer to special rights not enjoyed by other persons staying in our territory, 

c) privileges and immunities under the domestic law, which include cases of exclusion from prosecution for the President of the Republic, members of the Parliament, and Senators according to the Constitution of the Czech Republic.

2. Who May File the Application

The Supreme Court decides on the application filed by the person in question, the public prosecutor, or a lower court. The application may be filed by any public prosecutor or any court if it is necessary for their procedures or decisions.

The application is not subject to any time limit or specific reasons.

3. Decision on the Application

The Supreme Court shall decide by a resolution, against which no complaint is admissible, whether the person in question is exempted from the competence of investigative, prosecuting, and adjudicating authorities (and, if applicable, to what extent), or whether the person is not exempted.

If the person is exempted from the competence of the authorities, (further) prosecution is not permissible. If the person is not exempted, prosecution may be initiated or continued.

The decision of the Supreme Court is binding on all investigative, prosecuting, and adjudicating authorities.

Relevant Legislation:

  • Act No 141/1961 Coll., the Code of Criminal Procedure, as amended
  • Act No 40/2009 Coll., the Criminal Code, as amended
  • Constitutional Act No 1/1993 Coll., Constitution of the Czech Republic, as amended
  • Resolution No 2/1993 Coll., on the Declaration of the CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS as a Part of the Constitutional Order of the Czech Republic, as amended
  • Act No 6/2002 Coll., on Courts, Judges, Lay Judges and State Administration of Courts and on the Amendment of Certain Other Acts (Act on Courts and Judges), as amended