What is Full text of Act No. 17 / 1994 Coll.?

Full text of Act No. 17 / 1994 Coll., Act of the Czech National Council on the Police of the Czech Republic (full text as shown by later amendments and additions) — Act of the Czech National Council on the Police of the Czech Republic (full text as follows from later amendments and additions).

When it became Full text of Act No. 17 / 1994 Coll. effectiveness?

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Is Full text of Act No. 17 / 1994 Coll. still valid?

Yes, Full text of Act No. 17 / 1994 Coll. is still valid and effective.

Full text of Act No. 17 / 1994 Coll. - Act of the Czech National Council on the...

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Announces

the full text of the Act of the Czech National Council on Police of the Czech Republic, of 21 June 1991 No 283 Coll., as follows from the amendments made by the Act of the Czech National Council of 21 December 1992 No 26 / 1993 Coll., by the Act of 27 January 1993 No 67 Coll., by the Act of 20 May 1993 No 163 Coll. and by the Act of 8 December 1993 No 326 Coll.

THE LAW

Czech National Council

o Police of the Czech Republic

The Czech National Council decided on this law:

§ 1

Preliminary provisions

(1) An armed security corps of the Czech Republic called the Police of the Czech Republic ("the police") is hereby established.

(2) The police are an armed security corps which perform tasks in matters of internal order and security to the extent defined by constitutional laws, laws and other generally binding legislation.

(3) In carrying out its tasks, the police cooperate with international organisations and police institutions and with the security forces of other States.

(4) The tasks referred to in paragraph 2 shall be carried out by members of the police ("police officers").

HLAVA PRVNÍ

TASKS, ORGANISATION AND MANAGEMENT OF POLICE

§ 2

Tasks of the police

(1) The following tasks are carried out by the police:

(a) protect the safety of persons and property;

(b) cooperate in ensuring public order and, if it has been infringed, take measures to restore it;

(c) conduct the fight against terrorism;

(d) identify the offences and identify their perpetrators;

(e) conduct investigations into criminal offences;

(f) ensure the protection of national borders to the extent specified;

g) ensure the protection of constitutional officials of the Czech Republic and the safety of protected persons who are granted personal protection under international agreements when they reside in the Czech Republic;

(h) ensure the protection of representative offices, the protection of Parliament's residential buildings, unless otherwise provided by the law, the President of the Republic, the Constitutional Court, the Ministry of Foreign Affairs, the Ministry of Interior and other objects of particular importance for internal order and security, as determined by the Government on a proposal from the Minister of Interior; it also ensures the protection of objects for which such protection results from an international agreement binding on the Czech Republic;

(i) oversee the safety and continuity of road traffic and co-operate in its management;

(j) to detect offences and, where a special law so provides, (1) to clarify offences;

(k) to deal with offences where the special law so provides; 2)

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

(m) declare a national search; be entitled to disclose the data necessary to identify the wanted persons;

(n) by informing the authorities of the Prison Service of the Czech Republic, carry out acts related to the immediate persecution of persons who have escaped from the exercise of custody or from the execution of a prison sentence;

(o) detain and co-operate in search of persons with an ordered constitutional or imposed protective education.

(2) The police also perform the tasks of the State Administration, if provided for in a separate legislature.3) The Ministry of Interior of the Czech Republic (hereinafter referred to as "the Ministry") may entrust the police with the performance of the tasks of the State Administration in respect of travel documents and residence of foreigners and refugees, imposed by the generally binding legislation of the Ministry.

(3) The police also perform the tasks of ensuring local public order issues imposed on them by the competent authorities of the municipalities under the conditions laid down in the specific regulations.4)

(4) The task of detecting and detecting crimes committed by police officers is carried out by the Ministry of Inspection, hereinafter referred to as the "Inspection Service," directly controlled by the Minister of Interior (hereinafter referred to as the "Minister").

§ 3

Organisation and management of police

(1) The police are subordinate to the Ministry.

(2) The police are the Police Presidium of the Czech Republic, departments with competence throughout the Czech Republic and departments with territorial scope. The police department is setting up a minister on a proposal from the police president.

(3) The police have a police service, a criminal police service, a traffic police service, a protective service, a police service for the detection of corruption and serious economic crime, a foreign and border police service, a rapid deployment service, a railway police service and an air service.

