What is Act No. 230 / 1992 Coll.?

Act No. 230 / 1992 Coll., on Federal Railway Police — Law on the Federal Railway Police.

When it became Act No. 230 / 1992 Coll. effectiveness?

Act No. 230 / 1992 Coll. became effective 29.05.1992.

Is Act No. 230 / 1992 Coll. still valid?

Yes, Act No. 230 / 1992 Coll. is still valid and effective.

Act No. 230 / 1992 Coll. - Law on the Federal Railway Police

230

THE LAW

of 23 April 1992

on the Federal Railway Police

The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:

§ 1

Preliminary provisions

(1) Federal Railway Police (hereinafter referred to as the "Railway Police") is hereby established.

(2) The Railway Police is an armed security corps which ensures the protection of railway transport to the extent provided for by this Act or other laws, throughout the territory of the Czech and Slovak Federal Republic, but in particular in the district of national railways and lifts 1)

(3) The railway police cooperate with the police corps of the Czech and Slovak Federal Republic, the police force of the Czech Republic and the police corps of the Slovak Republic ("police corps") in the performance of their tasks.

HLAVA PRVNÍ

TASKS, MANAGEMENT AND ORGANISATION OF RAILWAY POLICE

§ 2

Tasks of the Railway Police

(1) The railway police, in particular, shall carry out the following tasks in ensuring the protection of rail transport:

(a) protect the safety of persons and property;

(b) protect the continuity and safety of rail operation, objects and equipment;

(c) search for lost and stolen consignments and in this context identify and detect perpetrators of theft, corruption and damage to consignments;

(d) contribute to the identification and clarification of the causes of the risks to the safety and continuity of railway operations and co-operate in the exercise of state supervision on the railways;

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

(f) contribute to the search for wanted persons, weapons, ammunition, explosives, drugs and stolen goods;

(g) detect and notify the competent authorities of offences;

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

(ch) cooperate with international organisations.

(2) The detected offences and their perpetrators are notified by the railway police to the appropriate police forces or to the prosecution.

§ 3

Railway Police Organisation

(1) Railway police are divided into departments with territorial competence in the district of national railways and lifts. The services are set up by the Federal Ministry of Transport ("the Ministry ').

(2) In particular, there is a service of protection and search in the railway police.

§ 4

Railway police management

(1) The Railway Police is subordinate to the Transport Minister of the Czech and Slovak Federal Republic (hereinafter referred to as the Minister of Transport).

(2) The organisation and management of the rail police are determined by the Minister for Transport.

(3) The Head of the Railway Police is the Director of the Federal Railway Police ("the Director ').

(4) The Director shall be appointed and removed by the Minister for Transport, to whom the Director is responsible for the performance of his duties.

(5) The Director shall determine the synergies and the substantive and local competences of the services and services of the railway police.

HLAVA DRUHÁ

OBLIGATIONS, LEGISLATION AND ENVIRONMENT OF THE POLICE

Oddíl první

OBLIGATIONS OF THE POLICE

Obligations in service operations, operations and other activities

§ 5

(1) In carrying out the duties, duties and other duties, the officer is obliged to ensure the honour, dignity and dignity of the persons concerned and not to allow his or her own, where circumstances permit, that persons in connection with such activities may be harmed unjustly and that interference with their rights exceeds the extent necessary to achieve the purpose pursued by the service, service or other activities.

(2) The police officer is obliged to instruct them, if the circumstances of the case so permit, of their rights in carrying out the work, the work or other activities involving interference in the rights and freedoms of persons. Otherwise, it will teach them an additional lesson.

(3) If a woman's personal examination is to be carried out, she shall be entitled to request that such examination be carried out by a police officer, unless there is a need for immediate action.

§ 6

(1) Within the limits of this Act, a police officer is required to carry out the service or to take any other measures necessary to carry out the service, in particular to notify the nearest railway police or police department, if a criminal offence or offence is committed, or if there are reasonable grounds for suspecting that they are committed.

(2) A police officer is obliged, if his medical condition so permits and is not under the influence of medicines or other substances which would reduce his ability to act, to carry out a professional operation within the limits of this law, or to notify the nearest railway police or police department, if any, of any offence or offence which is directly threatened by life, health or property.

