Act No. 325 / 2017 Coll.
Act amending Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic, as amended, and other related laws
Valid
Law
Effective from 01.01.2018
Text versions:
01.01.2018
06.10.2017
325
THE LAW
of 5 September 2017
amending Act No. 153 / 1994 Coll., on News Services of the Czech Republic, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on intelligence services of the Czech Republic
Act No. 153 / 1994 Coll., on intelligence services of the Czech Republic, as amended by Act No. 118 / 1995 Coll., Act No. 362 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 290 / 2005 Coll., Act No. 530 / 2005 Coll., Act No. 80 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 250 / 2008 Coll., Act No. 274 / 2008 Coll., Act No. 170 / 2013 Coll., Act No. 186 / 2013 Coll., Act No. 64 / 2014 Coll., Act No. 204 / 2015 Coll., Act No. 219 / 2015 Coll.
1. Paragraph 12 (1) reads as follows:
"(1) The activities of the intelligence services are subject to the control of the Government, the Chamber of Deputies and the Body of Independent Control of the Intelligence Services of the Czech Republic (the" independent control body '). The scope and manner of control of intelligence services shall be laid down in this or in a special law.';
2. In Article 12, the following paragraphs 2 to 4 are inserted after paragraph 1:
"(2) The Chamber of Deputies shall exercise control over the activities of the intelligence services through its established special control bodies.
(3) At the initiative of one of the special inspection bodies, the independent inspection body shall exercise control over the legality of the intelligence service's activities in its field of competence in the Czech Republic, including the monitoring of respect for fundamental rights and freedoms.
(4) The rules of control shall not apply to checks carried out by the Government, by specific control authorities or by an independent control authority. ';
Paragraph 2 shall become paragraph 5.
3. The following Sections 12a to 12i are inserted after Section 12:
(1) The Special Supervisory Authority for the operation of the Office for Foreign Relations and Information (hereinafter referred to as the "Special Supervisory Authority") is composed of 7 members. Only a Member of the Chamber of Deputies may be a member of the Special Supervisory Body.
(2) Save as otherwise provided in this law, the Act on the Rules of Procedure of the Chamber of Deputies shall apply mutatis mutandis to the conduct of the Special Supervisory Body and to the rights and obligations of its members.
(1) The members of the Special Supervisory Body may enter the premises of the Office of Foreign Relations and Information, accompanied by the Director of that Office or a member of the Office of Foreign Relations and Information authorised by him.
(2) The Director of the Office for Foreign Relations and Information shall submit to the Special Supervisory Body:
(a) the Statute of the Office for Foreign Relations and Information;
(b) the draft budget of the Office for Foreign Relations and Information;
(c) written assignment of tasks imposed by the Government or the President of the Republic;
(d) the supporting documents needed to check the implementation of the budget of the Office for Foreign Relations and Information; and
(e) internal rules of the Office for Foreign Relations and Information.
(3) The Director of the Office for Foreign Relations and Information shall submit to the Special Supervisory Body, upon request of the Special Supervisory Body:
(a) a report on the activities of the Office for Foreign Relations and Information;
(b) summary information containing the focus and number of cases and cases and cases in which the Office for Foreign Relations and Information is active, except in cases and cases where the provision of such information could jeopardise the important interest pursued by the Office for Foreign Relations and Information;
(c) the number of cases in which a request for a report has been made by a bank or a branch of a foreign bank on client-related matters covered by the banking secrecy in which the Office for Foreign Relations and Information is active; and
(d) a report on the use of requests to provide a report by a bank or branch of a foreign bank on matters relating to a client subject to banking secrecy only in cases and cases where the Office for Foreign Relations and Information has already ceased its activities.
(4) The Special Supervisory Authority shall not be authorised to interfere with the personnel powers of the Heads of State or Government of the Office for Foreign Relations and Information and to replace their management activities.
(1) If the Special Supervisory Authority considers that the activities of the Office for Foreign Relations and Information illegally restrict or harm the rights and freedoms of persons or the disclosure of classified information from the Office for Foreign Relations and Information has taken place, it is entitled to request the Director of the Office for Foreign Relations and the information necessary for clarification.
(2) Any infringement of the law by the members of the Office for Foreign Relations and the information that the Special Supervisory Authority finds in its activities is required to notify the Director of the Office for Foreign Relations and Information and the Supreme Prosecutor.
The obligation to maintain confidentiality imposed on members of a special supervisory authority under the law shall not apply to cases where a special supervisory authority notifies pursuant to Article 12c (2). They shall notify to the extent necessary to achieve the purpose of the inspection provided for in this Law the facts which the members of the Special Supervisory Body shall know in the performance of their duties.
(1) The independent control body consists of five members elected by the Chamber of Deputies on a proposal from the Government for a period of five years. The Government will always propose to the Chamber of Deputies at least twice as many persons as the number of posts in an independent control body. No one can be a member of an independent control body more than twice in a row. The function of a member of an independent control body shall be a public function.
