Act No. 273 / 2008 Coll.
Law on the Police of the Czech Republic
Valid
Law
Effective from 01.01.2009
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
HLAVA II
§ 5
§ 6
§ 7
§ 7a
§ 7b
§ 8
HLAVA III
§ 9
§ 10
§ 11
§ 12
§ 13
HLAVA IV
Díl 1
§ 14
§ 15
§ 16
§ 17
Díl 2
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 23a
HLAVA V
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
HLAVA VI
§ 34
§ 34a
§ 35
§ 36
§ 36a
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 42a
§ 42b
§ 42c
§ 42d
§ 43
HLAVA VII
§ 44
§ 45
§ 46
§ 47
HLAVA VIII
§ 48
§ 49
§ 50
HLAVA IX
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
HLAVA X
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 65a
§ 66
§ 66a
§ 67
§ 68
§ 69
§ 70
§ 71
§ 71a
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 79a
§ 80
§ 80a
§ 80b
§ 80c
§ 81
§ 82
§ 84
§ 84a
§ 84b
§ 84c
§ 84d
§ 87
§ 88
§ 88a
§ 88b
§ 88c
§ 88d
HLAVA XI
§ 89
§ 90
§ 90a
§ 90b
§ 91
§ 92
§ 93
§ 94
HLAVA XII
§ 95
§ 96
HLAVA XIII
§ 97
§ 98
HLAVA XIV
§ 99
§ 100
HLAVA XV
§ 101
§ 102
ČÁST TŘETÍ
§ 108
§ 109
§ 110
§ 111
§ 112
§ 113
§ 114
§ 115
§ 116
§ 117
§ 117a
§ 117b
§ 119
§ 120
ČÁST ČTVRTÁ
§ 121
§ 122
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273
THE LAW
of 17 July 2008
o Police of the Czech Republic
Parliament has decided on this law of the Czech Republic:
POLICE OF THE CZECH REPUBLIC
STABILITY AND ACTIVITIES OF THE CZECH REPUBLIC'S POLICE
The police of the Czech Republic (police) is a unified armed security corps.
The police serve the public. Its task is to protect the security of persons and property and public order, to prevent crime, to carry out tasks under the Code of Criminal Procedure and to carry out other tasks in the internal order and security section entrusted to it by the law, directly applicable European Union regulations or international treaties forming part of the Code of Law ("the International Treaty ').
The police operate on the territory of the Czech Republic, unless this law or other legislation provides otherwise.
(1) Police officers (police officers) 1) and staff 2) are assigned to the police (police staff).
(2) The Minister of the Interior (hereinafter referred to as "the Minister") may invite police officers to carry out their duties
(a) Ministry of the Interior ("Ministry"),
(b) the Police Academy of the Czech Republic; or
(c) at a school or school establishment which is not an organisational part of the police.
POLICE MANAGEMENT AND ORGANISATION
(1) The police are subordinate to the Ministry.
(2) The Ministry creates the conditions for carrying out police tasks.
(3) The Police President is responsible for the police activities of the Minister.
(1) The police shall comprise the departments:
(a) the Police Presidium of the Czech Republic ("the Police Presidium"), headed by the Police President,
(b) national police services,
(c) Regional Police Directorate ("Regional Directorate"),
(d) services set up within the Regional Directorate.
(2) The police services referred to in paragraph 1 (b) shall establish a Minister on a proposal from the Police President. The police services referred to in paragraph 1 (d) shall, on a proposal from the Director of the Regional Directorate, establish a police president.
(3) The Police Presidium is governed by the activities of the Police.
The police presidium and the national police services are considered to be part of the state and entity of the Ministry when dealing with the property of the Czech Republic and in legal relations.
Management of assets between state organisational units
The Ministry of Finance may decide to dispose of the property owned by the Czech Republic between the organisational units of the State which are part of the police or between the Ministry and these organisational elements of the State, by leaving it to use or change the jurisdiction to operate, if necessary in connection with the performance of the police task.
Management of assets in emergency or emergency situations
(1) The organizational component of the State may, in the context of an emergency or emergency situation, transfer a movable item from the ownership of the Czech Republic to the ownership of a local self-government unit or other legal person or natural person free of charge. The provisions of § 14 (7), § 19b, 19c and 21 to 23 of the Act on the Property of the Czech Republic and its Presence in Legal Relations 35) shall not apply.
