Act No. 213 / 2006 Coll.
Act amending Act No 352 / 2001 Coll., on the Use of State Symbols of the Czech Republic and on the Amendment of Certain Acts, and Act No 200 / 1990 Coll., on Infringements, as amended
Valid
Effective from 18.06.2006
213
THE LAW
of 20 April 2006
amending Act No 352 / 2001 Coll., on the Use of State Symbols of the Czech Republic and amending certain laws, and Act No 200 / 1990 Coll., on Infringements, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the Use of State Symbols of the Czech Republic
Act No 352 / 2001 Coll., on the use of national symbols of the Czech Republic and on the amendment of certain laws, is amended as follows:
1. In Article 1 (2), the words "in accordance with this Act 'are deleted.
2. in Paragraph 2 (i), the word "armed" shall be deleted after the word "and" armed. "
3. In Article 2 (r), the words "and schools, school and preschool establishments included in the school network, school and preschool establishments' are replaced by the words" schools and school establishments registered in the school register '.
4. footnote 3 shall read:
"3) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended."
5. In Article 2 (t), the words "entrusted with the issue of administrative acts or documents certifying the essential facts' are replaced by the words" or, by law, entrusted to the exercise of the administration '.
6. In Article 2, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) For the authorised persons referred to in points (a) to (t) of paragraph 1, the national character may be used in the context of the exercise of the powers of the authorised person, authorised under the internal rules of the authorised person or authorised by the head of the authorised person. ';
7. in Article 3 (1) (b), the words "paragraph 1" shall be inserted after the words "Paragraph 2."
8. in Article 3 (1), the following point (f) is inserted after point (e):
"(f) it shall appear in the collections of the decisions of the Constitutional Court, the Supreme Court and the Supreme Administrative Court issued by those courts under special legislation;"
Point (f) shall be renumbered as point (g).
9. in § 3 (2) (b), "§ 2 (a) to (e), (g) to (j) and (m)" is replaced by "§ 2 (1) (a) to (e) and (g) to (m)";
10. in Article 3 (2) (c), the words "paragraph 1" shall be inserted after the words "Paragraph 2."
11. in Article 3, at the end of paragraph 2, the dot is replaced by a comma and the following point (e) is added:
"(e) use in connection with the exercise of the powers of authorised persons referred to in Article 2 (1) (a) to (t).";
12. in Article 4 (1), the words "paragraph 1" shall be inserted after the words "Paragraph 2";
13. in Paragraph 4 (3), the words "paragraph 1" shall be inserted after the words "Paragraph 2."
14. The following Section 4a is inserted after Section 4:
In cases where the law imposes or allows the use of a large national character, the authorised person may also use his unique colour imitation of metal, stone, glass, ceramics or other material, which corresponds with the image of a large national character. '
15. in Article 5, the words "paragraph 1" and the words "official acts or acts certifying important facts, issued in the exercise of their statutory competence" shall be replaced by the words "documents certifying essential facts, issued in the exercise of State authority, which have been entrusted to them by law or by law (5a)."
Footnote 5a:
"5a) Paragraph 13 (1) of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (Enforcement Order) and amending other laws. § 9 (3) of Act No. 358 / 1992 Coll., on notaries and their activities (notarial order). '
16. in Paragraph 7 (1), including footnote 5b:
"(1) The State flag shall be issued by the authorised persons referred to in Article 2 (1) (a) to (s) on the buildings in which they are based, on the occasion of the public holidays (5b) and on occasions of national importance, in particular on the day of mourning or on the day of state mourning, declared by the Government.
5b) § 1 of Act No. 245 / 2000 Coll., on public holidays, on other holidays, on significant days and on working days, as amended by Act No. 101 / 2004 Coll. '
17. in Paragraph 7 (4), the words "paragraph 1" shall be inserted after the words "Paragraph 2."
18.
(1) The flag shall always be placed in the most honorable place if the flag of the State is simultaneously issued by the State flags of other States; This is from the front view of the object
(a) to the left when two national flags are displayed;
(b) in the middle when the odd number of State flags is displayed,
(c) in the middle pair on the left when the even number of national flags is displayed,
(d) first from left, or last from row, when the number of flags is higher than 5.
(2) The rules laid down in paragraph 1 shall apply mutatis mutandis to the display of a national flag with other flags. "
19. Paragraph 13, including the title and footnote 5c, reads:
Infringement
(1) A natural person commits an offence 5c) by misusing, deliberately harming or grossly harming the state symbol of the Czech Republic.
(2) A fine of up to 10 000 CZK may be imposed for the offence referred to in paragraph 1.
5c) Act No. 200 / 1990 Coll., on Infringements, as amended. '.
footnote 6 is deleted.
20. the following Section 13a and 13b are inserted after Section 13:
(1) A natural person, whether legal or legal, commits an administrative offence by:
(a) uses a small national character contrary to § 5;
(b) use a large national character contrary to § 6 (2);
(c) not raise a national flag, although it is required to do so under Article 7 (1); or
(d) post a State flag in violation of § 8 or 9.
(2) A fine shall be imposed for the administrative offence:
(a) 15 000 CZK if it is an administrative offence under paragraph 1 (a) to (c);
(b) 10 000 CZK if it is an administrative offence referred to in paragraph 1 (d).
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the scale of the fine, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and its consequences and circumstances in which the administrative offence was committed.
(3) Liability for an administrative offence shall cease if the administrative authority has not initiated proceedings on it within 1 year of the date on which it became aware of it, but no later than 3 years after the administrative offence was committed.
(4) Administrative offenses under this law are discussed at first instance by the municipal authority of the municipality with extended competence, in the capital city of Prague the municipal office.
(5) The provisions of the Liability and Punishment Act apply to liability for acts which have taken place in the course of or directly related to the business of a natural person (6).
6) Paragraph 2 (2) of Act No. 513 / 1991 Coll., Commercial Code, as amended by Act No. 85 / 2004 Coll. '
EFFECTIVE
This Act shall take effect 30 days after its publication.
v. Kasal v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 213 / 2006 Coll., amending Act No. 352 / 2001 Coll., on the Use of State Symbols of the Czech Republic and on the Amendment of Certain Acts, and Act No. 200 / 1990 Coll., on Infringements, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.05.2006 |
|---|---|
| Effective from | 18.06.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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