Act No. 70 / 1965 Coll.
National Security Corps Act
Valid
Effective from 01.08.1965
70
THE LAW
of 30 June 1965
on the National Security Corps
The fundamental interest of our society is the protection of socialist social and state institutions, socialist social ownership, the security of persons, the protection of their rights and their property, as well as the consistent respect and continued consolidation of socialist legality. The development and deepening of socialist democracy and the increase in citizens' direct participation in government administration also find its expression in ensuring the security involved by all state and social authorities, organisations and individual citizens. In doing so, the National Security College performs important tasks, based on the objectives and guidelines established by the Communist Party of Czechoslovakia in all its activities.
Based on these principles The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
(1) The National Security Corps is responsible for the direct protection of socialist social and state institutions, public order, the security of persons and property.
(2) The National Security Corps is a body of state coercion which, throughout its activities, also applies means of social activity, education and prevention.
In carrying out its tasks, the National Security College shall be governed by the Constitution of the CSSR, the laws and other legislation; its members are required to ensure that socialist lawfulness is respected.
Tasks of the National Security Corps
(1) In particular, the National Security College shall carry out the following tasks:
(a) ensure the protection of the socialist social and state establishment; reveals and disables hostile activities against the Czechoslovak Socialist Republic and protects citizens from such hostile activities;
(b) ensure the protection of national borders, objects of particular importance and cooperate in defending the State;
(c) ensure the protection of public policy; carry out the tasks assigned to the national committees under their responsibility;
(d) ensure the safety and dignity of persons;
(e) ensure the protection of property;
(f) ensure the safety and continuity of road traffic;
(g) identify and identify the perpetrators of the offences, offences and offences;
(h) conduct investigations and searches in accordance with criminal rules, clarifies offences and offences under specific regulations, and, where the law provides for, decides on offences;
(ch) prevents criminal and other antisocial activities and helps to eliminate their causes and strengthen socialist legality and state discipline.
(2) If the National Security College carries out other tasks of the administration, special rules apply.
Main principles of the organisation of the National Security Corps
(1) The National Security Corps is armed and, according to military principles, organised by the Corps, subordinate to the Home Secretary.
(2) The Minister of the Interior is directly superior to and exercises disciplinary authority over all members of the National Security Corps.
(3) Members of the National Security Corps shall be required to follow the orders of the Minister of the Interior and the relevant Chiefs and Commanders.
(1) The National Security College is composed of State Security and Public Security, which are separate branches.
(2) Within these components, investigators are appointed who are under the authority of the Chief of Investigation on matters relating to the investigation. When investigating crimes, investigators shall proceed in accordance with the provisions of the Code of Criminal Procedure.
The National Security Corps is organized according to regions and districts. The Municipal Administration of Public Security in Bratislava exercises the responsibility of the District Department of Public Security; the Regional Administration of the National Security Corps in Bratislava also exercises jurisdiction in the territory of the capital of Slovakia Bratislava. In the counties, Public Security is organized by circuit. The Home Secretary may adapt the organisation to the needs of the security service. The Municipal Administration of Public Security in Brno exercises the responsibility of the District Department of Public Security; The Regional Administration of the National Security Corps in Brno also exercises jurisdiction on the territory of Brno. The municipal public security administration in Ostrava exercises the competence of the district public security department; the Regional Administration of the National Security Corps in Ostrava also exercises competence in the territory of Ostrava. The municipal public security administration in Pilsen exercises the competence of the district public security department; the Regional Administration of the National Security Corps in Pilsen also exercises jurisdiction on the territory of the City of Pilsen.
Cooperation of the National Security Corps with national committees, other state bodies, socialist organisations and citizens
(1) In the performance of its tasks, the National Security College shall cooperate mainly with the National Committees.
(2) National Committees also provide local public order matters through the National Security Corps. In such cases, the National Security College shall perform the tasks assigned to it by the National Committees under their responsibility. In doing so, the authorities of the national committees shall contact the National Security College exclusively through the competent Chief (Commander).
(3) The National Security Corps Chiefs shall be responsible for carrying out the tasks assigned to the national committees in order to ensure local public order matters, both to the relevant national committees and to the senior Chiefs; in matters relating to the performance of their duties, they shall be responsible and subordinate only to senior chiefs.
The members of the National Security Corps shall be required to comply with the instructions given to them by the prosecutors and courts under their jurisdiction.
(1) National Committees and other national authorities may, except in the cases referred to in paragraphs 7 and 8, seek assistance from the National Security Corps under the law; do so exclusively through the competent chief (commander).
(2) The principles of cooperation and synergies between the National Security Corps and the Czechoslovak People's Army are laid down by the Ministers of Interior and National Defence.
