What is Act No. 274 / 2008 Coll.?

Act No. 274 / 2008 Coll., amending certain laws in connection with the adoption of the Law on the Police of the Czech Republic — Act amending certain laws in connection with the adoption of the Police Act of the Czech Republic.

When it became Act No. 274 / 2008 Coll. effectiveness?

Act No. 274 / 2008 Coll. became effective 01.01.2009.

Is Act No. 274 / 2008 Coll. still valid?

Yes, Act No. 274 / 2008 Coll. is still valid and effective.

How many times was it Act No. 274 / 2008 Coll. amended?

Act No. 274 / 2008 Coll. has 14 time versions of the text.

Act No. 274 / 2008 Coll.

Act amending certain laws in connection with the adoption of the Police Act of the Czech Republic

Valid Law Effective from 01.01.2009

Text versions: 01.01.2026 01.04.2024 01.07.2017 31.05.2017 01.08.2016 All versions (13)

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274

THE LAW

of 17 July 2008

amending certain laws in connection with the adoption of the Police Act of the Czech Republic

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Sport Support Act

Čl. I

In Act No. 115 / 2001 Coll., on the promotion of sport, as amended by Act No. 219 / 2005 Coll. and Act No. 186 / 2006 Coll., the following Sections 7a to 7e are inserted after Section 7, including the headings and footnotes No 3:

„§ 7a

Obligations of the sports equipment operator

(1) The owner of a sports facility (hereinafter referred to as "owner") is required, if necessary for the safety of persons and property in a sports facility, to issue and publish a rules of visit in which, according to local conditions, he lays down, in particular, rules on the entry of visitors to a sports facility and rules on the behaviour of visitors and persons directly carrying out the organizational service in a sports facility.

(2) If the safety of persons or property in a sports facility is seriously compromised and, despite all measures taken by the owner, there will be no restoration of peaceful condition, the owner is obliged to suspend or terminate an ongoing sports business and request cooperation with the police of the Czech Republic without undue delay.

(3) If there is a serious threat to the safety of persons or property in a sports facility as a result of the fact that the owner has not taken all measures and the peaceful state is forced to restore the Police of the Czech Republic, the reimbursement of the costs incurred by the Police of the Czech Republic belongs.

§ 7b

Approval of the Ministry of Interior

(1) If the owner seriously infringes the obligation under § 7a, the Ministry of the Interior may decide, on notification by the municipal authority or on its own initiative, that a particular sports undertaking shall be carried out without the participation of visitors for up to 1 year.

(2) At the request of the owner, the Ministry of the Interior may decide to shorten the period referred to in paragraph 1 if the owner proves that he has taken appropriate measures to ensure the safety of persons or property in a sports establishment.

§ 7c

Control

(1) The Ministry of the Interior exercises control over compliance with the conditions laid down in the decision issued pursuant to § 7b.

(2) The Municipal Office shall exercise, in its delegated capacity, control over compliance with the obligations of the owner under Section 7a.

§ 7d

Transfers

(1) As owner, a natural person commits an offence by:

(a) in breach of Paragraph 7a (1), it shall not issue or publish the Visiting Rules;

(b) in the cases referred to in Section 7a (2), it shall not interrupt or terminate an ongoing sports undertaking or, without undue delay, request cooperation from the police of the Czech Republic; or

(2) A fine of up to 50 000 CZK may be imposed for the offence referred to in paragraph 1 (a), a fine of up to 500 000 CZK for the offence referred to in paragraph 1 (b) and a fine of up to 1 000 000 CZK for the offence referred to in paragraph 1 (c).

§ 7e

Administrative offences of legal and business natural persons

(1) A natural person, whether legal or legal, as owner, commits an administrative offence by:

(a) in breach of Paragraph 7a (1), it shall not issue or publish the Visiting Rules;

(2) For an administrative offence referred to in paragraph 1 (a), a fine of up to 100 000 CZK shall be imposed, for an administrative offence referred to in paragraph 1 (b), a fine of up to 1 000 000 CZK, and for an administrative offence referred to in paragraph 1 (c), a fine of up to 2 000 000 CZK.

§ 7f

Common provisions on administrative offences

(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.

(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.

(3) The liability of a legal person for an administrative offence shall cease if the administrative authority has not initiated proceedings against him within 1 year of the date on which he became aware of it, but no later than 3 years from the date on which he was committed.

(4) Administrative offences under this Act shall be dealt with at first instance by the Municipal Office.

(5) The provisions of the Liability and Punishment Act are applicable to liability for acts which have taken place in the course of or directly related to the business of a natural person (3).

