JUDr. Jan Vychyta, emailjvychyta@osz.pha1.justice.cz

The article deals with a position of a public prosecutor in a trial stage of criminal proceeding as proposed in a draft of a new Czech Code of Criminal Procedure published in 2018. The author analyses the draft from a viewpoint of a public prosecutor, compares it to previously published governmental white papers as well as to foreign legislation and suggests certain adjustments. The author draws a conclusion that the draft of a new Code of Criminal Procedure does not strictly follow any of the white papers and the proposed changes to criminal procedure should be considered as an evolution of current legislation, rather than a revolution bound to replace historically prevalent procedural principles. However, chosen approach might be overall better suited due to general social apprehension of criminal justice as well as legal tradition.