Full text of Act No. 43 / 2009 Coll.
Full text of Act No. 553 / 1991 Coll., on Municipal Police, as seen from later amendments
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43
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 553 / 1991 Coll.,
on municipal police, as is apparent from the changes made by Act No. 67 / 1993 Coll., Act No. 163 / 1993 Coll., Act No. 82 / 1995 Coll., Act No. 153 / 1995 Coll., Act No. 132 / 2000 Coll., Act No. 311 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 267 / 2006 Coll. and Act No. 274 / 2008 Coll.
THE LAW
concerning the municipal police
The Czech National Council decided on this law:
Preliminary provisions
(1) The municipal police are the authority of the municipality which establishes and abolishes the municipal council by a generally binding decree.
(2) The municipal police ensure local public order matters within the scope of the citizen (2) and carry out other tasks provided for by this or special law.
(3) The municipal police cooperate to the extent provided for by this law or by a special law with the Police of the Czech Republic (hereinafter the "police"), state authorities and authorities of local authorities.
(4) The municipal police set up by a municipality, which is a municipality) or a statutory town4), and in the capital of Praze4a) are referred to as urban police.
(5) The municipal police may also carry out the tasks assigned to it in the territory of another municipality, provided that this or the special law so provides.
(1) The municipal police are composed of the staff of the municipality assigned to the municipal police, who
(a) satisfy the conditions of Article 4 (1) (a) to (e) (hereinafter referred to as "the expectant");
(b) satisfy the conditions of Article 4 (1) (hereinafter referred to as "the officer");
(c) are not a candidate or officer.
(2) The staff of the municipality referred to in paragraph 1 (a) and (c) may not:
(a) exercise the officer's authority;
(b) to establish jurisdiction with the municipal police pursuant to § 7 (2) and (3) and § 9.
Municipal police in the security of local public order matters and other tasks under this or special law
(a) contribute to the protection and security of persons and property;
(b) supervise compliance with the rules of civil cohabitation;
(c) supervise compliance with generally binding orders and municipal regulations;
(d) participate, within the scope laid down by this or by a special law, in the supervision of road safety and traffic continuity;
(e) participate in compliance with the law on the protection of public order and, to the extent of its obligations and powers laid down by this or by a special law, take measures to restore it;
(f) involved in crime prevention in the municipality;
(g) oversees compliance with cleans5) in the municipality,
(h) to detect offences and other administrative offences under the jurisdiction of the municipality;
(i) provide the Ministry of the Interior (hereinafter referred to as "the Ministry") with information on the municipal police on request for the processing of statistical data.
(1) The municipal police are run by the mayor or by another member of the council of the municipality appointed by the council of the municipality.
(2) On the basis of a proposal from a person referred to in paragraph 1, the council of the municipality may delegate certain tasks to the local police of a designated officer. The appointment of a designated officer shall be subject to the submission of a negative lustration certificate under the law governing certain additional conditions for the performance of certain functions in the State institutions and organisation5a).
(1) A municipality or municipalities which have not set up the municipal police may conclude a public contract with another municipality in the same higher territorial authority unit (county) which has established the municipal police, on the basis of which the municipal police of that municipality will carry out the tasks provided for by this or by a special law in the territory of the municipality or municipalities which have not established the municipal police and are parties to this Treaty.
(2) The public contract referred to in paragraph 1 requires the approval of the Regional Office to conclude or amend its content. The Regional Authority, in the administrative procedure under a special law, shall decide on the granting of consent.
(3) The public contract referred to in paragraph 1 must contain:
(a) the names of the municipalities which are its Contracting Parties;
(b) the determination of the scope of the tasks under this or special law to be carried out by the municipal police in the territory of a municipality or a municipality which has not established the municipal police and which are Contracting Parties to this Treaty, as well as the date from which the municipal police will perform those tasks;
(c) the method of reimbursement of the costs associated with the performance of the tasks referred to in (b).
(4) A municipality which has not established the municipal police and is a party to a public contract as referred to in paragraph 1 shall issue a written authorisation to the officer of the municipality of the other Contracting Party to demonstrate the validity of the exercise of jurisdiction in its territory.