(6) The fines are collected and enforced by the authority which imposed them. The income from fines is the income of the municipality.

3) Paragraph 2 (2) of the Commercial Code. '

Čl. II

Transitional provision

The owner of the sports equipment is obliged to issue and publish the Visiting Regulations pursuant to § 7a (1) of Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, no later than 3 months after the date of entry into force of this Act.

ČÁST TŘETÍ

Amendment of the municipal police law

Čl. V

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. and Act No. 267 / 2006 Coll., is amended as follows:

1. Paragraph 1 (3) is deleted.

Paragraphs 4 to 6 shall become paragraphs 3 to 5.

2. Paragraph 1 (3) to (5), including footnotes 3, 4 and 4a, reads as follows:

"(3) The municipal police cooperate to the extent provided for by this law or by a special law with the Police of the Czech Republic (hereinafter the" police "), state authorities and authorities of local authorities.

(4) The municipal police set up by a municipality, which is a municipality) or a statutory town4), and in the capital of Praze4a) are referred to as urban police.

(5) The municipal police may also carry out the tasks assigned to it in the territory of another municipality, provided that this or the special law so provides.

3) Article 3 of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 234 / 2006 Coll.

4) Article 4 of Act No. 128 / 2000 Coll., as amended by Act No. 313 / 2002 Coll. and Act No. 234 / 2006 Coll.

4a) Paragraph 1 (4) of Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended by Act No. 311 / 2002 Coll. '

3. The following Section 1a is inserted after Section 1:

„§ 1a

(1) The municipal police are composed of the staff of the municipality assigned to the municipal police, who

(a) satisfy the conditions of Article 4 (1) (a) to (e) (hereinafter referred to as "the expectant");

(b) satisfy the conditions of Article 4 (1) (hereinafter referred to as "the officer");

(2) The staff of the municipality referred to in paragraph 1 (a) and (c) may not:

(a) exercise the officer's authority;

(b) establish jurisdiction with the municipal police pursuant to § 7 (2) and (3) and § 9. ';

4. paragraphs 2 and 3, including footnotes 5 and 5a, read:

„§ 2

Municipal police in the security of local public order matters and other tasks under this or special law

(a) contribute to the protection and security of persons and property;

(b) supervise compliance with the rules of civil cohabitation;

(d) participate, within the scope laid down by this or by a special law, in the supervision of road safety and traffic continuity;

(e) participate in compliance with the law on the protection of public order and, to the extent of its obligations and powers laid down by this or by a special law, take measures to restore it;

(f) involved in crime prevention in the municipality;

(g) oversees compliance with cleans5) in the municipality,

(h) to detect offences and other administrative offences under the jurisdiction of the municipality;

(i) provide the Ministry of the Interior (hereinafter referred to as "the Ministry") with information on the municipal police on request for the processing of statistical data.

§ 3

(1) The municipal police are run by the mayor or by another member of the council of the municipality appointed by the council of the municipality.

(2) On the basis of a proposal from a person referred to in paragraph 1, the council of the municipality may delegate certain tasks to the local police of a designated officer. The appointment of a designated officer shall be subject to the submission of a negative lustration certificate under the law governing certain additional conditions for the performance of certain functions in the State institutions and organisation5a).

5) § 34 of Act No. 128 / 2000 Coll.

5a) § 8 of Act No. 451 / 1991 Coll., laying down certain additional conditions for the performance of certain functions in the state bodies and organisations of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic. "

5. In Paragraph 3a (2), the words "for their validity 'are replaced by the words" for their closure or change of content'.

6. Paragraph 3a (4), including footnote 7, is deleted.

Paragraph 5 shall become paragraph 4.

7. the following Sections 3b and 3c are inserted after Section 3a, including footnote 6:

„§ 3b

(1) In order to carry out the tasks referred to in Article 2 in the territory of a municipality where a state of danger, an emergency situation or a state of threat (hereinafter referred to as "emergency state") is declared, the mayor of a municipality in whose territory a state of emergency is declared is entitled to conclude a public contract with the mayor of another municipality for the provision of officers.

(2) The public contract referred to in paragraph 1 shall include in particular:

(a) the names of the municipalities which are parties to the public contract;

(b) the legal title for the conclusion of a public contract referred to in paragraph 1;

(d) the time period for which officers are provided,

(e) the definition of specific tasks performed by officers.

§ 3c

(1) The Mayor of the municipality in whose territory a state of crisis is declared,

(a) inform the captain of the county on whose territory the municipality is located before using the officers provided;

(b) manage the activities of the officers provided, unless the mayors of the municipalities concerned agree otherwise.

