Act No. 238 / 2024 Coll.
Act amending Act No. 341 / 2011 Coll., on General Inspection of Security Corps and on the amendment of related laws, and certain other laws
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238
THE LAW
of 10 July 2024
amending Act No 341 / 2011 Coll., on the General Inspection of Security Corps and on the amendment of related laws, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on General Inspection of Security Corps
Act No. 341 / 2011 Coll., on General Inspection of Safety Corps and on the amendment of related laws, as amended by Act No. 64 / 2014 Coll., Act No. 183 / 2017 Coll., Act No. 111 / 2019 Coll., Act No. 250 / 2021 Coll., Act No. 130 / 2022 Coll. and Act No. 30 / 2024 Coll., is amended as follows:
1. In Article 1, at the end of the text of paragraph 3, the words "(hereinafter referred to as" the member of the inspection ") and the employees of the Czech Republic are added to the list for the work of the inspection (hereinafter referred to as" the staff of the inspection ") '.
2. in Article 2 (1) (a):
"(a) Belongs to the Police of the Czech Republic, Customs Officer or to the Prison Service of the Czech Republic (hereinafter referred to as" the Security Corps ") or to an inspection,"
3. in Article 2 (1) (b), the words "(police staff)" shall be inserted after the words "Police officers" and the words "inspections" shall be replaced by the words "inspection staff."
4. In Article 2 (1) (c), the words "(the staff member of the Security Corps) 'shall be inserted after the words" the service of the Czech Republic'.
5. in Article 2 (2) (a), the words "Police of the Czech Republic, Customs Officer, Member of the Prison Service of the Czech Republic" shall be replaced by the words "Security Corps" and the words "Czech Republic for the performance of work in the Police of the Czech Republic" shall be replaced by the words "Police."
6. In Article 2 (2) (b), the words "the Czech Republic, which is assigned to the customs administration of the Czech Republic or the Prison Service of the Czech Republic 'are replaced by the words" the Security Corps'.
7. In the first sentence of Paragraph 2 (4), the words "Police of the Czech Republic, members of the Prison Service of the Czech Republic and members of the Customs Administration of the Czech Republic 'are replaced by the words" Security corps, inspection officers, police staff, inspection staff and staff of security corps'.
8. In Section 3, the word "is' is replaced by" and the staff member of the inspection is' and the word "obliged 'is replaced by the word" obliged'.
9. In Section 5 of the introductory part of the provision, the words "is obliged 'are replaced by the words" the staff member of the inspection is obliged'.
10. in Article 5 (a) and (b), the word "his" is replaced by the word "theirs";
11. in Article 6, at the end of paragraph 1, the sentence "The staff of the inspection shall, when carrying out the operation, be obliged to demonstrate their competence for the inspection by means of an inspection document."
12. in the first and second sentences of Article 6 (2), the words "or the staff member of the inspection" shall be inserted after the words "the member of the inspection."
13. In Article 6, the following paragraph 3 is added:
"(3) The obligation to prove responsibility for the inspection shall not lie with the inspection officer who is legally concealing that competence. ';
14. In the first sentence of Section 7, the words "or the staff member of an inspection 'shall be inserted after the word" inspection'.
15. in Article 8, the word "administration" is replaced by the word "power."
16. in Article 11 (1) (d):
"(d) in the areas of inspection used, pollutes or harms property or verbally insults or physically attacks another person."
17. The following Section 13a is inserted after Section 13, including the title and footnote 23:
Withdrawal
(1) The inspection officer may invite the person to issue the case if:
(a) it may be considered that the infringement may be forfeited or prevented; or
(b) it is a matter of importance for infringement proceedings.
(2) Following the previous futile call for a case referred to in paragraph 1, the inspection officer shall be entitled to withdraw the case. A case the value of which is in obvious disproportion to the nature of the offence cannot be withdrawn. Where the safety of persons or property or other similar general interest so requires, the second sentence shall not apply.
