Act No. 286 / 1948 Coll.
National Security Act
Valid
Effective from 01.01.1949
286.
Law
of 21 December 1948
on national security.
The National Assembly of the Czechoslovak Republic decided on the following Act:
National security authorities and their tasks.
(1) Protecting the popular democratic establishment, protecting national borders, ensuring the security of persons and property and maintaining public order belong to the Ministry of the Interior and national committees.
(2) In carrying out the tasks of national security (paragraph 1), the Executive Authority is the Ministry of the Interior and Regional and Regional (Central) National Committees of the National Security Corps (SNB), hereinafter referred to as "the College '.
The Corps and its organization.
(1) The College is united and militarily organised.
(2) Members of the Corps shall be under the authority of their commanders and in the final seat of the Home Secretary.
(3) The College is responsible for political and awareness-raising.
(4) Detailed organisational and service rules for the College shall be issued by the Ministry of the Interior.
Recruitment and dismissal in the Corps.
The Minister of the Interior shall, in agreement with the Minister of National Defence, issue more detailed provisions on the provisions of § § 3 to 5, as well as provisions on official oath, on probation, release at that time and authorisation to marry members of the Corps, by regulation, as regards § 3, paragraph 2.
Legal status of members of the Corps in the performance of their duties.
In the field of criminal jurisdiction of the courts, courts and authorities of public actions shall be entitled to require the services of the Corps directly. In other fields of competence, courts may seek the activities of the Corps only through regional and regional national committees; In the same way, the activities of the Corps are requested by the other authorities, and by the Central Authorities through the Ministry of Interior, unless otherwise provided by the Ministry. Only if there is a danger of delay shall members of the Corps be required to provide assistance for direct requests from those authorities and authorities; a report shall be submitted without delay to the competent national committee, after the case of the Ministry of Interior.
(1) Members of the Corps shall be required to execute the orders of the authorities and courts which have been given to them. Only when the order is manifestly contrary to their duties, or when the order orders the execution of an offence prohibited by criminal law, the members of the Corps, considering all circumstances, have to refrain from the execution of the order, but must report the case immediately to their headquarters.
(2) The authority (court) which gave the order shall always be responsible for the content of the order. Members of the Corps shall be responsible only for the precise implementation of the service under the relevant rules.
(3) Members of the Corps shall have the right to request a written order even if it is not prescribed by law.
(1) In the performance of its duties, a member of the Corps shall enjoy the rights of civil and military guards.
(2) Whenever a member of the Corps intervenes on an official basis, he is to use the words "on behalf of the law," if the circumstances permit. In such a case, everyone, as well as a member of the army, is obliged to obey his call.
(3) The provisions on the way in which a member of the Corps gives instructions and calls for specific services (e.g. traffic management or air service) remain without prejudice.
(4) A member of the Corps shall have the right, in carrying out his / her duties, to seek appropriate cooperation between any public service authority, in particular other guards, local national committees, civil and military authorities, and in the danger of any citizen.
(1) A member of the Corps may use weapons in the performance of his duties, with due care as required, only:
(a) in the event of necessary defence to avert an unlawful attack against or imminent threat to the person concerned, or an attack on the life of another person;
(b) if the dangerous criminal against whom he has intervened does not give up or refuses to leave his hiding place;
(c) unless it is otherwise possible to overcome the resistance to thwart his service;
(d) prevent the escape of a dangerous criminal who cannot be otherwise detained;
(e) to avert a dangerous attack that threatens a guarded object, following a futile call to abandon the attack;
(f) in the customs border zone, if the person does not stop after the re-challenge, tries to escape and cannot otherwise be detained;
(g) in the performance of an air service, to force an aircraft to land which it does not comply with or is not likely to comply with the landing call given in accordance with the applicable regulations;
(h) in the performance of security services at border waters in order to force a vessel to land which does not comply or is not likely to comply with the calls for landing given under the applicable regulations.
(2) If the members of the Corps are held together under uniform management and command, the applicable provisions for the military shall apply to the use of the weapon.
Members of the Corps shall be subject to military criminal jurisdiction and military criminal law. The military Staff Regulations shall apply to members of the Corps, unless otherwise provided for in the service of the Corps, and the disciplinary and disciplinary provisions issued for the Corps.
