Act No. 381 / 2005 Coll.
Act amending Act No. 349 / 1999 Coll., on the Ombudsman, as amended, and certain other laws
Valid
Law
Effective from 01.01.2006
381
THE LAW
of 19 August 2005
amending Act No. 349 / 1999 Coll., on the Ombudsman, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Ombudsman Act
Act No. 349 / 1999 Coll., on the Ombudsman, as amended by Act No. 265 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 626 / 2004 Coll., is amended as follows:
1. In Article 1, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) The guardian shall carry out systematic visits to places where or may be restricted to the freedom of public authority or as a result of dependency on the care provided, in order to enhance the protection of those persons against torture, cruel, inhuman, degrading treatment or punishment and other maltreatment.
(4) The duties of the Ombudsman under paragraph 3 shall apply to:
(a) the establishment in which the detention is carried out, the punishment for imprisonment, protective or constitutional education or protection treatment;
(b) other places where there are, or may be, persons limited to the freedom of public authority, in particular police cells, facilities for the detention of foreigners and asylum facilities;
(c) places where persons are or may be found limited to freedom as a result of dependency on care provided, in particular social care institutions and other facilities providing similar care, health care and social protection facilities
(hereinafter referred to as "the establishment ').'.
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
2. In Article 1 (5), the words "the administration of the Prosecutor's Office" shall be inserted after the words "with the exception of the institutions."
3. In Article 1 (6), the words "and equipment 'shall be inserted after the words" authorities'.
4. In Paragraph 4 (1), the dot after the word "House 'is replaced by a comma and the words" not before the day following the date on which the term of office of the former protector has expired' are added; in the composition of the promise of the newly elected guardian, his or her duties shall be exercised by the guardian whose term of office has ended. ';
5. In Article 4, the following paragraph 3 is added:
"(3) If the guardian does not take a vow within 10 days of the date of election or if he takes a promise subject to reservation, he shall be seen as if he had not been elected."
6. Paragraph 6 (5) reads as follows:
"(5) The election of the guardian shall take place within a period commencing on the 60th day before the expiry of the term of office of the guardian and ending on the expiry of that term. ';
7. In Article 6, the following paragraphs 6 and 7 are added after paragraph 5:
"(6) If the post of guardian becomes vacant before the end of his term of office, the choice of guardian shall take place within 60 days.
(7) If the Ombudsman has not been elected within the period referred to in paragraph 5 or 6, a new choice shall take place within 60 days. ';
8. In Paragraph 7 (1), the words "criminal prosecution shall be excluded until the expiry of the term of office of the guardian 'are replaced by the words" criminal prosecution of the defendant shall be excluded during the term of office of the guardian'.
9. In Paragraph 7 (2), the words "his office 'are replaced by the words" the Office of the Ombudsman ("the Office') '.
10. in Article 7 (3), the words "his office" shall be replaced by the words "offices."
11. in Paragraph 10 (1), the words "(§ 1)" are replaced by the words "Article 1 (1) and (2)."
12. In Paragraph 10 (2), the words "a person who is deprived of his or her liberty 'are deleted.
13. in Article 15 (1) (c), the words "pursuant to Article 1 (2)" and the words "in which detention, imprisonment, protective or constitutional education or protection treatment are carried out" shall be inserted after the words "in establishments";
14. in Paragraph 15 (4):
"(4) For the purposes of the investigations referred to in the preceding paragraphs, the person entitled to do so under a special law shall, at the request of the Defender, release individual staff members of the Office of Confidentiality, if they are required by a special law. For the purposes of this Act, unless a special law provides for a person entitled to waive the obligation of confidentiality, he shall, for the purposes of that law, be the head of the Office for the staff of the Office, in the case of the head of the Office for his superior office, and, in the absence of such office, the Prime Minister. For the purposes of an investigation under this law, the obligation of confidentiality imposed by the Treaty may not be invoked against the protector. '
15. in Paragraph 20 (2) (b):
"(b) may inform the public of its findings, including the disclosure of the names and surnames of persons authorised to act on behalf of the Office."
16. in Article 20 (3), "§ 15 (1) to (3)" is replaced by "§ 15 and 16."
17. the following Section 21a is inserted after Section 21:
(1) The provisions of paragraphs 15 and 16 apply mutatis mutandis to visits to the establishment (Sections 1 (3) and (4)).
(2) The guard shall draw up a report on his findings after visiting the establishment or following related visits. This report may include recommendations or proposals for corrective measures.
(3) The guard shall invite the establishment to comment on its report, recommendations or proposals for corrective action within a time limit set by the Ombudsman. In this way, the guardian may also call upon the establishment or competent authorities. If the Ombudsman finds their observations sufficient, the establishment or, where appropriate, its founder or the competent authorities shall inform it thereof. Otherwise, on receipt of the observations, or after the time limit has expired, the Ombudsman may act mutatis mutandis in accordance with Paragraph 20 (2).