(3) An official record of the issue or withdrawal of the case shall be drawn up by the inspection officer and certified to the person. The inspection officer shall, if necessary for further proceedings, forward the matter to the authority responsible for the infringement; otherwise issue it to a person whose right to the matter is without doubt, or return to the person who issued it or who was withdrawn.
(4) Where a case referred to in paragraph 1 or 2 is a narcotic or psychotropic substance or a drug precursor or another chemical or other object intended for the manufacture of narcotic drugs or psychotropic substances, an inspection shall request the police of the Czech Republic to cooperate in the destruction of a case under another legislation (23).
23) § 34 (4) of Act No. 273 / 2008 Coll., on the Police of the Czech Republic, as amended. "
18. In Article 14 (2), the words ", drug precursors, other chemicals or articles intended to manufacture narcotic drugs and psychotropic substances' shall be inserted after the words" substances'.
19. After Paragraph 15, the following Section 15a is inserted:
Entry into dwellings, other premises or land
(1) An inspection officer may, in the performance of a particular inspection task, enter a dwelling, other premises or land without the consent of the user and take the necessary action or other measures there only if the matter cannot be delayed and entry there is necessary to protect the life or health of persons.
(2) Furthermore, the inspection officer may enter the dwelling, other premises or land without the consent of the user and carry out the necessary acts or other measures in the event of persecution.
(3) The inspection officer may, in order to enter the place referred to in paragraphs 1 and 2, open the site or otherwise arrange for access to it, if necessary by force.
(4) The inspection officer shall be obliged to ensure the presence of the non-party when entering the place referred to in paragraphs 1 and 2 and in subsequent operations or measures; there is no need to do so if there is a risk of delay or if there is a risk of life or health of the non-party.
(5) Upon completion of operations or other measures, the inspection officer shall notify the occupant of the dwelling, other premises or land without undue delay and ensure that the site is secured if the user or other authorised person cannot do so.
(6) After entering the place referred to in paragraph 1, no acts or measures other than those intended to fulfil the purpose referred to in paragraphs 1 and 2 shall be carried out. ';
20. in Article 16 (1) (d), the words "and poisons" shall be replaced by the words "drug precursors, other chemicals or articles intended to manufacture narcotic drugs, psychotropic substances or poisons."
21. The following Section 16a is inserted after Section 16, which includes the title:
Examination of the presence of alcohol and other addictive substances
In carrying out a particular inspection task, the inspection officer shall be entitled to invite the person referred to in Article 2 (1) to undergo an indicative examination or a medical expert examination where there is reason to suspect that he is under the influence of alcohol or other addictive substances. ';
22. in Paragraph 22 (1), the words "in the case of restrictions on personal freedom" shall be replaced by the words "property."
23. in Article 30 (1) (a) and Article 32 (2) (i), the words "or offence" shall be inserted after the word "act."
24. In Paragraph 32 (2), the words "or offence 'shall be added at the end of the text in point (f).
25. in Paragraph 32 (2) (j):
"(j) in carrying out any other task, if it is necessary for the search, detection, investigation or investigation of the criminal activities of members of the Security Corps, inspection, police staff, inspection staff or staff of the Security Corps.";
26. In the first sentence of Paragraph 35 (2), the words "and in a way that allows long-distance and continuous access' shall be inserted after the words" the service of the Czech Republic '.
27. In the last sentence of Paragraph 35 (2), the words "or remote and continuous access shall not be established 'shall be inserted after the words" no transmission'.
28. In Article 35 (3), the words "public authorities' agendas' are replaced by the words" agendas, public authorities, private data users' and the words "and the central register of drivers (5) 'are replaced by the words" the central register of drivers (5) and the register of road hauliers, including data from the register of road hauliers from other Member States under the directly applicable European Union24)'.
