Act No. 40 / 1974 Coll.
National Security Corps Act
Valid
Effective from 01.07.1974
Contents
§ 1
§ 2
§ 3
HLAVA PRVNÍ
§ 4
§ 5
§ 6
§ 7
HLAVA DRUHÁ
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
HLAVA TŘETÍ
Oddíl první
§ 15
§ 16
§ 17
§ 18
Oddíl druhý
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 31a
Oddíl třetí
§ 32
§ 33
§ 34
§ 35
§ 36
HLAVA ČTVRTÁ
Oddíl první
§ 37
§ 38
§ 39
§ 41
§ 42
§ 43
Oddíl druhý
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
Oddíl třetí
§ 51
§ 53
HLAVA PÁTÁ
§ 54
§ 55
§ 56
§ 57
§ 58
HLAVA ŠESTÁ
§ 59
HLAVA SEDMÁ
§ 60
§ 61
§ 62
§ 63
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40
THE LAW
of 24 April 1974
on the National Security Corps
Protecting the socialist social and state establishment, public order and property in socialist property, as well as protecting the security of citizens and their rights and property, is one of the decisive preconditions for the successful development of our socialist society. In doing so, the National Security Corps plays an important role, which - based on the objectives and directives set by the Communist Party of Czechoslovakia - in cooperation with other authorities of the state, state, cooperative and social organisations as well as citizens, reveals hostile action against the Czechoslovak Socialist Republic and other anti-social activities, helps to eliminate their causes and seeks to consistently respect and consolidate socialist lawfulness and state discipline.
In order to create suitable conditions for the activities of the National Security Corps while ensuring the legal rights and freedoms of citizens, the Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
(1) The National Security Corps is a unified armed security corps whose primary mission is to protect socialist social and state institutions, public order, the security of persons and property.
(2) The National Security Board shall carry out its mission through preventive and educational activities and the application of state enforcement measures.
The National Security College shall contribute to ensuring that all citizens can exercise their rights while fully preserving their dignity and personal freedom in accordance with the rule of law and the interests of socialist society.
(1) In its work, the National Security Corps is governed by the Constitution of the Czechoslovak Socialist Republic, constitutional laws, laws and other legislation.
(2) The National Security Corps and its members may intervene in the rights and freedoms of citizens if the protection of the socialist social and state establishment, public order, security of persons or property so requires, only within the limits of the law and to the extent appropriate to the protected interest.
Tasks of the National Security Board
Basic tasks
In carrying out its mission, the National Security Corps shall:
(a) to detect and eliminate hostile activities against the Czechoslovak Socialist Republic;
(b) protect the safety of persons and property;
(c) concentrate and process information relevant to the security of the State and its political and economic development;
(d) ensure the protection of constitutional officials;
(e) ensure the protection of objects of particular importance within the defined scope;
(f) identify and identify the perpetrators of the offences and offences;
(g) investigate and search for criminal offences and clarify offences under the criminal rules;
(h) participate in the provision of tasks laid down in the regulations on the protection of national, economic and professional secrecy; 1)
(ch) cooperate in defending the Czechoslovak Socialist Republic and in protecting national borders;
(i) operate in the provision of public order and, if it has been infringed, take measures to restore it;
(j) cooperate in road traffic management and supervise its safety and continuity;
(k) reveals offences which it also clarifies under specific regulations and, if provided for in Law 2, decides on offences;
(l) perform the tasks set out in the protection supervision.
Other tasks
(1) The Minister of the Interior of the Czechoslovak Socialist Republic may delegate the services of the National Security Corps to carry out tasks entrusted to the Federal Ministry of Interior under the applicable generally binding legislation; The Minister of Interior of the Czech Socialist Republic and the Minister of Interior of the Slovak Socialist Republic may entrust the services of the National Security Corps to carry out tasks entrusted to the Ministry of Interior of the Czech Socialist Republic and the Ministry of Interior of the Slovak Socialist Republic according to the relevant generally binding legislation.
(2) The Minister of the Interior of the Czechoslovak Socialist Republic may invite members of the National Security Corps to perform the tasks of the troops of the Ministry of Interior. If members of the National Security Corps perform the tasks of the troops of the Ministry of Interior, they shall have the same rights and obligations in the performance of these tasks as the soldiers of these troops, unless the Minister of Interior of the Czechoslovak Socialist Republic decides otherwise.
