What is Act No. 300 / 2013 Coll.?

Act No. 300 / 2013 Coll., on Military Police and on the amendment of certain laws (Act on Military Police) — Law on Military Police and on the amendment of certain laws (Law on Military Police).

When it became Act No. 300 / 2013 Coll. effectiveness?

Act No. 300 / 2013 Coll. became effective 01.10.2013.

Is Act No. 300 / 2013 Coll. still valid?

Yes, Act No. 300 / 2013 Coll. is still valid and effective.

How many times was it Act No. 300 / 2013 Coll. amended?

Act No. 300 / 2013 Coll. has 12 time versions of the text.

Act No. 300 / 2013 Coll. - Law on Military Police and on the amendm...

300

THE LAW

of 21 August 2013

on the Military Police and on the amendment of certain laws (Law on Military Police)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

_

HLAVA I

Status and responsibilities of Military Police

§ 1

Basic provisions

(1) Military police is a unified armed police force which is part of the Ministry of Defence ("Ministry of Defence"). The tasks of the Military Police shall be performed by military officers assigned to the Military Police.

(2) Military police carry out police protection tasks

(a) ministries, armed forces of the Czech Republic (hereinafter referred to as "armed forces"), protected persons and protected objects, military equipment and other property of the State with which the Ministry is responsible, unless otherwise provided for in this Act,

(b) the armed forces of another State in transit or residence on the territory of the Czech Republic (hereinafter referred to as "the armed forces of another State") and their material.

(3) A military officer may become

(a) a professional soldier in the Military Police; or

(b) a soldier in reserve called upon to serve in the Military Police.

(4) In the Military Police, employees are also engaged in an employment relationship.

§ 1a

Definition of certain terms

For the purposes of this Act:

(a) by examination of a person, an inspection of a natural person, including an inspection of his or her clothing uppers and items which he or she carries at the time of the inspection;

(b) a wanted soldier in active duty who is given one of the legal reasons to restrict his personal freedom, his whereabouts are unknown, and a search has been made by the police of the Czech Republic,

(c) a missing soldier, a soldier in active duty, who can reasonably be believed to be in danger of his life or health, his whereabouts unknown and a search has been made by the police of the Czech Republic,

(d) protected by the Minister for Defence and persons designated by him;

e) a protected object

1. the military object and space where it carries out its tasks of the armed forces, the armed forces of another State, the military intelligence or the military police,

2. the military object and space where the safety of the protected person is ensured; and

3. the object and space of particular importance for the performance of the police protection tasks of the Military Police, decided by the Government;

(f) weapons anything that can make an attack against the body stronger, unless otherwise provided by this law,

(g) by way of intervention, the use of force or the threat of its use in the implementation of an act involving direct enforcement or direct protection of rights;

(h) hazardous substances and explosive substances and explosive articles, poisons, narcotic drugs and psychotropic substances, other chemicals or articles intended to manufacture narcotic drugs and psychotropic substances or drug precursors.

§ 2

Definition of the territorial competence of the Military Police

(1) Military police in the performance of the tasks referred to in Article 1 operate in the territory of the Czech Republic, in the territory of another State or outside the national territory.

(2) A military officer carries out duties on the territory of another State

(a) under conditions, to the extent and in a manner laid down by an international agreement which forms part of the legal order (hereinafter referred to as the "international treaty"),

(b) in a foreign operation which the Czech Republic participates in following a decision of the international organisation of which it is a member; or

(c) by decision of the Minister of Defence,

1. at the request of the competent authority of another State; or

2. after the agreement of the competent authority of another State.

(3) In the territory of another State, a military officer may carry out tasks outside the organisational structure of the Military Police; This shall be without prejudice to his professional management by the Chief of Military Police.