§ 7

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

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

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

§ 8

(1) A police officer shall not be obliged to carry out a service in the performance of his duties on grounds of an important interest in the service if he carries out or provides:

(a) operational activity of the search service;

(b) professional activity in the immediate persecution of the offender;

(c) a uniform procedure,

(d) protection of important objects, equipment or consignments;

(e) a courier service where the timely transmission of important messages or the goods transported could be jeopardised;

(f) a service operation or a service whose completion would have more serious consequences than the failure to carry out the new procedure necessary to eliminate the immediate threat.

(2) When carrying out the tasks referred to in paragraph 1, the officer shall be obliged to carry out the service or other measures necessary to eliminate the imminent threat, provided that the circumstances of the case so allow, where there is a higher risk of interest than that protected by the task he carries out.

(3) The police officer is obliged, if the circumstances of the case so permit, to ensure that the relevant railway police department is informed.

§ 9

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

(2) If the nature of the procedure so requires, the policeman will use the words "On behalf of the law!."

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

(4) Anyone who disobeys a police officer's call may be affected under a special law.2)

§ 10

(1) In the exercise of his authority, a police officer is required to demonstrate his / her competence with the rail police, if the nature and circumstances of the service or service so permit.

(2) A police officer shall demonstrate his competence to the railway police by means of a uniform service which, in the performance of his duties, is marked with an identification number or a service card or a badge of the search service or an oral statement "police."

(3) The oral statement of the "police" only in exceptional cases where the circumstances of the service procedure do not allow evidence of such competence by means of a service uniform, service pass or badge of the search service. A police officer shall prove his / her duty uniform, service pass or badge as soon as the circumstances of the service permit.

§ 11

The Ministry shall lay down, by means of a generally binding legislation, details of the evidence of police officers' competence with the railway police.

Oddíl druhý

_

§ 12

Authorisation to request clarification

(1) In carrying out tasks under this law, a policeman shall be entitled to request the necessary explanations, documents and other supporting documents (hereinafter referred to as "explanations') from a person who may contribute to the clarification of the relevant facts and, if necessary, invite him to appear immediately or at a specified time at a designated place to draw up a report on the explanation.

(2) Everyone shall comply with the request or call referred to in paragraph 1.

(3) An explanation may be denied by a person who, to himself, to his relative in a direct generation, a sibling, an adopter, an adopted man, a spouse or a species, as well as by other persons in a family or similar relationship, whose harm he would rightly feel as harm to his own, would 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 secrecy imposed by the State or recognised by that State unless that obligation has been waived by the competent authority or by the person in whose interest it is obliged.

(5) The police officer shall inform the person in advance of the possibility of refusing an explanation in accordance with paragraphs 3 and 4 and shall provide basic information on the subject of the requested explanation.

(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 '). The compensation is provided by the railway police. 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 three days of the date on which he arrived at the invitation referred to in paragraph 1; a person must be instructed about this.

(8) If a person does not comply with the call referred to in paragraph 1 without sufficient apology or for serious reasons, he may be brought to the railway police department for the purpose of drawing up a report on the explanation submitted.

(9) The statement of explanation must be drawn up with the person immediately 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) In carrying out tasks under this law, the police officer shall be entitled to invite everyone to prove their identity. Proof of identity means proof of the name and surname, date of birth and permanent or temporary residence of the person.

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

(3) If a person refuses to prove his or her identity or cannot prove his or her identity even after the necessary cooperation has been provided to prove his or her identity, the officer shall be entitled to bring such a person to the railway police department for the purpose of carrying out his or her duties in order to establish his or her identity and to clarify the matter properly. They release the person immediately upon identification.

(4) If the officer cannot establish the identity of the person presented in accordance with paragraph 3, either on the basis of the information communicated or in the population records, and if it is suspected that the person presented gives false information to his or her person, he / she shall be entitled to call upon that person to suffer the necessary service operations, such as, in particular, the taking 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. The person is required to suffer the necessary duties.

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

(6) An official record shall be drawn up by the policeman of the demonstration and of the work carried out.

§ 14

Presentation

(1) In carrying out tasks under this law, a police officer is entitled to present a person who:

(a) directly endangers the life or health of its own or the life or health of other persons or property;

(b) has been caught committing a crime,

(c) directly endangers or violates the safety and continuity of railway operations;

(d) disorderly conduct and other improper behaviour are detrimental to public policy and there is a reasonable concern that it will continue to do so;

(e) is wanted for reasonable suspicion of a criminal offence or is subject to a search.