The National Security Corps shall cooperate in the performance of its tasks with the management of enterprises and establishments, single agricultural cooperatives and other folk cooperatives, voluntary social organisations, in particular the Revolutionary Trade Union and the Czechoslovak Youth Union, as well as other bodies and organisations. In particular, they shall be dealt with by the causes and conditions of the emergence of criminal offences and other negative phenomena, by more serious cases of violations of public policy, in particular the rules of socialist cohabitation, draw attention to the shortcomings identified and consult them on appropriate measures to remedy them and, where appropriate, take appropriate measures to remedy them.
(1) The National Security College shall pursue all its activities in close cooperation with citizens and shall acquire them to participate actively in strengthening the protection and security of the State and in maintaining public order.
(2) Voluntary reporting citizens who enjoy general seriousness and trust may be entrusted with certain security tasks. If identified externally, they have the rights and obligations under this Act as members of the National Security Corps, unless otherwise provided by the Minister of Interior.
(3) Every citizen has the right to contact the National Security Corps with incentives and requests for assistance. The National Security College shall, to the extent provided for by this law and the Code of Criminal Procedure, receive the initiative and provide the assistance requested.
(1) National Security Corps members shall be entitled to seek assistance and appropriate synergies between national committees, other state authorities and military departments in the exercise of their powers.
(2) National Security Corps members may in danger request everyone's assistance. The requested person shall be obliged to provide assistance; it does not have to do so if it is prevented by an important circumstance or if it would put himself or the person close to him at serious risk (Section 116 of the Civil Code).
(1) If a citizen has suffered from damage to or death in connection with assistance provided by a citizen at the request or with the knowledge of a national security department, the damage suffered by that State shall be reimbursed by that State in accordance with the rules on compensation for accidents at work.
(2) A citizen shall also be reimbursed for any damage caused to him in connection with the provision of assistance under paragraph 1. In doing so, the actual damage shall be recovered, in cash, unless it is rectified by the statement in the previous situation; However, compensation may be granted to the injured party for the costs of acquiring the new case as compensation for the injured party.
(3) The State shall also pay for any damage caused by a citizen in connection with the provision of assistance under paragraph 1 in the performance of tasks arising from the assistance.
(4) A State may compensate a citizen for damage or costs incurred even if it is not for assistance granted under the conditions referred to in paragraph 1.
(5) The right of the State to compensation for damages against those responsible under the Civil Code shall not be affected by the previous provisions.
Rights and obligations of members of the National Security Corps
(1) Members of the National Security Corps shall, in carrying out their tasks under this law, protect constitutional and other rights and ensure that constitutional and other obligations are respected. In particular, they must always act against public order violations and against any criminal activity.
(2) In all their activities, in particular in their performance and in their interventions, members of the National Security Corps shall be obliged to ensure the proper dignity, honour and dignity of the citizens and their own.
(3) National Security Corps members shall enjoy legal protection as public officials in the exercise of their powers. Anyone who cancels or makes the exercise of their authority difficult shall be liable by law.
(1) If a member of the National Security Corps is to use, if circumstances permit or require, the words: "On behalf of the law!" Everyone is obliged to obey his call.
(2) In the performance of specific services, in particular in the management of road transport, the relevant provisions shall apply to the instructions and calls of members of the National Security Corps.
(1) Members of the National Security Corps shall be entitled to request the necessary clarification from any person who may contribute to clarifying the facts necessary for the detection of offences, offences or offences; to that end, they may invite him to appear.
(2) An explanation may not be required from any person who would have infringed the legally imposed or recognised obligation of confidentiality, unless he has been relieved of that obligation by the competent authority, or in the interests of which he has the obligation.
(3) An explanation may deny who would cause the risk of prosecution to himself or to others close to him.
(4) Those who appear at the call referred to in paragraph 1 shall be entitled to reimbursement of final expenses and lost earnings. This claim is not for those who have been summoned in their own interest. The claim shall cease if it is not valid within 3 days of its completion.
(5) If the person summoned fails to comply with the call without an apology or for serious reasons, he or she may be presented.
(1) If, in the interests of public policy, it is necessary to establish the identity of a person who does not want or cannot reasonably prove his identity, the members of the National Security Corps shall be entitled to demonstrate that person.
(2) The person presented shall be released immediately after the necessary service operations have been carried out and within 24 hours at the latest.
(1) Members of the National Security Corps shall be entitled to perform the necessary service tasks by demonstrating to anyone who violates the public order in a gross manner, in particular through disorderly conduct or other inappropriate conduct.
(2) After the necessary service operations have been carried out, they shall be released without delay but no later than 48 hours.
National Security Corps members shall be entitled, if necessary, to detain anyone to be expelled for the period strictly necessary to carry out the expulsion, but for a maximum period of 8 days.
Members of the National Security Corps shall be entitled to ensure that the person to whom they act in order to maintain public order is not armed.
