Act No. 418 / 2021 Coll.

Act amending Act No. 273 / 2008 Coll., on Police of the Czech Republic, as amended, Act No. 17 / 2012 Coll., on Customs Administration of the Czech Republic, as amended, Act No. 553 / 1991 Coll., on Municipal Police, as amended, and other related laws

Valid Law Effective from 01.01.2022
418
THE LAW
of 26 October 2021
amending Act No. 273 / 2008 Coll., on the Police of the Czech Republic, as amended, Act No. 17 / 2012 Coll., on the Customs Administration of the Czech Republic, as amended, Act No. 553 / 1991 Coll., on the Municipal Police, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Police Act of the Czech Republic
Čl. I
Act No. 273 / 2008 Coll., on the Police of the Czech Republic, as amended by Act No. 41 / 2009 Coll., Act No. 153 / 2010 Coll., Act No. 150 / 2011 Coll., Act No. 341 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 459 / 2011 Coll., Act No. 105 / 2013 Coll., Act No. 273 / 2013 Coll., Act No. 303 / 2013 Coll., Act No. 64 / 2014 Coll., Act No. 318 / 2015 Coll., Act No. 222 / 2017 Coll., Act No. 304 / 2017 Coll., Act No. 111 / 2019 Coll., is amended as follows:
1. The following Section 23a is inserted after Section 23:
„§ 23a
Emergency communication
(1) The police ensure continuous and prompt reception of calls to the national emergency number 158, calls transmitted by the operational centres of the essential components of the integrated emergency system and calls notified through other emergency communication services (hereinafter referred to as "emergency communication") and response to emergency communication through operational management.
(2) For the purposes of this Act, operational management shall mean the operation of operational centres set up by the police services, in particular the reception and evaluation of emergency communications and the follow-up of management, organisational and other activities for the purpose of carrying out the tasks referred to in Section 2.
(3) When receiving emergency communications, police use information about the location of the communicator, obtained from a communication network or telecommunications terminal.
(4) For operational management purposes, the police shall be entitled to require the essential components of the integrated emergency system to record emergency communications made to a single European emergency number or national emergency number.
(5) A record of emergency communication may be transmitted by the police to the integrated rescue system if necessary to perform its specific task. The alert may also be transmitted to a public authority at its written request to the extent necessary for the exercise of that authority's competence. ';
2. In the first sentence of Article 24 (4), the words "at its own expense 'shall be deleted and the word" aid' shall be replaced by the words "aid 46 '.
Footnote 46:
"46) Act No. 85 / 1996 Coll., on advocacy, as amended. § 33 of Act No. 500 / 2004 Coll. § 76b of Act No. 141 / 1961 Coll., as amended. '
3. Paragraph 34, including the title, reads:
„§ 34
Withdrawal
(1) A policeman is entitled to invite a person to issue a 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 a previous futile call for a case under paragraph 1, the 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 officer and shall be issued to the person. An officer shall, if necessary for further proceedings, forward the matter to the authority competent to decide on the offence; 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 the matter 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, the police shall destroy or register such substance at the end of the proceedings for the purposes set out in Paragraph 38, unless a decision has been taken to forfeit or prevent a cause. Similarly, the police proceed with the case referred to in the sentence first obtained in connection with the activity referred to in § 69 or 70. '
4. After Paragraph 36, the following Section 36a is inserted:
„§ 36a
Preventing the operation of the unmanned system
(1) An officer is entitled to prevent the operation of the unmanned system by technical or other means, or, where appropriate, by damage or destruction if he is directly threatening life, health, property of significant value or public policy.
(2) The authorisation referred to in paragraph 1 may be used only to the extent necessary and for the period necessary. "
5. In Paragraph 37 (2), the words "or temporarily deposit until the time of destruction" shall be inserted after the words "destroy,"
6. Paragraph 38 (2) reads as follows:
"(2) For the purposes of this Act, dangerous substances and goods are, in particular, explosives, explosive articles, poisons, counterfeit means of payment, stamps and securities or other documents, narcotic drugs and psychotropic substances, drug precursors or other chemicals or other articles intended to manufacture narcotic drugs and psychotropic substances."
7. Paragraph 39, including the title and footnote 47 to 49, reads as follows:
„§ 39
Electronic communications interference
(1) In order to eliminate the immediate threat to the life or health of persons, or to eliminate the imminent damage of a large scale of 47) to property, or to ensure the safety of protected objects, spaces and persons, the police may, to the extent necessary and for the period necessary
(a) the operation of electronic communication equipment and networks;
(b) the provision of electronic communications services; or
(c) the operation of radio communications services.
