Act No. 261 / 2020 Coll.
Act amending Act No. 553 / 1991 Coll., on Municipal Police, as amended
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Effective from 01.01.2021
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01.01.2021
02.06.2020
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261
THE LAW
of 27 May 2020
amending Act No. 553 / 1991 Coll., on Municipal Police, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the municipal police law
Act No. 553 / 1991 Coll., on municipal police, as amended by Act No. 67 / 1993 Coll., Act No. 163 / 1993 Coll., Act No. 82 / 1995 Coll., Act No. 153 / 1995 Coll., Act No. 132 / 2000 Coll., Act No. 311 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 267 / 2006 Coll., Act No. 274 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 427 / 2010 Coll., Act No. 204 / 2015 Coll., Act No. 188 / 2016 Coll., Act No. 65 / 2017 Coll., Act No. 183 / 2008 Coll., Act No. 248 / 2017 Coll., amended as follows:
1. footnote 2 shall read:
"2) Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended."
2. In Article 1 (3), the words "the police of the Czech Republic (" the police "), the state authorities and the authorities of the local authorities' are replaced by the words" public authorities'.
3. In Article 4 (2), the word "Council 'is replaced by" Council'.
4. In Article 4, the following paragraph 3 is added:
"(3) An officer may be in the basic employment relationship of an officer to only one municipality."
5. Paragraph 4a, including the title and footnotes No 27 and 28, reads as follows:
integrity
(1) For the purposes of this Act, the person who was
(a) convicted of a criminal offence with a maximum prison sentence of more than 5 years or to an exceptional penalty;
(b) in the last 15 years, a final conviction for an intentional offence with a maximum criminal rate exceeding 2 years but not exceeding 5 years;
(c) for a criminal offence with a maximum criminal sentence of not more than two years in the last 10 years; or
(d) in the last 5 years, a criminal offence which has been committed out of negligence, where his conduct by which he has committed the offence is in breach of the post of an officer under this law.
(2) For the purposes of this Act, the right is no longer the same,
(a) whose criminal prosecution for an intentional offence has been terminated by a final decision approving the settlement, and two years have not passed since that suspension, if the conduct by which he committed the offence is contrary to the mission of an officer under this law,
(b) against which criminal proceedings have been brought for an intentional offence, in which a decision has been final on the suspension of a criminal prosecution or on the suspension of the application for punishment until the date on which the legal authority is granted to decide whether it has proved itself or the expiry of the period within which it is to be decided that it has proved that the conduct by which it has committed the offence is contrary to the mission of an officer under this law; or
(c) whose criminal prosecution for the offence has been terminated by a final decision to withdraw from the criminal prosecution, and two years have not passed since that suspension, if the conduct by which he committed the offence is contrary to the mission of an officer under this law.
(3) In assessing the integrity of the person concerned, no account shall be taken of the destruction of a conviction under a special rule of law (27) or of a decision of the President of the Republic, as a result of which applicants for employment of an officer, a candidate or an officer are regarded as not being convicted.
(4) In order to verify that a candidate for an officer's employment fulfils the conditions of integrity, the municipality shall request a copy of the Register of Penalties (28). A request for a copy from the Register of Penalties and a copy from the Register of Penalties shall be sent in electronic form in a way that allows remote access.
(5) An applicant for employment of an officer, a candidate or an officer is required to notify in writing to the person acting on behalf of the municipality in employment relations that he has been prosecuted or received a record of a suspected communication no later than 10 days after the date of service of the order initiating the criminal prosecution or of a suspected communication. The notification shall be accompanied by a copy of the order initiating the prosecution or a record of the suspected disclosure or shall indicate in the notification the operative part of this decision, including an indication of the authority which issued the order or alert. Similarly, a candidate for employment of an officer, a candidate or an officer shall proceed in the event of termination of a criminal prosecution.
27) § 105 and 106 of the Penal Code. § 35 and 88 of Act No. 218 / 2003 Coll., on the Liability of Youth for Illegal Acts and on Judicial Affairs in Youth Matters and on the Amendment of Certain Laws (Law on Judicial Matters in Youth Matters), as amended. § 363 to 365 of the Penal Code, as amended.
28) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '
6. Paragraph 4b, including the title and footnote 7, reads:
Reliability
(1) Reliable for the purposes of this Act is not one who has been repeatedly found guilty of intentional wrongdoing or conduct with the characteristics of an offence in the last 3 years
(a) on the health protection section against the harmful effects of addictive substances or a similar offence against road safety and continuity;
(b) on the defence section of the Czech Republic,
(c) against public policy;
(d) against civil coexistence;
(e) against property; or
(f) under the Weapons Act 7),
if his conduct, through which he committed an offence or with signs of an offence, is contrary to the mission of an officer under this law.
(2) The condition of re-recognition of guilty of an offence or conduct having the characteristics of an offence referred to in paragraph 1 shall be fulfilled if the decision on liability for any of the offences referred to in paragraph 1 or for conduct having the characteristics of such an infringement becomes final before the expiry of 3 years from the date on which another decision on liability for any of those offences committed by the same offender or for acts having the characteristics of one of those offences committed by the same offender became final.
(3) Furthermore, it is not for the purposes of this Act that the facts found suggest that he has established, supported, promoted or publicly sympathised with a movement that seeks to suppress the rights and freedoms of man or declares a national, religious or racial hatred or hatred against another group of persons.
(4) Reliability shall be demonstrated by a candidate for an officer's employment by a declaration of honour which may not exceed 3 months. The municipality shall be entitled to request, in order to verify the veracity of this affidavit, a copy of the criminal record kept by the Register of Penalties or an indication of any other record in which the data on the offences committed or conduct with the signs of offences referred to in paragraph 1 are kept. A request for the issue of a copy of the criminal record and a copy of the criminal record shall be sent in electronic form in a way that allows remote access.
(5) In order to assess the reliability of paragraph 3, the municipality shall be entitled to ask the Police Presidium of the Czech Republic for an opinion on the candidate for employment of an officer, a candidate or an officer. This opinion shall be maintained by the municipality for a period of 3 years after its transmission; that opinion cannot be further transmitted or made available.
(6) Within 15 days, the candidate or officer shall notify the person acting on behalf of the municipality in the employment relations referred to in Article 4 (2) in writing of the fact that he has been found guilty of committing an offence or conduct with the characteristics of the offence referred to in paragraph 1. The notification referred to in the first sentence shall be accompanied by a copy of the decision on the offence or conduct with the features of the offence.
7) Act No. 119 / 2002 Coll., on firearms and ammunition (Act on Weapons), as amended. '
7. In the third sentence of Paragraph 4d (3), the word "police 'is replaced by" police of the Czech Republic (police)'.
8. In the second sentence of Paragraph 4e (1), the words "and that 'are replaced by the words" at the earliest 6 months a'.
9. Paragraph 5a (1) reads as follows:
"(1) The municipality may transfer an officer to work as a candidate, another employee of the municipality assigned to the municipal police or another employee of the municipality from the date of notification
(a) a resolution initiating a prosecution or a record of a suspicion that would lead to a loss of integrity in the cases referred to in Paragraph 4a (1) or (2); or
(b) opening a procedure for the withdrawal of a certificate,
until such time as the decision in this proceedings becomes final. ';
10. In Paragraph 5a, the following paragraph 2 is inserted after paragraph 1:
"(2) In accordance with paragraph 1, the municipality shall, even if it ascertains the facts establishing a reason for transferring an officer to another work in a credible manner. '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
11. In the second sentence of Paragraph 5a (3) and in the introductory part of Paragraph 5a (4) of the provision, the words "other member of staff of the municipality included in the municipal police" shall be inserted after the words "work of the candidate."
12. In the second sentence of Article 5a (3), the words "paragraph 1 'are deleted.
13. The following Section 8a is inserted after Section 8:
Departure
(1) An officer who has performed his duties under this Act in a principal employment relationship for at least 15 years and has reached the age of 50 years shall be entitled to severance pay on termination of employment under § 48 (1) (a) or (b) of the Labour Code or under § 48 (2) of the Labour Code; This does not apply if the employment relationship ends in a statement under § 52 (f) to (h) of the Labour Code or by immediate termination of employment under § 55 (1) of the Labour Code or by agreement for the same reasons.