§ 3

Definition of the personal competence of the Military Police

Military police are acting against

(a) to soldiers in active duty, to members of the armed forces of another State or to civilian staff accompanying them (21) ("the soldier");

(b) persons who are in or near the protected building;

(c) persons suspected of committing or committing a criminal offence or offence or conduct having the characteristics of an offence, (hereinafter referred to as "offence") in a protected object, a criminal offence or offence against a soldier or, together with a soldier or against a military object, military material, material of the armed forces of another State or other property of a State with which the Ministry is responsible.

§ 4

Definition of the substantive competence of the Military Police

(1) In carrying out police protection tasks, the Military Police

(a) detect and identify offences and take action to prevent crime;

(b) act as a police authority in criminal proceedings and investigate offences;

(c) search for wanted or missing soldiers or for lost or stolen military material or materials of the armed forces of another State, or other property of the State with which the Ministry is responsible;

(d) participate in the protection of military equipment, materials of the armed forces of another State and other property of the State with which the Ministry is responsible; at the request of the competent authority and at the decision of the Minister of Defence, it also contributes to the protection of other material, if this is necessary for the procedure under the Foreign Development Cooperation and Humanitarian Aid Act, crisis management or integrated rescue system22),

(e) oversees the provision of discipline in protected objects and the observance of discipline by soldiers in public;

f) ensure the security of protected buildings, the protection of military objects designated by the Minister of Defence and oversees the provision of entry and entry modes to military objects;

g) oversees compliance with the prohibition on photography, filming, drawing or other recording of military objects, premises and equipment designated under the Act on the Protection of the Czech Republic;

(h) dispose of explosive devices, ammunition and explosives found in protected objects;

i) oversees the safety of the operation of vehicles of the armed forces and other vehicles operated by the Ministry and vehicles of the armed forces of another State within the territory of the Czech Republic;

(j) supervise the safety of the operation of means of transport in protected buildings;

(k) manage the operation of vehicles on the road in connection with the operation of vehicles of the armed forces or vehicles of the armed forces of another State on the road in the Czech Republic and ensure the protection and escort of movements of the armed forces and armed forces of another State in the Czech Republic;

(l) supervise the training and improvement of professional competence of drivers of vehicles of the armed forces and carry out proficiency tests of applicants for driving licences of drivers of vehicles of the armed forces;

(m) approve the technical competence of military vehicles;

(n) ensuring the safety of protected persons;

o) is involved in ensuring the protection of official delegations of the Czech Republic and citizens of the Czech Republic at the deployment sites of the Military Police outside the Czech Republic,

(p) ensure the protection of dedicated military transport aircraft for the carriage of constitutional agents and other persons using military transport aircraft and military objects intended for handling and landing of military transport aircraft;

(q) ensure, on request, the protection of military air transport and transport by security escort;

(r) keep records and statistics necessary for the performance of its tasks, in particular the registration of vehicles of the armed forces and the registration of cases of the Military Police.

(2) Military police carry out other tasks, where provided for by other legislation2) or an international treaty.

(3) The use of the Military Police, in a state of state or state of war, shall be approved by the Government, on a proposal from the Minister for Defence, in the framework of operational plans, of the use of armed forces for state of emergency and for state of war.

HLAVA II

MANAGEMENT AND ORGANISATION OF MILITARY POLICE

§ 6

(1) The Head of the Military Police is the Chief of the Military Police, appointed and dismissed by the Defence Minister after consulting the relevant committee of the Chamber of Deputies of Parliament. Chief of Military Police is directly under the authority of the Secretary of Defense.

(2) The Chief of Military Police shall direct and control the Military Police.

§ 6a

The Government of the Czech Republic provides for the use of military police officers, their numbers and the manner in which they are called up to carry out the tasks of the Police of the Czech Republic under special legislation13).

§ 7

The organisation structure of the Military Police shall be determined by the Minister of Defence after discussion in the committee responsible of the Chamber of Deputies of Parliament.