Footnote 24 reads:
"(24) Regulation (EC) No 1071 / 2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the mandatory conditions for the pursuit of the occupation of road transport operator and repealing Council Directive 96 / 26 / EC, as amended. Commission Regulation (EU) No 1213 / 2010 of 16 December 2010 establishing common rules for the interconnection of national electronic registers of road transport undertakings. ';
29. In the first sentence of Article 35 (4), the words "or the staff of the inspection 'shall be inserted after the words" the inspection officer'.
30. In Article 35 (5), the words "via the Ministry of the Interior to request a processor or register administrator, based on other legislation, to notify the inspection of each personal data release 'are replaced by the words" or, at the request of the Ministry of Interior, to implement measures for the registration of data protection', and the sentence "The Czech Intelligence Service may, upon request of the inspection, implement measures for the registration of data relating to cover documents' is added at the end of the paragraph.
31. in Article 36 (4) (b):
"(b) health insurance companies or health or social service providers provide information on the time and place of provision of health or social services to that person.";
32. In Paragraph 37 (2), the words "the Security Corps' shall be inserted after the words" the Member '.
33. In the first sentence of Paragraph 39 (2), the words "with the obscuration of the actual purpose of its activity 'shall be deleted and in the second sentence, the words" to conceal its responsibility for inspection and the actual purpose of its activity' shall be inserted after the words "authorised '.
34. In Article 41 (1), the words "the Security Corps, the Inspection Officer, the Police Officer, the Inspection Staff 'shall be inserted after the words" the Security Corps'.
35. In Paragraph 41, at the end of paragraph 4, the sentence "In accordance with § 54b (2) (f), a confidence test may also be carried out by a foreign security officer controlled by an inspection officer designated in accordance with § 54b (4)."
36. in Paragraph 41 (5), the words "member of the Foreign Security Corps" shall be inserted after the words "Officer of the Inspection."
37. In Paragraph 41 (6), the words "if technically possible 'shall be added at the end of the first sentence.
38. In Paragraph 41 (8), the words ", a foreign security officer 'shall be inserted after the words" an inspection officer'.
Paragraph 42 (2) reads as follows:
"(2) The inspection may ask the Ministry of the Interior, the Police of the Czech Republic or the intelligence services of the Czech Republic to cooperate in the measure or issue of the cover document."
40. in Article 47 (4) (b), the text "Article 47 (1)" is replaced by the text "Article 44 (1) (c)."
41. Paragraph 52 (2) is deleted and paragraph 1 is deleted.
Article 42 (54) reads:
The inspection shall cooperate with Interpol, the European Police Office, the competent authorities and bodies of the European Union and its Member States and other international organisations, international criminal courts, international criminal tribunals and, where appropriate, similar international judicial bodies which fulfil at least one of the conditions referred to in paragraphs 145 (1) (b) and (c) of the Act on international judicial cooperation in criminal, foreign security forces and other competent authorities of a foreign State. ';
43. The following Sections 54a to 54d are inserted after Section 54:
The inspection may, at the request of a foreign security corps, use means of support operationally search under the conditions laid down in this law or in the conditions laid down in the Code of Criminal Procedure.
(1) Under the conditions, to the extent and in the manner laid down by the international agreement, a foreign security corps officer may exercise the authority and duties of an inspection officer under this law within the territory of the Czech Republic.
(2) With the agreement of the Director and the competent authority of a foreign State, a foreign security officer may be used to the extent and under the conditions laid down by the law of the Foreign Security Corps
(a) as agent,
(b) to make a fake transfer;
(c) to monitor persons and items;
(d) use of safety equipment;
(e) to carry out an intervention against perpetrators of serious crimes; or
(f) to perform the reliability test.
(3) Where necessary for the performance of inspection tasks, it may be used, with the agreement of the Director and the competent authority of a Member State of the European Union, to carry out such tasks, to the extent and under the conditions laid down by the law or regulations of the European Union on police cooperation of a member of the foreign security service of another Member State of the European Union.
(4) In carrying out the operations referred to in paragraphs 2 and 3, the inspection officer designated by the Director shall direct the activities of the external security staff.