(3) The National Security College also carries out other tasks of the administration, where specific rules so provide.
(1) If there is an imminent danger of serious threats to public policy which cannot be eliminated by the forces and means of the competent authorities, the National Security College is obliged to participate in the deterrence of that danger. In such cases, the activities of the National Security Corps shall be limited to the implementation of the necessary measures.
(2) If the measures referred to in paragraph 1 have been implemented without the knowledge of the competent authority, the National Security Corps shall immediately inform that authority and the local national committee thereof.
International cooperation
The National Security Corps shall, in accordance with the relevant agreements, participate in strengthening the security of the countries of the world socialist system; to this end, cooperate with the security services of those States.
ORGANISATION AND MANAGEMENT OF THE NATIONAL SECURITY COMMITTEE
Basic principles of organisation
(1) According to military principles, the National Security Corps is an organised corps that performs tasks throughout the territory of the Czechoslovak Socialist Republic.
(2) The Government of the Czechoslovak Socialist Republic approves the basic principles of organisational construction and of the overall figures of the National Security Corps.
(3) The principles of the organisation of the National Security Corps are laid down by the Minister of the Interior of the Czechoslovak Socialist Republic.
(4) The organisation of the services of the National Security Corps managed by the Minister of Interior of the Czechoslovak Socialist Republic is determined by the Minister of Interior of the Czechoslovak Socialist Republic. The organisation of the National Security Corps services managed by the Minister of Interior of the Czech Socialist Republic and the Minister of Interior of the Slovak Socialist Republic are determined by these ministers.
(1) A State Security component and a Public Security component are created within the National Security Corps.
(2) The National Security Corps is divided into departments; State security services and Public Security services shall be subordinate to the chiefs and commanders in those branches.
(3) In principle, the National Security Corps is organised according to regions, districts and districts.
(1) The Minister of the Interior of the Czechoslovak Socialist Republic is a member of the National Security Corps; Minister of Interior of the Czech Socialist Republic and Minister of Interior of the Slovak Socialist Republic are the leaders of all members of the National Security Corps, who are included in the departments managed by them.
(2) A closer regulation of the relationship between the supervisory and subordination of members of the National Security Corps, as well as the provision of uniform service in the services of the National Security Corps, is provided by the Minister of Interior of the Czechoslovak Socialist Republic within the limits of the relevant legislation3.
Regional Administration of the National Security Corps
The activities of the National Security Corps services in the regions shall be provided by the Regional Administration of the National Security Corps.
(1) The leaders of the Regional Councils of the National Security Corps are the leaders of the regional authorities of the
(a) coordinate and directly manage the activities of the National Security Corps services to the extent specified;
(b) organise cooperation between the services of the National Security Corps with the State and other authorities;
(c) are responsible for the material technical and financial security of the activities of all the departments of the National Security Corps.
(2) In detail, the Ministry of the Interior of the Czechoslovak Socialist Republic sets out the tasks and scope of the powers of the Regional Administration of the National Security Corps in agreement with the Minister of Interior of the Czech Socialist Republic and the Minister of Interior of the Slovak Socialist Republic.
National Security Corps investigators
(1) There are investigators in the National Security Corps who conduct investigations in accordance with the provisions of the Code of Criminal Procedure.
(2) An investigator of the National Security Corps may be appointed as a member who fulfils the conditions for the appointment of an investigator under specific regulations.4)
(3) National Security Corps investigators are appointed by the Minister of Interior of the Czechoslovak Socialist Republic, the Minister of Interior of the Czech Socialist Republic and the Minister of Interior of the Slovak Socialist Republic.
(4) In matters relating to investigations, the investigators of the National Security Corps shall be responsible to the Joint Chiefs of Investigation.
Jurisdiction of military courts in matters relating to members of the National Security Corps
Members of the National Security Corps shall be subject to the jurisdiction of military courts and provisions on criminal offences.