(2) Where a person presented pursuant to paragraph 1 or Article 12 (8) has not been transferred to law enforcement authorities or other authorities, he shall be released immediately after the necessary service operations have been carried out, but no later than 24 hours after the restriction of liberty.

(3) If the necessary work takes longer than 12 hours after presentation and if no serious reasons prevent it and the person presented so requests or agrees to it, one of the persons close to the person presented shall be taken into account and, if it is a soldier, the nearest crew administration.

(4) A person under 18 years of age must be released immediately after the necessary duties have been carried out, but no later than 12 hours after the time of restriction of liberty. It shall be notified without undue delay of its legal representative or the person supervising it.

(5) An official record shall be drawn up by the policeman of the demonstration and of the work carried out.

§ 15

Authorisation to open an apartment and other enclosed spaces in the district of national railways and lifts

(1) Where 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, if there is a danger of delay, to open an apartment or other enclosed premises in the district of national railways and lifts (hereinafter referred to as "the apartment '), to enter, enter and perform, in accordance with this law, the necessary service procedures or other measures to avert the immediate danger.

(2) The authorisation referred to in paragraph 1 shall also be granted to a policeman where there are reasonable grounds for suspecting that a deceased person is present in the apartment.

(3) In order to carry out the service operations or other measures referred to in paragraph 1, the officer shall be obliged to ensure the presence of the non-party. They do not need to do so if there is a danger of delay, particularly if life is at risk, if there is an explosion or other equally serious danger.

(4) After carrying out the service or other measures referred to in paragraph 1, the police officer shall immediately inform the user of the apartment and ensure the closure of the apartment, unless the user or other authorised person can do so.

(5) The opening of the apartment must not pursue any interest other than the protection of the life or health of persons, the protection of property, the protection of the rights and freedoms of others or the deterrence of a serious threat to public security.

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

§ 16

Authorisation to restrict the movement of aggressive persons

(1) A person who physically attacks another person or officer or damages property may be limited to the possibility of free movement by handcuffing to a fixed article. Where such conduct is committed by a person on a railway police force, he or she may only be bound to an object intended for that purpose, but shall be allowed to sit.

(2) Restrictions on free movement may take no more than two hours.

(3) An official record of the use of this authorisation shall be drawn up by the officer.

§ 17

Authorisation to withdraw a weapon

(1) A police officer is entitled to satisfy himself or herself that the demonstration person does not carry a weapon or any other thing which could endanger the life or health of his or her or any other person and remove it.

(2) The gun or item taken as referred to in paragraph 1 shall be returned by the officer upon release of the person presented, unless legal reasons prevent it.

(3) For the purposes of this Act, weapons shall mean firearms of firearms, stabs or weapons of mass effectiveness.

§ 18

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.

§ 19

Authorisations for the safety of rail operation, property and transported mail

(1) In ensuring the safety of the railway operation, property and consignments transported, the officer shall be entitled to:

(a) to check the entry and exit of persons, their baggage and means of transport in places not accessible to the public;

(b) inspection of consignments, inspection of documents, documents, transport and accompanying documents, identification of the type and quantity of goods and other facts needed to assess whether the transport of goods by rail in the district of national railways and lifts is carried out in accordance with railway transport and tariff regulations;

(c) in the context of the search for lost, introduced and stolen shipments, make sure that the item sought is not in warehouses or means of transport, or other premises in the district of national railways and lifts;

(d) after a previous futile call for a case, carry out a personal inspection of the Czechoslovak State Railways personnel, their baggage and their means of transport in the event of a reasonable suspicion that a person is hiding in his or her luggage or means of transport goods stolen from a consignment or from the property of passengers;

(e) exclude from rail transport persons and goods which are excluded from rail transport or which may only be transported under special conditions.3)

(2) In carrying out the tasks under this law, police officers are entitled to free transport on national routes, including trains intended exclusively for international transport, local trains, including transport of the service dog, driving at the driver's station, in the service wagon and on the freight train, as well as free use of the Czechoslovak State Railways' media equipment and entry into the reserved premises of the buildings and equipment, means of transport and other premises in the national railway district.

§ 20

Authorisation to detect offences

(1) A police officer shall be entitled to require:

(a) a copy of the criminal record in cases where prior criminal penalties could lead to an assessment of the offence;

(b) professional observations from competent authorities;

(c) a medical examination including blood and urine collection to detect alcohol or other addictive substances, 4)

(d) the examination of the place of the offence, the examination of the matter relating to the offence committed and, in connection with that, to identify and provide evidence.