(1) In order to carry out the tasks referred to in Article 2 in the territory of a municipality where a state of danger, an emergency situation or a state of threat (hereinafter referred to as "emergency state") is declared, the mayor of a municipality in whose territory a state of emergency is declared is entitled to conclude a public contract with the mayor of another municipality for the provision of officers.
(2) The public contract referred to in paragraph 1 shall include in particular:
(a) the names of the municipalities which are parties to the public contract;
(b) the legal title for the conclusion of a public contract referred to in paragraph 1;
(c) number of officers provided;
(d) the time period for which officers are provided,
(e) the definition of specific tasks performed by officers.
(1) The Mayor of the municipality in whose territory a state of crisis is declared,
(a) inform the captain of the county on whose territory the municipality is located before using the officers provided;
(b) manage the activities of the officers provided, unless the mayors of the municipalities concerned agree otherwise.
(2) The officers provided shall be authorised to carry out the tasks referred to in Article 2 in the territory of the municipality in whose territory the emergency situation is declared by a written certificate issued by the mayor referred to in paragraph 1.
(3) The written confirmation shall contain:
(a) the officer's identification number;
(b) the name of the municipality to which the officer is employed;
(c) information on the mayor's agreement pursuant to § 3b.
(4) The written confirmation expires on the end of the crisis.
(5) The municipality referred to in paragraph 1 shall be responsible for the damage suffered if it was caused in connection with the work of the officers provided.
Officers
(1) A citizen of the Czech Republic, who
(a) is righteous;
(b) is reliable;
(c) is over 21 years of age,
(d) is medically fit;
(e) achieve secondary education with a graduate examination; and
(f) it has a certificate of compliance with the specified professional conditions (hereinafter referred to as the certificate).
(2) On behalf of the municipality, the mayor or any other member of the council responsible for managing the municipal police is acting in the employment relations of the candidates, officers and other staff of the municipality under § 1a (1) (c); This shall not apply if the council of the municipality entrusts that authority to the designated officer pursuant to Article 3 (2).
integrity
(1) For the purposes of this Act, the right is not the one
(a) who has been convicted of an intentional offence or who has been convicted of an act of negligence in the last five years if his conduct by which he committed the offence is contrary to the mission of an officer under this law;
(b) whose criminal prosecution for an intentional offence has been terminated on the basis of a final decision approving the settlement and five years have not passed since that decision, if the conduct by which he committed the offence is contrary to the mission of an officer under this law,
(c) whose criminal prosecution for an intentional offence has been definitively suspended, and from the expiry of the probationary period or period within which it may be decided that it has been proven to have been proven to have not yet passed five years, or the criminal proceedings which have been brought against it have been decided on the conditional postponement of the application for punishment, and five years have not elapsed since that decision, if the conduct by which it committed the offence is contrary to the post of an officer under this law,
(d) who shall enter in the declaration of honour referred to in paragraph 2 the incorrect information necessary for the assessment of integrity.
(2) The integrity of the candidate for employment of an officer referred to in paragraph 1 (a) shall be demonstrated by an extract from the Register of Penalties which may not exceed 3 months. The integrity referred to in paragraph 1 (b) and (c) shall be demonstrated by the candidate for employment of the officer by a declaration of honour which may not exceed 3 months.
(3) An applicant for employment of an officer, a candidate or an officer is required to notify in writing the person acting on behalf of the municipality in employment relations (Paragraph 4 (2)) within 15 days of the date of the start of the prosecution that he has been prosecuted. The notification shall be accompanied by a copy of the order initiating the prosecution or shall indicate in the notification the operative part of the decision, including the designation of the authority which issued it.
Reliability
(1) Reliable for the purposes of this Act is not he who has been repeatedly declared guilty of an offence in the last 3 years
(a) the section on protection against alcoholism and other toxic substances;
(b) on the defence section of the Czech Republic,
(c) against public policy;
(d) against civil coexistence;
(e) against property,
(f) on the part of agriculture, hunting and fishing committed by intentionally interfering with the exercise of the right of hunting or the exercise of the right to fishing, or intentionally hunting or catching fish at the time of defence;
(g) in the general internal administration section committed by violating or failing to comply with the prohibition laid down by law on the arms and ammunition sector pursuant to special legislation7; or
(h) under Paragraph 28 (1) or (2),
if his conduct by which he committed an offence is contrary to the mission of an officer under this law.