(5) For the purposes of compensation for damage caused in connection with the implementation of the operations referred to in paragraphs 2 and 3, a foreign security officer shall be deemed to be a member of the inspection.
An inspection officer shall be entitled to operate in the territory of another State.
(a) under the conditions, to the extent and in the manner laid down by the international agreement;
(b) in the context of a peaceful or other operation involving the Czech Republic, by decision of an international organisation with which the Czech Republic is a member or with which it has an international agreement, or by decision of a competent authority or body of the European Union; or
(c) if it is sent to carry out inspection tasks on the basis of a decision of the Prime Minister with the agreement of the competent authority of a foreign State or at the request of the competent authority of a foreign State.
The inspection may provide all the authorities referred to in Section 54 with classified information without the consent of the National Security Office. The provision of classified information shall not be carried out through a central register of classified information under the Act on the Protection of classified information and on security competence. ';
44. in Article 56 (1) (a), the words "the Security Corps to which it relates" shall be replaced by the words "inspection, inspection officer or staff member" and the words "or" shall be deleted. "
45. in Article 56 (1) (b), the word "inspection" shall be inserted after the word "member" and after the word "staff member."
46. In Article 56, at the end of paragraph 1, the dot is replaced by "or 'and the following point (c) is added:
"(c) the fact that a member of the Security Corps, a police officer or a member of the Security Corps has committed acts which fulfil the characteristics of the offence."
47. In Article 56, the following paragraph 3 is added:
"(3) Where the person concerned by the activity of an inspection officer or an inspection staff member considers that his or her notification has not been properly completed, he or she may ask the inspection officer or staff member to examine the method of handling the alert. ';
48. in Paragraph 57 (2):
"(2) The prior notification of the Prime Minister and the Director by the supervisory authority shall be subject to the initiation of the inspection referred to in paragraph 1. ';
49. In Paragraph 57 (5), the words "procedure under this provision 'are replaced by the words" control under paragraph 1'.
50. The following Section 57a to 57c is inserted after Section 57, including footnote 25:
(1) The inspection authority may, in carrying out the inspection's inspection activities, enter the premises of the inspections used, accompanied by the Director or his authorised officer.
(2) The inspection authority shall be entitled to request from the inspection the information and supporting documents necessary for carrying out the inspection. The inspection shall provide the information and supporting documents requested without undue delay, unless they are subject to confidentiality under another legislation (25), or if the reasons set out in Section 57b are not fulfilled.
(3) The Director shall submit to the inspection authority, at his request, when carrying out the inspection's inspection.
(a) the organisational structure of the inspection and the information related thereto;
(b) the draft inspection budget and the information related thereto;
(c) the supporting documents needed to check the inspection's budget and the information related thereto;
(d) a summary of the inspection activities involving the number and orientation of the cases and cases in which the inspection takes place; or
(e) information on the evaluation of the reliability tests.
(4) If the supervisory authority considers that the inspection activity illegally limits or damages the rights or freedoms of persons, it shall be entitled to request the necessary explanations from the Director.
(5) Any reasonable suspicion of a breach of law by the members or staff of an inspection found by the inspection authority in the course of its activities shall be notified to the Director and to the Chief Prosecutor.
The inspection shall not be required to transmit to the inspection authority information which may:
(a) to jeopardise or thwart the purpose of the ongoing action or criminal proceedings;
(b) to jeopardise the prevention of crime;
(c) to reveal the identity of the inspection officers or other security forces carrying out an operational search;
(d) reveal the identity of the informant; or
(e) endanger other persons whose safety is in the interest of inspection.
The members of the supervisory authority shall be obliged to maintain confidentiality regarding the facts which they have learned in the performance of their duties. The obligation to remain silent shall continue after membership of the supervisory authority has ceased. The obligation to maintain confidentiality imposed on members of the supervisory authority shall not apply to cases where the supervisory authority submits a notification pursuant to Paragraph 57a (5). Members of the supervisory authority may be relieved of the obligation to remain silent only by a resolution of the Chamber of Deputies.