OBLIGATIONS AND AUTHORISATIONS OF THE COMPETENT AUTHORITIES
Obligations of members of the National Security Corps in the performance of their duties
(1) In the performance of their duties and in the course of their duties, the members of the National Security Corps shall be required to ensure the honour, dignity and dignity of their citizens and to ensure that citizens do not cause unjustified harm in relation to such activities and that any interference with their rights and freedoms does not exceed what is necessary to achieve the purpose of the implementing measure.
(2) If the circumstances of the case so permit, members of the National Security Corps shall be obliged to instruct citizens, both on their rights and on the possibility of lodging a complaint, in carrying out their duties.
(1) Members of the National Security Corps shall, within the limits of this law, intervene or take any other measures necessary to carry out the operation, in particular where an offence, offence or offence is committed.
(2) Where there is a risk of death, injury or damage to property, members of the National Security Corps are obliged to take the necessary measures to eliminate the immediate threat.
(3) The Minister of the Interior of the Czechoslovak Socialist Republic sets out the manner and extent of the procedures or measures necessary to be taken by members of the National Security Corps under the previous paragraphs, even when they are off-duty.
(4) The Minister for the Interior of the Czechoslovak Socialist Republic, the Minister for the Interior of the Czech Socialist Republic and the Minister for the Interior of the Slovak Socialist Republic may limit the scope of the authorisations and duties provided for them by this Act for members of the National Security Corps, in accordance with the scope of the tasks they provide.
If the members of the National Security Corps are required to demonstrate their competence with the National Security Corps in the conduct of a service act, they shall do so in a manner laid down by the Federal Ministry of the Interior in general by binding legislation.
(1) If a member of the National Security Corps makes use - if the nature of the procedure so requires and circumstances permit - of the words: "On behalf of the law!."
(2) Everyone is obliged to comply with the calls of a member of the National Security Corps.
(3) In the management and supervision of road traffic and in the performance of specific services, specific rules shall apply to the instructions and calls of members of the National Security Corps.
Authorisation of members of the National Security Corps
Authorisation to request clarification
(1) National Security Corps members shall be entitled to request the necessary explanations from anyone who may contribute to the clarification of the facts relevant to the identification of the offence, offence or offence and their perpetrators, as well as to the tracing of wanted or missing persons and items; to that end, they shall be entitled to invite him to attend the designated department of the National Security Corps within a specified period.
(2) Everyone is obliged to comply with the call referred to in the preceding paragraph.
(3) An explanation may not be required from any person who would infringe the statutory obligation of confidentiality unless he is relieved of that obligation.
(4) An explanation may be denied by someone who would cause a danger of criminal prosecution to himself or someone close to him.
(5) Those who come to the call shall be entitled to reimbursement of the necessary expenses and to reimbursement of the loss of earnings. The refund is provided by the National Security Corps. The right to reimbursement shall not be granted to those who have been called upon to appear only in their own interests or for their infringement.
(6) The entitlement to reimbursement of the necessary expenses and to reimbursement of the loss of earnings shall cease if the beneficiary does not apply it within three days of the date on which he arrived at the call; It must be brought to the attention of the creditor.
(7) If the person summoned fails to comply with the call referred to in paragraph 1 without sufficient apology or serious reasons, he may be brought forward.
Authorisation to require proof of identity
(1) In carrying out tasks under this law, members of the National Security Corps shall be entitled to invite everyone to prove their identity in a credible manner.
(2) Everyone is obliged to comply with the call referred to in the preceding paragraph.
(3) National Security Corps members shall be entitled to demonstrate to anyone who does not want or cannot prove his or her identity in a credible manner.
(4) The person presented must be released as soon as his identity has been established, but no later than 24 hours after his presentation.
(5) An official record of the demonstration referred to in paragraph 3 shall be drawn up for the relevant department of the National Security Corps.
Actions to identify unknown persons
(1) Unless the identity of the unknown person can be ascertained otherwise, members of the National Security Corps are entitled to require the necessary operations such as the scanning of dactyloscopic prints, photography, external measurement of the body and its parts and the detection of specific physical signs.
(2) For the purpose referred to in the preceding paragraph, members of the National Security Corps shall be entitled to request a sample of the manuscript and to lend a case relating to the identity of the unknown person. Those who are asked to sample the manuscript or to lend the case shall comply with the request.
