Act No. 327 / 2021 Coll.
Act amending Act No. 111 / 2006 Coll., on aid in material distress, as amended, and Act No. 251 / 2016 Coll., on certain offences, as amended by Act No. 178 / 2018 Coll.
Valid
Law
Effective from 01.01.2022
Text versions:
01.01.2022
08.09.2021
327
THE LAW
of 18 August 2021
amending Act No. 111 / 2006 Coll., on aid in material distress, as amended, and Act No. 251 / 2016 Coll., on certain offences, as amended by Act No. 178 / 2018 Coll.
Parliament has decided on this law of the Czech Republic:
Change of aid law in material emergency
Act No. 111 / 2006 Coll., as amended by Act No. 165 / 2006 Coll., Act No. 585 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 379 / 2007 Coll., Act No. 239 / 2008 Coll., Act No. 206 / 2009 Coll., Act No. 229 / 2011 Coll., Act No. 382 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 427 / 2010 Coll., Act No. 73 / 2011 Coll., Act No. 329 / 2011 Coll.
1. In Paragraph 48, the words "unless otherwise specified 'shall be added at the end of the text of paragraph 4.
2. In Paragraph 50, the present text becomes paragraph 1 and the following paragraphs 2 to 6 are added:
"(2) The municipal authority of the municipality with extended jurisdiction shall inform the relevant regional branch of the Labour Office of any infringement pursuant to § 51a (2) (a) and (b), the time of their commission and the administrative penalties imposed on them by law.
(3) The municipal authority of the municipality with extended jurisdiction shall inform the relevant regional branch of the Labour Office of the fines imposed by it and not paid in due time for the offence referred to in § 51a (2) (c) to (f), if found 80) that, within the last 12 months of its commission, the perpetrator has committed at least 2 other offences pursuant to § 51a (2) and the time of all such offences.
(4) The municipal authority of a municipality with extended jurisdiction shall inform the competent regional branch of the Labour Office of the fines imposed by it and not paid in due time for the offence referred to in § 51a (2) (c) to (f) and the time of its commission, also if they have reason to believe that the fine is inoperable by a procedure other than that referred to in § 51a and that at the same time there are serious doubts as to the ability of the offender to remedy; the reasons for the procedure referred to in this paragraph must be justified in such a way that the procedure can be reviewed.
(5) Where the authority of assistance in material distress receives from the municipal authority with extended scope the information referred to in paragraph 2 and, in the case at hand, the procedure provided for in Paragraph 51a cannot be applied, it shall inform the municipal authority with extended scope without delay and not later than 20 days from the date on which it received the information referred to in paragraph 2. Similarly, the body of assistance in a material emergency shall proceed in cases where the procedure provided for in Paragraph 51a is initiated, but the procedure provided for in Paragraph 51a will no longer be applicable after the change of facts, and in cases where the procedure under Paragraph 51a starts, but the penalties may not be applied without delay.
(6) The municipal authority of the municipality with extended jurisdiction shall refrain from recovery of the fine imposed by it from the moment it has made the notification referred to in paragraphs 2 to 4 until it receives the information referred to in paragraph 5. ';
Footnote 80 reads as follows:
"80) § 12 of Act No. 251 / 2016 Coll., on certain offences. '.
3. After Paragraph 51, the following Section 51a is inserted:
Reductions for subsistence allowances and flat-rate allowances for fines for infringements
(1) Reductions may be made from the subsistence allowance and the supplement to the housing allowance to cover the final fines imposed for offences referred to in paragraph 2 by a natural person who is not a juvenile (81) and who is the beneficiary of the subsistence allowance or the supplement to the housing allowance or the person jointly assessed with him, provided that no more than 3 years have elapsed since his commission and no more than one year has elapsed since the final imposition of the fine. The provisions on the inaccessibility of the dose of execution do not apply in this case.
(2) The offences referred to in paragraph 1 are:
(a) the child's failure to register for compulsory schools83);
(b) failure to care for compulsory schools84);
(c) against public policy (85);
(d) against civil tries86),
(e) against property 87); and
(f) in breach of the obligations laid down by the generally binding citizens' decree (88) for the organisation, conduct and termination of publicly accessible sports and cultural enterprises, including dance entertainments and discos-tions, by establishing binding conditions to the extent necessary to ensure public order (89).
(3) The closeness referred to in paragraph 1 shall be decided by the institution of assistance in a material emergency which pays or last pays the benefit. The preference for deductions under this provision shall be those under Paragraph 51. After a reduction from the dose, if there is an unprovided child among the jointly assessed persons, the dose must remain at least at the minimum of its life-expectancy, for each uninsured child from the group of persons jointly assessed.
(4) The department of assistance in material distress shall immediately refer the amount deducted from the benefits referred to in paragraphs 1 to 3 to an account designated by the municipal authority with extended scope which it has imposed. "
footnotes 81 to 89 are as follows:
"81) Paragraph 2 (1) (c) of Act No. 218 / 2003 Coll., on the Liability of Youth for Illegal Acts and on Judicial Affairs in Youth Matters and on the Amendment of Certain Laws (Law on Judicial Matters in Youth Matters), as amended.
82) § 40 of Act No. 500 / 2004 Coll., Administrative Regulation.
83) Paragraph 182a (1) (a) (1) and (2) of Act No. 561 / 2004 Coll., as amended by Act No. 178 / 2016 Coll.
84) Paragraph 182a (1) (a) (3) of Act No. 561 / 2004 Coll., as amended by Act No. 178 / 2016 Coll.
85) Article 5 (1) of Act No 251 / 2016 Coll.
86) § 7 paragraphs 1 and 3 of Act No 251 / 2016 Coll.
87) § 8 paragraphs 1 and 3 of Act No 251 / 2016 Coll.
88) Paragraph 4 (2) of Act No 251 / 2016 Coll.
89) § 10 (b) of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 313 / 2002 Coll. '
4. In Article 75, at the end of the text of point (e), the words "or the reductions referred to in Article 51a 'are added.
Transitional provision
This law does not apply to fines for selected offences, referred to in Section 51a of Act No. 111 / 2006 Coll., as amended by this Act, committed before the date of entry into force of this Act; This does not apply to offences which continue or persist (1) even after the date of entry into force of this law.
Amendment of the law on certain offences
Paragraph 12 of Act No. 251 / 2016 Coll., on certain offences, including the title reads:
Infringements
In the criminal record kept by the Criminal Register, final decisions on the offence shall be entered under:
(a) Sections 5, 7 and 8, with the exception of the judgment on an infringement pursuant to Articles 5 (1) (h) and 5 (2) (d);
(b) Paragraph 4 (2), consisting of a breach of the obligation laid down in a generally binding order of the municipality for the organisation, operation and termination of public accessible sports and cultural enterprises, including dance and discotheque, by establishing mandatory conditions to the extent necessary to ensure public order (1). "
Footnote 1:
"1) § 10 (b) of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 313 / 2002 Coll. '.
EFFECTIVE
This Act shall take effect on 1 January 2022.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
1) Sections 7 and 8 of Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings.
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Regulation Information
| Citation | Act No. 327 / 2021 Coll., amending Act No. 111 / 2006 Coll., on aid in material distress, as amended, and Act No. 251 / 2016 Coll., on certain offences, as amended by Act No. 178 / 2018 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.09.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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