What is Act No. 173 / 2025 Coll.?

Act No. 173 / 2025 Coll., amending Act No. 300 / 2013 Coll., on Military Police and on the amendment of certain laws (Military Police Act), as amended, and certain other laws — Act amending Act No. 300 / 2013 Coll., on Military Police and on the amendment of certain laws (Act on Military Police), as amended, and certain other laws.

When it became Act No. 173 / 2025 Coll. effectiveness?

Act No. 173 / 2025 Coll. became effective 01.07.2025.

Is Act No. 173 / 2025 Coll. still valid?

Yes, Act No. 173 / 2025 Coll. is still valid and effective.

Act No. 173 / 2025 Coll. - Act amending Act No. 300 / 2013 Coll., o...

173

THE LAW

of 21 May 2025

amending Act No. 300 / 2013 Coll., on the Military Police and amending certain laws (Law on the Military Police), as amended, and certain other laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Military Police Act

Čl. I

Act No. 300 / 2013 Coll., on Military Police and amending certain laws (Act on Military Police), as amended by Act No. 204 / 2015 Coll., Act No. 45 / 2016 Coll., Act No. 47 / 2016 Coll., Act No. 250 / 2016 Coll., Act No. 104 / 2017 Coll., Act No. 183 / 2017 Coll., Act No. 111 / 2019 Coll., Act No. 130 / 2022 Coll., Act No. 18 / 2023 Coll. and Act No. 427 / 2023 Coll., is amended as follows:

1. In Part One of Title I:

"Status and jurisdiction of Military Police."

2.

„§ 1

Basic provisions

(1) Military police is a unified armed police force which is part of the Ministry of Defence ("Ministry of Defence"). The tasks of the Military Police shall be performed by military officers assigned to the Military Police.

(2) Military police carry out police protection tasks

(a) ministries, armed forces of the Czech Republic (hereinafter referred to as "armed forces"), protected persons and protected objects, military equipment and other property of the State with which the Ministry is responsible, unless otherwise provided for in this Act,

(b) the armed forces of another State in transit or residence on the territory of the Czech Republic (hereinafter referred to as "the armed forces of another State") and their material.

(3) A military officer may become

(a) a professional soldier in the Military Police; or

(b) a soldier in reserve called upon to serve in the Military Police.

(4) In the Military Police, employees are also engaged in an employment relationship. "

3. After Paragraph 1, the following Section 1a is inserted:

„§ 1a

Definition of certain terms

For the purposes of this Act:

(a) by examination of a person, an inspection of a natural person, including an inspection of his or her clothing uppers and items which he or she carries at the time of the inspection;

(b) a wanted soldier in active duty who is given one of the legal reasons to restrict his personal freedom, his whereabouts are unknown, and a search has been made by the police of the Czech Republic,

(c) a missing soldier, a soldier in active duty, who can reasonably be believed to be in danger of his life or health, his whereabouts unknown and a search has been made by the police of the Czech Republic,

(d) protected by the Minister for Defence and persons designated by him;

e) a protected object

1. the military object and space where it carries out its tasks of the armed forces, the armed forces of another State, the military intelligence or the military police,

2. the military object and space where the safety of the protected person is ensured; and

3. the object and space of particular importance for the performance of the police protection tasks of the Military Police, decided by the Government;

(f) weapons anything that can make an attack against the body stronger, unless otherwise provided by this law,

(g) by way of intervention, the use of force or the threat of its use in the implementation of an act involving direct enforcement or direct protection of rights;

(h) hazardous substances and explosive substances and explosive articles, poisons, narcotic drugs and psychotropic substances, other chemicals or articles intended to manufacture narcotic drugs and psychotropic substances or drug precursors. "

4. In Part One, the title of Title II, including the title, is deleted and the current title of Titles III to IX is renumbered as Titles II to VIII.

5. Under the heading of Section 2, the following heading is inserted:

"Definition of the territorial jurisdiction of the Military Police."

6.