(3) The loan of the case shall be issued by the competent department of the National Security Corps to the person, authority or organisation who lent the case, and returned immediately after the necessary tasks.
Members of the National Security Corps shall also be entitled to do the acts referred to in Article 21 in clarifying the offences, searches and investigations of criminal offences, including those on whom, where appropriate, the offence was committed or found to be present at the scene.
Security
(1) Members of the National Security Corps shall be entitled to ensure that, in order to carry out the necessary duties, anyone who violates public policy through disorderly conduct or other improper conduct.
(2) The security must not last more than 48 hours.
(3) A security that lasts for more than 24 hours shall be notified to the competent department of the National Security Corps, unless serious circumstances prevent it, by one of the close relatives of the secured person and, if it is a soldier, by his direct superior.
(1) The members of the National Security Corps shall be entitled, unless the enforceable decision of the competent authority on expulsion cannot be taken otherwise, to ensure that anyone who is to be expelled is expelled for the period strictly necessary for expulsion, but for a maximum period of 14 days.
(2) The security referred to in paragraph 1 and in Article 23 (1) shall be entered in an official record of the relevant department of the National Security Corps.
Authorisation to withdraw a weapon
Members of the National Security Corps shall be entitled to ascertain whether the person they present or provide is unarmed and, depending on the nature of the case, to withdraw the weapon until further decision by the competent authorities.
Provision of air traffic protection
In order to determine whether passengers are not carrying a weapon or any other object for which specific air transport conditions are laid down by the Czechoslovak air operator or which is excluded from air transport, the members of the National Safety Corps shall be entitled to carry out a personal inspection, a baggage inspection and an aircraft inspection when providing air traffic protection.
Authorisation to search means of transport
In the search for wanted persons, weapons, ammunition, explosives, narcotic drugs or stolen items, members of the National Security Corps shall be entitled to ascertain whether the wanted person or item is in the means of transport.
Authorisations for the performance of services at national borders
In the performance of their service at national borders, members of the National Security Corps shall be entitled to carry out a personal inspection, inspection of baggage and means of transport and shall be obliged to prevent unauthorised crossing the national borders.
Prohibition of entry to designated places
Where this requires effective public policy security or any other interest of the State, members of the National Security Corps shall be entitled to order everyone not to enter or stay in designated places for the necessary time.
Authorisation to open apartment
(1) If there is a reasonable concern that life or health is at risk or there is a greater risk of damage to property, members of the National Security Corps are entitled to open the apartment, enter it and perform the necessary work in accordance with this law.
(2) The members of the National Security Corps shall draw up an official record of the service operations carried out pursuant to the previous paragraph and inform the occupants of the apartment without delay.
Withdrawal of the case in infringement proceedings
(1) Members of the National Security Corps shall be entitled, following a previous futile call for extradition, to withdraw a case which may be reasonably considered as capable of being forfeited or prevented in infringement proceedings.
(2) An official record shall be drawn up of the removal of the case and the person to whom the case has been withdrawn shall be issued a certificate of withdrawal.
(3) It is not possible to withdraw a case whose value is in conspicuous disagreement with the nature of the offence.
(4) If the infringement is not declared forfeited or prevented, the members of the National Security Corps shall be obliged to return the case immediately.
Authorisation to clarify offences
(1) National Security Corps members shall be entitled to require:
(a) a copy of the criminal record in cases where prior criminal penalties could lead to an assessment of the offence;
(b) professional observations from competent authorities;
(c) medical examination, including blood and urine collection to determine the amount of alcohol or other addictive substance, 1)
(d) they shall also be entitled to carry out an examination of the place of offence, an examination of the matter relating to the offence committed and to identify and provide evidence in connection with it.
(2) The tasks referred to in paragraph 1 (b) shall be: (c) the person is required to submit only if it is not associated with a danger to his health.
(3) Blood tests must be carried out if the person suspected of committing an offence so requests.
Appropriations used by members of the National Security Corps in official operations
Use of milder means
(1) In order to protect public order, in particular to avert an attack on himself or on another person, during service operations against disorderly and other dangerous persons, or to overcome the resistance which seeks to thwart the operation, operation or challenge, as well as to prevent the escape of a secured or demonstrated person, the members of the National Security Corps are entitled to use the tactile and thrust of self-defence, the tear device, the baton, the shackles, the service dog, the water stream, the extrusion of vehicles, the firing of weapons, warnings and the warning shot into the air.