(2) The police may also carry out the interference referred to in paragraph 1 during training, announcing the introduction of the interference within a reasonable period of time to the Czech Telecommunications Authority (hereinafter referred to as the Office), the competent operational and information centre of the Integrated Rescue System and the National Office for Cyber and Information Security. In order to eliminate or mitigate the effects of the reported interference, the Authority may lay down the conditions for such interference, including the obligation to inform, to the extent necessary, of the interference of the electronic communications network operator concerned and of the electronic communications service provider; This does not apply if the provision of information could jeopardise the performance of police tasks. In such a case, the Authority may impose an obligation to inform the operators of electronic communications networks and electronic communications service providers concerned without undue delay after those reasons have ceased to exist.
(3) Police may also carry out interference with the provision of electronic communications services in order to eliminate imminent damage caused by:
(a) unlawful interference in a computer network against a critical information infrastructure information system48) or a significant information system49); or
(b) a cyber attack with an impact on a larger number of computer systems of public authorities that cause the systems to fail.
(4) The implementation of the interference referred to in paragraphs 1 and 3 shall be notified without undue delay by the police to the Authority, the competent operational and information centre of the Integrated Rescue System and the National Office for Cyber and Information Security. Should the announcement jeopardise the performance of the police tasks, the police shall report the introduction of the interference without undue delay after these grounds of threat have ceased to exist.
47) Act No. 40 / 2009 Coll., Criminal Code, as amended.
48) Article 2 (b) of Act No. 181 / 2014 Coll., on Cybersecurity and on the amendment of related laws (Act on Cybersecurity), as amended. Government Regulation No. 432 / 2010 Coll., on criteria for determining the critical infrastructure element, as amended.
49) § 2 (d) of Act No. 181 / 2014 Coll., as amended. Decree No. 317 / 2014 Coll., on Important Information Systems and their determining criteria, as amended. '
8. in Article 42 (3) (b):
"(b) weapons, ammunition, ammunition, explosives, explosive articles, poisons, narcotic drugs and psychotropic substances, drug precursors or other chemical substances or other articles intended for the manufacture of narcotic drugs and psychotropic substances; or"
9. In Paragraph 42, the following paragraph 4 is inserted after paragraph 3:
"(4) If the driver did not stop at the call of a police officer or a sign given under another legislation (10), the police officer shall be entitled, after stopping him, to carry out an inspection of the means of transport in order to determine whether he is not in it.
(a) persons wanted, missing or illegally present in the Czech Republic;
(b) weapons, ammunition, ammunition, explosives, explosive articles, poisons, narcotic drugs and psychotropic substances, drug precursors or other chemical substances or other objects intended for the manufacture of narcotic drugs and psychotropic substances; or
(c) goods derived from or related to crime. "
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
10. The following Sections 42a to 42d are inserted after Section 42, including the headings:
„§ 42a
Authorisation of a police officer to require payment of a arrears fee when checking a motor vehicle
(1) A police officer is entitled, when checking a motor vehicle, to require the driver of that vehicle to pay for his or her underpayment or underpayment of the operator of that vehicle on a penalty for an infringement under the Road Traffic Act, the Road Traffic Act or the Road Transport Act, provided that he or she is allowed to pay for the underpayment on the spot of the check of the motor vehicle in cash and by a cash transfer to which a payment order is given by means of a payment card, only if:
(a) a fine which has not been paid has been imposed by the customs office; or
(b) the non-payment of this fine has been passed on to the general tax administrator for enforcement.
(2) For the purposes of this Act, non-payment shall be understood as a non-payment for which it is not permitted to wait his payment or to spread his payment into instalments.
(3) The provision of information on the arrears referred to in paragraph 1 of the motor vehicle operator to the driver of that vehicle shall not constitute a breach of confidentiality under the tax rules.
(4) If the underpayment referred to in paragraph 1 is paid at the point of inspection of the motor vehicle, the officer shall issue a certificate of payment to the driver of the vehicle. Where the outstanding payment referred to in paragraph 1 is paid in cash, the police shall forward the funds no later than the following working day to the general tax administrator responsible for the place of payment.
(5) The Directorate-General for Customs shall provide the police with the information necessary for the purpose of determining the amount of the arrears referred to in paragraph 1 in a way which allows remote and continuous access.
§ 42b
Withdrawal of registration plates and prevention of driving of a motor vehicle
(1) If the underpayment referred to in Article 42a (1) is not paid at the point of inspection of the motor vehicle, the policeman shall order the driver to drive to the nearest suitable place in terms of road safety and continuity; and
(a) retain the registration plate plates of the motor vehicle; if the driver of a motor vehicle refuses to issue them at the request of a police officer, the registration plate plates shall be removed; or
(b) prevent a motor vehicle from driving by using a technical means to prevent the vehicle leaving.