(2) The tasks referred to in paragraph 1 (b) shall be: (c) the person is obliged to submit only if this is not related to a risk to his or her health.

(3) An examination of the blood of a person suspected of committing an offence shall be carried out if the person so requests.

§ 21

Withdrawal authorisation

(1) A police officer is entitled, following a previous futile call for extradition, to withdraw a case which can reasonably be considered as capable of being declared forfeited in an infringement proceedings, 5) or of being prevented. 6)

(2) It is not possible to withdraw a case whose value is in conspicuous disagreement with the nature of the offence.

(3) A police officer shall record the removal of the case and issue a statement of withdrawal to the person to whom the case has been removed.

(4) If the offence is not declared forfeited or prevented, the officer shall return the case without delay unless he has referred it to the competent administrative authority which is entitled to rule on the offence.

Oddíl třetí

USE OF DONOCATION ENVIRONMENTAL AND POLICE BRANCH

§ 22

Use of coercive devices

(1) The means of enforcement are:

(a) touches, moves, punches and kicks of self-defense,

(b) tear media;

(c) baton,

(d) handcuffs,

(e) service dog,

(f) a firearm strike;

(h) a weapon-aimed threat;

(i) a warning shot in the air.

(2) Before using coercive measures, the officer shall be obliged to call on the person against whom he is acting to refrain from the infringement with a warning that one of the coercive measures will be used. It may refrain from calling and warning only if it is itself attacked or if the life or health of another person is clearly and immediately threatened and the matter cannot be delayed.

(3) The use of a coercive device is intended to achieve the purpose pursued by the service. In doing so, only the means of enforcement which is strictly necessary to overcome the opposition of the person committing the infringement shall be used.

(4) The police officer shall decide which of the means of coercion so as not to cause undue harm to the person against whom he acts.

§ 23

Use of tactile, moves, punches and kicks of self-defense, tear-forming devices and baton

(1) Features, moves, blows and kicks of self-defense, tear-forming devices and batons are authorized to use

(a) ensure the safety of his or her own or other person before the unlawful attack, unless the futile call for the attack is waived, the attack is imminent, persists or continues according to all signs;

(b) prevent a riot, a brawl, physical assault of persons, intentional damage to property, in particular objects, equipment or means of transport;

(c) prevent dangerous behaviour which distorts the safety of rail traffic or other gross behaviour which violates public policy;

(d) prevent the violent entry of unauthorised persons into restricted areas, secure premises, protected means of transport;

(e) demonstrate the person who puts up an active resistance.

(2) Features and moves of self-defense which do not endanger the health or life of a person are entitled to use a police officer to demonstrate a person who gives passive resistance.

§ 24

Use of handcuffs

The cuff is a police officer authorized to use

(a) to bind the demonstration person who has actively resisted or attacks a police officer or other person, to a futile call for him to refrain from such action, or if there is a risk that he may attempt to escape;

(b) to bind each other to two or more persons presented under the conditions referred to in (a);

(c) to bind or bind persons who act violently against a police officer or any other person or harm property.

§ 25

Use of the service dog

(1) The service dog is entitled to use:

(a) in order to ensure the safety of his or her own or other person, if he or she is not waived after the call, the attack is imminent, persists or continues according to all signs;

(b) to prevent disorderly conduct, fighting, physical assault of persons, intentional damage to property, in particular objects, equipment, means of transport;

(c) to prevent dangerous behaviour affecting the safety of rail traffic or any other gross behaviour infringing public policy;

(d) to prevent the violent entry of unauthorised persons into protected or guarded objects or places where entry is prohibited;

(e) to pursue the person on the run to be brought in;

(f) to force the hiding person to be shown to leave the hideout;

(g) to babysit a demonstrated person.

(2) A police officer uses a service dog with a muzzle. If the nature and intensity of the attack or, if necessary, overcome the resistance of the person so requires, he shall use the service dog without muzzle.

§ 26

Using a firearm strike

A firearm strike is authorized to be used by a police officer in self-defense, usually in a fight with an assailant, if they get in trouble.

Citation	Act No. 230 / 1992 Coll., on Federal Railway Police
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	29.05.1992
Effective from	29.05.1992
Effective until	-
Status	Valid

Act No. 230 / 1992 Coll.

Law on the Federal Railway Police

Contents

§ 1