(2) The Federal Ministry of the Interior may, by means of a generally binding law, provide for any other similar means which may be used by members of the National Security Corps in the course of service operations.
(1) Where possible in the light of the circumstances of the case, members of the National Security Corps shall, prior to the use of the funds provided for in Article 32, be required to use the arrangements, warnings and calls.
(2) Members of the National Security Corps shall be required to use one of the means referred to in Section 32, which allows the proper performance of their duties and which, at the same time, does not harm the person against whom they act. At the same time, they shall ensure that this device is used only in a proportionate manner and that any damage is not in a clear disproportion to the importance of the protected interest.
(3) The Federal Ministry of the Interior will make more detailed arrangements for and use of the means referred to in Section 32 in service operations.
Use of arms
(1) A National Security Corps member shall be entitled to use weapons only in the following cases:
(a) to avert, in the event of necessary defence, an attack against or imminent or an attack on the life of another person;
(b) if the dangerous offender against whom he has taken action does not give up on his call or refuses to leave his hiding place;
(c) unless it is otherwise possible to overcome the resistance towards the destruction of his serious service;
(d) to prevent the escape of a dangerous offender who cannot be otherwise detained;
(e) unless it is otherwise possible to detain a means of transport, the driver of which, by unscrupulous driving, seriously endangers the lives, health and property and does not stop at a call or sign given under the relevant regulations;
(f) to avert a dangerous attack that threatens a guarded object or site, following a futile call to abandon the attack;
(g) against a person who does not stop in the immediate area of the national borders after a re-challenge, tries to escape and cannot be otherwise detained;
(h) to force, in the immediate area of national borders, a means of transport which does not stop at the direction or call given under the relevant rules.
(2) A National Security Corps member shall also be authorised to use weapons if an animal is to be disposed of which is a threat to the life or health of persons.
(3) When using a weapon, a member of the National Security Corps shall be obliged to take care, in particular to ensure that the lives of other persons are not jeopardised and to save as much as possible the life of the person against whom the action is directed. If the circumstances of the operation permit, a member of the National Security Corps shall use the means referred to in Paragraph 32 (1) before using the weapon.
(4) The Federal Ministry of the Interior will lay down in more detail the terms and conditions of use of the weapon by members of the National Security Corps.
Specific restrictions
In the event of an individual's intervention, the use of weapons, lacerations, batons, handcuffs and service dogs against a pregnant woman, a person of high age, a person with an apparent physical defect or illness and a child shall not be permitted except where the nature of the attack carried out by that person against protected interests or the exceptional nature of the situation.
Staff Operations of National Security Corps Units
When members of the National Security Corps carry out tasks under uniform command, the unit commander shall decide on the use of funds and arms under the conditions set out in paragraphs 32 to 35.
RELATIONS OF THE NATIONAL SECURITY COMMITTEE TO OTHER STATE AUTHORITIES, SOCIAL ORGANISATIONS AND CITIZENS
Relations with national committees and other state bodies
Contents
§ 1
§ 2
§ 3
HLAVA PRVNÍ
§ 4
§ 5
§ 6
§ 7
HLAVA DRUHÁ
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
HLAVA TŘETÍ
Oddíl první
§ 15
§ 16
§ 17
§ 18
Oddíl druhý
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 31a
Oddíl třetí
§ 32
§ 33
§ 34
§ 35
§ 36
HLAVA ČTVRTÁ
Oddíl první
§ 37
§ 38
§ 39
§ 41
§ 42
§ 43
Oddíl druhý
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
Oddíl třetí
§ 51
§ 53
HLAVA PÁTÁ
§ 54
§ 55
§ 56
§ 57
§ 58
HLAVA ŠESTÁ
§ 59
HLAVA SEDMÁ
§ 60
§ 61
§ 62
§ 63
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Regulation Information
| Citation | Act No. 40 / 1974 Coll., on National Security Corps |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.05.1974 |
|---|---|
| Effective from | 01.07.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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