(2) The organizational component of the State may allow the free use of the movable property owned by the Czech Republic in total or by another legal person or natural person in connection with the resolution of an emergency or crisis situation or the removal of its consequences to the extent necessary. Paragraph 14 (7), § 19b, 19c and 27 of the Act on the Assets of the Czech Republic and its Presence in Legal Relations (35) shall not apply.
(1) The Regional Directorate is an organisational body of the State and an entity whose revenue and expenditure are part of the budget chapter of the Ministry. Head of the Regional Directorate is the Regional Director, who is also head of the state's organisational department. The police services established under its responsibility are internal organisational units of the Regional Directorate.
(2) 14 Regional Directorates are established in the police, whose names and registered offices are listed in the Annex to this Act. The territorial district of the Regional Directorate is the same as the territorial district of the higher local authority.
BASIC OBLIGATIONS
Politeness
A police officer and a police officer shall, in the performance of their duties, comply with the rules of courtesy and respect for the honour, dignity and dignity of persons and their own.
Initiative
(1) In the event of a threat or breach of internal order and security, the removal of which falls under the responsibility of the police, a police officer or a police staff member shall be obliged to carry out an act within the limits of his authority (hereinafter referred to as "act ') or take other measures to eliminate the threat or breach.
(2) A police officer shall be required to do so in accordance with paragraph 1 even at an off-duty period where the life, health or freedom of persons or property or where an attack on these values is imminent.
(3) In the event of a threat to or breach of internal rules and security, the competent other public authority and the risk of delay shall be obliged to take appropriate measures to eliminate the imminent danger and to notify the competent public authority, if necessary, in the event of a threat or breach of internal rules and security. If there is no danger of delay, the officer on duty or a police officer shall inform that authority of such threat or breach without undue delay.
(4) A police officer shall not be obliged to carry out an action or other action if:
(a) carry out another operation, in particular:
1. carry out tasks involving the operational means of search (3) or operational means of search;
2. Chases a criminal,
3. act under uniform command,
4. carry out a cryptographic or courier service in which the timely transmission of encrypted messages or goods may be compromised;
5. perform the task of using explosives or explosive articles;
6. ensures the safety of protected objects, spaces or persons;
7. carry out training and preparation for the use of an operationally search engine or support operational search engine; or
8. receives knowledge from the interest environment under § 70;
whose interruption or termination would appear to have more serious consequences than the failure to fulfil those obligations,
(b) his abilities are reduced as a result of his medical condition or the influence of medicines or other substances, so that the proper execution or completion of an operation or other measure would be jeopardised;
(c) has not been trained or trained to carry out an act or other measure and the nature of the act or other measure requires such training or training; or
(d) it is clear that the action or other measure cannot be successfully completed.
(5) Where circumstances permit, a policeman shall be obliged to use the words' Name of the Law 'and the corresponding challenges before carrying out an act in which there is direct enforcement of a legal obligation or direct protection of rights, using force or threat of its use ("the procedure').
Proportionality of the procedure
Police officer and police employee are required
(a) ensure that no person is harmed unfounded as a result of their action;
(b) ensure that their decision not to carry out an act does not give rise to unfounded damage to persons whose safety is at risk;
(c) to proceed in such a way that any interference in the rights and freedoms of the persons against whom the action is directed, or persons not involved, does not exceed the necessary level to achieve the purpose pursued by the action.
Proof of jurisdiction
(1) In carrying out the operation, the police officer shall be required to demonstrate his / her competence with the police by means of a service uniform, a service pass or a police badge on which the identification number must be clearly visible. A police officer shall, when carrying out an act, demonstrate his or her competence to the police by means of a police staff member with a clearly visible identification number.
(2) Where the nature or circumstances of the operation do not permit proof of jurisdiction in accordance with paragraph 1, the officer shall prove his or her affiliation with the police by oral declaration "police '; This does not apply if the nature or circumstances of the operation also obstruct the oral declaration. In accordance with the procedure referred to in paragraph 1, the officer shall be proved as soon as the circumstances of the operation permit.
(3) There is no obligation to prove that a police officer is a police officer who rightly conceals that competence.