„§ 3

Definition of the personal competence of the Military Police

Military police are acting against

(a) to soldiers in active duty, to members of the armed forces of another State or to civilian staff accompanying them (21) ("the soldier");

(b) persons who are in or near the protected building;

(c) persons suspected of committing or committing an offence or offence or conduct which has the characteristics of an offence, (hereinafter referred to as "offence,") in a protected object, an offence or offence against a soldier or, together with a soldier or against a military object, military material, material of the armed forces of another State or other property of the State with which the Ministry is responsible. "

7. Under the heading of Section 4, the following heading is inserted:

"Definition of the substantive competence of the Military Police."

8. In Article 4 (1), the introductory part of the provision reads as follows:

"In the performance of police protection tasks, the Military Police."

9. in Article 4 (1) (d) and (l), the words "taking part" shall be replaced by "taking part."

10. in Article 4 (1) (f), the words "the security of protected objects" shall be inserted after the words "the security of protected objects."

11. in Article 4 (1), the following points (g) and (h) are inserted after point (f):

"(g) oversees compliance with the prohibition on photography, filming, drawing or other recording of military objects, premises and equipment designated under the Act on the Protection of the Czech Republic;

(h) dispose of explosive devices, ammunition and explosives found in protected objects, ';

Points (g) to (o) shall be renumbered as points (i) to (q).

12. in Article 4 (1) (i):

"(i) oversees the safety of the operation of vehicles of the armed forces and other vehicles operated by the Ministry and vehicles of the armed forces of another State on the territory of the Czech Republic,."

13. in Article 4 (1), the following point (j) is inserted after point (i):

"(j) oversees the safety of the operation of means of transport in protected buildings,"

Points (j) to (q) shall be renumbered as points (k) to (r).

14. in Article 4 (1) (k), the words "armed forces" shall be inserted after the words "movements."

15. in Paragraph 4 (1), the words "drivers of vehicles of the armed forces" shall be added at the end of the text (l).

16. in Article 4 (1) (n):

"(n) ensures the safety of protected persons,"

17. in Paragraph 4 (3):

"(3) The use of the Military Police, in a state of state or state of war, shall be authorised by the Government, on a proposal from the Minister for Defence, within the framework of the operational plans, of the use of armed forces for state of state and state of war. ';

Article 18 (5) is deleted;

19. in Paragraph 6 (2), the word "professional" shall be deleted;

20. The following Section 6a is inserted after Section 6:

„§ 6a

The Government of the Czech Republic provides for the use of military police officers, their numbers and the manner in which they are called up to carry out the tasks of the Police of the Czech Republic under the special legislature13). "

21. In Paragraph 8 (1), the word "acquire," and the word "produce" shall be replaced by the word "produce."

22. in Paragraph 8, paragraph 2 is deleted;

Paragraphs 3 and 4 shall become paragraphs 2 and 3.

23. the following Sections 8a and 8b are inserted after Section 8, including the headings and footnotes No 23:

„§ 8a

Security, removal and destruction of the item

(1) Military police are entitled to ensure, or, where appropriate, to remove, in a protected object, if there are reasonable grounds for suspecting that such a matter constitutes an imminent serious threat to life, health, property or the environment, and if that threat cannot be prevented otherwise.

(2) If the threat referred to in paragraph 1 cannot be prevented by the detention or removal of the item, the Military Police shall be entitled to destroy the item or to temporarily deposit it until the time of destruction, in particular where it is reasonably suspected that it contains explosives.

(3) Unless a legal reason prevents it, the Military Police shall issue the case without undue delay to the person whose right to issue the case is not in doubt or shall inform the person entitled to take over the case. In doubt, the Military Police shall place the case in their custody and inform the person entitled to issue the case of the possibility of claiming extradition in civil matters.

(4) The security shall be forfeited to the State if the right to issue it is not exercised within 3 months of the guarantee or is not recovered within that period.

(5) The storage costs are borne by the person who took over the case. The obligation to pay may be waived if he proves that he has not committed an infringement of the law in connection with the security.