(2) The condition for re-recognition of guilty of an offence referred to in paragraph 1 shall be satisfied if the decision on liability for any of the offences referred to in paragraph 1 becomes final before the expiry of 3 years from the date on which another decision on liability for any of the offences committed by the same offender became final.
(3) Furthermore, for the purposes of this Act, it is not the person who has provided incorrect information in the affidavit referred to in paragraph 4.
(4) Reliability shall be demonstrated by a candidate for an officer's employment by a declaration of honour which may not exceed 3 months.
(5) Within 15 days, the candidate or officer must notify the person acting on behalf of the municipality in employment relations (Paragraph 4 (2)) in writing of the fact that he has been found guilty of the offence referred to in paragraph 1.
(6) A copy of the infringement decision shall be attached to the notification referred to in paragraph 5.
Health
(1) Medical fitness is assessed by a doctor for racing preventive care.
(2) In an agreement with the Ministry of Health, the Ministry of Health sets out by decree a list of physical and mental defects, diseases or conditions which exclude the medical fitness of a candidate for employment as an officer, a candidate or an officer for employment, the content and dates of medical examinations and the duration of the medical assessment.
Professional competence
(1) The expert competence of the candidate and officer shall be verified by the examination panel of the Ministry. The examination committee of the Ministry shall be composed of the President and other members. Membership of the Examination Board shall be subject to higher education in the areas covered by the professional assumptions of the officer verified in accordance with paragraph 5.
(2) The application for the test is submitted by the municipality.
(3) The municipality is obliged to provide training
(a) the candidate before the first examination within 6 months of the date of employment;
(b) an officer before each examination, no later than 3 months before the expiry of the certificate in a specialised training establishment accredited by the Ministry of Education, Youth and Sports or in a similar municipal police establishment.
(4) The municipality is obliged to provide training for the candidate and officer to use the service weapon and the means of enforcement and to implement the authorisation under this or special law ("training '). Training shall be carried out in the establishments referred to in paragraph 3. By agreement between the municipality and the police, the police can conduct the training. The establishment referred to in paragraph 3 or the police shall issue a certificate of training to the candidate or officer that is a condition for the candidate or officer to pass the proficiency test. The costs of training shall be borne by the municipality.
(5) The test is to be carried out on a single day and consists of two separately performed and evaluated parts
(a) a written test to verify the legal knowledge to the extent necessary for the performance of the tasks of the municipal police;
(b) an oral interview to verify the competence of the application of theoretical knowledge.
(6) The candidate or officer successfully performs the test by fulfilling the conditions of both parts of the test.
(7) If the candidate or officer fails the examination, the Ministry shall send the test report to the municipality indicating these facts. The candidate and officer are entitled to repeat the exam twice without applying. The date of the re-examination shall be determined by the Ministry in such a way as to take place not earlier than a month and not more than three months after the date of the re-examination. The date and place of the repeated examination shall be communicated by the Ministry to the municipality at least 15 days in advance.
(8) In the event that the candidate or officer fails even in the second repetition of the test, the Ministry shall determine the date of the next examination not earlier than 12 months after the date of the last failed examination.
(9) The Ministry shall invite the officer to examine the professional competence at the time of validity of the certificate before the Examination Committee of the Ministry if, on his own initiative or at the initiative of the municipality, he has reasonable doubt that the officer is competent. In the event that the officer fails the examination even after its second repetition, the Ministry shall determine the date of the examination not earlier than 12 months after the date of the last failed examination. Paragraphs 7 and 8 shall apply mutatis mutandis in this case.
(10) The Ministry provides by decree
(a) the extent of the technical assumptions of the candidate and officer;
(b) the test schedule;
(c) the particulars of the application for the test;
(d) the extent of the training of the candidate and officer;
(e) the particulars of the test report.