(2) The officers provided shall be authorised to carry out the tasks referred to in Article 2 in the territory of the municipality in whose territory the emergency situation is declared by a written certificate issued by the mayor referred to in paragraph 1.

(3) The written confirmation shall contain:

(a) the officer's identification number;

(b) the name of the municipality to which the officer is employed;

(4) The written confirmation expires on the end of the crisis.

(5) The municipality referred to in paragraph 1 shall be responsible for the damage suffered if it was caused in connection with the work of the officers provided.

6) Constitutional Act No. 110 / 1998 Coll., on Security of the Czech Republic, as amended by Constitutional Act No. 300 / 2000 Coll. Act No. 240 / 2000 Coll., on crisis management and amending certain laws (Crisis Act), as amended. '

8. § 4 to 4b, including the headings and footnotes No 7, reads:

„§ 4

(1) A citizen of the Czech Republic, who

(a) is righteous;

(b) is reliable;

(d) is medically fit;

(e) achieve secondary education with a graduate examination; and

(f) it has a certificate of compliance with the specified professional conditions (hereinafter referred to as the certificate).

(2) On behalf of the municipality, the mayor or any other member of the council responsible for managing the municipal police is acting in the employment relations of the candidates, officers and other staff of the municipality under § 1a (1) (c); This shall not apply if the council of the municipality entrusts that authority to the designated officer pursuant to Article 3 (2).

§ 4a

integrity

(1) For the purposes of this Act, the right is not the one

(a) who has been convicted of an intentional offence or who has been convicted of an act of negligence in the last five years if his conduct by which he committed the offence is contrary to the mission of an officer under this law;

(b) whose criminal prosecution for an intentional offence has been terminated on the basis of a final decision approving the settlement and five years have not passed since that decision, if the conduct by which he committed the offence is contrary to the mission of an officer under this law,

(c) whose criminal prosecution for an intentional offence has been definitively suspended, and from the expiry of the probationary period or period within which it may be decided that it has been proven to have been proven to have not yet passed five years, or the criminal proceedings which have been brought against it have been decided on the conditional postponement of the application for punishment, and five years have not elapsed since that decision, if the conduct by which it committed the offence is contrary to the post of an officer under this law,

(d) who shall enter in the declaration of honour referred to in paragraph 2 the incorrect information necessary for the assessment of integrity.

(2) The integrity of the candidate for employment of an officer referred to in paragraph 1 (a) shall be demonstrated by an extract from the Register of Penalties which may not exceed 3 months. The integrity referred to in paragraph 1 (b) and (c) shall be demonstrated by the candidate for employment of the officer by a declaration of honour which may not exceed 3 months.

(3) An applicant for employment of an officer, a candidate or an officer is required to notify in writing the person acting on behalf of the municipality in employment relations (Paragraph 4 (2)) within 15 days of the date of the start of the prosecution that he has been prosecuted. The notification shall be accompanied by a copy of the order initiating the prosecution or shall indicate in the notification the operative part of the decision, including the designation of the authority which issued it.

§ 4b

Reliability

(1) Reliable for the purposes of this Act is not he who has been repeatedly declared guilty of an offence in the last 3 years

(a) the section on protection against alcoholism and other toxic substances;

(b) on the defence section of the Czech Republic,

(d) against civil coexistence;

(e) against property,

(f) on the part of agriculture, hunting and fishing committed by intentionally interfering with the exercise of the right of hunting or the exercise of the right to fishing, or intentionally hunting or catching fish at the time of defence;

(g) in the general internal administration section committed by violating or failing to comply with the prohibition laid down by law on the arms and ammunition sector pursuant to special legislation7; or

(h) under Paragraph 28 (1) or (2),

if his conduct by which he committed an offence is contrary to the mission of an officer under this law.

(2) The condition for re-recognition of the guilty of an offence referred to in paragraph 1 shall be satisfied if the decision on liability for any of the offences referred to in paragraph 1 becomes final before the expiry of 3 years from the date on which another decision on liability for any of the offences committed by the same offender became final.

(3) Furthermore, for the purposes of this Act, it is not the person who has provided incorrect information in the affidavit referred to in paragraph 4.

(4) Reliability shall be demonstrated by a candidate for an officer's employment by a declaration of honour which may not exceed 3 months.

(5) Within 15 days, the candidate or officer must notify the person acting on behalf of the municipality in employment relations (Paragraph 4 (2)) in writing of the fact that he has been found guilty of the offence referred to in paragraph 1.

(6) A copy of the infringement decision shall be attached to the notification referred to in paragraph 5.

