Complaint on the Violation of the Law

1. General Information

The complaint on the violation of the law is a legal tool in the Czech criminal law that allows the review of final decisions made by lower courts or other authorities involved in criminal proceedings when there is reasonable doubt that their decision, or the proceedings leading to it, violated the law. 

A complaint on the violation of the law can only be filed against the operative part of the decision on punishment if the sentence is manifestly disproportionate to the nature and gravity of the offence or to the perpetrator’s personal state of affairs, or if the nature of the imposed sentence is manifestly contrary to the purpose of punishment. This tool serves to correct legal defects and ensure a uniform interpretation of the law. 

At the Supreme Court, complaints on the violation of the law are dealt with under the Tz agenda.

2. Who May File a Complaint on the Violation of the Law

Only the Minister of Justice is entitled to file a complaint on the violation of the law, either in favour of or against the accused, and it may also be filed concerning another person who did not hold the status of the accused. Individuals or legal entities may file an incentive to file a complaint on the violation of the law to the Minister of Justice at the following address:

Ministerstvo spravedlnosti České republiky
Ministry of Justice of the Czech Republic
Vyšehradská 16 
128 10 Praha 2

However, the incentive is not binding, no formal decision is made on it, and it is entirely at the discretion of the Minister of Justice whether to file a complaint on the violation of the law. No reasoning is provided if the complaint is not filed.

3. Time Limit for Filing a Complaint

There is no time limit for filing a complaint on the violation of the law.

4. Proceedings on the Complaint on the Violation of the Law and its Duration

After the complaint on the violation of the law is filed, the Supreme Court reviews whether the conditions for its consideration are met.

If the Supreme Court finds that these conditions are met, it will decide on the complaint in a public or closed hearing pursuant to Section 274 of the Code of Criminal Procedure.

The criminal regulations do not specify any time limit within which the complaint on the violation of the law must be decided. However, statistics from recent years show that the average processing time was generally within 60 days.

5. Decision on the Complaint on the Violation of the Law

The Supreme Court may dismiss the complaint on the violation of the law if no violation is found, or it may uphold the complaint.

If the Supreme Court finds that the law was violated to the detriment of the accused, it will, along with the finding of a violation, annul the contested decision and refer the case back to the competent authority for reconsideration, or it may decide on the case itself. However, if the law was violated to the detriment of the accused or concerning a person other than the accused, the Court may issue only a so-called “academic ruling” stating that the law was violated. This academic ruling does not affect the validity of the contested decision or the status of the affected persons.

No remedial measure is admissible against the Supreme Court's decision on the complaint on the violation of the law.

Relevant Legislation:

  • Act No 141/1961 Coll., the Code of Criminal Procedure, as amended
  • Act No 40/2009 Coll., the Criminal Code, as amended
  • Act No 218/2003 Coll., on the Liability of Juveniles for Illegal Acts, on Juvenile Justice and on the Amendment to
  • Certain Other Acts (Juvenile Justice Act), as amended
  • Act no. 418/2011 Coll., on Criminal Liability of Legal Entities and on Proceedings against Them, 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