(2) Only those who:
a) is a national of the Czech Republic,
(b) has reached the age of 40,
c) obtained a university degree in law
1. in the Master's study programme law and legal science by studying at a university in the Czech Republic; or
2. study at a university abroad where such education is recognised in the Czech Republic as equivalent to that referred to in point 1 on the basis of an international agreement which is part of the legal order, or where such education has been recognised under a special legislation, and at the same time that such education corresponds to the content and scope of general education which can be obtained in the Master's study programme by law and legal science in the field of law at a university in the Czech Republic; and
(d) hold a valid certificate of a natural person for a classified grade of Top Secret.
(3) A member of an independent control body cannot be a member of a member of the Security Corps of the Czech Republic, an occupation soldier or an employee of the armed forces of the Czech Republic in the last 3 years.
(4) The function of a member of an independent body of control is incompatible with the performance of the office of the President of the Republic and with the function of a member of the Government, a Deputy Member of the Government, a Member, a Senator, a Member of the European Parliament, a Judge or a member of the institution of a local authority or with the status of a member or a member of the Security Corps of the Czech Republic, a professional soldier or an employee of the armed forces of the Czech Republic.
(5) A member of an independent control body is independent in the performance of his or her duties and is bound in his or her decision by the law of the Czech Republic only; be obliged to perform his duties impartially, within the limits of his authority, and refrain from exercising his or her duties in any way that could jeopardise his or her trust in impartiality, in particular by not having to influence the interests of political parties or movements, public opinion or the media.
(6) The independent inspection body is headed by its chairman, whose term of office is 1 year. The chairman of the independent control body shall be a member of the independent control body in order of age, starting with the oldest member; The chairman of an independent control body cannot be the one who has been in it in the last four years. If it is not possible for the chairman of the body to determine independent control according to the sentence of the second sentence, he is the oldest member of the institution.
(7) The independent inspection body shall be capable of a quorum if at least four of its members are present. A majority of votes shall be required for the decision of the independent control body.
(1) A member of an independent control body takes up his duties by making a promise to the President of the Chamber of Deputies. A member of an independent control body shall take the oath within 30 days of the date of his election.
(2) The promise of a member of an independent body of control is: "I promise in my honour and conscience that I will perform my function independently and impartially, in accordance with constitutional order and with other laws, and that I will protect the legality and integrity of the rights of persons."
(3) The promise of a member of an independent body shall be made if, after reading the promise, the member of the independent body declares "I promise!" and signs on the official record of the composition of the promise. The official record of the composition of the promise shall state the date and place of the composition of the promise.
(4) If a member of an independent control body does not take a vow within the time limit laid down in paragraph 1, if he refuses to take it or makes a promise subject to reservation, he shall be regarded as not being elected.
(5) The function of a member of an independent body shall cease to exist on:
(a) following the date on which its term of office expires;
(b) the expiry of any of the conditions necessary for the performance of his duties;
(c) the commencement of a function incompatible with that of a member of an independent body pursuant to Article 12e (4);
(d) the acquisition of legal power of a judgment which has been convicted of an intentional offence or sentenced to an unconditional custodial sentence;
(e) the acquisition of legal power by a decision approving a settlement which has stopped its prosecution for an intentional offence;
(f) the acquisition of legal power by a decision which has suspended his criminal prosecution for an intentional offence;
(g) the acquisition of legal power by a decision on the suspension of the application for a criminal offence;
(h) the expiry of a certificate of a natural person of a confidential nature, in so far as the expiry of that certificate has not resulted in the delivery of a new certificate of a natural person of the same classification level, or where a procedure has not been followed for the issue of a new certificate of a natural person replacing the original in the event of his theft or loss, damage or alteration of any of the particulars contained therein under the law governing the protection of classified information; or
(i) following the date on which the President of the Chamber of Deputies received a written declaration from a member of an independent body giving up his post.
(6) If one of the reasons for the termination of the function of a member of an independent inspection body referred to in paragraph 5 (b) to (h), the member of the independent control body shall inform the President of the Chamber of Deputies thereof in writing without undue delay.
(7) The President of the Chamber of Deputies shall inform the President in writing of the vacancy of a member of an independent control body without undue delay. The Government shall submit proposals to the Chamber of Deputies for the vacancy of a member of an independent body without undue delay. Election for the vacancy of a member of an independent body shall be held by the Chamber of Deputies within 90 days of the date of receipt of the Government's proposals.
(1) In carrying out its control activities, the independent control authority is entitled to require from the intelligence service all necessary information on its activities related to the control carried out.
(2) The reporting service is not obliged to forward information to the independent control authority which could:
(a) to thwart the purpose of the ongoing action; the intelligence service shall not transmit such information only with the prior approval of the Prime Minister;
(b) to reveal the identity of the reporting agent;
(c) to reveal the identity of persons acting in favour of the intelligence service;
(d) endanger other persons whose security is in the important interest of the intelligence service; or
(e) violate the requirements of the intelligence service of a foreign authority for the non-disclosure of classified information to a third party.
(3) If the authority has independent control as to the unlawful interference of the intelligence service with fundamental rights and freedoms or in violation of the law, it shall be entitled to request the necessary explanations from the Director of the relevant intelligence service.
