Act No. 311 / 2002 Coll.
Act amending Act No. 553 / 1991 Coll., on Municipal Police, as amended, and amending some other laws
Valid
Law
Effective from 01.01.2003
311
THE LAW
of 13 June 2002
amending Act No. 553 / 1991 Coll., on Municipal Police, as amended, and amending some other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the municipal police law
Act No. 553 / 1991 Coll., on Municipal Police, as amended by Act No. 67 / 1993 Coll., Act No. 163 / 1993 Coll., Act No. 82 / 1995 Coll., Act No. 153 / 1995 Coll. and Act No. 132 / 2000 Coll., is amended as follows:
1. Paragraph 1 (1) reads as follows:
"(1) The municipal police are the authority of the municipality which establishes and abolishes the municipal council by a generally binding decree. '
2. In Paragraph 1 (2), the following shall be added at the end of the sentence: "and shall carry out other tasks where provided for by this or special law '.
3. In Section 1, paragraph 6 is added:
"(6) The municipal police may, on the basis of a public contract (§ 3a), carry out tasks under this or special law in the territory of other municipalities or municipalities which are contracting parties to this Treaty. '
4. Paragraph 2 (1) reads as follows:
"(1) The municipal police in the security of local public order matters and the performance of other tasks under this or other law shall in particular:
(a) contribute to the protection and security of persons and property;
(b) supervise compliance with the rules of civil cohabitation;
(c) contribute to the safety and continuity of road traffic to the extent laid down by this or any other act;
(d) reveals offences and other administrative offences;
(e) draw the attention of natural and legal persons to infringements of generally binding legislation and take corrective measures. ";
5. in Article 2, paragraphs 2 and 3, including footnotes 6 to 8, shall be deleted and the designation of paragraph 1 shall be deleted;
6. Paragraph 3 is deleted.
7. The following Section 3a is inserted after Section 3, including footnote 7:
(1) A municipality or municipalities which have not set up the municipal police may conclude a public contract with another municipality in the same higher territorial authority unit (county) which has established the municipal police, on the basis of which the municipal police of that municipality will carry out the tasks provided for by this or by a special law in the territory of the municipality or municipalities which have not established the municipal police and are parties to this Treaty.
(2) The public contract referred to in paragraph 1 requires the consent of the Regional Office to be valid. The Regional Authority, in the administrative procedure under a special law, shall decide on the granting of consent.
(3) The public contract referred to in paragraph 1 must contain:
(a) the names of the municipalities which are its Contracting Parties;
(b) the determination of the scope of the tasks under this or special law to be carried out by the municipal police in the territory of a municipality or a municipality which has not established the municipal police and which are Contracting Parties to this Treaty, as well as the date from which the municipal police will perform those tasks;
(c) the method of reimbursement of the costs associated with the performance of the tasks referred to in (b).
(4) The general conditions for the conclusion, validity, amendment and termination of a public contract, the dispute settlement of a public contract and the manner in which it is published are governed by the rules governing public contracts in the matters of municipal establishment. 7)
(5) A municipality which has not established the municipal police and is a party to a public contract as referred to in paragraph 1 shall issue a written authorisation to the officer of the municipality of the other Contracting Party to demonstrate the authenticity of the exercise of jurisdiction in its territory.
7) Sections 66c to 66e of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 313 / 2002 Coll. '.
8. In Paragraph 4 (6), the following sentence shall be added at the end of the paragraph: "The municipality shall notify this fact to the authority which issued the certificate within 15 days of the end of the officer's employment. '
9. the following Sections 4a and 4b are inserted after Section 4, including the headings:
integrity
(1) The righteous is not a citizen,
(a) who has been convicted of an intentional offence by a final judgment if, under a special law or a decision of the President of the Republic, he is not treated as if he had not been convicted;
(b) which, in the last 5 years, has been convicted of a criminal offence committed out of negligence if the conduct by which he committed the offence is contrary to the mission of an officer under this law.