(2) For the purposes of the severance pay, the sum of all previous periods of employment when a member of the municipality's staff was assigned to the post of an officer, with the exception of the duration of the service which ended in termination under § 52 (f) to (h) of the Labour Code or by immediate termination of employment under § 55 (1) of the Labour Code or by agreement for the same reasons; those periods may be counted only once for the purposes of the severance payment.
(3) Until the duration of the employment referred to in paragraph 1, the duration of the service shall not be counted for the duration of the transfer of an officer to another work pursuant to § 41 of the Labour Code and § 5a, except in the case referred to in § 5a (3).
(4) The severance grants shall be paid by the municipality to which the officer is in employment on the date of termination referred to in paragraph 1.
(5) The basic amount of the severance payment shall be one of the average monthly earnings of the officer referred to in paragraph 1. For each completed year of employment referred to in paragraph 1 over a period of 15 years, the severance pay shall be increased by one third of the average monthly earnings of the officer; the total amount of the severance payment shall not exceed six times its average monthly earnings.
(6) The severance pay shall be paid by the municipality after the termination of the contract within the next payment deadline set by the municipality for the payment of the salary, unless the officer agrees to pay on the day of the termination of the contract or the later payment date.
(7) For the purposes of severance pay, average monthly earnings shall mean the average monthly earnings determined under the Labour Code.
(8) The severance allowance is not a salary component and is not counted for the purposes of determining the average earnings under the Labour Code. "
14. in the first sentence of Article 9 (1), the word 'officer' shall be inserted after the word 'identification number', and in the second sentence, the words' or 3b 'shall be replaced by' delegation ';
15. in the first sentence of Article 9 (2), the word "officer" shall be inserted after the words "identification number."
16. In Paragraph 10 (2), the words "without undue delay, but not later than 60 days' shall be inserted after the words" he is obliged '.
17. Paragraph 11 (1) reads:
"(1) The officer is entitled to a person who may contribute to the clarification of the facts relevant to the detection of an offence or conduct which has the characteristics of an offence, or its perpetrator, as well as to the determination of the actual state of the matter, to call upon
(a) to provide the necessary explanation;
(b) to appear at the designated point of explanation within a specified time; and
(c) to produce the documents or other necessary documents; the officer may, if necessary, obtain a copy of the document submitted or any other document. ';
18. In Article 11 (2), the words "or guardian 'shall be inserted after the word" representative' and the sentence "If their presence cannot be ensured and the case cannot be delayed, the presence of the worker of the child protection body must be ensured '.
19. in Article 11 (9), the words "applications or" shall be deleted;
20. In Article 11 (10), the words "in accordance with paragraph 1 (b) 'shall be inserted after the words" the explanation'.
21. In Paragraph 11, the following paragraph 11 is inserted after paragraph 10:
"(11) Where, pursuant to paragraph 2, a statement of explanation has been drawn up with a person under 15 years of age without his legal representative or guardian present, the officer shall inform that legal representative or guardian without undue delay. ';
Paragraph 11 shall become paragraph 12.
22. in Article 11a (1) (b) (4), the words "citizen of the municipality where" shall be replaced by the words "person against whom."
23. in Article 11a (1) (d):
'(d) the registration of civil certificates
1. the digital form of a citizen who was invited by an officer to prove his identity,
2. the numbers and, where applicable, the series of lost, stolen, destroyed or invalid civil certificates and the date on which they are declared lost, stolen or destroyed, ';
24. in Paragraph 11a, the following paragraph 2 is inserted after paragraph 1:
"(2) Furthermore, to the extent necessary for the performance of its tasks under this or special law, the municipal police shall be entitled to require the provision of data from public authorities on offences committed from other registers. ';
Paragraphs 2 to 7 shall be renumbered paragraphs 3 to 8.
25. in Article 11a (3) and (4), the words "surname" shall be added at the end of the text of point (a).
26. in the third sentence of Paragraph 11a (7), "4" is replaced by "5" and "1 year" is replaced by "no more than 3 years."