(2) An official record containing:
(a) details of the motor vehicle checked;
(b) details of the person who was the driver of the controlled motor vehicle at the time of detention of the registration plate tables or the use of technical means to prevent the vehicle leaving;
(c) identification details of the person who has the arrears referred to in Article 42a (1);
(d) the amount of the arrears referred to in Article 42a (1);
(e) details of the police department where the arrears referred to in Article 42a (1) can be paid or proved to be paid, picked up of the registration plate tables or requested to remove the technical means to prevent the departure of the vehicle and the time at which it is possible to do so;
(f) information on the result of the retention of registration plate tables or the use of technical means to prevent the vehicle leaving; and
(g) information on the possibility of lodging a complaint pursuant to § 42d.
(3) A copy of the official record referred to in paragraph 2 shall be transmitted by the police officer to the driver of the checked motor vehicle.
(4) If the driver of a controlled motor vehicle is not its operator at the same time, the police shall notify the detention of registration plate tables or the use of technical means to prevent the vehicle leaving the vehicle of the operator of that vehicle, if possible without undue difficulty. In the notification of the operator of the motor vehicle, if the person who has the underpayment referred to in Article 42a (1) is the person, the police shall indicate the information referred to in paragraph 2, except for the amount of the underpayment of the driver of the motor vehicle checked. In the notification of an operator of a motor vehicle which is not a person who has an underpayment pursuant to Paragraph 42a (1), the police shall enter the data referred to in paragraph 2 (a), (b) and (e) to (g).
(5) Damages caused in connection with the retention of registration plate tables or the use of a technical means of preventing the departure of a vehicle, in particular damage caused by the restriction of the use of a motor vehicle, the costs associated with the journey of the motor vehicle to the place of unloading and the unsetting of that vehicle shall be borne by the person who has a default in accordance with Paragraph 42a (1). The responsibility of the driver or the operator of the motor vehicle for the vehicle, cargo and persons carried shall not be affected by the retention of registration plate tables or by the use of a technical means to prevent the departure of the vehicle.
(6) A police officer shall not be entitled to withhold the registration plate tables of a motor vehicle and to prevent a motor vehicle from driving when the vehicle is a vehicle of essential components of an integrated rescue system, of the armed forces, of the security forces, of fire protection units, of the intelligence services, of the Mountain Service, of the municipal police or of a person enjoying privileges and immunities under law or international contract.
(7) In cases of special consideration, a police officer may not detain the registration plate plates of a motor vehicle or prevent a motor vehicle from driving. This procedure shall be subject to an official record containing:
(a) details of the motor vehicle checked;
(b) details of the person who was the driver of the controlled motor vehicle;
(c) identification details of the person who has the arrears referred to in Article 42a (1);
(d) the amount of the arrears referred to in Article 42a (1); and
(e) the reason for which the officer did not proceed under paragraph 1.
(8) The police inform the Ministry of Transport of the retention of registration plate plates of a motor vehicle registered in the Czech Republic in a way that allows remote and continuous access.
§ 42c
Return of registration plate tables and removal of technical means to prevent vehicle departure
(1) Where the driver of a motor vehicle which is not its operator and the operator of that vehicle does not have a supplement pursuant to Paragraph 42a (1), the driver of a motor vehicle which is not its operator is entitled to:
(a) pick up retained registration plate tables; or
(b) request the removal of technical means to prevent the vehicle leaving.
(2) An operator of a motor vehicle which does not have a balance pursuant to Paragraph 42a (1) is entitled to:
(a) pick up retained registration plate tables; or
(b) request the removal of technical means to prevent the vehicle leaving.
(3) If the registration plate tables have not been collected within 1 year of their arrest, the police shall forward them to the competent municipal authority of the municipality with extended scope, if they are the registration plate tables of a motor vehicle registered in the Czech Republic, in other cases through the representative office of the State of the last registration of the motor vehicle.
(4) The police shall inform the Ministry of Transport of the withdrawal of the registration plate of a motor vehicle registered in the Czech Republic in accordance with paragraphs 1 and 2 and of its transmission to the competent authority of the municipality with extended scope in accordance with paragraph 3 in a manner enabling remote and continuous access.
§ 42d
Complaints
A complaint may be lodged against the action of a police officer or police officer under § 42a to 42c. '
11. In Paragraph 44, at the end of paragraph 1, the sentence "Where a minor child resides in a common residence, he shall be deemed to be a person at risk under this Title."
