Act No. 149 / 1947 Coll.
National Security Act
Valid
Effective from 23.08.1947
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149.
Law
of 11 July 1947
on national security.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Initial provision.
(1) The task of the administrative authorities of national security is to protect public security, in particular the constitutional constitution, the people's rights and freedoms guaranteed by the Constitution, as well as the security of the person and the security of public and private property, and to guard against public order and public morality, so that every citizen can live in peace and quiet.
(2) A closer definition of national security tasks (paragraph 1) is laid down by the Government by regulation.
National Security Administration.
(1) The administrative authorities of national security are: district national committees (district administrative commission, district commissioners), local (central) national committees, exercising the jurisdiction of district national committees. Regional national committees; The Ministry of the Interior.
(2) The competence of national security administrations in each of their stools is governed by specific provisions.
(3) The competence of other national security authorities and authorities (§ 1), laid down by law or by regulations issued under the law, remains unaffected. In particular, the competence of local national committees as municipal authorities remains unaffected, with the restriction arising from the provisions of § 31.
(4) Specific provisions shall determine how national security authorities participate in State defence.
(1) If there is a danger of delay and if there is a public or urgent private interest in an urgent decision, the member of the relevant national committee (Administrative Commission), to whom, according to internal organisation, it is for the national security tasks to be provided, shall, within the limits of the competence of that national committee, take all necessary measures, even if otherwise required by the resolution of the assembly body. If it is not possible to do so for obstacles of fact or law, it is for the President to take these measures.
(2) If the nature of the matter so requests, the authority of the national committee (Administrative Commission) to which, according to internal organisation, it is for national security tasks to be provided, to delegate to a member or an assigned official, on behalf of the competent national committee under personal responsibility, to decide or perform certain repetitive tasks or to carry out a task.
(3) Each measure referred to in paragraph 1 shall be identified as an urgent measure and shall indicate the place at which the assembly body is issued. The urgent action taken shall either be reported without delay to the competent body. If a measure from which a Party does not acquire rights is withdrawn, it shall not be approved by that authority within 15 days. This shall be communicated to those concerned.
(4) In the cases referred to in paragraph 2, either a report on the decision or measure taken shall be submitted to the competent authority without delay.
(1) For national security administrations organised by the National Security Board, national security tasks are either managed under uniform management and management.
(2) In the municipalities (cities) in which the local (central) national committee exercises its competence of the district national committee, national security offices are set up for national security matters. If it is useful to facilitate contact with the population, the local (central) national committee of such a municipality (s) may set up, with the agreement of the Ministry of the Interior - in Slovakia, a delegation from the Interior - also a subsidiary of the National Security Office.
(3) National Security Offices in such municipalities (cities) will allocate the necessary staff to the Ministry of the Interior - in Slovakia mandated by the Interior - from the status of the staff of the National Security Service. They remain civil servants and the administration also pays their personnel costs. The Ministry of Interior shall assign the necessary staff to the other national security authorities of the first stool after hearing the Regional National Committee, in Slovakia mandated by the Home Office. The Minister of the Interior, in Slovakia, an internal delegate under its directives, determines which authorities decide on the personal matters of the staff of the National Security Service. The relevant national committee shall always be heard when transferring, promoting and transferring to the service of such staff.
National Security Corps.
Establishment of the Corps and its organisation.
(1) The National Security College is hereby established as the Executive Authority of the National Security Administration (next "the College"). Its task is to protect the entire territory of the Czechoslovak Republic within the framework of legislation and according to the orders of national security authorities public interests belonging to this field (§ 1). The tasks of the Corps therefore include in particular: security and order service; the surveillance of national borders; the fight against crime; an executive service to secure the Czechoslovak Republic against attacks on its sovereignty, independence, integrity and democratic-Republican state form, security and defence, and to ensure the personal security of constitutional officials; investigations into criminal offences (preparatory proceedings according to criminal rules).
(2) Special provisions shall determine how the College participates in State defence.
(3) The College is a public authority. The costs of its establishment and maintenance shall be borne by the State.