(2) The integrity of the applicant for an officer's employment is demonstrated by the submission of an extract from the Register of Penalties, which may not be more than 3 months old and, if necessary, by the submission of the relevant judgment.
Reliability
(1) A citizen to whom a penalty has been imposed for an offence or other administrative offence has been imposed in the last 5 years shall not be liable if his conduct by which he has committed an offence or other administrative offence is contrary to the post of an officer under this law.
(2) Reliability is demonstrated by the candidate for employment of an officer by a declaration of honour which may not exceed 3 months. The officer proves reliability with an honest statement on 31 December of the calendar year.
(3) The officer is obliged to notify the employer within 30 days of the legal authority of a decision which has been definitively recognised as guilty of committing an offence or other administrative offence.
(4) The declaration of honour referred to in paragraph 2, in which the tenderer grants a final penalty for an administrative offence or a notification referred to in paragraph 3, shall contain the legal name of the administrative offence and a description of the conduct by which the offence was committed. "
10. in Article 5 (3), the word "Ministry" shall be replaced by "Authority which issued the certificate."
11. in Article 5 (6), the words "and withdrawal" shall be deleted;
12. In Article 9, the following sentence shall be added at the end of paragraph 1: "Where an officer exercises his authority in the territory of a municipality which is a party to a public contract pursuant to Article 3a, he shall also prove upon request by the authority of that municipality; in an operation which cannot be delayed, it shall do so as soon as the nature and circumstances of the operation permit. ';
13. In Paragraph 11 (1), the words "or provided the necessary documents' shall be added at the end of the paragraph.
14. The following Section 11a is inserted after Section 11:
(1) The municipal police are entitled to require the competent authorities from their information systems to provide data to carry out their tasks under this law.
(a) wanted and missing persons;
(b) stolen motor vehicles and stolen vehicle registration marks;
(c) the identity of the operator of the motor vehicle or trailer to which an offence has been committed in the territory of the municipality;
(d) of dogs registered under special regulations with the manager of the dog's fee, their owners and the payment of the dog's fees to the extent necessary to check compliance with the generally binding municipal decree on the local fee of dogs;
(e) authorisations for the specific use of infrastructure in the territory of the municipality;
(f) authorising the specific use of public space in the municipality to the extent necessary to carry out checks on compliance with a generally binding municipal decree on a local charge for the use of public space;
(g) the person registered as owner of the property in the cadastral, situated in the territory of the municipality, and whether a specific plot in the territory of the municipality is registered as a green area in the cadastral or other public greenery.
(2) The requested authority which maintains the requested information in its information system is obliged to provide the municipal police, unless it is prevented from fulfilling or complying with obligations under specific regulations.
(3) Where the data referred to in paragraph 1 have the nature of personal data, it shall be provided by the requested authority only to the extent strictly necessary to identify the person referred to in Article 12 (1). ';
15. in Article 12 (2), the words "in a credible manner" shall be deleted;
16. In Article 12 (2), at the end of point (d), the dot is replaced by a comma and the following points (e), (f) and (g) are added:
"(e) at the request of another person, where that person has a legal interest in the identification,
(f) if there is a person requesting proof of identity under (e);
(g) if there is a person reporting a suspected offence, offence or other administrative offence. ';
17. Paragraph 13 (1) reads as follows:
"(1) The officer shall be entitled to bring to the police a person who has refused to comply with the officer's request to prove his identity in accordance with Article 12 (2) or cannot prove his identity even after the necessary cooperation has been provided. ';
18. In Paragraph 13 (2), the words "as well as the person who corresponds to the description of the person wanted by the police, unless that person proves his or her identity in a credible manner 'shall be deleted.
19. Article 17b, including footnotes 15b) and 15c) shall be deleted;
20. in Paragraph 18 (2), the words "(f) and (g)" shall be inserted after the words "(e)."
21. The following Sections 24a and 24b are inserted after Section 24:
(1) The municipal police process the personal data they need to carry out tasks under this or special law.