(4) Police activities in the performance of tasks under this Act are governed by the Police Presidium of the Czech Republic, unless otherwise provided for in this Act.

(5) The President is the head of the Czech Police Presidium; the police president shall be the head of all police officers, except those called upon to carry out duties in the Ministry or in the investigation services.

(6) The Police President is appointed and dismissed by the Minister with the consent of the Government of the Czech Republic. The Police President shall be responsible for the activities of the Police to the Minister.

(7) The head of the services referred to in paragraph 3 and head of the Protection Service, which provides protection for the President of the Czech Republic and protection for the premises in which the President of the Czech Republic resides, are directors.

(8) The Director of Services shall be appointed and removed by the Police President; The Head of the Protection Service referred to in paragraph 7 shall be appointed and dismissed by the Minister with the agreement of the President of the Czech Republic.

(9) The Minister, acting on a proposal from the President of the Police, provides for a closer regulation of the police organisation, in particular the management of police services and services, the synergies between them and the means of economic security.

HLAVA DRUHÁ

INVESTIGATIONS OF POLICE AND INVESTIGATIONS

§ 4

(1) The Minister shall appoint the investigators of the police ("investigators"); the terms of appointment shall be laid down in a special law. 5)

(2) Investigators are bound only by constitutional, law and other generally binding law and, to the extent provided for by the Code of Criminal Procedure, by the State's Attorney's instructions in matters they investigate. In other matters relating to the performance of duty in the police, investigators shall be subordinate to the Head of Investigation.

(3) Investigators shall be entitled to require the services of the police, in accordance with the laws and other generally binding legislation, in matters which they investigate, to carry out the tasks necessary for the investigation which, in view of their nature, cannot be ensured by themselves. Police services are required to comply with these requirements.

§ 5

(1) The services of the investigation are set up and managed by the Ministry. As a rule, the territorial scope of these departments coincides with the territorial competence of the competent authorities of the public prosecutor and courts.

(2) The Minister calls on investigators to perform their duties in the investigation services.

HLAVA TŘETÍ

OBLIGATIONS, LEGISLATION AND ENVIRONMENT OF THE POLICE

ODDÍL PRVNÍ

OBLIGATIONS OF THE POLICE

§ 6

(1) In carrying out the duties and duties of a police officer, he shall ensure the honour, dignity and dignity of the persons concerned and shall not allow the persons in connection with such activities to be harmed unfairly and any interference with their rights and freedoms has exceeded the degree necessary to achieve the purpose pursued by the action or act of service.

(2) The police officer is obliged to instruct them about their rights when carrying out the service and the service connected with the interference in the rights or freedoms of persons, where the nature and circumstances of the service or service so permit; otherwise it shall instruct them retrospectively.

§ 7

(1) Within the limits of this law, a police officer shall be required to carry out the service, the service or any other measures necessary for the performance of the service or the service, in particular to notify the nearest police department if a criminal offence or offence is committed or if there are reasonable grounds for suspecting it to be committed.

(2) Even in the absence of service, a police officer is obliged, within the limits of this law, to carry out a service operation, or to take other measures to carry out the service, in particular to notify the nearest police department when a criminal offence or offence is committed which is at imminent risk of life, health or property.

§ 8

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

(a) is under the influence of medicines or other substances which seriously reduce its ability to act;

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

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

§ 9

(1) A police officer is obliged, where the nature and circumstances of the operation so permit, to make use of appropriate calls when carrying out the work.

(2) If the nature of the procedure so permits, the policeman will use the words "Name of the Law!."

(3) Everyone is obliged to comply with the call of the intervening officer.

§ 10

(1) A police officer shall, in the exercise of his authority, demonstrate his / her competence with the police, where the nature and circumstances of the service or service so permit.

(2) The police officer shall be able to prove his competence to the police by means of a service uniform with an identification number, a service pass, a badge of service to the criminal police or an oral statement "police."

(3) By oral declaration "police", the police officer proves his / her competence to the police only in exceptional cases where the circumstances of the procedure do not allow the latter to demonstrate that competence by means of a service uniform, a service pass or a badge of a criminal police service. A police officer shall be able to prove, by means of a service uniform, a service pass or a badge of a criminal police service, as soon as the circumstances of the service or service permit.

§ 11

The Ministry provides for generally binding legislation details

(a) when a policeman is not obliged to carry out a service, where an important interest in the service is prevented;

(b) the demonstration of belonging to the police.

