Act No. 197 / 2010 Coll.
Act amending Act No. 329 / 1999 Coll., on Travel Documents and Amendment to Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on Travel Documents), as amended, and Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended
Valid
Law
Effective from 01.01.2011
197
THE LAW
of 20 May 2010
amending Act No. 329 / 1999 Coll., on travel documents and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on travel documents), as amended, and Act No. 141 / 1961 Coll., on criminal proceedings (Criminal Code), as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Travel Documents Act
Act No. 329 / 1999 Coll., on Travel Documents and Amendment to Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on Travel Documents), as amended, as amended, Act No. 217 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 539 / 2004 Coll., Act No. 559 / 2004 Coll., Act No. 136 / 2006 Coll., Act No. 106 / 2007 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 140 / 2008 Coll., Act No. 274 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 197 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll.
1. In Article 3 (1), the third sentence is deleted.
2. In the first sentence of Article 5 (4), "6 'is replaced by" 12'.
3. in Article 5 (5) (a), the words "and the technical method of registration of citizens under 10 years of age in the travel document of the parent," shall be deleted;
4. Paragraph 7 (1) reads as follows:
"(1) (3) the academic title, the state title or any other title of the university graduate, 3a) the term" professor "or" professor "3b) (hereinafter referred to as" title ") or the scientific rank; 4) the title or scientific rank shall be given in abbreviation if it is provided for by a special legislation."
5. In Article 9 (1), the words "and the record of the number of children accompanying their parents when they are entered in his travel document 'are deleted.
6. Paragraph 10 (1) and (2) reads as follows:
"(1) The travel document may change the date of validity of the travel document if this travel document is the travel document.
(2) The travel document may be supplemented by title or scientific grade data. "
7. In Article 10 (4), the words "and the addition of the particulars referred to in paragraph 2 (a) 'are deleted.
8. In Paragraph 12 (1), the words "the scope, the scope, the term" the scope, "the words" and in the cities of Brno, Ostrava and Pilsen of the Magistrates of these cities "are replaced by the words" the competent. "
9. Paragraph 12 (3) is deleted.
10. In Article 19 (2), the words ", travel licence 'are deleted.
11. in Article 20 (4), the words "Article 15 (1)" shall be inserted after the words "the performance of tasks under";
12.
(1) The issuing of a travel document shall be refused by the authority responsible for issuing it to the citizen if it has been imposed under special legislation (14) a restriction on the prohibition of travel abroad.
(2) The withdrawal of a travel document is decided in criminal proceedings under special legislation14). '
13. footnote 13b is deleted;
14. Sections 24 and 25 are deleted.
15. In Section 26, the words ", amendments or additions to the particulars in this document shall be made or the travel document withdrawn shall be returned 'shall be replaced by" or amendments or additions to the particulars in this document'.
16. in Article 29 (2) (b) (10), the words "(a)" shall be deleted;
17. in Paragraph 29 (2) (b), point 11 shall be deleted;
Point 12 is renumbered point 11.
18. in Paragraph 29 (2) (e):
"(e) the restriction of travel abroad:
1. the designation of the authority which has imposed restrictions on the prohibition of travel abroad;
2. the type and number of the travel document issued to or withdrawn by the authority referred to in point 1 by that authority under special legislature14), the date of issue or withdrawal of the travel document,
3. the date of refusal of the travel document,
4. the name and, where appropriate, the name, surname and birth number of the citizen to whom the restriction of travel abroad is related; ';
19. in Paragraph 29 (2), point (f) is deleted;
Points (g) and (h) shall be renumbered as points (f) and (g).
20. Paragraph 29 (5) reads:
"(5) The particulars referred to in paragraph 2 (b) and (d) and paragraph 3 shall be kept for a period of 15 years from the expiry of the travel document and those referred to in paragraph 2 (a). (e) shall be kept for the duration of the restriction on travel abroad.";
21. in Article 29a (2) (b) (10), the words "(a)" shall be deleted;
22. in Article 29a (2) (b), point 11 shall be deleted;
23. in Article 29a (2) (e):
"(e) the restriction of travel abroad:
1. the designation of the authority which has imposed restrictions on the prohibition of travel abroad;
2. the type and number of the travel document issued to or withdrawn by the authority referred to in point 1 by that authority under special legislature14), the date of issue or withdrawal of the travel document,
3. the date of refusal of the travel document,
4. the name and, where appropriate, the name, surname and birth number of the citizen to whom the restriction of travel abroad is related; ';
24. in Article 29a (2), point (f) is deleted;
Points (g) and (h) shall be renumbered as points (f) and (g).
25. in Paragraph 29a (4):
"(4) The particulars referred to in paragraph 2 (b) and (d) and paragraph 3 shall be kept for a period of 15 years from the expiry of the diplomatic or service passport and those referred to in paragraph 2 (a). (e) shall be kept for the duration of the restriction on travel abroad.";
26. in Paragraph 30 (4), the comma shall be replaced by a dot at the end of point (j) and point (k) shall be deleted;
27th Paragraph 30 (5) reads:
"(5) For the purposes of exercising their powers, the data referred to in Article 29 (2) (e) and Article 29a (2) (e) may be used by authorities which are entitled under this law to refuse the issue of a travel document or by authorities which, under special legislature14, may impose restrictions on the prohibition of travel abroad. '
28. In the second sentence of Paragraph 30a (1), "(g) 'is replaced by" (f)'.
29. in Paragraph 31 (1) (c), the word "withdrawal" is replaced by "refusal of extradition."
