Act No. 341 / 2011 Coll.
Law on the General Inspection of Security Corps and on the amendment of related laws
Valid
Law
Effective from 01.01.2012
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
HLAVA II
§ 3
§ 4
§ 5
§ 6
§ 7
HLAVA III
§ 8
§ 9
HLAVA IV
§ 10
§ 11
§ 12
HLAVA V
§ 13
§ 13a
§ 14
§ 15
§ 15a
§ 16
§ 16a
§ 17
HLAVA VI
§ 18
§ 19
HLAVA VII
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
HLAVA VIII
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 34a
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 48a
§ 49
§ 50
§ 51
§ 52
§ 53
§ 53a
§ 53b
HLAVA IX
§ 54
§ 54a
§ 54b
§ 54c
§ 54d
HLAVA X
§ 55
HLAVA XI
§ 56
§ 57
§ 57a
§ 57b
§ 57c
HLAVA XII
§ 58
§ 59
HLAVA XIII
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 67a
HLAVA XIV
§ 68
§ 69
§ 70
§ 71
ČÁST DRUHÁ
§ 72
ČÁST ČTVRTÁ
§ 74
ČÁST PÁTÁ
§ 75
ČÁST ŠESTÁ
§ 76
㤠10c
ČÁST SEDMÁ
§ 77
ČÁST OSMÁ
§ 78
ČÁST DEVÁTÁ
§ 79
ČÁST DESÁTÁ
§ 80
ČÁST JEDENÁCTÁ
§ 81
ČÁST TŘINÁCTÁ
§ 83
ČÁST ČTRNÁCTÁ
§ 84
ČÁST PATNÁCTÁ
§ 85
ČÁST ŠESTNÁCTÁ
§ 86
ČÁST SEDMNÁCTÁ
§ 87
ČÁST OSMNÁCTÁ
§ 88
ČÁST DEVATENÁCTÁ
§ 89
ČÁST DVACÁTÁ
§ 90
ČÁST DVACÁTÁ PRVNÍ
§ 91
㤠20a
㤠27
㤠187
§ 92
ČÁST DVACÁTÁ DRUHÁ
§ 93
ČÁST DVACÁTÁ TŘETÍ
§ 94
ČÁST DVACÁTÁ ČTVRTÁ
§ 95
ČÁST DVACÁTÁ PÁTÁ
§ 96
ČÁST DVACÁTÁ ŠESTÁ
§ 97
㤠71a
ČÁST DVACÁTÁ SEDMÁ
§ 98
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341
THE LAW
of 6 November 2011
on the General Inspection of Security Corps and the amendment of related laws
Parliament has decided on this law of the Czech Republic:
GENERAL INSPECTION OF SAFETY COLLECTIONS
STABILITY AND SCOPE OF THE GENERAL INSPECTION OF SECURITY BODIES
(1) A General Inspection of Security Corps (hereinafter referred to as "inspection") is hereby established, which is an armed Security Corps.
(2) The head of the inspection is the Director of the Inspection ("the Director '), whom he appoints and rescues (1) on a proposal from the Government and after consulting the Committee of the Chamber of Deputies responsible for security matters, the Prime Minister to whom the Director is responsible for his duties.
(3) The tasks of the inspection are carried out by inspection officers carrying out a service in accordance with the law governing the service of members of the security corps (1) (hereinafter referred to as "the member of the inspection") and by employees of the Czech Republic who are assigned to carry out the inspection work (hereinafter referred to as "the inspection staff").
(4) The inspection is an organisational component of the State and the entity. Its revenue and expenditure shall constitute a separate chapter of the State budget. The Director shall act as Head of the State Organisational Branch.