25) For example, Article 65 (2) of Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence, as amended. '
51. in Paragraph 58 (1) (b):
"(b) in contravention of Paragraph 60 (2), on the spot accessible to the public, the inspection uniform or those parts thereof which appear to be interchangeable with it shall be worn;"
2. in Paragraph 58 (1), the following point (c) is inserted after point (b):
"(c) in contravention of Paragraph 60 (3), intentionally available to the public on the spot, uses the external marking of the inspection or the marking likely to be interchangeable with it,"
Points (c) and (d) shall be renumbered points (d) and (e).
53.In § 58 (1) (e), the words "§ 57c or" shall be inserted after the words "under."
54.
(1) An inspection officer shall carry out a service in civil clothing, civil clothing with an external identification of the inspection or in a uniform service inspection, depending on the nature of the specific activity and the need for effective performance of the inspection tasks.
(2) Only a member of the inspection is entitled to wear the uniform. The former member of the inspection shall be entitled to wear a uniform service inspection with a distinctive mark on appropriate occasions, subject to the agreement of the Director.
(3) The external designation of the inspection shall be authorised only by the inspection officer.
(4) The special marking of service vehicles of inspections and belts marked "General Inspection of Security Corps' pursuant to Paragraph 17 (2) shall be authorised only to use inspections.
(5) The Government provides for a regulation
(a) model of the service card and badge of inspection;
(b) a model for the inspection staff's identification;
(c) the types and models of service uniforms of the inspection;
(d) the method of external marking of inspection;
(e) the method of proving responsibility for inspection;
(f) models of the special marking of service vehicles of inspections and belts marked "General Inspection of Security Corps"; and
(g) the conditions for granting consent to wear a service uniform with a distinctive mark, a model distinguishing mark and the appropriate opportunities referred to in paragraph 2. ';
55. in Paragraph 63, the following point (b) is inserted after point (a):
"(b) infringements, including conduct which has the characteristics of an infringement, where there is a suspicion that such conduct has been committed by an inspection officer,";
Points (b) to (d) shall be renumbered (c) to (e).
56. in Paragraph 63 (c):
"(c) a search of a person, i.e. an inspection of a natural person by a person of the same sex, including an inspection of the clothing uppers of a person and of the goods carried by that person at the time of the inspection;
1. using direct physical contacts; or
2. if necessary, by direct observation of the body revealed by that person in which the inspection officer is entitled to call upon a person to make a move to detect a weapon or other matter liable to endanger life or health, '.
57. in Paragraph 63, the dot is replaced by a comma at the end of point (e) and the following point (f) is added:
"(f) the drawing up of an official record, that is to say, the acquisition of an official record using audio or video recording, where appropriate and appropriate, taking into account the nature of the act.";
58. In the first sentence of Paragraph 66 (1), the words "the Czech Republic, which is included in the inspection work 'are replaced by the words" inspection'.
59. Paragraph 66 (3) reads as follows:
"(3) The obligations of confidentiality imposed under this law may not be invoked against the police authority referred to in Article 12 (2) (i) of the criminal law, the prosecutor, the court and the supervisory authority under this law as regards the information needed to fulfil their duties under the law or international agreement. '
60. In the first sentence of Paragraph 66 (4), the words "or an authorised member of the Government 'shall be deleted.
Paragraph 67 reads:
The staff of the inspection, the police staff and the staff of the security departments and their superior ministries may not rely on the obligation of confidentiality imposed under Section 303 of the Labour Code as regards the information needed to carry out the inspection tasks. '
Amendment to the drug precursor law
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Regulation Information
| Citation | Act No. 238 / 2024 Coll., amending Act No. 341 / 2011 Coll., on the General Inspection of Security Corps and on the amendment of related laws, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.08.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 597
The regulation text is for informational purposes only.
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