Lessons
The police officer shall, before carrying out the operation, instruct the person concerned by the act on the legal grounds for the execution of the operation and, if the action involves interference with the rights or freedoms of the person, his rights and obligations. Where the nature and circumstances of an action are obstructed, the latter shall, as soon as the circumstances permit, instruct or provide such information.
COOPERATION AND OTHER POLICE RELATIONS
Cooperation
In carrying out their duties, the police shall cooperate with the armed forces, the security forces and other public authorities, as well as with legal and natural persons.
In the context of cooperation, the police shall in particular draw the attention of the authorities and persons referred to in Article 14 to facts which affect their activities and which may lead to a threat or breach of internal order and security, unless otherwise provided for in this law or other legislation.
Cooperation with municipalities
(1) The police department designated by the Police President may conclude a written coordination agreement with the municipality or the municipality of the capital of Prague in order to establish a common procedure for the provision of local public order matters.
(2) Local regional directorates may conclude a written coordination agreement with the City of Prague in order to establish a common procedure to ensure local public order matters.
(3) The coordination agreement includes in particular:
(a) forms and instruments of continuous coordination between the municipality and the police department in securing local public order issues in the municipality;
(b) the tasks of the municipality and the police department in the field of prevention of infringements of public policy in the municipality;
(c) the tasks of the municipality and the police department in the breach of public policy in the municipality,
(d) the share of the municipality and the police department in ensuring that the tasks referred to in (b) and (c) are carried out;
(e) the forms and instruments for evaluating the performance of the tasks referred to in points (b) and (c) and for addressing any deficiencies identified;
(f) the period for which it is closed,
(g) the provision of funds.
Cooperation with other legal and natural persons
Police cooperate with legal and natural persons
(a) carrying out activities in the region;
1. prevention of crime and social pathology,
2. educational activities on internal order and security,
3. providing support, care and assistance to victims of crime,
4. mitigation of the consequences of criminal offences; or
5. prevention and management of emergency situations 4) and incidents on the internal order and security section;
(b) working with criminals and persons with a socially pathological or similar risk-taking behaviour; or
(c) carrying out other activities to ensure internal order and security.
Other relationships
Requesting assistance from persons and authorities
To the extent necessary for the performance of a particular police task, the police officer shall be entitled to request material and personal assistance from the authorities and persons referred to in Section 14, in particular the necessary supporting documents and information, including personal data. Those authorities and persons shall be obliged to provide the assistance requested; they do not have to do so if they are prevented from doing so by a legal or State-recognised obligation of secrecy or by the performance of another legal obligation. A natural person may no longer do so if, by providing assistance, he would put himself or someone close to him at serious risk.
Technical support
(1) The police may technically ensure the use of intelligence or risk and security techniques (5), or the monitoring of persons and goods at the request of a State authority authorised to use such equipment.
(2) In the application, the State authority shall demonstrate that the use of intelligence or the monitoring of persons and goods is permitted under another legislation.
Police involvement in, and preparation for, the integrated emergency response system
(1) The performance of emergency and crisis management tasks includes the preparation of police for them.
(2) The police, as an essential component of the integrated rescue system, carry out the tasks under this law at the site of the rescue and liquidation operations.
(3) The police officer or police department is involved in the implementation of rescue and liquidation operations, including the air support of the integrated rescue system and air support in crisis situations,
(a) if they are trained and equipped to do so;
(b) where it is necessary to save life, health or property; and
(c) if they are designated by the police president.
Providing protection and synergies in execution and enforcement
(1) The police will provide protection to the person in charge of the execution of the decision, provided that:
(a) it may not execute a decision on grounds of a threat to its life or health; and
(b) request such protection.
(2) The police will provide the executor with synergies in the execution activities and protection in the execution of the execution. The police will provide protection for costs in case the executor can obtain protection otherwise.
(3) The application for protection shall state the specific reasons on which concerns about the life or health of the person arise.
Invitation of soldiers, members of the Czech Prison Service and Customs Administration to carry out police tasks
(1) If the forces and means of the police are not sufficient to ensure internal order and security, the Government of the Czech Republic may invite soldiers in active service and members of the Czech Prison Service or the Customs Administration of the Czech Republic to carry out the police tasks. Soldiers and members may be summoned for the time necessary.