HLAVA III

OBLIGATIONS AND LEGISLATION OF MILITARY POLICE AND MILITARY POLICE

Díl 1

Obligations and authorisations of Military Police

§ 8

Authorisation to hold and use dangerous substances and goods

(1) Military police are authorised for teaching, training, testing, expert and expert activities or for carrying out activities in the performance of military police tasks to acquire, hold, retain, manufacture and use dangerous substances and things.

(2) Military police

(a) establish and implement measures to prevent unauthorised or accidental access to dangerous substances and goods or their unauthorised use, destruction or loss;

(b) keep records of dangerous substances and goods;

(c) carry out documentation of technical organisational measures to ensure the protection of dangerous substances and goods and to eliminate the risks arising from the nature of this material for the safety of persons and property.

(3) The military police are entitled to use and transport dangerous substances and goods, in particular in the event of the disposal of explosive devices, the disposal of ammunition or explosives, the special training of service dogs, the intervention against perpetrators of particularly serious crimes, or where this is necessary to prevent or eliminate a serious danger to the safety of the protected object.

§ 8a

Security, removal and destruction of the item

(1) Military police are entitled to ensure, or, where appropriate, to remove, in a protected object, if there are reasonable grounds for suspecting that such a matter constitutes an imminent serious threat to life, health, property or the environment, and if that threat cannot be prevented otherwise.

(2) If the threat referred to in paragraph 1 cannot be prevented by the detention or removal of the item, the Military Police shall be entitled to destroy the item or to temporarily deposit it until the time of destruction, in particular where it is reasonably suspected that it contains explosives.

(3) Unless a legal reason prevents it, the Military Police shall issue the case without undue delay to the person whose right to issue the case is not in doubt or shall inform the person entitled to take over the case. In doubt, the Military Police shall place the case in their custody and inform the person entitled to issue the case of the possibility of claiming extradition in civil matters.

(4) The security shall be forfeited to the State if the right to issue it is not exercised within 3 months of the guarantee or is not recovered within that period.

(5) The storage costs are borne by the person who took over the case. The obligation to pay may be waived if he proves that he has not committed an infringement of the law in connection with the security.

§ 8b

Electronic communications interference

(1) Military police may, in order to eliminate the immediate threat to the lives or health of persons, or to eliminate the imminent damage of a large scale to property, to the extent necessary and for the time required in the protected object,

(a) the operation of electronic communication equipment and networks;

(b) the provision of electronic communications services; or

(c) the operation of radio communications services.

(2) The Military Police shall immediately inform the Czech Telecommunications Authority (hereinafter referred to as the Office), the relevant operational and information centre of the Integrated Rescue System (hereinafter referred to as the Centre) and the National Office for Cyber and Information Security.

(3) Military police may also cancel training under paragraph 1, informing the Office, the Centre and the National Cyber and Information Security Office of such interference no later than 60 days before the start of the training. In order to eliminate or mitigate the effects of the reported interference, the Authority may lay down the conditions for such interference, including the obligation to inform, to the extent necessary, the public electronic communications network operator concerned and the provider of publicly available electronic communications services.

(4) The Military Police shall not inform the Military Police of the interference referred to in paragraph 1 if the provision of information could jeopardise the performance of the Military Police task; in that case, it shall provide the information after the reason for its failure to provide it has ceased.

(5) The House of Deputies of Parliament shall carry out the monitoring of the interference referred to in paragraphs 1 and 3 by means of a control body established under the Police Act of the Czech Republic (23).

(6) The inspection referred to in paragraph 5 shall be carried out by the inspection authority after prior notification by the Minister of Defence. The Minister of Defence shall submit to the inspection authority at least once a year a report on the interference referred to in paragraphs 1 and 3 and, at the latter's request, information on such interference. This is without prejudice to the right of the supervisory authority to request information and to participate in the proceedings of the supervisory authority from other persons.

§ 9

Vehicle safety oversight authorisation

(1) Military police shall supervise the safety and continuity of the operation of vehicles of the armed forces or of vehicles of the armed forces of another State by:

(a) checks compliance with road traffic rules for the drivers of such vehicles;

(b) clarifies accidents and other incidents in traffic in which only those vehicles were involved, which did not cause damage to the property or health of a third party.