(2) The municipal police shall provide the personal data referred to in paragraph 1 to the police, the authorities of the municipality and other public authorities, if necessary for the performance of their tasks.
(3) The municipal police shall verify at least every three years if the personal data processed under paragraph 1 are necessary for the performance of its tasks under this or special law. If it finds that such data are not necessary to carry out its tasks under this or the Special Act, it shall immediately dispose of them without undue delay.
(4) The provisions of the legislation governing the protection of personal data are without prejudice.
(1) The municipal police shall be entitled, if necessary for the performance of their tasks under this or other law, to make sound, visual or other records of places open to the public and, where appropriate, sound, visual or other records of the operation or operation.
(2) Where permanent automatic technical systems are set up to make the records referred to in paragraph 1, the municipal police shall publish information on the establishment of such systems in an appropriate manner. ';
22. The following Section 26a is inserted after Section 26:
(1) If the municipality establishes or abolishes the municipal police, it shall notify the Ministry in writing within 15 days of the date of adoption of this Decision.
(2) At the request of the Ministry, the municipality shall, without undue delay, provide an indication of the number of officers of its municipal police with a valid certificate. '
23.
The suspension of the officer's certificate and withdrawal of the certificate under this law shall be subject to the administrative rules. ';
Transitional provision
He who, on 1 January 2003, is an employee of a municipality assigned to the municipal police shall, within 6 months of that date, submit to the employer the documents required under Act No. 553 / 1991 Coll., on the Municipal Police, as amended by Article 5 (1) of the Law. Even this law, to prove integrity and reliability.
Amendment to the Municipality Act
Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 273 / 2001 Coll., Act No. 320 / 2001 Coll. and Act No. 450 / 2001 Coll., is amended as follows:
1. In Article 15 (3), the words "and the municipal police 'shall be added at the end.
2. Paragraph 15 (4) is deleted.
Amendment to the Prague Capital Act
Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended by Act No. 145 / 2001 Coll., Act No. 273 / 2001 Coll., Act No. 320 / 2001 Coll. and Act No. 450 / 2001 Coll., is amended as follows:
1. In Paragraph 1 (4), "a 'is replaced by" comma' and the words "and the City Police of the City of Prague 'are added at the end.
2. in Article 59 (2) (q), the words "as an organisational component" shall be deleted;
Amendment of the Road Traffic Act
Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws, as amended by Act No. 60 / 2001 Coll., Act No. 478 / 2001 Coll. and Act No. 62 / 2002 Coll., is amended as follows:
1. In Paragraph 10, the following words are added at the end of the text of paragraph 2: "and the municipal police pursuant to special legislation 14a) '.
footnote 14a is replaced by the following:
"14a) Decree No. 88 / 1996 Coll., implementing the Law on Municipal Police. '
2. In Paragraph 45 (4), the words "or an officer of the municipal police" shall be inserted after the words "policeman."
3. In Paragraph 67 (4), the words "or an officer of the municipal police" shall be inserted after the words "the police officer shall decide."
4. In Article 75, paragraph 8 is added:
"(8) A municipal police officer shall be entitled to direct traffic on the road in cases where this is necessary to restore safety and continuity of road traffic and where traffic management is not ensured by the police or in cooperation with the police. When directing traffic, the officer shall use the instructions set out for the management of the operation of the officer. ';
5. in Paragraph 79 (1) (c):
"(c) Officer of the municipal police in uniform
1. prior to the crossing for pedestrians to ensure the safe passage of persons, if the transition situation or the status of persons crossing so requires;
2. if their driver is suspected of committing an offence against the safety and fluidity of road traffic, which the municipal police are entitled to discuss in block proceedings under a special law, ';
6. in Article 128 (3), the words "or Military Police 'are replaced by the words" Military Police or Municipal Police';
EFFECTIVE
This Act shall take effect on 1 January 2003.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
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Regulation Information
| Citation | Act No. 311 / 2002 Coll., amending Act No. 553 / 1991 Coll., on Municipal Police, as amended, and amending certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.07.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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