27. in Article 12 (1):
"(1) For the purposes of this Act, proof of the name, surname, date of birth, birth number, if assigned, address of the place of residence or residence and, if necessary, communication of other information pursuant to § 11a (2) to (5). The scope and method of the identification of personal data shall be proportionate to the purpose of the identification. ';
28. In Article 13, the words "if the officer cannot identify his identity in those cases by carrying out an on-the-spot operation shall be added at the end of the text of paragraph 1; the necessary cooperation to prove the identity of the officer shall be provided in a manner and to an extent that does not thwart the purpose of the action '.
29. In Article 13, the following paragraph 4 is inserted after paragraph 3:
"(4) The officer shall be entitled to bring a person to the nearest police department and outside the territory of the municipality which has established the municipal police or which is a party to a public contract pursuant to § 3a or 3b. Obligations and authorisations under the law may be performed by an officer only to the extent necessary to ensure the demonstration of a person. '
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
30. Footnote 10:
"10) § 60 of Act No. 500 / 2004 Coll., Administrative Regulation. '.
31. Paragraph 14, including the title and footnote 12, reads as follows:
Authorisation to call a person to issue a weapon and permission to withdraw a weapon
(1) An officer shall be entitled to call on a person to issue a weapon if it is necessary in order to protect public order, the life and health of persons or property and if there is a risk that weapons may be used by force or by threat of violence.
(2) After a previous futile call for a weapon, an officer is entitled to see if a person has a gun on him, and if he has a gun on him, take it away.
(3) The officer is also entitled to ascertain whether the person he is demonstrating or restricting to personal liberity11) or against whom the procedure is directed because of his aggressive behaviour is not carrying a weapon and, if the weapon is carrying it, remove it.
(4) The officer who issued the weapon or to whom the weapon has been removed pursuant to paragraphs 1 to 3 shall issue a certificate of acceptance of the weapon. A firearm issued or taken subject to registration under the Arms Act (7) shall be handed over by an officer to the nearest police department whose name and address shall be indicated in the certificate referred to in the first sentence.
(5) A weapon issued or taken pursuant to paragraphs 1 to 3, with the exception of a firearm subject to registration under the Weapons Act (7), shall be returned by the officer against the signature of the person on release, unless legal reasons prevent it, or be handed over with the person to the police; an official record of the issue or withdrawal of the weapon shall be drawn up by the officer.
(6) If the reasons for the issue or withdrawal of the weapon referred to in paragraphs 1 to 3 have ceased to exist and the other legal grounds do not prevent it, the weapon shall be returned to the person who issued it or to whom it has been withdrawn, if the person has applied for the return of the weapon to the municipal police office and if the firearm is subject to registration under the Arms Act (7), to the police department indicated in the receipt certificate.
(7) Weapons are anything that can be used to make an attack against the body more force12).
12) § 118 of the Criminal Code. '.
32. In Article 15 (1), the first sentence is replaced by the following: "The officer shall be entitled to order everyone not to enter or stay in designated posts for the necessary period of time or to remain in the designated place for a period of time, if life, health, property or public order is at risk and if the performance of the tasks of the municipal police so requires."
33.
"13) For example § 43 of Act No. 273 / 2008 Coll. '.
34. The heading of Section 17 reads: "Authorisation to call a person to issue a case and the right to withdraw the case."
35. in Paragraph 17 (1), including footnotes 14 and 15:
"(1) The officer shall be entitled to call upon the person to issue the case if he / she can be considered to be subject to an infringement procedure (14) or may be prevented (15), or if it is an important case for infringement proceedings.
14) Article 48 of Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings, as amended.
15) Article 53 of Act No. 250 / 2016 Coll., as amended. '
36. In Paragraph 17, the sentence "After a previous futile call for extradition pursuant to paragraph 1, an officer may withdraw the case shall be added to the beginning of paragraph 2. '.
37. in Article 17a (3):
"(3) The technical means of preventing the vehicle leaving shall be removed without undue delay.
(a) after hearing the offence by an on-the-spot order;
(b) if the person who left the vehicle on site proves his identity to the officer in accordance with Article 12; or
(c) after the operations necessary to establish the identity of the vehicle operator, where another authorised person has requested the removal of the technical means of preventing the departure of the vehicle, demonstrating a legal relationship with the vehicle or its operator. ";
38. in Article 17a (4) (b), the words "armed security corps," shall be replaced by the words "security corps, units."