ODDÍL DRUHÝ

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§ 12

Authorisation to request clarification

(1) A police officer is entitled to request the necessary explanations from a person who may contribute to the clarification of the facts relevant to the detection of a criminal offence or offence and their perpetrators, as well as to the detection of wanted or missing persons and items, and, if necessary, to invite him to appear at a designated point of time to draw up an explanation report. When detecting serious crime, the person shall comply immediately.

(2) The person shall comply with the call referred to in paragraph 1.

(3) An explanation can only be denied by a person who would, by him, or his relative in a direct generation, his siblings, the adopter, the adopter, the spouse or the species, or by any other person in a family or similar relationship whose harm he would rightly have felt as harm to his own, cause a risk of criminal prosecution or a risk of punishment for an offence.

(4) An explanation may not be required from a person who would infringe the obligation of confidentiality imposed by the State or recognised by the State unless that obligation has been waived by the competent authority or by the person in whose interest it is obliged.

(5) The officer shall be obliged to inform the person in advance of the possibility of refusing an explanation under paragraphs 3 and 4.

(6) Those who come to the call shall be entitled to reimbursement of the necessary expenses and to reimbursement of the loss of earnings ("compensation '). Police provide the replacement. The right to compensation shall not be granted to those who appear only in their own interests or for their infringement.

(7) The right to reimbursement referred to in paragraph 6 shall cease if it is not exercised by the person within seven days of the date on which he arrived at the call referred to in paragraph 1; a person must be instructed about this.

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

(9) The statement of explanation shall be drawn up with the person without undue delay after his presentation; After he's written down, the police will release the person.

(10) A police officer shall make an official record of the demonstration.

§ 13

Authorisation to require proof of identity

(1) Proof of identity means proof of the name and surname, date of birth and permanent or temporary residence of the person. The reason for identification shall determine the level of reliability with which the findings are made.

(2) The officer is entitled to invite a person,

(a) caught committing a criminal offence or offence;

(b) from which an explanation is required pursuant to Article 12 (1);

(c) which corresponds to the description of the wanted or missing person,

(d) which is unreasonably present in the immediate vicinity of protected objects or near national borders;

(e) which has a weapon in place which is open to the public (§ 17 (2)) and is reasonable to suspect that the weapon may be used for violence or threat to violence;

(f) staying close to the place where the offence was committed, the accident, the fire or any other incident;

to demonstrate its identity; the person is obliged to comply with the call.

(3) The police officer is also entitled to invite a person to prove his identity,

(a) to be presented at the request of the competent authority in accordance with specific provisions, 5a)

(b) which is the notifier, 5b)

(c) at the request of another person, where that person has a legal interest in identifying the identity and the person requesting proof of identity;

the person is obliged to comply with the call.

(4) Where a missing person has been identified by evidence of identity, the officer shall inform the person who notified the missing person and, where appropriate, forward it to the competent authority or legal representative.

(5) Where a person referred to in paragraph 2 and paragraph 3 (a) refuses to demonstrate his identity or cannot prove his identity even after the necessary synergies have been provided to prove his identity, the officer shall be entitled to bring such person to carry out his duties in order to establish his identity and to clarify the matter properly. The provision of the necessary synergies is not necessary if, when identifying multiple persons at the same time, the purpose of the operation or operation is thwarted. Once the identity has been established, the police will release the person brought in, unless legal reasons prevent it.

(6) A police officer shall also be entitled to bring in a person caught committing an offence for the period strictly necessary for the performance of his duties, but no later than 24 hours, if there is a reasonable concern that the person will continue or thwart proper clarification of the matter; when informed of this fact, the police officer shall proceed mutatis mutandis in accordance with Paragraph 14 (4).

(7) If the officer cannot establish the identity of the person presented in accordance with paragraph 5 on the basis of the data communicated or in the population records, he shall be entitled to invite that person to undergo the necessary service operations, such as the scanning of dactyloscopic prints, the making of visual records, 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.

(8) If the officer does not identify the person within 24 hours of the demonstration, he shall be obliged to release the person.

(9) A police officer shall make an official record of the demonstration and the conduct of the service.