(1) The task of the inspection is to seek, detect and verify facts suggesting that a criminal offence has been committed, the perpetrator of which is:
(a) Member of the Police of the Czech Republic, customs officer or member of the Prison Service of the Czech Republic (hereinafter referred to as "Security Corps") or member of an inspection,
(b) an employee of the Czech Republic assigned to work in the Police of the Czech Republic (hereinafter referred to as "police staff") or an inspection staff; or
(c) an employee of the Czech Republic who has been assigned to work in the Customs Administration of the Czech Republic or the Prison Service of the Czech Republic (hereinafter referred to as the "Security Corps"), where the offence has been committed in connection with the performance of his duties.
(2) The task of the inspection is to investigate a criminal offence
(a) a member of the Security Corps or a police officer; and
(b) a staff member of the Security Corps where the offence has been committed in connection with the performance of his duties.
(3) The purpose of the inspection is to carry out a reliability test for the persons referred to in paragraphs 1 and 2.
(4) The task of the inspection shall be to monitor and evaluate information on the illegal activities of members of the Security Corps, of the Inspectors, of the Police, of the Inspection Staff and of the Security Corps. The inspection shall propose measures to prevent such illegal activity.
(5) The task of the inspection is to issue methodological recommendations for the activities of individual security bodies.
BASIC OBLIGATIONS
Politeness
The inspection officer and the inspection staff shall, when carrying out their tasks, comply with the rules of courtesy and respect for the honour, seriousness and dignity of the persons and their own.
Initiative
(1) If the life, health, freedom of persons or property is immediately threatened or the attack on these values has taken place, the member of the inspection, even when off-duty, shall be obliged to carry out an action under his authority (hereinafter referred to as the "act ') or take other measures to eliminate the threat or breach.
(2) An inspection officer shall not be obliged to carry out an operation or other action if:
(a) carry out other activities, in particular:
1. carry out tasks involving the operational means of search (2) or operational means of search,
2. Chases a criminal,
3. act under uniform command,
4. carry out a cryptographic or courier service in which the timely transmission of encrypted messages or goods may be compromised;
5. ensuring the safety of persons;
6. conduct training and preparation for the use of an operationally search engine or support operational search engine; or
7. receives knowledge from the interest environment in accordance with § 39;
whose interruption or termination would appear to have more serious consequences than the failure to fulfil that obligation;
(b) his abilities are reduced as a result of his medical condition or the influence of medicines or other substances, so that the proper execution or completion of an operation or other measure would be jeopardised;
(c) has not been trained or trained to carry out an act or other measure and the nature of the act or other measure requires such training or training; or
(d) it is clear that the action or other measure cannot be successfully completed.
(3) Where circumstances permit, a member of the inspection shall be obliged to use the words "Name of the Law 'and the corresponding challenges before carrying out an act in which there is direct enforcement of the legal obligation or direct protection of rights, using force or threat of its application (hereinafter referred to as" the procedure').
Proportionality of the procedure
Inspection officer and inspection staff shall be required:
(a) ensure that no person is harmed unfounded as a result of their action;
(b) ensure that their decision not to carry out the operation does not give rise to unfounded damage to the person whose safety is at risk;
(c) to proceed in such a way that any interference in the rights and freedoms of the persons against whom the action is directed, or persons not involved, does not exceed the necessary level to achieve the purpose pursued by the action.
Proof of jurisdiction
(1) In carrying out the operation, the inspection officer shall demonstrate his / her competence for the inspection by means of a service pass, service badge or external identification of the inspection officer, on which the identification number must be clearly visible. The staff member of the inspection shall, when carrying out the operation, demonstrate his / her responsibility for the inspection by means of an inspection card.
(2) Where the nature or circumstances of the operation do not permit proof of competence in the manner referred to in paragraph 1, the inspection officer or inspection staff shall demonstrate their responsibility for inspection by the oral declaration "General Inspection '; This does not apply if the nature or circumstances of the operation also obstruct the oral declaration. In accordance with the procedure referred to in paragraph 1, the inspection officer or inspection staff shall be proved as soon as the circumstances permit.
(3) The obligation to prove responsibility for an inspection shall not lie with the inspection officer who is legally concealing that competence.