39. in Paragraph 18a (1) (c):
"(c) against a person who physically attacks another person or officer, endangers his own life or health, damages foreign property or tries to escape during or immediately after the operation of an officer."
40. In Paragraph 20 (3), the words "special law 'are replaced by the words" arms law'.
41. In Paragraph 20, the sentence "The officer is entitled to carry only a service weapon at work at the end of paragraph 3; this is not the case if the officer wears a category D gas or mechanical weapon in accordance with the gun law7), which is owned by the municipality, in the performance of certain activities under veterinary law29)."
Footnote 29 reads:
"29) § 42 of Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts (Veterinary Act), as amended."
42. Footnote 19 reads as follows:
"19) § 138 of the Criminal Code. '.
43. The heading "Processing of personal data and information" is inserted above Section 24a.
44. The following Section 24c is inserted after § 24b:
(1) The municipal police, in connection with the detection of an offence pursuant to Article 2 (h) and an offence which the municipal police, under a specific law, are entitled to discuss with an on-the-spot order, may require:
(a) an extract from the criminal record or a copy from the criminal record kept by the criminal record or an indication from another record showing the offences committed, in cases where the previous penalty could lead to an assessment of the offence as a criminal offence;
(b) conduct an indicative examination where alcohol or other substance is suspected of being affected by a breath test or by saliva or sweat collection;
(c) professional medical examination for the detection of alcohol or other addictive substances, including blood, urine, saliva or sweat, even if the person cannot be called upon in advance for his or her medical condition to endure the relevant operations; or
(d) other professional observations.
(2) The tasks referred to in paragraph 1 (b) shall be: (b) or (c) the person is required to submit, unless it is associated with a danger to his health.
(3) An application for an extract from the criminal record or a copy from the criminal record and an extract from the criminal record or a copy from the criminal record shall be transmitted in electronic form in a manner enabling remote access. ';
45. Paragraph 25 reads:
(1) The law enforcement authorities shall notify the municipality of the initiation of the prosecution of a suspected criminal offence and shall send copies of their decisions establishing the loss of integrity of the officer pursuant to § 4a (1) or (2) to the Ministry and the municipality. The law enforcement authorities shall send copies of other decisions which have ended the criminal prosecution of the officer to the municipality.
(2) The Ministry shall notify the municipality of the initiation of the withdrawal procedure without undue delay.
(3) The Central Authority of the State Administration, the Regional Office and the Municipality shall, without undue delay, send to the Ministry a copy of the decision establishing a loss of officer's reliability pursuant to § 4b. The decision establishing the loss of reliability of the candidate or officer shall be sent by the county authority and the municipality to the municipality to which the candidate or officer is employed.
(4) The municipality shall, without undue delay, send to the Ministry a copy of the medical report establishing the loss of medical fitness of the officer in accordance with § 4c.
(5) The municipality shall notify the Ministry within 15 days of the termination of the officer's employment. '
Article 46 (26b) shall be deleted;
47. Paragraph 27 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
48. in Paragraph 27 (2):
"(2) The Ministry may, in exercising its competence under paragraph 1, require the municipality to provide the necessary information. ';
49. In Article 27, the following paragraph 4 is added:
"(4) The Ministry, within its jurisdiction, provides the municipalities with methodological assistance in the field of municipal police."
50. § 27a reads:
(1) A natural person or legal person engaged in an infringement shall, contrary to Article 17c (4), not allow an officer to enter the posts referred to in Article 17c (1) to (3).
(2) The municipality commits an infringement by:
(a) entrust the tasks of the municipal police to a natural person who is not certified;
(b) entrust the task of the municipal police to a natural or legal person; or
(c) shall not ensure that uniform uniforms, the identification of motor vehicles and other means of transport by municipal police contain uniform elements.
(3) A fine of up to CZK 100,000 shall be imposed for the offence referred to in paragraph 1.
(4) A fine of up to CZK 20,000 may be imposed for the offence referred to in paragraph 2.
(5) A warning may not be imposed for the offence referred to in paragraph 1. The administrative penalty referred to in paragraph 1 may not be waived in the decision on the offence. ';
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Regulation Information
| Citation | Act No. 261 / 2020 Coll., amending Act No. 553 / 1991 Coll., on Municipal Police, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.06.2020 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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