§ 14

Security

(1) The officer is hereby authorised to provide the person who:

(a) directly endangers the life or health or health of other persons or property by acting;

(b) attempt to escape the demonstration provided for in paragraphs 8 and 13;

(c) in the police department, he verbally insults another person or officer or intentionally pollutes or harms equipment or police property;

(d) have been caught committing a crime;

(e) on the basis of criminally identifiable information, it is suspected of preparing, attempting or committing a crime.

(2) If the reasons for the detention are omitted, the officer must release the person immediately.

(3) Security may take no more than 24 hours from the time of restrictions on personal freedom.

(4) After the detention, the police officer shall, at the request of the person secured, inform one of the persons referred to in Paragraph 12 (3) or another of the persons designated by him. In the case of a person under 18 years of age, the officer shall immediately notify the legal representative of that person. If it's a soldier, the officer must notify the nearest crew or military unit.

(5) An official record of the security shall be drawn up by the officer.

§ 15

Security due to termination or expulsion

(1) Where the person concerned has committed an act for which his or her stay in the Czech Republic may be terminated or for which he or she may be expelled, (6) a police officer shall be entitled to provide him or her for the period strictly necessary for the purpose of transmission to the competent authority which decides to terminate or expel.

(2) The police officer is also authorised to secure a person,

(a) which is to be expelled under an enforceable decision; or

(b) the expulsion of which has been brought and there is reason to believe that the person concerned will not be subject to the expulsion decision or to impede the enforcement of that decision; or

(c) which can reasonably be considered to have entered or residing illegally in the territory of the Czech Republic and the expulsion procedure could not be initiated because its identity could not be established.

(3) The security referred to in paragraph 1 may last a maximum of 24 hours and the collateral referred to in paragraph 2 not more than 30 days from the time of the restriction of liberty.

§ 16

Authorisation to restrict the movement of aggressive persons

(1) A person who physically attacks another person or officer or damages foreign property or tries to escape may be limited to the possibility of free movement by handcuffing to an appropriate subject.

(2) The restriction of free movement may take no more than two hours before a person withdraws or is placed in a police cell.

§ 17

Authorisation to withdraw a weapon

(1) A police officer is entitled to make sure that a person who is demonstrated or secured or opposed by a professional intervention because of his aggressive behaviour does not carry a weapon which could endanger his or her life or health or the life and health of other persons and take it away.

(2) A police officer shall be entitled, following a previous futile call for the issue of a weapon, to withdraw a weapon from a person in a place which is open to the public, if necessary in order to protect public order, the life and health of persons or the safety of property, and if there is a risk that the weapon may be used for violence or threat by force. The person who issued the weapon or to whom the weapon was taken, the police officer shall issue a receipt.

(3) Weapons referred to in paragraphs 1 and 2 shall mean anything that makes an attack against the body more severe. 7)

(4) The recovered weapon referred to in paragraph 1 shall be returned by the officer against the signature when the person presented or secured is released. This does not apply if they prevent the return of a weapon for legal reasons. A police officer will issue a certificate to the person who was taken away.

(5) If the reasons for the withdrawal of the weapon referred to in paragraph 2 have ceased to exist and the other legal grounds have not prevented it, the weapon shall be returned to the person who issued it or to whom it has been withdrawn if the person has registered for the return of the weapon with the police department indicated in the receipt certificate.

§ 18

Authorisation to search means of transport

(1) In the pursuit of the perpetrators of one of the particularly serious intentional offences (8) or of other intentional offences which the declared international treaty obliges to prosecute, and in the search for such perpetrators and things originating in or related to those offences, the police officer is entitled to examine the means of transport, whether those perpetrators or cases are not present.

(2) In the search for wanted persons, weapons, ammunition, explosives, narcotic drugs or stolen goods, officers shall be entitled to see if the wanted person or item is in the means of transport if there is reasonable suspicion that this is the case.

§ 19

Authorisations for the security of protected persons

(1) In ensuring the safety of protected persons who are granted personal protection under specific regulations and international agreements, the officer in the service of protection of constitutional officials shall be entitled to inspect persons, baggage, goods, means of transport located in an area from which the safety of the protected person may be compromised.

(2) A search of persons shall only be authorised by a police officer if such persons do not leave the premises immediately or if there is a risk of delay.

(3) To search the premises, a policeman must have permission from the owner or user. Without the said permission, the officer shall be entitled to carry out the inspection only 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.

§ 20

Authorisation to prohibit entry into designated places

Where this requires effective security of the performance of the tasks set out in this law, the officer shall be entitled to order everyone not to enter or stay in designated places for the necessary time. Everyone is obliged to obey a police officer's orders. Technical means may be used to indicate or define the designated place.

