What is Act No. 124 / 1992 Coll.?

Act No. 124 / 1992 Coll., on Military Police — Law on Military Police.

When it became Act No. 124 / 1992 Coll. effectiveness?

Act No. 124 / 1992 Coll. became effective 01.05.1992.

Is Act No. 124 / 1992 Coll. still valid?

Yes, Act No. 124 / 1992 Coll. is still valid and effective.

Act No. 124 / 1992 Coll. - Law on Military Police

124

THE LAW

of 5 March 1992

about Military Police

The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:

§ 1

Preliminary provisions

Military police, to the extent defined by this Act, shall carry out the duties of police protection of the armed forces, military objects, military equipment and other property of the State with which the Ministry of Defence manages. A military officer can only be a professional soldier.

HLAVA PRVNÍ

SCOPE, TASKS AND ORGANISATION OF MILITARY POLICE

§ 2

Scope of Military Police

Military police are acting against

(a) to soldiers in active duty ("soldiers"),

(b) persons who are present in military buildings and in the area where military action is taking place, as well as persons who commit criminal activity or offences, together with soldiers or against military objects, military material or other property of the State with which the Ministry of Defence operates.

§ 3

Tasks of the Military Police

(1) Military police shall carry out the following tasks:

(a) involved in ensuring discipline and order in military objects;

(b) involved in ensuring the discipline and order of the soldiers in public;

(c) detect and identify offences and take action to prevent crime;

(d) acts as a police authority in criminal proceedings (1) and saves offenses of soldiers, 1a)

(e) search for soldiers and military material or other property of the State with which the Ministry of Defence operates;

(f) involved in the protection of military equipment and other property of the State with which the Ministry of Defence operates;

(g) participate in the protection of classified information;

h) oversees the safety of the operation of vehicles of the armed forces and the safety of the operation of other means of transport in military objects;

(i) manage the operation of vehicles of the armed forces on the road;

(j) supervise the training and improvement of the competence of drivers (2) of vehicles of the armed forces;

(k) keep records of vehicles of the armed forces and approve the technical competence of military vehicles;

(l) keep records and statistics necessary for the performance of its tasks;

(m) ensure the protection and escort of designated persons, the protection of dedicated military transport aircraft for the transport of constitutional agents and military objects intended for the handling of transported constitutional agents and designated persons ("protected persons").

(2) The tasks of the Military Police in using the forces and resources of the Army of the Czech Republic in a state of threat to the state or to the state of war are determined by the Ministry of Defence.

(3) Military police carry out additional tasks where provided for in the Special Act 2a) or an international treaty to which the Czech Republic is bound.

§ 4

Military Police Organisation

(1) The organisation structure of the Military Police is to be determined by the Minister of Defence after discussion in the committee responsible of the Chamber of Deputies of Parliament.

(2) The Head of the Military Police is the Chief of the Military Police, appointed and dismissed by the Minister of Defence after consulting the Committee of the Chamber of Deputies responsible for Defence. Chief of Military Police is directly under the authority of the Secretary of Defense.

HLAVA DRUHÁ

OBLIGATIONS, AUTHORITIES AND ENVIRONMENT OF THE MILITARY POLICE

Oddíl první

Obligations of a military officer

§ 5

(1) In carrying out the tasks of the Military Police, a military officer shall ensure the honour, dignity and dignity of persons as well as his or her own and shall not allow persons in connection with this activity to be harmed unjustly and that intervention in their rights and freedoms goes beyond what is necessary to achieve the purpose of the task.

(2) If the circumstances of the task to be performed so permit, the military officer shall be obliged to instruct those persons about their rights in carrying out the tasks of interfering with the rights or freedoms of persons; otherwise it shall instruct them retrospectively.

§ 6

A military officer shall, if his medical condition so permits or is not under the influence of drugs or other substances which reduce his ability to act, carry out a professional operation at a time outside the service, or inform the nearest military police department or the nearest police department if a criminal offence or offence is committed which is immediately threatened by life, health or property.

§ 7

A military officer shall not be obliged to perform a service if:

(a) he has not been trained or trained to carry out such training or training, and if the nature of the service requires such training or training;

(b) this is prevented by the important interest of the service.

§ 8

(1) A military officer shall not be obliged to carry out a service on grounds of an important interest in the service if he carries out or provides:

(a) search activity in the immediate persecution of the criminal offender;

(b) a single-command service;

(c) protection of essential military material or military object;

(d) tasks whose completion would have more serious consequences than the failure to carry out the new procedure necessary to eliminate the immediate threat.

(2) In carrying out the tasks referred to in paragraph 1, a military officer shall be obliged to carry out the service or other measures necessary to eliminate the imminent threat, provided that the circumstances of the case so allow, if there is a higher risk of interest than that protected by the task he carries out.