(4) The provisions on the Corps under this Act shall apply mutatis mutandis where the authorities to which its duties have been carried out so far are mentioned in the regulations in force (gendarmerie or police officers).
(1) The College shall consist of:
1. the members of the national exemption fight received, in particular those already members of the Security Service (No 2) on 5 May 1945, as well as the participants in the national exemption fight;
2.
(a) members of former gendarmerie, former corps of uniformed state police, criminal services and former municipal executive police;
(b) of staff who were assigned on 1 January 1947 to carry out a criminal or state security service, provided that they have not been exempted with their consent or have not been released or transferred to the service in force;
3. other persons who were newly admitted to the Security Corps after 5 May 1945.
(2) The National Security Corps, established in Slovakia, shall become part of the Corps in accordance with paragraph 1.
(3) If it is subsequently found that a member of the Corps who has become a member of the Choir pursuant to paragraph 1 or 2 is not a Czechoslovak national of Czech, Slovak or other Slavic nationality, or is not statewide and nationally reliable, or is not morally righteous, he may not be left in the Choir. He shall either be dealt with in accordance with the relevant provisions, unless his release or transfer to retirement is made under the applicable rules.
(1) The Corps is militarily organised. Its members are subject to military courts and criminal law (including provisions on military crimes and military offences) and are subject to military Staff Regulations. Their home law is governed by the same rules as military law. The disciplinary and disciplinary regulations for members of the Corps will be issued by special law. The Minister of the Interior shall, pending the issue of that Act, lay down them in the light of military disciplinary and disciplinary regulations.
(2) The service time spent in the Corps shall be included in the service of its members in the military. Members of the Corps shall, subject to the provisions of Sections 13, 14 and 36, be exempt from military service for the duration of their active service.
(3) Members of the Corps will also be subject to moral and educational education during basic training in training centres.
(1) The College shall be uniform and shall be subject in all its constituents to a unified command.
(2) The head of the Corps is the chief commander responsible for maintaining military order and discipline, as well as training and teaching of members of the Corps. The Head of the Corps shall have a representative. The Chief Commander and his deputy shall be appointed and dismissed by the President of the Republic on a proposal from the Government. If he is the chief commander of the Czech Republic, then be his deputy Slovak, and vice versa.
(3) Within the jurisdiction of the Regional National Committees, in Slovakia, the authority of the Home Affairs Council is the head of the Regional Commissions. The Regional Commander shall be appointed and dismissed by the Government on a proposal from the Minister of the Interior after the hearing of the relevant Regional National Committee, Slovakia, following the observations of the Home Secretary.
(4) The College shall consist of:
(a) an order element which is trained and trained primarily for the performance of security and order services;
(b) a criminal component which is trained and trained primarily to prosecute non-State-directed offences;
(c) a security unit which is trained and trained primarily to prosecute criminal offences against the State.
If the scope of the tasks of the State Security Service is reduced, the government will combine it with the criminal component.
(5) Each component of the Corps shall be independent of the other components by professional means.
The Air Force shall be associated with the Corps. Its internal organisation and relationship to the Corps will be governed by the Home Secretary's directives in agreement with the Minister of National Defence.
(1) The Minister of the Interior shall, as far as Slovakia is concerned, provide details of the organisation of the College, take account of the organisation of national security administrations and the division of the College into different components (§ 8 (4)); specify the professional designation of the individual components of the Corps according to their tasks and lay down the conditions for reassigning the members of the Corps from one component to another; establish, as appropriate, within the constituents, departments to perform specific tasks (departments with specific designation); they shall also determine how members of the Corps are to be trained and trained to perform the service on a professional basis and how the service is to be performed. The Minister of the Interior shall decide on the important issues of the organisation of the Corps, if they are relevant for the defence of the State, and how the members of the Corps are to be equipped and armed and how they are to be trained for military tasks.
(2) In order to establish the principles of the organisation of the Corps (paragraph 1), the Minister of Interior shall obtain the approval of the Government.
