Act No. 18 / 2023 Coll.
Act amending Act No. 300 / 2013 Coll., on Military Police and on the amendment of certain laws (Act on Military Police), as amended
Valid
Effective from 07.02.2023
18
THE LAW
of 11 January 2023
amending Act No. 300 / 2013 Coll., on Military Police and amending certain laws (Law on Military Police), as amended
Parliament has decided on this law of the Czech Republic:
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. and Act No. 130 / 2022 Coll., are amended as follows:
1.
(1) Military police carry out police protection tasks
(a) the Ministry of Defence ("the Ministry"), the armed forces of the Czech Republic ("the armed forces"), military facilities, military equipment and other assets 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.
(2) Military police are part of the Ministry. '
2. Sections 2 and 3, including footnote 21, read:
(1) Military police in the performance of the tasks referred to in Article 1 operate in the territory of the Czech Republic, in the territory of another State or outside the national territory.
(2) A military officer carries out duties on the territory of another State
(a) under conditions, to the extent and in a manner laid down by an international agreement which forms part of the legal order (hereinafter referred to as the "international treaty"),
(b) in a foreign operation which the Czech Republic participates in following a decision of the international organisation of which it is a member; or
(c) by decision of the Minister of Defence,
1. at the request of the competent authority of another State; or
2. after the agreement of the competent authority of another State.
(3) In the territory of another State, a military officer may carry out tasks outside the organisational structure of the Military Police; This shall be without prejudice to his professional management by the Chief of Military Police.
(1) Military police are acting against:
(a) active-duty soldiers, members of the armed forces of another State or accompanying civilian staff21) ("the soldier");
(b) persons in the protected building; and
(c) persons suspected of committing or committing an offence or offence in a protected object, an offence or offence, together with a soldier or against a military object, military material, materials of the armed forces of another State or other property of the State with which the Ministry is responsible.
(2) For the purposes of this Act, a protected object referred to in paragraph 1 shall mean a military object or space where:
(a) carry out their duties as armed forces, armed forces of another State, Military Intelligence or Military Police;
(b) military exercises are carried out; or
(c) the safety of the protected person is ensured.
21) Article I (1) (b) of the Agreement between the Contracting Parties to the North Atlantic Treaty on the Statute of their Armed Forces, published under No 1 / 2002 Coll. '
3. in Article 4 (1) (c) and (d), including footnote 22:
"(c) seek out wanted or missing soldiers or lost or stolen military material or materials of the armed forces of another State, or other property of the State with which the Ministry is responsible;
(d) participate in the protection of military equipment, materials of the armed forces of another State and other property of the State with which the Ministry is responsible; at the request of the competent authority and at the decision of the Minister of Defence, it also contributes to the protection of other material, if this is necessary for the procedure under the Foreign Development Cooperation and Humanitarian Aid Act, crisis management or integrated rescue system22),
22) Act No. 151 / 2010 Coll., on Foreign Development Cooperation and Humanitarian Aid, and on the amendment of related laws, as amended by Act No. 484 / 2020 Coll. Act No. 239 / 2000 Coll., on Integrated Rescue System and on the amendment of certain laws, as amended. Act No. 240 / 2000 Coll., on crisis management and amending certain laws (Crisis Act), as amended. '
4. In Article 4 (1) (g), the words "vehicles of the armed forces of another State 'shall be inserted after the words" armed forces'.
5. in Article 4 (1) (h):
"(h) manage the operation of vehicles on the road in connection with the operation of vehicles of the armed forces or vehicles of the armed forces of another State on the road within the territory of the Czech Republic and ensure the protection and escort of the movements of the armed forces of another State in the territory of the Czech Republic."
6. In Paragraph 4 (1) (l), the words "the armed forces of the Czech Republic 'are replaced by the words" Military Police'.
7. In Article 4 (2), the words "which are part of the legal order (hereinafter referred to as the" international treaty ')' are deleted.
8. Paragraph 9 (1) and (2) reads as follows:
"(1) Military police shall supervise the safety and continuity of the operation of vehicles of the armed forces or vehicles of the armed forces of another State by:
(a) checks compliance with road traffic rules for the drivers of such vehicles;
(b) clarifies accidents and other incidents in traffic in which only those vehicles were involved, which did not cause damage to the property or health of a third party.
(2) When supervising the safety and continuity of the operation of vehicles of the armed forces or vehicles of the armed forces of another State, a military officer shall be entitled to:
(a) invite the person training drivers of vehicles of the armed forces or vehicles of the armed forces of another State and the driver of a vehicle of the armed forces or of the armed forces of another State to undergo an examination under the Road Traffic Act to determine whether they are affected by alcohol or other addictive substances;
(b) to invite the driver of a vehicle of the armed forces or of a vehicle of the armed forces of another State to demonstrate its identity and to provide for inspection documents authorising it to drive and operate the vehicle;
(c) invite the driver of a vehicle of the armed forces or of a vehicle of the armed forces of another State to undergo a check of the technical condition, dimensions and mass of the vehicle or combination;
(d) measure the speed of vehicles of the armed forces or vehicles of the armed forces of another State;
(e) prevent drivers of a vehicle of the armed forces or of a vehicle of the armed forces of another State from driving by using a technical means to prevent the vehicle leaving or to tow the vehicle under the conditions laid down in the Road Traffic Act. ';
9. In Paragraph 35 (1), the words "or vehicle of the armed forces of another State 'shall be inserted after the words" the armed forces'.
Efficacy
This Act shall take effect on the 15th day following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 18 / 2023 Coll., amending Act No. 300 / 2013 Coll., on Military Police and on the amendment of certain laws (Act on Military Police), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.01.2023 |
|---|---|
| Effective from | 07.02.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 309
The regulation text is for informational purposes only.
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