(3) A military officer shall, if the circumstances of the case permit, ensure that the relevant military police department or the nearest police department of the Czech Republic is informed.

§ 9

(1) A military officer shall, in the performance of his or her duties, demonstrate his / her competence with the Military Police if the nature and circumstances of the task performed so permit.

(2) The military police officer shall be responsible for demonstrating the military uniform with the external designation of the MILITARY POLICE (VP) with the identification number or identification card of the military police officer with the registration number (hereinafter referred to as the "service pass') or the oral declaration" Military police '. The means of transport used by the Military Police are designated as MILITARY POLICE or MILITARY TRANSPORT POLICE.

(3) The oral declaration of the "Military Police" only in exceptional cases where the circumstances of the task to be performed do not allow evidence of such competence by military uniform or service pass. The military uniform or service pass shall be demonstrated by the military officer as soon as the circumstances of the task performed permit.

§ 10

(1) A military officer is required to provide assistance to anyone at his request within the scope of the tasks of the Military Police.

(2) A military officer shall be obliged to remain silent about the facts which he has become aware of in the performance of or in connection with the tasks of the Military Police and which require, in the interests of the Military Police or other persons, to remain secret from unauthorised persons.

(3) The Ministry of Defence shall be authorised to release the military officer from the obligation of confidentiality.

Oddíl druhý

Approval of a military officer

§ 11

Authorisation to request clarification

(1) A military officer shall be entitled to request the necessary explanations from a soldier who may contribute to clarifying the facts relevant to the detection of a criminal offence or offence and their perpetrator, as well as for the detection of wanted or missing persons and items, and, if necessary, to invite him to appear immediately or at a specified time at a designated place to draw up an explanation report.

(2) Each soldier shall comply with the request or call referred to in paragraph 1.

(3) An explanation can only be denied by a soldier who, to his relative in a direct generation, to his brother, to an adopter, to an adopted man, to a spouse or to a species, as well as to other persons in a family or similar relationship whose harm he would rightly feel to be his own, would create a risk of criminal prosecution or a risk of punishment for an offence.

(4) An explanation may not be required of a soldier who would thereby infringe the obligation of confidentiality imposed by the State or recognised by the State, unless he is relieved of that obligation by the competent authority or in the interests of which he has the obligation.

(5) A military officer shall be obliged to instruct the soldier in advance of the possibility of refusing explanations under paragraphs 3 and 4.

(6) If a soldier fails to comply with the request referred to in paragraph 1 without sufficient apologies or for serious reasons, he may be brought to draw up an explanation report.

(7) A military officer will make an official record of the demonstration of a soldier.

(8) Paragraphs 1, 2, 3, 4, 5 and 7 shall apply mutatis mutandis to the persons referred to in Paragraph 2 (b). If they refuse to give the necessary explanation, the military officer shall be entitled to bring them to the nearest police department. If a military officer does not use this authorisation, he shall immediately release the persons referred to in Section 2 (b).

§ 12

Authorisation to require proof of identity

(1) Proof of identity means proof of the name, surname, date of birth and permanent or temporary residence and, in the case of a soldier, proof of military competence.

(2) The military officer shall be entitled to call:

(a) any soldier,

(b) persons referred to in § 2 (b);

to prove their identity; They are obliged to meet the challenge.

(3) If a soldier refuses to prove his or her identity or cannot prove his or her identity even after the necessary synergies have been provided to prove his or her identity, the military officer shall be entitled to bring the soldier to perform his or her duties to establish his or her identity. Once the identity of the military officer has been established, the soldier will be released, unless legal reasons prevent it.

(4) If, on the basis of the information communicated or in the population records, a military officer cannot establish the identity of the soldier demonstrated in accordance with paragraph 3, he shall be entitled to call on the soldier to suffer the necessary service operations such as the scanning of dactyloscopic prints, the making of image recordings, the external measurement of the body and the detection of specific physical signs. The measurement of the body and the detection of special physical signs shall be carried out by a person of the same sex or by a doctor.

(5) If the military officer does not identify the soldier within 24 hours of the demonstration, he is obliged to release him.

(6) If the persons referred to in § 2 (b) refuse or are unable to prove their identity, the military officer shall be entitled to bring them to the nearest police department.

(7) A military officer shall record the demonstration.

§ 13

Security

(1) A military officer is entitled to provide a soldier who:

(a) immediately endangers his or her life or health or the life or health of other persons or property and, after the call for such action, withdraws;

(b) attempted to escape in a demonstration pursuant to Article 11 (6) or Article 12 (3);

(c) has been caught committing a criminal offence or offence or is reasonably suspected of such conduct if there are specific facts which justify a concern that the infringement will continue or impede proper clarification of the matter;

(d) stay illegally outside the service or post of secondment.