12. In the first sentence of Paragraph 45 (3), the words "on assistance to persons with violent behaviour and 'shall be inserted after the words" information'.
13. In the first sentence of Paragraph 47 (3), the words "entry of an officer into a joint residence 'are replaced by the words" presentation'.
14. In Paragraph 49, the following paragraph 2 is inserted after paragraph 1:
"(2) The police may further ensure the security of other persons designated by the Minister in the course of their tasks. The extent and manner of such security shall be determined by the Minister on a proposal from the Police President. '
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
15. in Article 49 (3) of the introductory part of the provision, the words "or 2" shall be inserted after the words "paragraph 1."
16. In Paragraph 49 (4), "2 'is replaced by" 3'.
17. in the first sentence of Paragraph 50 (2), the words "or 2" shall be inserted after the words "paragraph 1."
18. In Article 54, the word "or 'shall be deleted at the end of point (d).
19. the following shall be added at the end of point (e):
"(f) taken over by a police officer from a medical institution carrying out protective treatment against that person in the form of protective constitutional treatment under another legislation (47),"
20. In Article 66 (2), the words "public authorities' agendas' are replaced by the words" agendas, public authorities, private-law data users' and after the words "central register of the driver (10) ', the words" registers and registers maintained by the Civil Aviation Authority and databases maintained by the Air Traffic Management of the Czech Republic (40), the records of employment permits issued and the information relating to foreigners held by the regional branches of the Czech Labour Office (50)';
Footnote 50 reads:
"50) § 102 of Act No. 435 / 2004 Coll., on Employment, as amended."
21. in Paragraph 67 (1), the following point (b) is inserted after point (a):
"(b) a copy of the criminal record kept by the Register of Penalties,"
Points (b) to (d) shall be renumbered (c) to (e).
22. in Paragraph 67 (3), "(b) or (c)" is replaced by "(c) or (d)";
23. in Article 68 (3) (b), the words "or social" shall be inserted after the words "health."
24. In the first sentence of Paragraph 70 (2), the words "with the concealment of the actual purpose of its activity 'shall be deleted and, in the second sentence, the words" to conceal its competence with the police and the true purpose of its activities, and' shall be inserted after the words "the officer entitled '.
25. In Paragraph 79, at the end of paragraph 3, the words "or in the case of the provision of protection of persons 17 'are added.
26. in the second sentence of Article 84b (6), the words "and automated records of the processing of such data" shall be inserted after the word "passenger."
27. In Paragraph 87, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Automatic records of personal data processing and the records referred to in Article 80b (6) shall be kept by the police for a period of 3 years from the date of their acquisition, unless otherwise provided for in the procedure laid down in Article 80a or Article 88a."
28. In Paragraph 97, the following paragraph 3 is added:
"(3) Where the person concerned by the activity of a police officer or a police staff member considers that his or her alert has not been properly handled, he or she may request a superior police officer or a police officer to examine the manner in which the alert is handled. ';
29. in Paragraph 111, the following point (b) is inserted after point (a):
"(b) offences, including acts with signs of offence,"
Points (b) to (e) shall be renumbered (c) to (f).
30.Paragraph 111 (c) reads as follows:
"(c) a search of a person, i.e. an inspection of a natural person by a person of the same sex, including an inspection of the clothing uppers of a person and of the goods carried by that person at the time of the inspection;
1. using direct physical contacts; or
2. if necessary, by direct observation of this person's exposed body, in which the officer is entitled to call on a person to make movements to detect a weapon or other matter liable to endanger life or health, '.
31. in Paragraph 111, at the end of point (f), the dot is replaced by a comma and the following point (g) is added:
"(g) the drawing up of an official record, that is to say, the acquisition thereof using an audio or video recording, where appropriate and appropriate in view of the nature of the act."
32. In Section 116, the following paragraph 6 is added:
"(6) The Office for Civil Aviation (civil aviation) shall keep records of unmanned police systems 40)."
33. The following Article 117b is inserted after Article 117a:
„§ 117b
The Ministry shall establish by decree the substantive definition, scope and time of replacement of the necessary equipment for the performance of the services of police officers and organisational articles of the police. '.