(2) The soldiers and members called pursuant to paragraph 1 shall have the authority and duties of a police officer in the performance of their duties; the Government of the Czech Republic may limit the scope of these authorisations and obligations.
(3) The soldiers and members called pursuant to paragraph 1 shall demonstrate their competence to carry out the duties of the police by their prescribed uniform with the external designation "POLICE," a card certifying the authorisation to carry out the duties of the police and, where appropriate, an oral declaration. In doing so, they shall proceed in accordance with Section 12.
(4) By decree, the Ministry sets out the model of the external designation "POLICE" and the certificate certifying the authorisation to carry out police tasks and the method of proving jurisdiction.
Publication of information by mass media
The radio or television broadcaster and the publisher of the periodical press shall be obliged to publish, without delay and without modification of the content and meaning, information on the serious threat to the life and health of persons, property or public order, without reimbursement of costs at the request of the police.
Emergency communication
(1) The police ensure continuous and prompt reception of calls to the national emergency number 158, calls transmitted by the operational centres of the essential components of the integrated emergency system and calls notified through other emergency communication services (hereinafter referred to as "emergency communication") and response to emergency communication through operational management.
(2) For the purposes of this Act, operational management shall mean the operation of operational centres set up by the police services, in particular the reception and evaluation of emergency communications and the follow-up of management, organisational and other activities for the purpose of carrying out the tasks referred to in Section 2.
(3) When receiving emergency communications, police use information about the location of the communicator, obtained from a communication network or telecommunications terminal.
(4) For operational management purposes, the police shall be entitled to require the essential components of the integrated emergency system to record emergency communications made to a single European emergency number or national emergency number.
(5) A record of emergency communication may be transmitted by the police to the integrated rescue system if necessary to perform its specific task. The alert may also be transmitted to a public authority at its written request to the extent necessary for the exercise of that authority's competence.
LIMITATION OF PERSONAL FREEDOM
General provisions
(1) A person limited to freedom by a police officer must not be subjected to torture or cruel, inhuman or degrading treatment and must not be treated in a manner which does not respect human dignity. A policeman who witnesses such treatment shall be obliged to take measures to prevent such treatment and to notify it without delay to his superior.
(2) At the request of a person limited to freedom, the police will inform the person close to him or another person designated by the person restricted to freedom. Where a minor is involved, the person whose incapacity has been restricted shall also inform the legal representative or guardian of that person. In the case of a person under 15 years of age, he / she shall also inform the social protection body of the children. If a soldier is on duty, he will also inform the Military Police. The police will make an announcement immediately.
(3) The notification referred to in paragraph 2 shall not be made by the police if this would jeopardise the purpose of the serious action or if such notification would be accompanied by disproportionate difficulties. It shall inform the local prosecutors in writing without undue delay. The person referred to in paragraph 2 shall be notified as soon as the obstacle referred to in the first sentence has passed.
(4) A person limited to freedom has the right to obtain legal aid (46) and to speak to a legal representative without the presence of a third party. To that end, the police officer shall provide the necessary cooperation without delay if requested by that person.
(5) A person limited to freedom shall have the right to be examined or treated by a doctor of his choice; This does not apply to examination by a doctor to determine whether it can be placed in or released from a police cell. The police will allow the doctor to access this person for treatment or examination.
Fasten
(1) A police officer is entitled to limit the possibility of free movement of a person who physically attacks a police officer or another person, endangers his own life, damages property or attempts to escape, handcuffed to an appropriate object, in particular by means of handcuffs.
(2) The restriction referred to in paragraph 1 shall be terminated when it is clear that a person will not repeat the conduct referred to in paragraph 1, but no later than 2 hours after the time of attachment.
Security of the person
(1) The officer is hereby authorised to provide the person who:
(a) directly endangers the life, life or health of other persons or property by acting;
(b) intentionally polluting or harming property or verbally insulting a police officer or another person in a police department building;
(c) be presented in accordance with another legislation6),
(d) she has escaped the execution of a prison sentence, of a protective treatment, of a constitutional education, of an interim measure or of a protective education or of a protective detention;
(e) in the demonstration, resisted or attempted escape;
(f) has been found in an act which has the characteristics of an offence, if there is a reasonable concern that the infringement will continue or thwart proper clarification of the matter;
(g) is not criminally responsible and has been caught in an act which has the characteristics of an offence, if there is a reasonable concern that the infringement will continue or thwart proper clarification of the matter;
(h) is a minor if it is necessary for her to return to parental or other equivalent care to her legal representative; or
(i) has been apprehended following persecution pursuant to § 92 by a foreign security officer.