(1) In the performance of their service at national borders, members of the National Security Corps shall be entitled to carry out a personal inspection, a luggage inspection and a tour of the means of transport and shall be obliged to prevent unauthorised crossing the national borders.
(2) In addition, members of the National Security Corps shall be entitled to carry out the tasks of the customs authorities for which they are empowered to carry out, in particular to act in combating smuggling; in so doing, members of the National Security Corps shall cooperate closely with the customs authorities.
Members of the National Security Corps shall be entitled to use a baton in order to maintain public order, in particular in the case of actions against troublemakers, in the course of obstructing the operation of the service and in order to prevent an attack on a person, to place handcuffs or, where appropriate, to use other means in accordance with the relevant regulation.
(1) In exercising its authority, a member of the National Security Corps shall be entitled to use arms only in the following cases:
(a) to avert, in the event of a necessary defence, an wrongful 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 opposition to thwart his serious service;
(d) to prevent the escape of a dangerous offender which he cannot otherwise contain;
(e) to avert a dangerous attack that threatens a guarded object or site, following a futile call to abandon the attack;
(f) against a person who does not stop in the immediate area of the national borders after the re-challenge, tries to escape and cannot be otherwise detained;
(g) in the performance of security services in the immediate area of national borders, in order to force the stopping of a means of transport which does not stop at the direction or call given under the applicable rules.
(2) When using a weapon, a member of the National Security Corps shall take care to ensure that the lives of other persons are not jeopardised; He shall also be obliged to conserve as much as possible the life of the person against whom he is directed.
If the circumstances of the case so permit, a member of the National Security Corps shall be obliged to use the means provided for in Section 22 before using the weapon.
If the members of the National Security Corps are under uniform command and command, they shall comply with the order of the commander who decides to use the weapon in accordance with the principles contained in paragraphs 23 and 24.
Members of the National Security Corps shall be required to remain silent on matters which they have learned in the course of or in connection with the performance of their duties and which require, in the general interest or in the interests of the parties concerned, to remain secret from unauthorised persons; The Minister of Interior shall determine when a member of the National Security Corps may be relieved of that obligation.
Staff Regulations of Members of the National Security Corps
(1) Members of the National Security Corps shall be subject to the jurisdiction of military courts and provisions on military offences; their rank corresponds to the same military rank.
(2) Members of the National Security Corps who have performed a military basic service shall be exempt from their duties under a military law which they would otherwise be obliged to do.
Final provisions
(1) The Minister of the Interior may invite members of the military or other armed corps of the Ministry of the Interior to carry out security tasks. If members of the military or other armed corps of the Ministry of Interior carry out the tasks of the National Security Corps, they shall have the same rights and obligations under this Act as members of the National Security Corps, unless otherwise provided for by the Minister of Interior.
(2) The Minister of the Interior may also appoint members of the National Security Corps to carry out the tasks of the troops or other armed forces of the Ministry of Interior. If members of the National Security Corps perform the tasks of the troops or other armed corps of the Ministry of Interior, they shall have the same rights and obligations in the performance of those tasks as members of the troops or other armed corps of the Ministry of Interior, unless the Minister of Interior provides otherwise.
(3) The Minister of the Interior may, in agreement with other Ministers, delegate or authorise other bodies to carry out the tasks of the National Security Corps.
(1) The following shall be deleted:
1. Act No. 286 / 1948 Coll., on National Security,
2. Act No. 275 / 1948 Coll., transferring the financial guards in the customs border zone to the National Security Corps,
3. vl. nařízení č. 98 / 1949 Coll., on the performance of public administration in the field of national security in the territory of the capital of Prague and Prague Region,
4. the Decree of the Minister of National Security No. 103 / 1952 Coll., on the external designation of members of the racing guard,
5th wave of No. 64 / 1957 Coll., on Local Security.
(2) General binding legislation *) issued under Act No. 286 / 1948 Coll., shall be deemed to have been issued under that Act; However, the exercise of the rights and obligations of the persons entrusted under these Regulations to carry out security tasks shall be governed by this law.
This Act shall take effect on 1 August 1965.
Novotný v. r.
Laštovka v. r.
Lenárt v. r.
*) The following remain: Decree of the Ministry of National Security No. 66 / 1953 Ú. l. as amended by Decree No. 320 / 1953 Ú. l., on the tasks and responsibilities of the racing guard (No. 98 / 1953 Ú. v. and No. 365 / 1953 Ú. v.), Decree of the Minister of Interior No. 28 / 1955 Coll., on the external designation of the members of the People's militia, Decree of the Minister of Interior No. 40 / 1957 Coll., on the external designation of the Border Guard Observers, Decree of the Minister of Interior Affairs No. 35 / 1961 Coll.
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Regulation Information
| Citation | Act No. 70 / 1965 Coll., on National Security Corps |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.07.1965 |
|---|---|
| Effective from | 01.08.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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