ČÁST DRUHÁ

Amendment to the Customs Act of the Czech Republic
Čl. II
In Act No. 17 / 2012 Coll., on the Customs Administration of the Czech Republic, as amended by Act No. 407 / 2012 Coll., Act No. 164 / 2013 Coll., Act No. 308 / 2013 Coll., Legislative Measures of the Senate No. 344 / 2013 Coll., Act No. 243 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 225 / 2017 Coll., Act No. 80 / 2019 Coll., Act No. 111 / 2019 Coll., Act No. 206 / 2019 Coll., Act No. 283 / 2020 Coll., Act No. 609 / 2020 Coll., and Act No. 284 / 2021 Coll., Act No. 35a added new § 35b to 35e, including the headings:
„§ 35b
Authorisation for checking means of transport and their costs to require payment of arrears
(1) A customs officer is entitled to require the driver of a motor vehicle to pay for his or her underpayment or underpayment of the operator of that vehicle on a penalty for an infringement under the Road Traffic Act, the Road Traffic Act or the Road Transport Act, provided that he or she is able to pay for that underpayment on the spot of a check on the motor vehicle in cash and by a cash transfer to which a payment order is issued by means of a credit card, only if:
(a) a fine which has not been paid has been imposed by the customs office; or
(b) the non-payment of this fine has been passed on to the general tax administrator for enforcement.
(2) For the purposes of this Act, non-payment shall be understood as a non-payment for which it is not permitted to wait his payment or to spread his payment into instalments.
(3) The provision of information on the arrears referred to in paragraph 1 of the motor vehicle operator to the driver of that vehicle shall not constitute a breach of confidentiality under the tax rules.
(4) Where the excess payment referred to in paragraph 1 is paid at the point of inspection of the motor vehicle, the customs officer shall issue a certificate of payment to the driver of that vehicle.
§ 35c
Withdrawal of registration plates and prevention of driving of a motor vehicle
(1) If the excess payment referred to in Article 35b (1) is not paid at the point of control of the motor vehicle, the customs officer shall order the driver to drive to the nearest suitable place in terms of road safety and continuity; and
(a) retain the registration plate plates of the motor vehicle; if the driver of the motor vehicle refuses to issue them at the request of the customs officer, he shall withdraw the registration plate tables; or
(b) prevent a motor vehicle from driving by using a technical means to prevent the vehicle leaving.
(2) The customs officer of detention of registration plates or the use of technical means to prevent the departure of the vehicle shall draw up an official record containing:
(a) details of the motor vehicle checked;
(b) details of the person who was the driver of the controlled motor vehicle;
(c) identification details of the person who has a arrears pursuant to Article 35b (1);
(d) the amount of arrears pursuant to § 35b (1);
(e) details of the customs office where the arrears referred to in Article 35b (1) can be paid or proved to have been paid, picked up the registration plate tables withheld or requested the removal of the technical means to prevent the departure of the vehicle and the time at which it is possible to do so;
(f) information on the result of the retention of registration plate tables or the use of technical means to prevent the vehicle leaving; and
(g) information on the possibility of lodging a complaint pursuant to § 35e.
(3) The customs officer shall transmit a copy of the official record referred to in paragraph 2 to the driver of the motor vehicle checked.
(4) If the driver of a controlled motor vehicle is not its operator at the same time, the customs office shall inform the registration plate retention or the use of a technical device to prevent the vehicle leaving the vehicle of the operator of that vehicle, if possible without undue difficulty. In the notification of the operator of the motor vehicle, where the person is the person who has the underpayment referred to in Article 35b (1), the customs office shall enter the information referred to in paragraph 2, except for the amount of the underpayment of the driver of the vehicle checked. In the notification of the operator of a motor vehicle which is not a person who has an underpayment pursuant to Paragraph 35b (1), the customs office shall enter the particulars referred to in paragraph 2 (a), (b) and (e) to (g).
(5) Damages caused in connection with the retention of registration plate tables or using a technical means of preventing the departure of a vehicle, in particular damage caused by the restriction of the use of a motor vehicle, the costs associated with the driving of a motor vehicle to the place of weaning and the unsetting of that vehicle shall be borne by a person who has a default in accordance with Article 35b (1). The responsibility of the driver or the operator of the motor vehicle for the vehicle, cargo and persons carried shall not be affected by the retention of registration plate tables or by the use of a technical means to prevent the departure of the vehicle.

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Regulation Information

CitationAct No. 418 / 2021 Coll., amending Act No. 273 / 2008 Coll., on the Police of the Czech Republic, as amended, Act No. 17 / 2012 Coll., on the Customs Administration of the Czech Republic, as amended, Act No. 553 / 1991 Coll., on the Municipal Police, as amended, and other related laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation23.11.2021
Effective from01.01.2022
Effective until-
Status Valid

Public Contracts 2

58 193 892 CZK
31.10.2023
1 069 640 CZK
10.05.2022
Source: Hlídač státu (CC BY 3.0 CZ)
The regulation text is for informational purposes only.
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