§ 8b

Electronic communications interference

(1) Military police may, in order to eliminate the immediate threat to the lives or health of persons, or to eliminate the imminent damage of a large scale to property, to the extent necessary and for the time required in the protected object,

(a) the operation of electronic communication equipment and networks;

(b) the provision of electronic communications services; or

(c) the operation of radio communications services.

(2) The Military Police shall immediately inform the Czech Telecommunications Authority (hereinafter referred to as the Office), the relevant operational and information centre of the Integrated Rescue System (hereinafter referred to as the Centre) and the National Office for Cyber and Information Security.

(3) Military police may also cancel training under paragraph 1, informing the Office, the Centre and the National Cyber and Information Security Office of such interference no later than 60 days before the start of the training. In order to eliminate or mitigate the effects of the reported interference, the Authority may lay down the conditions for such interference, including the obligation to inform, to the extent necessary, the public electronic communications network operator concerned and the provider of publicly available electronic communications services.

(4) The Military Police shall not inform the Military Police of the interference referred to in paragraph 1 if the provision of information could jeopardise the performance of the Military Police task; in that case, it shall provide the information after the reason for its failure to provide it has ceased.

(5) The House of Deputies of Parliament shall carry out the monitoring of the interference referred to in paragraphs 1 and 3 by means of a control body established under the Police Act of the Czech Republic (23).

(6) The inspection referred to in paragraph 5 shall be carried out by the inspection authority after prior notification by the Minister of Defence. The Minister of Defence shall submit to the inspection authority at least once a year a report on the interference referred to in paragraphs 1 and 3 and, at the latter's request, information on such interference. This is without prejudice to the right of the supervisory authority to request information and to participate in the proceedings of the supervisory authority from other persons.

23) Paragraph 98 (1) of Act No. 273 / 2008 Coll., as amended. '

24. In Article 9, at the end of paragraph 2, the dot is replaced by a comma and the following points (f) to (h) are added:

"(f) prohibit the driver from driving for an essential period of time, or order him to drive if the safety and continuity of traffic on and off the road so require, or any other public interest;

(g) hold the driver's licence of a vehicle of the armed forces; the Road Traffic Act applies mutatis mutandis for the retention of a driving licence;

(h) hold a certificate of technical licence for a vehicle of the armed forces. "

25. in Article 9 (3) (c), including footnote 24,

"(c) carry out a check of liability insurance for the operation of a vehicle in the Czech Republic under a special legislature24).

24) Paragraph 44 (1) and (2) of Act No. 30 / 2024 Coll., on insurance of liability from the operation of the vehicle. '

26. in Article 9 (4), the following point (b) is inserted after point (a):

"(b) to require the driver of the vehicle to undergo an examination under the Road Traffic Act as to whether it is affected by alcohol or any other substance;"

Points (b) to (e) shall be renumbered (c) to (f).

27. in Article 9 (4), the words "dimensions and weights" shall be added at the end of the text of point (c).

28. In Article 9, at the end of paragraph 4, the dot is replaced by a comma and the following points (g) and (h) are added:

"(g) prohibit the driver from driving for an essential period of time or order him to drive if the safety and continuity of traffic on and off the road, or any other public interest, so require;

(h) hold a driving licence; for the retention of a driving licence, the Road Traffic Act shall apply mutatis mutandis. ';

29. In Article 9, paragraphs 5 and 6 are added:

"(5) Military police oversee the safety of the operation of vehicles driven by soldiers. In carrying out this inspection, the military officer shall have the authority provided for in paragraph 4.

(6) Military police shall supervise compliance with road traffic rules in places where, at the initiative of the Ministry, local road traffic arrangements are carried out by means of transport signs. ';

30. The following Section 9a is inserted after Section 9, including the title:

„§ 9a

Approval of the technical competence of a military vehicle

(1) Military police approve the technical competence of a military vehicle, its components, equipment or accessories by issuing a certificate of technical competence of a military vehicle.