30. Paragraph 33 (3) reads:
"(3) The authority responsible for issuing the travel document shall return the travel document to the holder within 15 days of receipt of the travel document if the travel document has not expired. If a decision has been taken to impose restrictions on travel abroad under special legislation (14), the authority responsible for issuing the travel document shall immediately send it to the criminal authority responsible for withdrawing it. '
31. in Paragraph 34 (2):
"(2) The authority responsible for issuing the travel document shall return the travel document to the holder within 15 days of its retention, unless the travel document has expired. If a decision has been taken to impose restrictions on travel abroad under special legislation (14), the authority responsible for issuing the travel document shall immediately send it to the criminal authority responsible for withdrawing it. '
Transitional provisions
1. If a citizen's registration in the travel document has been carried out by his parents before 1 July 2011, that citizen may, after that date, cross the border without his own travel document with the parent in whose travel document he is entered by 26 June 2012 at the latest. The entry of a citizen in the travel document of his parent, which was carried out before 1 July 2011, shall expire on 26 June 2012.
2. Procedures for the withdrawal of the issued travel document, initiated pursuant to § 23 (a) or (b) of Act No. 329 / 1999 Coll., as effective by the date of entry into force of this act, shall be suspended by the competent administrative authority and the detained travel document returned to the citizen.
3. If an application has been made to refuse the issue of a travel document pursuant to § 23 (a) or (b) of Act No. 329 / 1999 Coll., as effective by the date of entry into force of this Act, the competent administrative authority shall not take that requirement into account. Where a decision has been final to refuse the issue of a travel document on the basis of a request pursuant to § 23 (a) or (b) of Act No. 329 / 1999 Coll., as amended by the date of entry into force of this Act, that decision shall not be taken into account after the date of entry into force of this Act.
4. The procedure for the withdrawal of the issued travel document initiated pursuant to § 23 (c) or (d) of Act No. 329 / 1999 Coll., as effective by the date of entry into force of this Act, shall be suspended by the competent administrative authority for the period until 1 March 2011. If the competent administrative authority receives within the period specified in the first sentence of the first copy of the resolution which has been decided to impose a restriction on travel abroad, the detained travel document shall immediately send to the criminal authority responsible for withdrawing it and shall stop the proceedings; otherwise the proceedings shall be terminated and the detained travel document returned to the citizen.
5. If, pursuant to § 23 (c) or (d) of Act No. 329 / 1999 Coll., in the version effective until the date of entry into force of this Act, an application for refusal to issue a travel document has been made and an application for a travel document has been submitted by 1 March 2011, the competent administrative authority shall suspend the proceedings until 1 March 2011. Where the competent administrative authority receives within the time limit specified in the sentence of the first copy of the order which has been decided to impose a restriction on travel abroad, it shall decide without delay to refuse the issue of a travel document; if not, issue the travel document to the citizen. After 1 March 2011, the competent administrative authority shall not take account of the application for refusal to issue a travel document in accordance with the first sentence.
6. The decision on the withdrawal of a travel document which has acquired legal power until the date of entry into force of this Act and which was issued following a request pursuant to § 23 (a) or (b) of Act No. 329 / 1999 Coll., as amended by the date of entry into force of this Act, shall cease to have legal effect on the date of entry into force of this Act. The competent administrative authority shall return the travel document withdrawn to the citizen.
7. A decision on the withdrawal of a travel document which has acquired legal authority until the date of entry into force of this Act and which was issued following a request under Article 23 (1) of the Code. (c) or (d) of Act No. 329 / 1999 Coll., as effective until the date of entry into force of the Act, the legal effects shall cease to be legal on 1 March 2011. If, by 1 March 2011, the competent administrative authority receives a copy of the resolution which decided to impose a restriction on travel abroad, it shall immediately send the travel document withdrawn to the criminal authority responsible for its withdrawal; otherwise return the travel document to the citizen.
Amendment to the Code of Criminal Procedure
Act No. 1 / 2004, Act No. 1 / 2004, Act No. 2 / 2004, Act No. 1 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 99.
1. In Paragraph 73, the following paragraphs 4 to 6 are inserted after paragraph 3, including footnote 10:
"(4) In the context of the replacement of a link by certain measures referred to in paragraph 1, the detention authority may at the same time impose a restriction on the accused by prohibiting travel abroad. In such a case, the detention authority shall invite the defendant or the person who holds the travel document of the defendant to issue the travel document (10) within the time limit laid down by him, otherwise he shall be withdrawn; Paragraph 79 shall apply mutatis mutandis to the procedure for the withdrawal of the travel document. A copy of the resolution which decided to impose a restriction on travel abroad concerning a national citizen of the Czech Republic shall be sent by the authority responsible for the detention of the authority responsible for issuing the travel document; that authority shall also inform the issuing or withdrawal of the travel document.