(2) If the reasons for the detention are omitted, the military officer shall immediately release the secured soldier.

(3) A soldier may be secured only for a period of the strictly necessary but not more than 24 hours from the time of the restriction of liberty.

(4) A military officer is required to notify his commander immediately of the provision of a soldier.

(5) A military officer will file an official record of securing a soldier.

§ 14

Placing of secured soldiers in advance reinsurance duties

(1) A military officer is entitled to place a soldier secured in accordance with Section 13 in a pre-detention cell set up for this purpose in a military unit prison ("the cell").

(2) Before being placed in a cell, a military officer takes away things from a soldier that could endanger his or her health or his or her health or the life of another person. There must be a particular reason for removing medical devices which cause psychological or physical harm. A military officer will make a list of the items taken, which he will sign along with the soldier placed in the cell. When a soldier is released from his cell, he will return the items taken against his signature.

(3) The customs duties shall always be placed separately:

(a) men and women,

(b) collateral which may be presumed to be subject to joint criminal proceedings or criminal matters relating to them;

(c) those who act aggressively.

(4) A soldier who is clearly under the influence of alcoholic beverages, medicines or other addictive substances can only be placed in a cell if, after the examination carried out, the doctor finds no reason to place him in a medical institution or if, after the treatment carried out, there is no longer a reason for his admission to a medical establishment.

(5) If a military officer finds that a soldier to be placed in a cell is injured or alerted by a soldier to his more serious illness, or if there are reasonable grounds for suspecting that such a soldier is suffering from such a disease, he shall ensure that he is medically treated and shall ask the doctor's opinion whether a soldier may be placed in a cell.

(6) The cell must be hygienically sound and must correspond to the purpose referred to in paragraph 1. There shall be no items in the cell that could be used to endanger the life and health of a soldier or a military officer.

(7) If the soldier does not have sufficient garment or if the garment is hygienically defective, he shall be given the garment by the military department with which the cell is set up.

§ 15

Authorisation to use other means against violent soldiers

(1) A soldier who behaves violently or destroys property or tries to escape, after a futile call to abandon such conduct, may be limited to the possibility of free movement by handcuffing to a firmly built-in object in a way which does not diminish his human dignity.

(2) Restrictions on free movement may take only as long as the soldier withdraws from violent behaviour or is placed in a cell, but not more than 2 hours; while allowing the soldier to sit.

§ 16

Authorisation to withdraw a weapon

(1) A military officer shall be entitled to check that the demonstrated or secured person does not carry a weapon, 3) which could endanger his or her life or health or the life or health of another person and remove it.

(2) The gun taken pursuant to paragraph 1 shall be returned by the military officer upon release of the person presented or secured against the signature. If they prevent the legal reasons for returning the weapon, the military officer will issue a certificate of withdrawal.

§ 17

Authorisation to stop and search means of transport

(1) A military officer is entitled to stop and inspect vehicles driven by soldiers and vehicles of the armed forces.

(2) A military officer is entitled to stop and inspect all means of transport in military objects and all means of transport when entering or leaving military objects.

(3) The inspection of means of transport shall not pursue any interest other than that referred to in § 3 (a), (b), (c), (d), (e), (f), (g), (h), (m).

§ 18

Approval in the operation of vehicles of the armed forces

(1) The military police explain the accidents of vehicles of the armed forces in military buildings which do not need to be investigated.

(2) When stopping vehicles on the road in connection with the operation of vehicles of the armed forces, a military officer has the same rights as members of the Police of the Czech Republic. 3a)

§ 19

Authorisation to prohibit entry into designated places

If this requires effective security of the performance of tasks under this law, a military officer shall be entitled to order everyone not to enter or stay in designated posts for the necessary time.

§ 19a

Authorisations for the security of protected persons

(1) In ensuring the safety of protected persons who are subject to personal protection under the specific legislation and international treaties by which the Czech Republic is bound, the military officer carrying out the tasks of protecting those persons shall be entitled to inspect persons, baggage, goods and means of transport located in an area from which the safety of the protected person may be compromised.

(2) A search of persons shall be authorized by a military officer only if such persons do not leave that area immediately or if there is a risk of delay. A person of the same sex shall be inspected.

(3) To search the premises, a policeman must have permission from the owner or user. Without the said permission, a military officer shall only be authorised to carry out an inspection if there are reasonable grounds for suspecting an attack on the safety of the protected person from the premises.

(4) A tour of the premises, luggage, goods and means of transport must not follow any interest other than to ensure the safety of the protected person.