For temporary accommodation of members of the Corps in the event of their concentration, the rules on temporary accommodation of the army apply. The permanent accommodation of members of the Corps will be regulated by specific regulations. If this is not the case, the existing rules on the gendarmerie will apply accordingly.
Securing the involvement of the Corps in state defence.
The Ministry of the Interior will ensure, in agreement with the Ministry of National Defence, everything the Corps can do to prevent external danger to the state. To this end, a senior officer of the Czechoslovak army designated by the Ministry of National Defence is assigned to the Corps. In the case of armaments and the preparation of measures under Section 14, an army officer shall have the right to carry out occasional inspections of the necessary findings. However, he does not have the right to order, but only reports to the Ministry of National Defence about the defects he found for his shows. The Department of National Defense will then discuss the matter with the Ministry of Interior.
For the purpose of training in the field service of security and synergies with military commanders, members of the Corps shall be called upon by the Ministry of Defence in agreement with the Ministry of Interior, if the Security Service so permits, and shall be subject to military laws and regulations for the duration of the exercise.
In a state of security alert, part of the Corps members assigned to the field security service shall be transferred by agreement between the Ministry of Interior and the Ministry of National Defence under the direct command of the army.
The subordination of the Corps.
The Administrative Office of the First Stool National Security shall be the Head of the Department of the Corps, designated for the performance of the service exclusively within its perimeter; It is for him to manage and supervise the service of these departments. As regards the services of the Corps, intended for the performance of a service in several such districts, their superior authority shall be the competent national security authority. For services with a special purpose (§ 10 (1)) and for the safety aviation service, the government shall determine which higher national security authority is their head office.
(1) The College is subordinate to its superior office and senior administrative offices of national security in matters relating to the performance of its service and professional use.
(2) In the matters of training, teaching, discipline and control of the service, and in the matters of administrative, economic and accounting, the College shall be subordinate to its commanders and in the last instance to the Ministry of Interior.
(3) If there is a concern that public policy may be violated, the national security authorities may concentrate members of their constituencies on an endangered location and adjust their service as required by the circumstances.
(4) The use of services with special purpose for the performance of tasks other than those for which they have been set up shall be permitted only with the consent of the Government.
(1) The courts and public actions shall be entitled, as regards the exercise of the criminal jurisdiction of the courts, to request directly the services of the Corps. In other fields of competence, courts may seek the activities of the Corps only through national security administrations; In the same way, the activities of the Corps are requested by other civil and military authorities of the State as well as by the authorities of the Authority. Only if there is a danger of delay, members of the Corps shall be obliged to provide assistance for direct requests from those authorities and authorities and report the action carried out without delay to the competent national security authority.
(2) National Security Authorities shall determine when the College is to co-operate in national security tasks falling within the competence of local national committees. However, they ensure that the Security Service of the Corps does not suffer.
(1) Members of the Corps shall be required to execute the orders given to them without delay and without delay. Only if the order is manifestly contrary to the obligations assumed by the members of the Corps by oath, or if the order orders the execution of an act which is prohibited by a criminal law, after the order has been infringed by the provisions of Paragraph 16 (4), the members of the Corps, considering all circumstances, are to waive the execution of the order, but must report the case immediately to their headquarters.
(2) The authority that gave the order shall be responsible for the content of the order; Members of the Corps shall be responsible only for the precise implementation of the service under the applicable laws and regulations.
(3) Members of the Corps have the right to seek a written order even if it is not prescribed by law.
Legal status of members of the Corps in the performance of their duties.