(5) The defendant who has been placed under the restriction referred to in paragraph 4 in connection with the replacement of the custody shall have the right to request its annulment at any time. Such a request shall be decided by the custody authority without undue delay. If the application has been rejected, the defendant may, if he does not give new reasons, repeat the decision only three months after the date on which the decision becomes final.
(6) The authority which has decided to abolish the restriction of travel abroad concerning a citizen of the Czech Republic shall inform the authority responsible for issuing the travel document without undue delay; that authority shall also inform the defendant of the return of the travel document.
10) Act No. 329 / 1999 Coll., on travel documents and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on travel documents), as amended. "
Paragraph 4 shall become paragraph 7.
2. In Article 73a, the following paragraph 3 is inserted after paragraph 2:
"(3) Where the authority referred to in paragraph 1 decides that acceptance of the cash guarantee is admissible, it may at the same time decide to impose restrictions on travel abroad. Paragraph 73 (4) to (6) shall apply mutatis mutandis to cases referred to in the first sentence. ';
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
3. In Paragraph 73b (2), the words "or the request for cancellation of a restriction on travel abroad imposed on the defendant pursuant to Article 73 (4) or Article 73a (3)," shall be inserted after the word "defendant."
4. In Part One, Title Four, the following Section 3 is inserted after Section Two:
Prohibition of travel abroad
(1) Where criminal prosecution is carried out for a criminal offence for which the law provides for a custodial sentence, the upper limit of which exceeds two years, or for a malpractice offence to which the law provides for a custodial sentence, the upper limit of which exceeds three years, the court and, in preparatory proceedings on a proposal from the prosecutor, the judge may impose restrictions on the prohibition of travel abroad, if necessary for the purpose of criminal proceedings. A complaint against this decision is admissible.
(2) Where a restriction has been imposed on the defendant pursuant to paragraph 1, the President of the Chamber and, in the preparatory proceedings, the Judge shall invite the defendant or he who holds the travel document of the defendant to give him the travel document within the time limit laid down by him, otherwise he shall be removed; Paragraph 79 shall apply mutatis mutandis to the procedure for the withdrawal of the travel document.
(3) A copy of the order referred to in paragraph 1, if it concerns a national citizen of the Czech Republic, shall be sent by the President of the Chamber and in the preparatory proceedings by the Judge to the authority responsible for issuing the travel document; that authority shall also inform the issuing or withdrawal of the travel document.
(4) The limitation of the prohibition of travel abroad referred to in paragraph 1 shall be lifted by the President of the Chamber and the preparatory procedure by the Prosecutor of his own motion, if the reasons for its imposition have elapsed. The defendant who has been placed under a restriction under paragraph 1 shall have the right at any time to request its annulment. Such a request shall be decided by the President of the Chamber and in the preparatory procedure by the Prosecutor without undue delay. A complaint against this decision is admissible. If the application has been rejected, the defendant may, if he fails to state new reasons, repeat the decision after three months from the legal authority.
(5) The President of the Chamber and in the preparatory procedure shall inform the Prosecutor without undue delay of the authority responsible for issuing the travel document of the cancellation of the restriction of travel abroad concerning a citizen of the Czech Republic; that authority shall also inform the defendant of the return of the travel document. ';
Sections 3 to 6 shall be renumbered sections 4 to 7.
5. in Article 146a (1) (a), the words "or the request for cancellation of a restriction on travel abroad imposed on the defendant pursuant to Article 73 (4) or Article 73a (3)" shall be inserted after the word "binding."
6. in Article 146a (1), the following point (b) is inserted after point (a):
"(b) decide on a request to abolish a restriction on travel abroad (§ 77a (4)),"
Points (b) to (k) shall be renumbered (c) to (l).
7. The following Section 333a is inserted after Section 333:
If the defendant has been convicted of imprisonment, the President of the Chamber may impose restrictions on the prohibition of travel abroad, which shall continue until the sentenced has executed the sentence or any other event involving the cessation of the sentence. A complaint against this decision is admissible. Paragraph 77a (2) to (5) shall apply mutatis mutandis to cases referred to in the first sentence. ';
8. In § 429a, the words "third to sixth 'are replaced by the words" fourth to seventh'.
9. in § 441 (2), first sentence, § 460a (3), § 460f (1), first sentence, and in § 460i (1), second sentence, the word "third" is replaced by the word "fourth."
10. in Paragraph 443 (1) (b), the word "fourth" is replaced by the word "fifth."
EFFECTIVE
This Law shall enter into force on 1 January 2011, with the exception of the provisions of Article I (1), (3) to (7), (16), (21) and (26), which take effect on 1 July 2011, and the provisions of Article I (1) (a) and (b) thereof. I, points 17 and 22, which take effect on 26 June 2012.
z.
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 197 / 2010 Coll., amending Act No. 329 / 1999 Coll., on Travel Documents and amending Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on Travel Documents), as amended, and Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.06.2010 |
|---|---|
| Effective from | 01.01.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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