Lessons
The inspection officer or the inspection staff shall, before carrying out the operation, instruct the person concerned by the act on the legal grounds for carrying out the operation and, if the action involves interference with the rights or freedoms of the person, its rights and obligations. Where the nature and circumstances of the operation are obstructed, the person shall be informed or provided for as soon as the circumstances permit.
COOPERATION AND OTHER RELATIONS OF INSPECTION
The inspections shall cooperate with the armed forces, the security forces and other public authorities, as well as with legal and natural persons in the performance of their tasks.
(1) The inspection officer shall be entitled, to the extent necessary to fulfil a specific inspection task, to request material and personal assistance from the authorities and persons referred to in Section 8, in particular the necessary supporting documents and information, including personal data. Those authorities and persons may not comply with his request if they are prevented from doing so by a legal or State-recognised obligation of secrecy or by other legal obligations. A natural person may no longer do so if, by providing assistance, he would put himself or someone close to him at serious risk.
(2) The inspection may require the Security Councils and other State bodies to carry out the specific inspection task where necessary.
(a) technical and personnel security of the wiretap and recording of telecommunications traffic or operationally search2); in the application it shall demonstrate that the use of wiretap and recording of telecommunications traffic or the monitoring of persons and objects has been authorised under the criminal rules;
(b) provision of expert opinions and expert opinions, traces and other evidence-related acts in criminal proceedings;
(c) cooperation in securing, detaining or arresting a person, placing a person in a cell or any other restriction on freedom and escorting such person; or
(d) other synergies, unless they are able to carry out a particular task differently.
LIMITATION OF PERSONAL FREEDOM
Paragraph 24 of the Police Act of the Czech Republic shall apply mutatis mutandis to the limitation of personal freedom and to the restriction of the possibility of free movement of a person by seatbelt shall apply mutatis mutandis to Section 25 of the Police Act of the Czech Republic; where the term "police 'is used in those provisions, this means inspection for the purposes of this law and where the term" police' is used in those provisions, that is to say, a member of the inspection for the purposes of this law.
Security of the person
(1) The inspection officer shall be entitled to provide the person who:
(a) directly endangers the life, life or health of other persons or property by acting;
(b) be presented in accordance with the criminal rules;
(c) has resisted or attempted escape in the course of a demonstration under this law; or
(d) in the premises used, pollutes or harms property or verbally insults or physically attacks another person.
(2) The inspection officer shall release the person without undue delay after the absence of grounds for detention.
(3) Security may take no more than 24 hours from the time of restrictions on personal freedom.
(4) An official record of the security shall be drawn up by the inspection officer.
Cells
Paragraph 28 to 33 of the Police Act of the Czech Republic shall apply mutatis mutandis to the placing of a person in a cell and to the conditions of residence of a person in a cell; where the term "police 'is used in those provisions, this means inspection for the purposes of this law and where the term" police' is used in those provisions, that is to say, a member of the inspection for the purposes of this law.
PROCEDURE RELATING TO MATTERS
Issue and removal of weapons and search of persons
(1) An inspection officer shall be entitled to call on a person to issue a weapon if he or she is in danger of being used unjustly for violence or threat by force. After a previous futile challenge, an inspector shall be entitled to remove the weapon.
(2) The inspection officer shall be entitled to inspect the person and to remove the weapon if:
(a) the personal freedom of the person is to be restricted;
(b) the operation is directed against it; or
(c) another action is being taken against it, there is a risk that it will resist, and it is suspected that it has a weapon on it.
(3) An official record of the inspection shall be drawn up by the inspection officer.
(4) An inspection officer shall issue a certificate of withdrawal without undue delay to the person who issued the weapon or to whom it was taken.
(5) A member of the inspection shall return the weapon issued or taken if the reason referred to in paragraph 1 or 2 is no longer valid. The person is required to confirm the return of the weapon by signature.
Withdrawal
(1) The inspection officer may invite the person to issue the case if:
(a) it may be considered that the infringement may be forfeited or prevented; or
(b) it is a matter of importance for infringement proceedings.
