Act No. 349 / 2005 Coll.
Act amending Act No. 137 / 2001 Coll., on the special protection of witnesses and other persons in connection with criminal proceedings and amending Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration and on the amendment of certain other laws (Law on Courts and Judges), as amended
Valid
Law
Effective from 13.09.2005
Text versions:
13.09.2005
349
THE LAW
of 5 August 2005
amending Act No. 137 / 2001 Coll., on the special protection of witnesses and others in connection with criminal proceedings and amending Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of Courts and on the amendment of certain other laws (Law on Courts and Judges), as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on Special Protection of Witnesses and Others in connection with criminal proceedings
Act No. 137 / 2001 Coll., on the special protection of witnesses and other persons in connection with criminal proceedings and amending Act No. 99 / 1963 Coll., Civil Code, as amended, is amended as follows:
1. In Article 1, the following paragraph 3 is inserted after paragraph 2:
"(3) Under this law, special protection and assistance may also be provided at the request of the competent authority of a foreign State, which decides on similar protection of a person under the law of a foreign State (hereinafter referred to as" the authority of a foreign State "), or at the request of an international court or tribunal established on the basis of a declared international treaty for which Parliament has given its consent and which the Czech Republic is bound, or at the discretion of an international organisation to which the Czech Republic is a member (hereinafter referred to as" the judicial authority ")."
Paragraph 3 shall become paragraph 4.
2. In Article 3, the dot is replaced by a comma at the end of paragraph 1 and the following point (d) is added:
"(d) verification of compliance with the conditions for granting specific protection and assistance."
3. The following Section 10a is inserted after Section 10:
Authorisation to verify a protected person
(1) Where there is a suspicion that the protected person does not comply with the obligations set out in Article 6, and where such suspicion cannot be verified otherwise, the police shall be entitled to obtain knowledge, to the extent necessary, by means of technical or other means; in so doing, it shall be entitled to make sound, visual or other records, to make wiretaps and records of telecommunications traffic and to require the person performing the telecommunications activity to provide details of the telecommunications operation carried out, which are subject to telecommunications secrecy or which are covered by the protection of personal and intermediary data.
(2) The acquisition of sound, visual or other records, the wiretap and the recording of telecommunications traffic and the request for data on the telecommunications operation carried out may be made only with the prior agreement of the President of the Senate of the Supreme Court responsible for the police department or prison service, which provides special protection and assistance. No appeal shall be admissible against a decision to authorise or refuse an application. ';
4. In Article 21, the following paragraph 4 is added:
"(4) The police may, with the prior consent of the protected person, request assistance from a foreign State authority in the provision of specific protection and assistance. '
5. After Paragraph 21, the following Section 21a is inserted:
Providing specific protection and assistance on request
(1) Police may, following the prior approval of the Minister, grant special protection and assistance under this Act to a person other than the person at risk at the request of a foreign State authority or judicial authority. The provision of such specific protection and assistance shall be subject to the prior consent of such person to the manner and conditions of providing specific protection and assistance, including the processing and use of his personal data.
(2) The police shall terminate the special protection and assistance provided for in paragraph 1:
(a) at the request of a foreign State authority or judicial authority; or
(b) after prior notification by an authority of a foreign State or a judicial authority. "
Amendment of the Law on Courts and Judges
Act No. 6 / 2002 Coll., on Courts, Courts, Addresses and Government Administration of Courts and on the amendment of certain other laws (Law on Courts and Judgments), as amended by Act No. 151 / 2002 Coll., Act No. 228 / 2002 Coll., the Constitutional Court found under Act No. 349 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 441 / 2003 Coll. and Act No. 626 / 2004 Coll., is amended as follows:
In the first sentence of Paragraph 129 (1), the words "in Kromeriz 'shall be inserted after the words" the Academy'.
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 349 / 2005 Coll., amending Act No. 137 / 2001 Coll., on the special protection of witnesses and others in connection with criminal proceedings and amending Act No. 99 / 1963 Coll., the Civil Code, as amended, and Act No. 6 / 2002 Coll., on Courts, Judges, sitting and administration of courts and on the amendment of certain other laws (Law on Courts and Courts), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.09.2005 |
|---|---|
| Effective from | 13.09.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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