Authorisations for clarifying the offences committed by soldiers

§ 20

(1) A military officer shall be entitled to require, when clarifying the conduct of soldiers who have the characteristics of an offence under a specific law, 3b)

(a) an indicative breath test;

(b) medical examination including blood and urine collection to detect alcohol or other addictive substances;

(c) professional observations, 3c)

(d) an extract from the record of the Register of Penalties in cases where prior criminal penalties could lead to an assessment of the offence.

(2) In addition, the military officer shall be entitled to conduct an examination of the place where the conduct has been carried out, which has the characteristics of the offence, of the matter relating to the conduct which has the characteristics of the offence, and to identify and provide evidence in connection with it.

(3) The operation referred to in paragraph 1 (b) shall be subject to the duty of the soldier only if it is not linked to a danger to his health.

§ 21

(1) A military officer is entitled, after a previous futile call for extradition, to withdraw the matter from the soldier, if he may reasonably consider that it may be forfeited or prevented in infringement proceedings. 4)

(2) It is not possible to withdraw a case whose value is in conspicuous disagreement with the nature of the offence.

(3) A military officer shall write an official record of the removal of the case and issue a certificate of withdrawal to the soldier.

(4) If the offence is not declared forfeited or prevented, the military officer shall be obliged to return the case immediately unless he has referred it to the commander.

§ 21a

Authorisation for use of bait and safety equipment

In carrying out the tasks referred to in Article 3 (f), the military police shall be entitled to use means of risk and safety equipment.

Oddíl třetí

Use of means of enforcement and weapons

§ 22

Enforcement

(1) The means of enforcement are:

(a) touches, moves, punches and kicks of self-defense,

(b) tear media;

(c) baton,

(d) handcuffs,

(e) service dog,

(f) technical means to prevent the vehicle being taken out;

(g) the stopping belt and other means of stopping the vehicle by force,

(h) blast;

(i) a firearm strike;

(j) a weapon-aimed threat;

(k) a warning shot in the air.

(2) Prior to the use of coercive measures, a military officer shall be required to call upon the person against whom he is acting to refrain from the infringement by warning that one of the coercive measures will be used. A call and a warning may be waived only if it is challenged or if the life or health of another person is clearly and immediately threatened and the matter cannot be delayed.

(3) The use of the means of enforcement is intended to achieve the purpose pursued by the service; only such means of enforcement as is strictly necessary to overcome the opposition of the person committing the infringement. The use of coercive means is decided by a military officer, according to a particular situation, so as not to cause undue harm to the person against whom he is acting.

(4) A military officer may use the enforcement measures referred to in paragraph 1 in respect of all persons who are himself attacked or threatened by the life or health of another person.

§ 23

Use of tactile, moves, punches and kicks of self-defense, tear-forming devices and baton

(1) Features, moves, blows and kicks of self-defense, tear-forming devices and batons are authorized to use a military officer to:

(a) ensure the safety of his or her own or other person before the unlawful attack, unless the futile call for the attack is waived, the attack is imminent, persists or continues according to all signs;

(b) prevent disorderly conduct, brawl, physical assault or intentional damage to property;

(c) demonstrate or detain a person or provide an active resistance soldier;

(d) prevent the violent entry of unauthorised persons into protected and guarded objects or places where entry is prohibited.

(2) The forces and moves of self-defense are authorized to use a military officer to demonstrate or detain a person or to secure a soldier who gives passive resistance.

§ 24

Use of handcuffs

The cuff is a military officer authorized to use

(a) to bind a secured, detained, arrested soldier or soldier who is to be brought into prison or detention and who has actively resisted or attacks another person or military officer or harms property, following a futile call for him to refrain from such action or if there is a risk of his attempt to escape;

(b) to bind each other to two or more demonstrated, secured or detained soldiers, under the conditions set out in (a).

§ 25

Use of the service dog

(1) A service dog is authorised to use a military officer,

(a) in order to ensure the safety of his or her own or other persons, unless the futile challenge is waived, the attack is imminent, persists or continues according to all signs;

(b) to prevent disorderly conduct, brawl, physical assault of persons or intentional damage to property;

(c) to prevent violent entry of unauthorised persons into protected or guarded objects or places where entry is prohibited;

(d) for the persecution of a soldier or other person to be detained, arrested or brought into custody;

(e) to force the hiding soldier or any other person to be secured, detained, arrested or brought into custody to leave the safe house.

(2) A military policeman uses a service dog with a muzzle. If the nature and intensity of the attack or, if necessary, overcoming the resistance so require, he shall use the service dog without muzzle.

Citation	Act No. 124 / 1992 Coll., on Military Police
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	03.04.1992
Effective from	01.05.1992
Effective until	-
Status	Valid

Act No. 124 / 1992 Coll.

Law on Military Police

Contents

§ 1