(2) The procedure shall be initiated at the request of a supplier of a military vehicle, which shall include, in addition to the general requirements of the application under the Administrative Code, data on a military vehicle to the extent that:

(a) a general technical description of the military vehicle;

(b) basic technical data on a military vehicle, including the determination of useful and total mass;

(c) the determination of the maximum design mass of the vehicle and the authorised axle load;

(d) a diagram of the electrical installation of a military vehicle;

(e) diagram of the braking system of a military vehicle;

(f) diagram of the air and hydraulic system of a military vehicle;

(g) the list of equipment and equipment and, where appropriate, the armaments of a military vehicle;

(h) a driver's manual containing instructions for use and maintenance;

(i) determined adjustment values for military vehicle components, steering geometry values;

(j) a copy of the approval protocols, certificates and certificates of each component of a military vehicle;

(k) a copy of the contract concluded on the basis of which supplies will be made to the Ministry;

(l) a description of the purpose of the use of the military vehicle; and

(m) a declaration of the quality and completeness of the product.

(3) The application referred to in paragraph 2 shall be processed in the Czech language as an electronic document. The application shall be submitted via a data box or on a portable technical medium. The requested data format of the documents submitted shall be published electronically by the Military Police on the Ministry's official record and on the Military Police website.

(4) Prior to the approval of the technical competence referred to in paragraph 1, a military vehicle shall be subjected to tests carried out by a testing laboratory authorised by the Ministry to operate in the field of testing of military vehicles (hereinafter referred to as "testing centre ').

(5) The supplier shall notify the Military Police of the modifications made to the vehicle during the tests. Military police may, at the request of the testing laboratory and of the results obtained during the tests, require the supplier of the military vehicle to carry out further partial tests by the test laboratory, including driving and operating tests, without which the test of the technical competence of the military vehicle cannot be completed and specify the conditions for their execution.

(6) The costs of carrying out the tests referred to in paragraphs 4 and 5 shall be borne by the supplier of the military vehicle.

(7) Tests for the approval of the technical competence of a military vehicle need not be carried out if an application is submitted to the Military Police for the recognition of a valid certificate of approval of a military vehicle issued by a Member State of the European Union, the North Atlantic Treaty Organisation, or another State under an international contract to which the Czech Republic is bound, and the documentation of a military vehicle, pursuant to the relevant regulations. The documentation shall be reviewed by the service.

(8) The request referred to in paragraphs 2, 3 and 7 shall be decided by the Military Police within 60 days. From the date of transmission of the application for the tests referred to in paragraphs 4 and 5 to the date of receipt of the test results and, where appropriate, during the review of the documentation referred to in paragraph 7, the period referred to in the first sentence shall not run. ';

31. in Article 12 (1), the words "basic register of public authority agendas and certain rights and obligations" shall be replaced by the words "basic register of agendas, public authorities, private users of data and certain rights and obligations (7), the register of real estate (25)," after the words "road vehicles (8)," the words "technical inspection information system (8)," and the words "central register of drivers" shall be inserted after the words "registers and registers kept by the Civil Aviation Authority (26) and databases conducted by the Czech Republic's Air Traffic Management Board, the Central Register of Arms."

footnotes 25 and 26 are as follows:

"25) Act No. 256 / 2013 Coll., on the Real Estate Register (cadastral law), as amended.

26) Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, as amended. '

32. Footnote 3 reads:

"(3) Act No. 269 / 2021 Coll., on Civil Documents, as amended."

33. In Section 22, the words "an act involving direct enforcement of a legal obligation or the direct protection of rights, using force or a threat of its use," are replaced by the words "intervention."

34. in Article 23 (1), the word "or" shall be deleted at the end of (a) and the following point (b) shall be added:

"(b) it is clear that the operation cannot be successfully completed,"

Point (b) shall be renumbered (c).