§ 20a

Authorisation to hold dangerous substances

The officer designated for this purpose is entitled to hold, store and use certain dangerous substances and things for the purposes of teaching, training, testing, expert activities, etc. Such substances include, in particular, explosives, explosive articles, narcotic drugs, psychotropic substances, poisons which are regulated by specific regulations, 8a) counterfeit money, stamps and securities.

§ 20b

Authorisations for civil aviation safety

(1) In ensuring the safety of civil aviation against terrorist attacks, the officer shall be entitled to inspect persons and baggage, as well as to inspect aircraft, in order to determine whether a passenger is transporting a thing that could be used for a terrorist attack.

(2) The items referred to in paragraph 1 are, in particular, firearms of firearms, stabbings, cuttings, explosives, explosive articles, corrosives.

§ 20c

Authorisation for ensuring the protection of national borders

In ensuring the protection of national borders, a police officer shall be entitled to carry out checks on travel documents of persons crossing national borders and, in the event of a reasonable suspicion of a criminal offence or of an offence relating to crossing national borders, to inspect a person, baggage and means of transport.

§ 20d

Authorisation to enter business premises

In carrying out the duties of the police, a police officer shall be entitled to enter all premises intended for customers in business establishments 8b. At the end of their sales or operating period, it is entitled to do so if it is reasonable to assume that persons are present in these premises. This is without prejudice to the provisions of Paragraph 21 as regards the entry into an apartment or other enclosed space.

§ 20e

Authorisations for the safety of rail transport

A railway police officer shall be entitled to carry out tasks under this law:

(a) in connection with the search for the wanted shipments, make sure that the item is not in the means of transport or in the warehouses or other premises of the national rail operator and of the lifts located in the circumference of the runway;

(b) for free transport by national rail, including trains intended exclusively for international transport, local trains, including the transport of a service dog, for driving at the driver's station, in the service wagon and in the freight train, as well as for the free use of the ČD communication equipment, and for entering the dedicated premises of the premises and facilities, means of transport and other premises of the operator of the national rail and of the lifts located in the railway circuit.

§ 21

Authorisation to open an apartment or other enclosed space

(1) If there is a reasonable concern that the life or health of a person is at risk or there is greater damage to property, the officer shall be entitled to open an apartment or other enclosed space (hereinafter referred to as "the apartment '), enter it and carry out the necessary service operations, work or other measures to avert the immediate danger in accordance with this law.

(2) The authorisations referred to in paragraph 1 shall also be granted to the police officer where there are reasonable grounds for suspecting a corpse in the apartment.

(3) In carrying out the service operations, operations or other measures referred to in paragraphs 1 and 2, the officer shall be obliged to ensure the presence of a non-participating person; it does not have to do so if there is a risk of delay.

(4) After carrying out the service, service or other measure referred to in paragraph 1, the police officer shall be obliged to notify the user of the apartment without delay and to ensure the security of the apartment, unless the user or other authorised person can do so.

(5) An official record of the opening of the apartment and the measures taken will be drawn up by the policeman.

§ 22

Authorisations for the supervision and management of road traffic safety and continuity

(1) The authorisation of a police officer shall be subject to a special rule when supervising the safety and fluidity of road traffic. 9)

(2) Everyone is obliged to follow the instructions of the police officer issued during the supervision and management of road safety and continuity.

§ 22a

(1) A police officer is entitled to use technical means to prevent the departure of a vehicle in the event that the vehicle has been left in the place where the vehicle is prohibited and its driver has not been detected on the spot.

(2) Technical means to prevent the departure of a vehicle may be used in accordance with paragraph 1 only if continuous conditions for their removal are ensured.

(3) The technical means of preventing the departure of a vehicle shall be removed without undue delay after the infringement has been dealt with in the block procedure or after the identification of the driver who left the vehicle at the prohibited location has been identified or after the operations necessary to establish the identity of such person.

Citation	Full text of Act No. 17 / 1994 Coll., Act of the Czech National Council on the Police of the Czech Republic (full text as shown by later amendments and additions)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	04.02.1994
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 17 / 1994 Coll.

Act of the Czech National Council on the Police of the Czech Republic (full text as follows from later amendments and additions)

Contents

§ 1