(2) Following the previous futile call for a case referred to in paragraph 1, the inspection officer shall be entitled to withdraw the case. A case the value of which is in obvious disproportion to the nature of the offence cannot be withdrawn. Where the safety of persons or property or other similar general interest so requires, the second sentence shall not apply.
(3) An official record of the issue or withdrawal of the case shall be drawn up by the inspection officer and certified to the person. The inspection officer shall, if necessary for further proceedings, forward the matter to the authority responsible for the infringement; otherwise issue it to a person whose right to the matter is without doubt, or return to the person who issued it or who was withdrawn.
(4) Where a case referred to in paragraph 1 or 2 is a narcotic or psychotropic substance or a drug precursor or another chemical or other object intended for the manufacture of narcotic drugs or psychotropic substances, an inspection shall request the police of the Czech Republic to cooperate in the destruction of a case under another legislation (23).
Possession and use of dangerous substances and goods
(1) The inspection may, for the purposes of teaching, training, testing, expert or expert activities, carry out a reliability test or perform other activities in the course of a full task, acquire, retain, manufacture and use dangerous substances and goods.
(2) For the purposes of this Act, dangerous substances and goods are, in particular, narcotic drugs and psychotropic substances, drug precursors, other chemicals or articles intended for the manufacture of narcotic drugs and psychotropic substances, poisons, counterfeit means of payment, stamps and securities or other documents, goods not labelled in contravention of other legislation, control tapes or other goods for tax purposes or goods labelled in breach of other legislation.
(3) Inspections
(a) take measures to prevent unauthorised or accidental access to or the unauthorised use, destruction or loss of dangerous substances and goods;
(b) it shall process and maintain a register of dangerous substances and goods;
(c) carry out documentation of technical and organisational measures to ensure the protection of dangerous substances and goods and to eliminate risks arising from the nature of this material for the safety of persons and property.
Entry into a business establishment
(1) In carrying out a particular inspection task, the inspection officer shall be entitled to enter premises where natural persons may reasonably be considered to be present at the premises, even after the end of the period of sale or operation. This is without prejudice to the provisions of the criminal rules governing entry into dwellings, other premises or land.
(2) Unless it is otherwise possible to achieve a specific inspection task, the member of the inspection shall be entitled to open the establishment or otherwise arrange access to it, if necessary with force.
Entry into dwellings, other premises or land
(1) An inspection officer may, in the performance of a particular inspection task, enter a dwelling, other premises or land without the consent of the user and take the necessary action or other measures there only if the matter cannot be delayed and entry there is necessary to protect the life or health of persons.
(2) Furthermore, the inspection officer may enter the dwelling, other premises or land without the consent of the user and carry out the necessary acts or other measures in the event of persecution.
(3) The inspection officer may, in order to enter the place referred to in paragraphs 1 and 2, open the site or otherwise arrange for access to it, if necessary by force.
(4) The inspection officer shall be obliged to ensure the presence of the non-party when entering the place referred to in paragraphs 1 and 2 and in subsequent operations or measures; there is no need to do so if there is a risk of delay or if there is a risk of life or health of the non-party.
(5) Upon completion of operations or other measures, the inspection officer shall notify the occupant of the dwelling, other premises or land without undue delay and ensure that the site is secured if the user or other authorised person cannot do so.
(6) After entering the place referred to in paragraph 1, no acts or measures other than those intended to fulfil the purpose referred to in paragraphs 1 and 2 may be carried out.
Stopping and inspection of means of transport
(1) The inspection officer shall be entitled to stop the means of transport and to inspect it,
(a) if he persecutes the perpetrator of the intentional crime,
(b) seeking the perpetrator of an intentional offence or of a case of such an offence originating in or related to such a criminal offence;
c) Looking for a wanted person,
(d) searching for weapons, ammunition, ammunition, explosives, narcotic drugs and psychotropic substances, drug precursors, other chemical substances or articles intended to manufacture narcotic drugs and psychotropic substances or poisons; or
(e) seeking matters arising from or related to crime;
if there is reason to believe that such a person or thing is present in the means of transport.