Choir-to-Defense ratio.
(1) The Minister of the Interior shall decide on important matters relating to the organisation of the Corps where they are relevant for the defence of the State, how members of the Corps are to be dressed, armed and trained for military tasks, and how they are to be coordinated with the Ministry of Defence.
(4) Members of the Corps under direct command of the army (paragraphs 2 and 3) are subject to military regulations.
(1) Members of the Corps are equal to those of equal rank.
(1) For temporary accommodation of members of the Corps in the event of their concentration, the rules on temporary accommodation of the army apply.
(2) The Minister of the Interior shall adapt the permanent accommodation of the Corps by means of a regulation. If this is not the case, the procedure shall be followed accordingly.
Other security authorities.
(1) The scope of the national security authorities and bodies other than those referred to in Section 1 (1), as laid down in the present rules, remains unaffected. Such other authorities and authorities may establish executive security authorities only under statutory rules.
(2) In the future, local national committees cannot establish and maintain the Security Corps for their general national security tasks. However, their right to establish and maintain security authorities for specific tasks, as field and forest guards, remains without prejudice. The Minister for the Interior shall lay down a regulation on the extent to which and how the College is to cooperate in national security tasks falling within the competence of local national committees.
(3) In order to protect the interests referred to in Article 1 (1), the reporting citizens who are, if identified externally, have similar rights and obligations as members of the Corps may be invited to the service on a voluntary basis (Sections 9 and 10). The external names of these persons shall be laid down by the Minister of the Interior by regulation. Other details are provided by the Ministry of the Interior.
Transitional and final provisions.
(1) The provisions of this Act apply to the current National Security Corps.
(2) Persons who have become members of the Corps pursuant to the Act of 11 July 1947, No. 149 Coll., on National Security and have not previously been recruited to military service shall be deemed to have been served on the date on which they were admitted to the Security Corps. This service shall be counted as a representative service or military training to participants in the national exemption fight; Only a service similar to a military service is thus counted to other members of the Corps. The Ministry of National Defence shall, in agreement with the Ministry of Interior, provide details of the implementation of this provision as well as the way in which the military training of such persons will be completed.
(3) Until the service conditions, as well as the service and rest pay of the members of the Corps and their survivors have been readjusted, the existing provisions shall apply mutatis mutandis.
(4) If the provisions issued under Act No. 149 / 1947 Coll. do not conflict with that Act, they shall remain in force.
(5) For a transitional period, men who comply with the conditions for admission referred to in § 3 (1) (a) to (c) may also be admitted to the Corps, but who have performed only part of the military service. The National Defence Minister shall determine the details in agreement with the Home Secretary.
(6) More detailed provisions on the provisions of paragraph 3 may be laid down by the Government by a regulation which may entrust further provisions to the general legislation of the Ministry of Interior.
The provisions contrary to this Act, in particular Act No. 149 / 1947 Coll., are hereby repealed.
The existing provisions on the competence of the Ministry of Interior and National Committees in matters referred to in Paragraph 1 (1) remain unaffected. However, the government may, by regulation, transfer this scope from a stools higher to a stools lower or vice versa.
(1) Works of a kind, in particular professional, office and handling, may also be carried out in the Corps by staff not members of the Corps. The Minister of the Interior shall assign these staff from the personal condition of the staff of the General Administration, provided they are assigned to the safety reports of the National Committees.
(2) For these staff, a uniform personal status shall be established for the staff of the National Security Administration.
(3) The Minister of Interior may transfer the staff of the National Security Administrative Service to the Corps, in which case the provisions of Paragraph 16 (5) shall apply mutatis mutandis. The transfer shall be treated mutatis mutandis in accordance with the Government Decree of 12 July 1948, No. 200 Coll., on the modification of certain service and salary ratios of members of the National Security Corps.
This Law shall take effect on 1 January 1949; It shall be implemented by the Minister for the Interior in agreement with participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Nosek v. r.
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Regulation Information
| Citation | Act No. 286 / 1948 Coll., on National Security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1948 |
|---|---|
| Effective from | 01.01.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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