(4) The independent control authority shall draw up a written report on the basis of the audit carried out on the activities of the intelligence service, showing whether, in a particular case, the activities of the intelligence service have been unlawfully affected by fundamental rights and freedoms or have been infringed by law and in what way. The written report shall be sent by the independent control authority to the specific control authority which has given the independent control authority the incentive to control the intelligence service and to the Director of the intelligence service whose activities have been subject to control. The conclusion by the independent authority of whether the activities of the intelligence service have been unlawfully impacted on fundamental rights and freedoms or the law has been infringed shall be made public in a manner that allows remote access.
(5) Where an independent supervisory authority finds that the activities of the intelligence service interfere with fundamental rights and freedoms or infringes the law, it shall propose to the competent Director of the intelligence service, the Prime Minister or the competent member of the government to take the necessary measures to address the deficiencies. Any suspicion of a criminal offence committed by a member of the intelligence service identified by an independent inspection body in the course of the inspection shall be notified to the highest official.
(6) The independent control authority shall carry out the control of the activities of the intelligence service with the knowledge of the Director of the relevant intelligence service.
(7) The members of the independent inspection body shall be obliged to maintain confidentiality regarding the facts which they learn in the performance of their duties. The obligation to remain silent shall continue after membership of the independent control body has ceased. The obligation to maintain confidentiality imposed on members of an independent inspection body shall not apply to cases where the independent inspection body submits the notification referred to in paragraph 5. Members of the body of independent control may be relieved only by the resolution of the Chamber of Deputies.
(1) The member of the independent inspection body is entitled to a lump sum per month of the salary base fixed for the judge by a salary factor of 0,25 according to the Salary Act and other formalities relating to the performance of the duties of representatives of the State and of certain state authorities and courts. The lump sum is rounded up to CZK 100.
(2) The employer shall provide independent checks to the member of the institution during the period of activity of the independent control body with compensation for wages or salaries. A public servant shall be granted leave for the duration of his or her activity in an independent control body for which the salary is due. The limitation of the scope of the provision of leave provided for in Section 201 (3) of the Labour Code or the duty leave provided for in Section 104 (1) of the Civil Service Act does not apply in this case.
(1) The tasks associated with the professional, organisational and technical security of the independent control body are carried out by its Secretariat, which is included in the Office of the Chamber of Deputies.
(2) The Head of Secretariat of the independent control body shall be appointed and withdrawn by the Head of the Chamber of Deputies.
(3) The independent control authority shall report to the special control authorities once a year on its activities.
(4) Detailed rules for the conduct of an independent control body and the form of reports on its activities shall be laid down in the Rules of Procedure. "
4. In Article 13a (1), "and 13 'is replaced by" to 13'.
5.
The Chamber of Deputies shall be informed of the activities of the intelligence services by the Government through its own control of the intelligence services set up by the Special Supervisory Authorities (hereinafter referred to as the "Competent Authority ').'.
Transitional provisions
1. The activity of the intelligence services carried out before the date of entry into force of this Act is not subject to control by the Authority of independent control of the intelligence services of the Czech Republic.
2. After the first election of all members of the Czech Independent Intelligence Authority, the President of the Chamber of Deputies shall determine the length of the term of office of its individual members by drawing lots, so that 2 persons perform the function of member of the Czech Independent Intelligence Services Body for 3 years, 2 persons perform the function of member of the Czech Independent Intelligence Services Body for 4 years and 1 person perform the function of member of the Czech Independent Intelligence Services Body for 5 years.
3. The independent control body of the Czech intelligence services will begin its activities on the day following the day on which the last of its members took their vows.
Amendment to the Supreme Audit Office Act
Act No. 166 / 1993 Coll., on the Supreme Audit Office, as amended by Act No. 331 / 1993 Coll., Act No. 117 / 1994 Coll., Act No. 224 / 1994 Coll., Act No. 58 / 1995 Coll., Act No. 236 / 1995 Coll., Act No. 78 / 2015 Coll., Act No. 239 / 1995 Coll., Act No. 148 / 1998 Coll., Act No. 132 / 2000 Coll., Act No. 239 / 2000 Coll., Act No. 413 / 2005 Coll., Act No. 23 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 227 / 2009 Coll., Act No. 282 / 2002 Coll., Act No. 179 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 23 / 2006 Coll.
1. In Section 10, at the end of the text of paragraph 7, the words "and with the exception of the function of member of the Body of Independent Control of Intelligence Services of the Czech Republic under the Act on Intelligence Services of the Czech Republic 'are added.
2. In Section 12, the words "and except for the function of member of the Body of Independent Control of Intelligence Services of the Czech Republic under the Act on Intelligence Services of the Czech Republic" are added at the end of paragraph 8.
Amendment to the Public Prosecutor's Act
In Article 24 (6) of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 14 / 2002 Coll. and Act No. 192 / 2003 Coll., the words "and activities in 'are replaced by the words" activities in' and after the word "Parliament ', the words" and activities in the Body of Independent Control of Intelligence Services of the Czech Republic under the Act on Intelligence Services of the Czech Republic' are inserted.
EFFECTIVE
This Law shall enter into force on 1 January 2018.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 325 / 2017 Coll., amending Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.10.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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