(2) An inspection officer shall be entitled to stop and inspect the means of transport if he / she has reason to suspect that an offence has been committed by the use of the means of transport, on the means of transport or in connection with the means of transport.
(3) The inspection officer shall be entitled to open the means of transport for inspection or otherwise arrange for access to it, if necessary by force.
Examination of the presence of alcohol and other addictive substances
The inspection officer shall be entitled, in the performance of a particular inspection task, to invite the person referred to in Article 2 (1) to undergo an indicative examination or expert medical examination where there are reasonable grounds for suspecting that he is under the influence of alcohol or other addictive substances.
(1) Where this requires the completion of a specific inspection task, the inspector shall be entitled to invite everyone to:
(a) have not entered the place designated by the inspection officer during the necessary period (hereinafter referred to as the "designated place");
(b) has not remained at the designated place for the period necessary; or
(c) remain at the designated place for the time required if there is a serious threat to life or health.
(2) Technical means may be used to indicate or define the designated place. Where a belt marked "General Inspection of Security Corps' is used as a technical device, it shall be deemed to be a call under paragraph 1.
SHORT-TERM PROTECTION OF PERSONS
(1) The inspection ensures the short-term protection of the person in the context of the performance of its tasks.
(2) For the purposes of this Act, for the short term protection of a person, a measure involving:
(a) physical protection;
(b) a temporary change of residence;
(c) the use of safety equipment; or
(d) advice-prevention activities.
(3) A short-term protection of a person shall be provided by an inspection in justified cases to a person who appears to be in danger of harm to his health or of any other serious danger relating to the performance of the inspection's tasks but cannot be given special protection and assistance (3); in justified cases, short-term protection of a person shall also be provided to persons close to a person who appears to be in danger of harm to his or her health or any other serious danger to the performance of inspection tasks.
(4) The Director shall decide on the granting of short-term protection for the person. In the event of an imminent attack on the life or health of a person, the inspection officer shall provide that person with prior physical protection and inform his superior accordingly.
(5) The short term protection of the person may not be provided without the consent of the person to be provided.
(1) In ensuring the short-term protection of the person, the inspector shall be entitled to inspect the person, the baggage, the item, the means of transport or the object located in the area from which the safety of the protected person may be compromised and to inspect such space.
(2) An inspection of the person referred to in paragraph 1 shall be authorised by the inspection officer if that person does not immediately leave the premises referred to in paragraph 1 or if there is a risk of delay.
(3) The inspection of the premises shall be carried out by the inspection officer only with the permission of the owner or user. Without such permission, the inspection officer shall be authorised to carry out an inspection if there are reasonable grounds for suspecting an attack on the safety of the protected person.
(4) The inspection of the premises, baggage, items and means of transport must not pursue any other interest than to ensure the safety of the protected person.
USE OF DONOCATION ENVIRONMENTAL AND BRANCH
General provisions
The inspection officer shall be entitled to use the enforcement agent and the weapon he has been trained to use.
Enforcement
Enforcement means
(a) touches, moves, punches and kicks,
(b) tear-forming, electrical or other temporarily incapacitating agents;
(c) baton and other means of strike;
(d) a firing gear having the character of a temporarily incapacitating firearm;
(e) the stopping belt, the roadblock of the vehicle and any other means of stopping the vehicle by force or preventing the vehicle from leaving;
(f) a firearm strike;
(g) a threat to firearms;
(h) a warning shot;
(i) handcuffs,
(j) a means of avoiding spatial orientation.
General conditions for use of the enforcement device
(1) The inspection officer shall be entitled to use a means of enforcement to protect the safety of his or her person, other person or property.