35. In Article 23, at the end of paragraph 1, the dot is replaced by "or 'and the following point (d) is added:

"(d) carry out or train and prepare for the use of the operational means of search under the conditions laid down in the Penal Code (27) or the supporting operational means referred to in Article 41 (2).

27) § 158b et seq. of Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended. '

36. In Paragraph 24, the sentence "Obligation to demonstrate military competence with the Military Police shall not be added at the end of paragraph 1. ';

37. In the first sentence of Paragraph 25 (1), the words "A military officer shall remain silent about the facts with which he has become acquainted" shall be replaced by the words "Military officer and employee shall remain silent about the facts with which they have become acquainted."

38. In the second sentence of Paragraph 25 (1), the words "or work 'shall be inserted after the words" Staff'.

39. In Article 25 (2), the words "and the staff member" shall be inserted after the word "policeman."

40. After Paragraph 25, the following Sections 25a and 25b are inserted:

„§ 25a

(1) A person limited to freedom by a military officer must not be subjected to torture or cruel, inhuman or degrading treatment and must not be treated in a manner which does not respect human dignity. A military officer who witnesses such treatment shall be obliged to take measures to prevent such treatment and to notify it to his superior without delay.

(2) A person limited to freedom by a military officer has the right to obtain legal assistance and to speak to a legal representative without the presence of a third party. In that case, the military officer shall provide the necessary assistance without delay to ensure legal assistance.

(3) A person under 15 years of age must have a legal representative from the first action against him, other than in a secret manner under the Law on the Judicial Affairs of the Youth or the Criminal Code, on the ground that it is ascertained and clarified whether he has committed an offence otherwise criminal.

(4) A person limited to freedom by the Military Police has the right to be treated or examined by a doctor of his choice; This does not apply to medical examinations to determine whether a person can be placed in or released from a police cell. Military police shall allow medical access to this person for treatment or examination.

§ 25b

Communication on restrictions on freedom

(1) At the request of a person whom she has restricted to freedom, the military police will inform a person close to her or another person designated by a person limited to freedom. In the case of a minor or a person whose incapacity has been restricted, he shall also inform the legal representative or guardian of his or her restriction of liberty and his or her reasons. In the case of a person under 15 years of age, he / she shall also inform the social protection body of the children and, in the case of minors, the foster care institution or the person to whom such a person has been brought into custody by decision of the court. The military police will make an announcement immediately.

(2) The notification referred to in paragraph 1 shall not be made by the Military Police if this would jeopardise the purpose of a serious act or if such notification would be accompanied by disproportionate difficulties. A person limited to freedom, or, where appropriate, the person or authority referred to in paragraph 1, in the second and third sentences, shall be informed of the failure to notify the Military Police, including the reason therefor; These facts are recorded by a military officer in an official record. The Military Police shall inform the local prosecutor without undue delay. The obstacle referred to in the first sentence may be applied only for the necessary period and the Military Police shall inform the person and, where appropriate, the authority referred to in paragraph 1 thereof as soon as it has ceased to exist. '.

41. in Article 26 (1), the words "or protected object" shall be inserted after the words "protected person."

42. In Paragraph 29 (1) (a), the words "and after the call for such action" shall be deleted.

43. In Paragraph 29 (1) (c), the words "or conduct having the characteristics of an offence" shall be deleted.

44. in Paragraph 29 (1) at the end of (c), the word "or" shall be deleted;

45. In Paragraph 29, at the end of paragraph 1, the dot is replaced by "or 'and the following point (e) is added:

"(e) it shall be presented in accordance with the criminal rules.";

46. in Paragraph 31 (2) (b):

Citation	Act No. 173 / 2025 Coll., amending Act No. 300 / 2013 Coll., on Military Police and on the amendment of certain laws (Military Police Act), as amended, and certain other laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	16.06.2025
Effective from	01.07.2025
Effective until	-
Status	Valid

Act No. 173 / 2025 Coll.

Act amending Act No. 300 / 2013 Coll., on Military Police and on the amendment of certain laws (Act on Military Police), as amended, and certain other laws

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