(1) A member of the Service Corps shall have the statutory rights of civil guards and, if he is serving in uniform, military guards, but may use weapons, be careful only in the following cases:
1. In the event of necessary defence, to avert or threaten a violent attack against him or another person;
2. If a dangerous criminal against whom a member of the Corps is acting does not give up his call or is reluctant to leave his hiding place;
3. Unless otherwise, it is impossible to overcome the resistance to thwart his service;
4. to prevent the escape of a dangerous criminal who cannot be otherwise detained;
5. to avert a dangerous attack that threatens a guarded object, following a futile call to abandon the attack;
6. in the customs border zone for a state of increased threat to the Republic or of increased threat to the life, property or freedom of state citizens, declared in the Collection of Laws and Ordinance by the Minister of the Interior, where a person who does not stop after a re-challenge but who is on the run cannot otherwise be detained;
7. in the performance of air service, to force an aircraft to land which it disobeys or is not likely to comply with the landing call given in accordance with the applicable regulations;
8. In the performance of security services at border waters, in order to force a vessel to land which does not comply or is not likely to comply with the calls for landing given in accordance with the applicable regulations.
(2) If the members of the Corps, under the unified leadership and command of the Assembly and of the Groups and Groups, are involved in the use of arms, the relevant provisions for the military apply.
(3) Whenever a member of the Corps intervenes against someone in his service, he is to use the words "In the name of the law," if the circumstances allow. in such a case, everyone, even a military person, is obliged to obey his or her call, but can then complain about his or her actions. The provisions on the way in which a member of the Corps gives instructions and calls for specific services (e.g. traffic management or air service) remain without prejudice.
A member of the Corps shall have the right, in carrying out his / her duties, to request the cooperation of each public service authority, in particular the civil, other guards' corps and their members, local national committees and headquarters and military offices.
Addition of the Corps and dismissal of members.
(1) The staff of the Corps shall be supplemented by the acceptance, on a voluntary basis, of reporting candidates. The candidate shall be recruited first as a member of the Corps for the examination.
(2) Only those who may be admitted as a member of the Choir for examination
a) is at least five years of Czechoslovak State Citizen of Czech, Slovak or other Slavic nationality and is statetically and nationally reliable and morally upstanding;
(b) is self-employed and mentally competent;
(c) has exceeded 21 and has not yet reached 30 years of age;
(d) is a single or childless widower;
(e) is physically fit and has adequate height;
(f) it shall be demonstrated by an education such as that obtained at the local school;
(g) have military training, conduct military service with a weapon for at least the period laid down in the Defence Act for normal presence service.
(3) The Ministry of the Interior - in Slovakia by delegation - may waive the conditions referred to in paragraph 2 (c), (d) and (f).
(4) Women may also be admitted to the Corps. However, it is not a condition for the applicant to undergo prior military training. Other regulations on members of the Corps apply mutatis mutandis to women.
(5) In agreement with the Ministry of National Defence, the Ministry of the Interior may, for a period of temporary need, in particular in the case of mobilisation, supplement the Corps with military personnel, with the approval of the Government, regardless of whether they fully comply with the higher requirements.
(6) The condition of five years, referred to in paragraph 2 (a), does not apply to participants in the national exemption fight. The provisions of the Act of 8 April 1927, No. 54 Coll., on the placement of longer serving petty officers, as amended by the Act of 18 May 1938, No. 118 Coll., remain unaffected.
The officers of the Corps shall be added:
1. appointment from among the gayists of the Corps outside the service classes;
2. transfer of professional military officers in the rank of no more than a captain, unless there are sufficient eligible candidates from the GJSC for vacancies; This limitation does not apply to the appointment of the Chief Commander and his representative (§ 8 (2));
3. Receiving candidates with the rank of an officer in reserve meeting the general conditions (§ 21 (2)) and meeting the specific conditions for the provisions in the relevant category of service; the restriction referred to in No 2 shall apply mutatis mutandis.
(1) Each member of the Corps must serve two years for an examination and during that period have to carry out a professional examination before a commission, composed of officers of the Corps and officials of the Administrative Service of National Security. A representative of the National Security Administrative Office and a unified trade union organisation may be present for professional examinations. If the test is carried out later, the test period shall be extended by the period by which the test was later carried out.
(2) On entry, each member of the Corps must undertake a four-year mandatory service. The test period (paragraph 1) shall be included in it.