(2) When supervising the safety and continuity of the operation of vehicles of the armed forces or vehicles of the armed forces of another State, a military officer shall be entitled to:

(a) invite the person training drivers of vehicles of the armed forces or vehicles of the armed forces of another State and the driver of a vehicle of the armed forces or of the armed forces of another State to undergo an examination under the Road Traffic Act to determine whether they are affected by alcohol or other addictive substances;

(b) to invite the driver of a vehicle of the armed forces or of a vehicle of the armed forces of another State to demonstrate its identity and to provide for inspection documents authorising it to drive and operate the vehicle;

(c) invite the driver of a vehicle of the armed forces or of a vehicle of the armed forces of another State to undergo a check of the technical condition, dimensions and mass of the vehicle or combination;

(d) measure the speed of vehicles of the armed forces or vehicles of the armed forces of another State;

(e) prevent the driver of a vehicle of the armed forces or of a vehicle of the armed forces of another State from driving by using a technical means to prevent the vehicle leaving or towing under the conditions laid down in the Road Traffic Act;

(f) prohibit the driver from driving for an essential period of time, or order him to drive if the safety and continuity of traffic on or outside the road so require, or any other public interest;

(g) hold the driver's licence of a vehicle of the armed forces; the Road Traffic Act applies mutatis mutandis for the retention of a driving licence;

(h) hold a certificate of technical licence for a vehicle of the armed forces.

(3) In protected buildings, the Military Police oversees the safety and continuity of operation against all participants in the operation by:

(a) monitor compliance with the rules on road and off-road traffic;

(b) clarifies accidents and other events;

(c) carry out a check on the insurance of liability in the operation of a vehicle in the Czech Republic under a special legislation (24).

(4) When supervising the safety and continuity of operations against all participants in protected buildings, a military officer shall be entitled to:

(a) invite the driver of the vehicle to submit documents for driving and operating the vehicle;

(b) to ask the driver of the vehicle to undergo an examination under the Road Traffic Act as to whether it is affected by alcohol or other substance;

(c) invite the driver of the vehicle to submit the vehicle or combination to check the technical condition, dimensions and mass;

(d) measuring the speed of vehicles;

(e) decide to remove the vehicle at the expense of the vehicle operator, if it is an obstacle to traffic on or outside the road, or a reasonable concern is the danger to the safety of the protected object, or the local modification of traffic at the site concerned is restricted or prohibited;

(f) prevent the driver from driving by using a technical means to prevent the vehicle leaving or towing under the conditions laid down in the Road Traffic Act;

(g) prohibit the driver from driving for an essential period of time or order him to drive if the safety and continuity of traffic on or outside the road so require, or any other public interest;

(h) hold a driving licence; for the retention of a driving licence, the Road Traffic Act shall apply mutatis mutandis.

(5) Military police oversee the safety of the operation of military-driven vehicles. In carrying out this inspection, the military officer shall have the authority provided for in paragraph 4.

(6) Military police shall supervise compliance with road traffic rules in places where, at the initiative of the Ministry, local road traffic arrangements are carried out by means of transport signs.

§ 9a

Approval of the technical competence of a military vehicle

(1) Military police approve the technical competence of a military vehicle, its components, equipment or accessories by issuing a certificate of technical competence of a military vehicle.

(2) The procedure shall be initiated at the request of a supplier of a military vehicle, which shall include, in addition to the general requirements of the application under the Administrative Code, data on a military vehicle to the extent that:

(a) a general technical description of the military vehicle;

(b) basic technical data on a military vehicle, including the determination of useful and total mass;

(c) the determination of the maximum design mass of the vehicle and the authorised axle load;

(d) a diagram of the electrical installation of a military vehicle;

(e) diagram of the braking system of a military vehicle;

(f) diagram of the air and hydraulic system of a military vehicle;

(g) the list of equipment and equipment and, where appropriate, the armaments of a military vehicle;

(h) a driver's manual containing instructions for use and maintenance;

(i) determined adjustment values for military vehicle components, steering geometry values;

(j) a copy of the approval protocols, certificates and certificates of each component of a military vehicle;

(k) a copy of the contract concluded on the basis of which supplies will be made to the Ministry;

(l) a description of the purpose of the use of the military vehicle; and

(m) a declaration of the quality and completeness of the product.