Certification
(1) The certificate is issued by the Ministry to the officer for a period of 3 years if he has passed the test successfully.
(2) If a change of the officer's personal data contained in the certificate or following the termination of the officer's employment relationship takes place within a period of 3 months, the Ministry shall, at the request of the officer, issue a new copy of the certificate indicating those changes to the personal data or to the name of the municipality concerned within 15 days of their notification.
(3) The Ministry shall provide for a certificate by decree.
Withdrawal and termination of the certificate
(1) The Ministry shall withdraw the certificate from the officer who no longer fulfils the conditions
(a) integrity,
(b) reliability;
(c) medical fitness; or
(d) competence.
(2) The Ministry shall also withdraw the certificate from the officer unless the officer, without apology, appears at the request of the Ministry to review the professional competence referred to in Section 4d (9).
(3) The certificate expires
(a) on the date on which the decision on the abolition of citizenship of the Czech Republic, the eligibility for legal acts or the limitation of legal capacity becomes final;
(b) the expiry of the period referred to in the first sentence of Paragraph 4e (1);
(c) termination of an officer's employment. This does not apply if the officer's employment is terminated within a period of 3 months. The municipality shall notify the Ministry of termination of the service within 15 days of the termination of the officer's employment; or
(d) fail the test even after its second repetition according to § 4d.
(1) The municipality may transfer an officer to perform the work of a candidate or other member of staff of the municipality from the date of commencement of the proceedings.
(a) prosecution of a suspected criminal offence based on a loss of integrity pursuant to § 4a; or
(b) the administrative procedure for the withdrawal of the certificate;
until a decision in criminal or administrative proceedings becomes final.
(2) If the facts establishing the loss of integrity under § 4a or the grounds for withdrawal of the certificate under § 5 (1) or § 5 (2) are not demonstrated, the municipality shall transfer the officer back to the work of the officer. The officer's salary shall be paid for the period during which he was transferred to the work of the candidate or other member of staff of the municipality referred to in paragraph 1.
(3) In addition, the municipality shall be entitled to transfer an officer to perform the work of a candidate or other member of staff of the municipality if he fails to:
(a) in the course of the training referred to in Article 4d (4) or in the second repetition of the examination referred to in Article 4d (8), pending the successful completion of the training or examination; or
(b) in the second repetition of the test referred to in Article 4d (9), until successful completion of the test.
Obligations of officers
(1) In carrying out the procedures and operations to carry out the tasks of the municipal police, the officer shall ensure the honour, dignity and dignity of the persons and his or her own and shall not allow the persons in connection with this activity to be harmed unjustly and any interference with their rights and freedoms exceed the extent necessary to achieve the purpose pursued by the operation or act.
(2) The officer shall be obliged to instruct persons about their rights if he or she carries out an operation or an act involving interference in their rights or freedoms, where the nature and circumstances of the operation or operation so permit; otherwise they will be instructed as soon as circumstances permit.
(3) The officer is obliged to provide assistance within the scope of his or her powers and duties under this or special law to any person who requests it.
(1) An officer shall be obliged to carry out, within the limits of this or of a special law, an operation or an act of action, or to take other measures when an offence or offence or other administrative offence is committed, or where there are reasonable grounds for suspecting that they are committed.
(2) The officer is obliged, within the limits of this law, to carry out the procedure or to take other measures, in particular to inform the nearest police department of any criminal offence or offence which is directly threatened by life, health or property. If, in this case, an officer does not prove himself in accordance with Paragraph 9 (1), he shall prove his competence with the municipal police by means of a city police document.
(3) If the circumstances of the intervention or other measure do not allow the officer to prove his / her competence with the municipal police by means of a document of the municipal police (paragraph 2), the oral declaration "municipal police 'or" urban police' (§ 1 (4) shall be made. With the municipal police ID, the officer will prove himself as soon as the circumstances of the procedure or other measures permit.
(4) An officer shall, if the nature and circumstances of the operation permit, be obliged to use appropriate calls when carrying out the operation. If the nature of the procedure permits, the officer will use the words "On behalf of the law!."