(3) The members of the Corps shall, at their entry into force, take an oath of service which they undertake to serve faithfully the Czechoslovak Republic and its Government according to the laws and regulations of their representatives. The text of the oath shall be laid down by the Government by regulation.
A member of the Corps shall be dismissed from the Corps:
1. if, during the service, it proves to be not eligible for the service;
2. If he becomes unfit for service without having acquired a pension;
3. if the court has recognised it, condemning it for a crime or offence, to a loss of rank;
4. has been recognised for his release in disciplinary proceedings;
5. Requests for release; before the end of the four-year mandatory service, the application may be granted only with the consent of the Ministry of the Interior (Slovakia), which shall grant it if there are serious reasons.
The status of members of the Corps.
A member of the Corps who is assigned to the Administrative Office of National Security shall therefore no longer be a member of the Corps.
Members of the Corps may be relocated only for important service reasons or at their own reasoned request, at the hearing of the Regional National Committee - Slovakia, following the comments of the Home Secretary - and the Staff Council. This provision shall not apply if members of the Corps have taken direct command of the army.
Members of the Corps may marry if they have received permission from the relevant headquarters.
(1) The Minister of the Interior, in Slovakia, an internal delegate according to its directives, provides which institution is a service and which is a personal office for members of the Corps.
(2) A member of the College may be promoted, appointed, officially transferred to retirement or dismissed (except for criminal or disciplinary proceedings) only after prior observations by the relevant Regional National Committee - the Slovak Home Officer - and after hearing the Staff Council. This provision shall not apply if members of the Corps have taken direct command of the army.
The other conditions of service, as well as the service and rest (provision) salaries of members of the Corps, in the case of survivors, shall be laid down in specific provisions. Until their issue, the current regulations on the gendarmerie apply mutatis mutandis in the Czech and Moravian-Silesian countries, in Slovakia regulations on members of the choir "National Security." Details may be laid down by government regulations. Also the service conditions, as well as the service and rest (provision) salaries of staff of the National Security Service (§ 4 (3)) will be governed by specific provisions.
Other executive security authorities.
Authorities and authorities entitled to exercise their powers in the field of national security (§ 2 (3)) may establish executive security forces only under statutory regulations.
(1) The local national committees cannot in future establish and maintain the Security Corps (Security Guard) for their general national security tasks. The right of local national committees to establish and maintain individual security authorities or security authorities (CACs) for specific tasks, as market supervisor, field and forest guards and such.
(2) Local national committees in municipalities in which members of the current municipal executive police are incorporated into the Corps under this Act (§ 6, par. 1, par. 2, par. (a)) are obliged to surrender to the State free of charge their equipment and equipment and to provide for adequate replacement of material equipment for reasonable rent in the use of the building and room, which on the date of entry into force of this Act were mainly intended for the official use of the competent authorities in their national security service.
(3) The Minister of the Interior may, in order to implement these provisions, lay down binding directives for local national committees, in respect of Slovakia, after having expressed the opinion of the Home Secretary.
Special national security tasks.
Criminal Service.
(1) The criminal service means the fight against crime, in particular investigations into criminal offences (preparatory proceedings according to criminal rules), other than those in the field of state security (§ 33).
(2) The Ministry of the Interior shall perform its tasks by a criminal central office established by the Ministry of the Interior as an executive. The criminal exchange provides the following tasks for the entire territory of the Czechoslovak Republic:
(a) lay down the principles governing the performance of criminal services;
(b) keep a central register;
(c) manage the identification and criminal technical service;
(d) provide international contact.
(3) A criminal exchange may take over individual cases from an executive criminal service for its own processing.
(4) For the respective areas of competence of the national committees, in Slovakia, the internal mandates will be set up within the framework of the regional headquarters (§ 8 (3)) of the Regional Criminal Office. Further organisation of the criminal component will be carried out within the framework of the organisation of the Corps (§ 10).
(5) For the executive service to carry out more important criminal tasks, national security administrations shall use primarily the criminal components of the Corps, but also other components if necessary.
State Security Service.