7) Act No. 119 / 2002 Coll., on firearms and ammunition and amending Act No. 156 / 2000 Coll., on verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms and Weapons Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative charges, as amended, and Act No. 455 / 1991 Coll., on trade (Trade Code), as amended. '

9. The following Sections 4c to 4e are inserted after Section 4b, including the headings:

„§ 4c

Health

(1) Medical fitness is assessed by a doctor for racing preventive care.

(2) In an agreement with the Ministry of Health, the Ministry of Health sets out by decree a list of physical and mental defects, diseases or conditions which exclude the medical fitness of a candidate for employment as an officer, a candidate or an officer for employment, the content and dates of medical examinations and the duration of the medical assessment.

§ 4d

Professional competence

(1) The expert competence of the candidate and officer shall be verified by the examination panel of the Ministry. The examination committee of the Ministry shall be composed of the President and other members. Membership of the Examination Board shall be subject to higher education in the areas covered by the professional assumptions of the officer verified in accordance with paragraph 5.

(2) The application for the test is submitted by the municipality.

(3) The municipality is obliged to provide training

(a) the candidate before the first examination within 6 months of the date of employment;

(b) the officer before each examination, not later than 3 months before the expiry of the certificate

in a specialised training facility accredited by the Ministry of Education, Youth and Sports or in a similar municipal police facility.

(4) The municipality is obliged to provide training for the candidate and officer to use the service weapon and the means of enforcement and to implement the authorisation under this or special law ("training '). Training shall be carried out in the establishments referred to in paragraph 3. By agreement between the municipality and the police, the police can conduct the training. The establishment referred to in paragraph 3 or the police shall issue a certificate of training to the candidate or officer that is a condition for the candidate or officer to pass the proficiency test. The costs of training shall be borne by the municipality.

(5) The test is to be carried out on a single day and consists of two separately performed and evaluated parts

(a) a written test to verify the legal knowledge to the extent necessary for the performance of the tasks of the municipal police;

(b) an oral interview to verify the competence of the application of theoretical knowledge.

(6) The candidate or officer successfully performs the test by fulfilling the conditions of both parts of the test.

(7) If the candidate or officer fails the examination, the Ministry shall send the test report to the municipality indicating these facts. The candidate and officer are entitled to repeat the exam twice without applying. The date of the re-examination shall be determined by the Ministry in such a way as to take place not earlier than a month and not more than three months after the date of the re-examination. The date and place of the repeated examination shall be communicated by the Ministry to the municipality at least 15 days in advance.

(8) In the event that the candidate or officer fails even in the second repetition of the test, the Ministry shall determine the date of the next examination not earlier than 12 months after the date of the last failed examination.

(9) The Ministry shall invite the officer to examine the professional competence at the time of validity of the certificate before the Examination Committee of the Ministry if, on his own initiative or at the initiative of the municipality, he has reasonable doubt that the officer is competent. In the event that the officer fails the examination even after its second repetition, the Ministry shall determine the date of the examination not earlier than 12 months after the date of the last failed examination. Paragraphs 7 and 8 shall apply mutatis mutandis in this case.

(10) The Ministry provides by decree

(a) the extent of the technical assumptions of the candidate and officer;

(b) the test schedule;

(d) the extent of the training of the candidate and officer;

(e) the particulars of the test report.

§ 4e

Certification

(1) The certificate is issued by the Ministry to the officer for a period of 3 years if he has passed the test successfully.

(2) If a change of the officer's personal data contained in the certificate or following the termination of the officer's employment relationship takes place within a period of 3 months, the Ministry shall, at the request of the officer, issue a new copy of the certificate indicating those changes to the personal data or to the name of the municipality concerned within 15 days of their notification.

(3) The Ministry shall provide for a certificate by decree. "

10.

„§ 5

Withdrawal and termination of the certificate

(1) The Ministry shall withdraw the certificate from the officer who no longer fulfils the conditions

(a) integrity,

(b) reliability;

(d) competence.

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Regulation Information

Citation	Act No. 274 / 2008 Coll., amending certain laws in connection with the adoption of the Law on the 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

Legal Areas: Security Transport Mining Economic (State) Information, Data, Data International law International public law Power of executive and government authorities Civil law Civil law substantive Civil law of procedure Commercial law State Defence Social security law Self-administration Education, Education, Education Social Services, Social Assistance Administrative offences Administrative authorities Administrative law Government State symbols Criminal law Criminal law substantive Constitutional (state) law General internal administration Fundamental human rights Health Business

The regulation text is for informational purposes only.