(5) Everyone is obliged to obey the call of the intervening officer.
(6) The Ministry provides by decree a model of the municipal police licence.
(1) An officer shall not be obliged to carry out an operation or operation to carry out tasks under this or special law if:
(a) is under the influence of medicines or other substances which seriously reduce its ability to act;
(b) it has not been professionally trained or trained and the nature of the intervention requires such training or training; or
(c) it is obvious that the operation or operation cannot be successfully completed.
(2) An officer shall not carry out an operation or operation to perform tasks under this or special law if the task of the Security Corps would be obstructed.
(1) In the exercise of his authority, the officer is required to prove his / her competence to the municipal police in a uniform manner with the badge of the municipal police, the identification number and the name of the municipality. Where an officer exercises his authority in the territory of a municipality which is a contracting party to a public contract pursuant to Article 3a, he shall also, on request, be demonstrated by the authority of that municipality; for an operation which cannot be delayed, it shall do so as soon as the nature and circumstances of the operation permit.
(2) The city police badge is worn by an officer on the right side of the chest and an identification number under the municipal police badge. The patch called the village is worn on the back of the left sleeve.
(3) In addition to officers, the identification of motor vehicles and other means of transport, the municipal police must contain uniform elements. The uniform must not be interchangeable with the uniform defined by the specific legislation8).
(4) The Ministry shall determine by decree:
(a) a pattern of the badge of the municipal police,
(b) uniform elements of uniform uniform of officers, identification of motor vehicles and other means of transport by municipal police.
(1) The officer shall, without undue delay, notify the police of a reasonable suspicion that a criminal offence has been committed and, according to the nature of the matter, ensure the place of the offence against the entry of unauthorised persons.
(2) The officer is required to notify the competent authority of a suspicion that an offence or other administrative offence has been committed which falls within the competence of that authority.
(3) The notification referred to in paragraphs 1 to 2 shall be supported by the grounds or evidence on which the suspicion is based.
Authorization of officers
Authorisation to request clarification
(1) The officer is entitled
(a) require the necessary explanations from a person who may contribute to clarifying the facts relevant to the detection of an offence or other administrative offence or its perpetrator, as well as to establishing the facts of the case;
(b) to invite the person referred to in point (a) to appear at a designated place within a specified time to write down the statement of explanation;
(c) invite the person referred to in (a) to submit the documents necessary to establish the facts referred to in (a).
(2) If a statement of explanation is to be drawn up with a person under the age of 15, the presence of his legal representative shall be ensured.
(3) The person shall comply with the call referred to in paragraph 1.
(4) An explanation can only be denied by a person who would, by him, to his relative in a direct generation, to his siblings, to an adopter, to a spouse or to a species, or to any other person in a family or similar relationship, whose harm he would rightly feel as his own, cause a risk of criminal prosecution or a risk of punishment for an offence.
(5) An explanation may not be required from a person who would infringe the obligation of confidentiality imposed by the State or recognised by the State unless that obligation has been waived by the competent authority or by the person in whose interest it is obliged.
(6) The officer shall be obliged to instruct the person in advance of the possibility of refusing an explanation under paragraphs 4 and 5.
(7) Those who come to the call shall be entitled to reimbursement of the necessary expenses and to reimbursement of the loss of earnings ("compensation '). The compensation is provided by the municipality. The right to reimbursement shall not be exercised by those who appear only in their own interests or for their own infringements, or by those who are entitled to compensation under special legislation9).
(8) The right to reimbursement referred to in paragraph 7 shall cease if it is not exercised by the person within seven days of the date on which he arrived at the call referred to in paragraph 1; a person must be instructed about this.
(9) If a person does not comply with the request or the call referred to in paragraph 1 without a sufficient apology or serious reason, he may be presented.
(10) The entry of an explanation must be drawn up with the person without undue delay.
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Regulation Information
| Citation | Full text of Act No. 43 / 2009 Coll., Act No. 553 / 1991 Coll., on Municipal Police, as seen from subsequent amendments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.02.2009 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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