(2) A police officer shall immediately release the person, unless otherwise provided for in this law, after the reason for the detention. Where there is a legal reason for doing so, it shall forward the person to the competent authority or the establishment for the exercise of the protection measure.
(3) Security may last for a maximum of 24 hours from the time of the restriction of personal freedom; However, the security referred to in paragraph 1 (i) shall not last more than 6 hours unless the competent authority of a foreign State requests the restriction of a person in freedom for the purpose of extradition or surrender, the hours between midnight and 9 a.m. shall not be counted.
(4) Where a police officer ascertains a minor or a non-criminal person, he shall immediately inform his / her legal representative, guardian or educational or educational establishment from which he / she has escaped, or any other similar establishment in which he / she is located by decision of the court or by agreement of the legal representative or guardian. The legal representative, guardian or the said establishment shall be obliged to arrange for the removal from the department in which the person is secured without undue delay. If the police exceptionally ensure that a person is transferred alone, that person, his legal representative or guardian shall be obliged to pay the cost of the transfer. The police will transfer the person who escaped the performance of constitutional education, protective education or interim measures to the nearest detention centre of the diagnostic institute unless the school facility from which the person escaped is closer to the detention centre.
(5) An official record of the security shall be drawn up by the officer.
Foreign collateral
(1) A police officer is entitled to provide a stranger if:
(a) an alien has committed an act for which a stay in the Czech Republic may be terminated or an administrative expulsion procedure initiated;
(b) an administrative expulsion procedure has been initiated and the police officer finds the reason for securing a stranger under another legislation (8);
(c) the alien is to be expelled according to the enforceable decision; or
d) there is reason to believe that the alien has entered or is residing illegally in the Czech Republic.
(2) A police officer shall inform without undue delay the authority which decides to terminate the stay in the Czech Republic or on administrative expulsion. The police officer shall be entitled to arrange for the alien to be provided until such time as that authority delivers the decision to terminate the stay.
(3) The security referred to in paragraph 1 may take no more than 24 hours from the time of the restriction of personal freedom. The security referred to in paragraph 2 may take no more than 48 hours from the time of the restriction of personal freedom. The total duration of the collateral referred to in paragraphs 1 and 2 shall not exceed 48 hours from the time of the restriction of liberty.
Police cells
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
HLAVA II
§ 5
§ 6
§ 7
§ 7a
§ 7b
§ 8
HLAVA III
§ 9
§ 10
§ 11
§ 12
§ 13
HLAVA IV
Díl 1
§ 14
§ 15
§ 16
§ 17
Díl 2
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 23a
HLAVA V
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
HLAVA VI
§ 34
§ 34a
§ 35
§ 36
§ 36a
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 42a
§ 42b
§ 42c
§ 42d
§ 43
HLAVA VII
§ 44
§ 45
§ 46
§ 47
HLAVA VIII
§ 48
§ 49
§ 50
HLAVA IX
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
HLAVA X
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 65a
§ 66
§ 66a
§ 67
§ 68
§ 69
§ 70
§ 71
§ 71a
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 79a
§ 80
§ 80a
§ 80b
§ 80c
§ 81
§ 82
§ 84
§ 84a
§ 84b
§ 84c
§ 84d
§ 87
§ 88
§ 88a
§ 88b
§ 88c
§ 88d
HLAVA XI
§ 89
§ 90
§ 90a
§ 90b
§ 91
§ 92
§ 93
§ 94
HLAVA XII
§ 95
§ 96
HLAVA XIII
§ 97
§ 98
HLAVA XIV
§ 99
§ 100
HLAVA XV
§ 101
§ 102
ČÁST TŘETÍ
§ 108
§ 109
§ 110
§ 111
§ 112
§ 113
§ 114
§ 115
§ 116
§ 117
§ 117a
§ 117b
§ 119
§ 120
ČÁST ČTVRTÁ
§ 121
§ 122
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Regulation Information
| Citation | Act No. 273 / 2008 Coll., on Police of the Czech Republic |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.08.2008 |
|---|---|
| Effective from | 01.01.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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