(3) The application referred to in paragraph 2 shall be processed in the Czech language as an electronic document. The application shall be submitted via a data box or on a portable technical medium. The requested data format of the documents submitted shall be published electronically by the Military Police on the Ministry's official record and on the Military Police website.

(4) Prior to the approval of the technical competence referred to in paragraph 1, a military vehicle shall be subjected to tests carried out by a testing laboratory authorised by the Ministry to operate in the field of testing of military vehicles (hereinafter referred to as "testing centre ').

(5) The supplier shall notify the Military Police of the modifications made to the vehicle during the tests. Military police may, at the request of the testing laboratory and of the results obtained during the tests, require the supplier of the military vehicle to carry out further partial tests by the test laboratory, including driving and operating tests, without which the test of the technical competence of the military vehicle cannot be completed and specify the conditions for their execution.

(6) The costs of carrying out the tests referred to in paragraphs 4 and 5 shall be borne by the supplier of the military vehicle.

(7) Tests for the approval of the technical competence of a military vehicle need not be carried out if an application is submitted to the Military Police for the recognition of a valid certificate of approval of a military vehicle issued by a Member State of the European Union, the North Atlantic Treaty Organisation, or another State under an international contract to which the Czech Republic is bound, and the documentation of a military vehicle, pursuant to the relevant regulations. The documentation shall be reviewed by the service.

(8) The request referred to in paragraphs 2, 3 and 7 shall be decided by the Military Police within 60 days. From the date of transmission of the application for the tests referred to in paragraphs 4 and 5 to the date of receipt of the test results and, where appropriate, during the review of the documentation referred to in paragraph 7, the period referred to in the first sentence shall not run.

Díl 2

Management of information

§ 10

General provisions on the processing of information and personal data by the Military Police

(1) Military police shall process information, including personal data, in accordance with this law or other legislation, to the extent necessary for the performance of their tasks.

(2) For the processing of information, record keeping and statistics in electronic form, the Military Police shall manage and operate an information system. Military police ensure the security and reliability of the information system operated.

(3) Military police shall transmit to the intelligence services of the Czech Republic, the General Inspection of Security Corps, the Police of the Czech Republic, the Ministry, the Prison Service of the Czech Republic and the Customs Administration of the Czech Republic information, including information processed in its records, which it has obtained in the performance of its tasks, if necessary for the performance of its tasks under their responsibility.

(4) Should the transmission of the information referred to in paragraph 3 jeopardise the performance of the tasks of the Military Police, it shall not transmit them until the threat has passed.

§ 11

Recording

(1) The military police are entitled, if necessary for the performance of the tasks of the Military Police, to make sound, visual or other records from places which are publicly accessible, or, where appropriate, sound, visual or other records of the course of the operation.

(2) Where permanent automatic technical systems are set up to take the alerts referred to in paragraph 1, the Military Police shall make the information on the establishment of such systems publicly available in an appropriate manner.

§ 11a

Collection of personal data for future identification purposes

(1) Military police, in carrying out their duties for the purposes of future identification, may, in the case of a natural person accused of committing an intentional offence or of a natural person who has been reported suspected of committing such an offence, take dactyloscopic fingerprints, identify the physical characteristics, carry out body measurements, take visual, audio and similar records and take biological samples to allow the processing of natural person's genetic data and further process such data.