(4) In the event of failure to fulfil the obligation to cooperate pursuant to Articles 15 and 16, the Ombudsman may proceed in accordance with Article 20 (2). ';
18. In Article 22, the following paragraph 3 is added:
"(3) The guardian is entitled to propose to the highest prosecutor an action for the protection of public interest (1). If the Attorney General does not file an action, he shall proceed in accordance with the Special Act (2).
1) Paragraph 66 (2) of Act No. 150 / 2002 Coll., Administrative Rules.
2) Article 12 (7) of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended. '
19. In Paragraph 23, the sentence "Reports from visits to the establishment, including observations received, and selected reports on completed investigations in individual cases shall be added at the end of paragraph 2, to the Ombudsman's publication in an appropriate manner; Paragraph 20 (2) (b) shall apply mutatis mutandis. ';
20. in Paragraph 25 (1), the words "the Ombudsman (hereinafter referred to as the Office)" shall be deleted and the words "the budgetary organisation" shall be replaced by the words "the organisational body of the State."
21. Paragraph 25 (3), including footnote 3, reads as follows:
"(3) The guardian may entrust the various staff of the Office to carry out investigations in accordance with Articles 15, 16 and 21a (1) and to act on his behalf in the relevant court or Constitutional Court proceedings).
3) Paragraph 64 (2) (f) of Act No. 182 / 1993 Coll., on the Constitutional Court, as amended by Act No. 18 / 2000 Coll. '
Amendment to the Public Health Protection Act
In Section 89 of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended by Act No. 320 / 2002 Coll. and Act No. 274 / 2003 Coll., the dot is replaced by a comma at the end of paragraph 1 and the following point (i) is added:
"(i) to the Ombudsman in connection with an investigation under a special law."
Amendment to the Act on Social Protection for Children
In Article 51 of Act No. 359 / 1999 Coll., on Social Protection for Children, as amended by Act No. 257 / 2000 Coll., Act No. 272 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 518 / 2002 Coll. and Act No. 436 / 2004 Coll., the dot is replaced by a semicolon at the end of paragraph 5 and the following point (e) is added:
"(e) to provide the Ombudsman with the information required in an inquiry under a special law."
Amendment to the Securities Commission Act
In Article 26 of Act No. 15 / 1998 Coll., on the Securities Commission and amending and supplementing other laws, as amended by Act No. 308 / 2002 Coll. and Act No. 257 / 2004 Coll., at the end of paragraph 2, the dot is replaced by a comma and the following point (h) is added:
"(h) The Ombudsman in connection with an investigation under a special law."
Amendment of the State Social Support Act
In Article 64 of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 242 / 1997 Coll., Act No. 132 / 2000 Coll., Act No. 271 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 453 / 2003 Coll. and Act No. 436 / 2004 Coll., at the end of paragraph 4, the dot is replaced by a comma and the following point (c) is added:
"(c) to provide the Ombudsman with the information required in connection with an investigation under a special law."
Amendment to the General Health Insurance Insurance Act
In Article 23 of Act No. 592 / 1992 Coll., on Insurance for General Health Insurance, as amended by Act No. 59 / 1995 Coll., Act No. 149 / 1996 Coll., Act No. 127 / 1998 Coll., Act No. 138 / 2001 Coll. and Act No. 49 / 2002 Coll., at the end of paragraph 6, the dot is replaced by a comma and the following point (f) is added:
"(f) information requested by the Ombudsman in connection with an investigation under a special law."
Amendment of the Act on the organisation and implementation of social security
In Article 14 of Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended by Act No. 307 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 160 / 1995 Coll., Act No. 306 / 1997 Coll., Act No. 159 / 2000 Coll., Act No. 411 / 2000 Coll., Act No. 151 / 2002 Coll., Act No. 424 / 2003 Coll. and Act No. 436 / 2004 Coll., at the end of paragraph 3, the dot is replaced by a comma, and the following point (l) is added:
"(l) information requested by the Ombudsman in connection with an investigation under a special law."
Amendment to the Public Prosecutor's Act
In Article 12 of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 14 / 2002 Coll., the following paragraph 7 is inserted after paragraph 6, including footnote 1:
"(7) The Attorney General shall inform the Ombudsman of the manner in which his application for action for the protection of the public interest is handled in accordance with the Special Law (1b) no later than 3 months after the receipt of the application. The failure to comply with the application shall be justified by the Attorney General.
1b) Paragraph 22 (3) of Act No. 349 / 1999 Coll., on the Ombudsman, as amended by Act No. 381 / 2005 Coll. '
Paragraph 7 shall become paragraph 8.
EFFECTIVE
This Law shall take effect on 1 January 2006.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 381 / 2005 Coll., amending Act No. 349 / 1999 Coll., on the Ombudsman, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.10.2005 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Banking, Money
Securities
Taxes
Finance
Power of executive and government authorities
Civil law
Civil law substantive
Commercial law
Social security law
Industrial rights
Social Services, Social Assistance
Judicial and Public Prosecutor's Office
Administrative law
Government
Constitutional (state) law
Fundamental human rights
Health
The regulation text is for informational purposes only.
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