JUDr. Ilja Khain, státní zástupce, KSZ v Brně-pobočka ve Zlíně, email: ikhain@ksz.brn.justice.cz

The paper discusses the decision of the Supreme Administrative Court as a disciplinary court. The accused was a regional public prosecutor who allegedly manipulated with a criminal notice. The paper elaborates on what is and what is not a criminal notice from the point of view of the Criminal Code and the appropriate general instruction released by the Supreme Public Prosecutor’s Office. It also deals with the question of competence to handle a criminal notice which actually belongs to administrative proceedings. In the conclusion, the paper points to the insufficiencies of Law No. 7/2002 on penal proceedings saying that it should be amended, and a two/instance penal proceeding introduced.