(2) If the action referred to in paragraph 1 cannot be carried out in respect of a natural person's resistance, the military officer shall be entitled, after a previous futile call, to overcome that resistance. The method of overcoming resistance shall be proportionate to the intensity of resistance. If blood collection or other action is involved in intrusion into physical integrity, the resistance of a natural person must not be overcome.

(3) If the action referred to in paragraph 1 cannot be carried out on the spot, the military officer shall be entitled to bring the natural person in for execution. After carrying out the act, a military officer shall release a natural person, unless the reasons set out in the law prevent it.

(4) An official record of the acts carried out shall be drawn up by the military officer.

(5) Military police may, in carrying out their tasks in foreign missions under the deployment rules, procure and further process biometric data also for persons other than those referred to in paragraph 1.

(6) The personal data obtained pursuant to paragraph 1 shall be transmitted by the Military Police including all related final decisions in criminal proceedings to the Police of the Czech Republic for the performance of its tasks. If the transfer of personal data and related information would jeopardise the performance of the military police tasks, it shall transmit them after the threat has ceased.

(7) Personal data processed in accordance with paragraph 5 Military police shall delete, as soon as their processing is not necessary for the purposes of preventing or detecting crime or prosecuting criminal offences, the performance of military police tasks or the purpose for which they were acquired.

§ 11b

Collection of personal data for the purposes of an alert in a system for the identification of Member States having information on previous convictions of third-country nationals

(1) For the purposes of an alert in a system for the identification of Member States having information on previous convictions of third-country nationals established under the directly applicable European Union20), the dactyloscopic fingerprints of a person who is not a national of a Member State of the European Union shall be taken by a stateless person or a person whose nationality has not been ascertained and who has been accused of committing a crime or who has been identified as suspected of committing a criminal offence, unless his dactyloscopic fingerprints have been removed pursuant to Article 11a (1). Paragraph 11a (2) to (4) and (6) shall apply mutatis mutandis.

(2) The military police shall delete the personal data obtained pursuant to paragraph 1 as soon as it is not necessary for the purposes referred to in paragraph 1.

§ 12

Authorisation to request information from information systems

(1) Military police may, to the extent necessary for the performance of a particular task, require the controller of the information system to provide information from the agendas information system for the registration of civil documents (3), the agendas information system for travel documents (4), the agendas information system for diplomatic and service passages (4), the agendas information system for population registration (5), the criminal records, the records of offences, the data and certain rights and obligations of the Ministry of Justice (6), the basic register of population (7), the central register of legal persons, the commercial and public authorities, the central register of prosecutors, the registers of the civil aviation sector (8), the register of road vehicles (8), the technical inspectorates of historical and sports vehicles, the central register of drivers, and registers kept by the civil aviation authorities (26) and the database kept by the Czech register of air traffic. in the case of an agenda information system for the registration of civil certificates and an agenda information system for the registration of travel documents, the information may only be provided in a way that allows continuous access.

(2) The information controller shall provide the information free of charge and without undue delay, unless otherwise provided for in other legislation.

(3) Military police shall be entitled to request the provision of information referred to in paragraph 1 only in such a way as to enable it to retain the identification data of the Military Police Service or the military officer who requested the disclosure and the purpose for which the information was requested for at least 5 years. The information system administrator is obliged to remain silent about the facts according to the first sentence.

(4) In order to ensure the protection of a person who can reasonably be presumed to be in danger of his or her life or health, the Ministry of the Interior may, upon request, require the Military Police to notify him of any personal data of such a person to the processor or registry administrator under other legislation.

§ 13

Basic provisions on the processing of personal data in the performance of certain tasks of the Military Police

(1) Paragraphs 2 to 6 and Article 13a to 18 shall apply to the processing of personal data in order to prevent, seek and detect crime, prosecute criminal offences and search for persons and objects.

Date of Promulgation	27.09.2013
Effective from	01.10.2013
Effective until	-
Status	Valid

Act No. 300 / 2013 Coll.

Law on Military Police and on the amendment of certain laws (Law on Military Police)

Contents