(1) The service of state security means securing the Czechoslovak Republic against attacks on its sovereignty, independence, integrity and democratic-Republican state form, security and defence, and ensuring the personal security of constitutional officials and defence against economic espionage. This includes, in particular, investigations into criminal offences in the field of justice (preparatory proceedings under the Code of Criminal Procedure).
(2) The Ministry of the Interior shall perform those tasks by the Central State Security Centre established by the Ministry of Interior as an executive.
(3) The National Security Centre may take over individual cases in the field of national security for its own processing.
(4) For the respective areas of competence of the national committees in Slovakia, the internal mandates will be set up within the regional headquarters (§ 8 (3)) of the Regional Office of State Security. Further organisation of the State Security Component will be carried out under the organisation of the Corps (§ 10).
(5) For the executive service in the performance of more important national security tasks, national security administrations use primarily the national security forces of the Corps, but other components, if necessary.
Intelligence.
The government shall adjust the organisation and performance of the intelligence service by means of a resolution.
Transitional and final provisions.
(1) The State Police Authorities are hereby repealed. Their competence shall be transferred, in accordance with the general rules, to the national security authorities of the first stools and to local national committees.
(2) In order to ensure transition to new legal conditions, the Minister of the Interior may order a transitional period for a certain national security office of the first stool to carry out, in whole or in part, the national security tasks which would otherwise be transferred to local national committees under the general rules (paragraph 1).
(3) The authorities and authorities of the law-enforcement, criminal and state security services set up in this Act shall be abolished if they do not comply with its provisions. The current organization of the intelligence service remains in force until the Government Resolution pursuant to § 34, and at the latest by the end of 1947.
(1) Persons who become members of the Corps pursuant to § 6 (1) and (2) and have not previously been discharged shall be deemed to have been engaged on the date on which they were admitted to the Security Corps. This service shall be counted as a representative service or military training to participants in the national exemption fight; The other members of the Corps shall be counted in this way only for service, similar to military service. The Minister of National Defence shall, in agreement with the Minister of Interior and with the approval of the Government, provide details for the implementation of this provision as well as the way in which the military training of such persons will be completed.
(2) Persons who become members of the Corps pursuant to Article 6 (1) and (2) are required to carry out the professional examination referred to in Article 23 (1) if they have not yet successfully passed a similar test in accordance with the existing regulations. The provisions of the Act of 18 July 1946, No. 164 Coll., on the care of military and war damages and victims of war and fascist persecution, and of the Act of 19 December 1946, No. 255 Coll., on members of the Czechoslovak army abroad and on some other participants in the national struggle for liberation remain unaffected.
(1) Provisions contrary to this law shall be repealed, in particular:
1. the following general organisational rules:
(a) the Act of 14 April 1920, No 299 Coll., on gendarmerie, as amended by the Act of 31 January 1928, No 28 Coll.;
(b) the provisions of Articles I, III and 18, paragraph 2 of the Government Decree of 6 March 1936, No 51 Coll., on the organisation of police administration and services and on certain other measures in the field of internal administration, and Articles II and 18, paragraph 1 of the same Government Regulation, provided that they contain specific provisions on national police administration;
2. the following provisions in force in Slovakia:
(a) the Government Order of 19 December 1930, No 195 Coll., on the formation of clandestines at the Security Guard Corps;
(b) the Law of 8 July 1942, No 149 of the Sm. z., on the renewal of the effectiveness of Sections 2 and 11 of the Law No 51 / 1936 Coll. and n.;
(c) the Law of 11 May 1944, No 48 of the SLA amending certain provisions of the Gendarmerie Act;
(d) Order of the Bureau of the Slovak National Council of 23 February 1945, No 6 SSR, on the dissolution of gendarmerie and police organisations and formations;
(e) Order of the Bureau of the Slovak National Council of 23 February 1945, No 7 SSR, on the organisation of the security service;
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Regulation Information
| Citation | Act No. 149 / 1947 Coll., on National Security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.08.1947 |
|---|---|
| Effective from | 23.08.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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