(2) Before using the means of enforcement, the inspector shall be obliged to invite the person against whom he is acting to refrain from the infringement, with a warning that enforcement measures will be used. This does not apply if a vehicle is used to prevent the vehicle from leaving. A call may be waived if the person's life or health is at risk and the procedure cannot be delayed.
(3) The inspection officer shall be entitled to use a means of enforcement which:
(a) enable the purpose of the procedure to be achieved; and
(b) is necessary to overcome the resistance or attack of the person against whom he is acting.
(4) The inspection officer shall only be authorised to use the electrical means of enforcement if the use of another means of enforcement would clearly not be sufficient to achieve the purpose pursued by the operation.
(5) The inspection officer shall, when using the means of enforcement, ensure that he / she does not cause any damage to the person likely to be disproportionate to the nature and danger of his / her infringement.
Use of handcuffs and devices to avoid spatial orientation
A member of the inspection shall be entitled to use handcuffs and means of avoiding spatial orientation also when a person is handcuffed.
(a) secured;
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
HLAVA II
§ 3
§ 4
§ 5
§ 6
§ 7
HLAVA III
§ 8
§ 9
HLAVA IV
§ 10
§ 11
§ 12
HLAVA V
§ 13
§ 13a
§ 14
§ 15
§ 15a
§ 16
§ 16a
§ 17
HLAVA VI
§ 18
§ 19
HLAVA VII
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
HLAVA VIII
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 34a
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 48a
§ 49
§ 50
§ 51
§ 52
§ 53
§ 53a
§ 53b
HLAVA IX
§ 54
§ 54a
§ 54b
§ 54c
§ 54d
HLAVA X
§ 55
HLAVA XI
§ 56
§ 57
§ 57a
§ 57b
§ 57c
HLAVA XII
§ 58
§ 59
HLAVA XIII
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 67a
HLAVA XIV
§ 68
§ 69
§ 70
§ 71
ČÁST DRUHÁ
§ 72
ČÁST ČTVRTÁ
§ 74
ČÁST PÁTÁ
§ 75
ČÁST ŠESTÁ
§ 76
㤠10c
ČÁST SEDMÁ
§ 77
ČÁST OSMÁ
§ 78
ČÁST DEVÁTÁ
§ 79
ČÁST DESÁTÁ
§ 80
ČÁST JEDENÁCTÁ
§ 81
ČÁST TŘINÁCTÁ
§ 83
ČÁST ČTRNÁCTÁ
§ 84
ČÁST PATNÁCTÁ
§ 85
ČÁST ŠESTNÁCTÁ
§ 86
ČÁST SEDMNÁCTÁ
§ 87
ČÁST OSMNÁCTÁ
§ 88
ČÁST DEVATENÁCTÁ
§ 89
ČÁST DVACÁTÁ
§ 90
ČÁST DVACÁTÁ PRVNÍ
§ 91
㤠20a
㤠27
㤠187
§ 92
ČÁST DVACÁTÁ DRUHÁ
§ 93
ČÁST DVACÁTÁ TŘETÍ
§ 94
ČÁST DVACÁTÁ ČTVRTÁ
§ 95
ČÁST DVACÁTÁ PÁTÁ
§ 96
ČÁST DVACÁTÁ ŠESTÁ
§ 97
㤠71a
ČÁST DVACÁTÁ SEDMÁ
§ 98
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Regulation Information
| Citation | Act No. 341 / 2011 Coll., on General Inspection of Security Corps and on the amendment of related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Health and safety at work
Customs law
Social security benefits
Transport
Finance
Financial control
International law
International public law
Civil law
Civil law substantive
Labour relations
Employment. Service relationship
Labour law
Social security law
Social security management
Administrative offences
Administrative law
State (official) control
Government
Telecommunications, Communications, Mail
Criminal law
Criminal law substantive
Criminal law
Constitutional (state) law
Science and research
General internal administration
Fundamental human rights
Health
Eligibility for the pursuit of certain professions (activities)
The regulation text is for informational purposes only.
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