The Special Protection Of Witnesses And Other Persons

Original Language Title: o zvláštní ochraně svědka a dalších osob

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51270&nr=137~2F2001~20Sb.&ft=txt

137/2001 Coll.



LAW



of 29 April 2004. March 2001



the special protection of witnesses and other persons in connection with criminal

management and on the amendment of Act No 99/1963 Coll., the code of civil procedure, as amended by

amended



Change: 349/2005 Sb.



Change: 413/2005 Sb.



Change: 348/2007 Sb.



Change: 105/Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



INTRODUCTORY PROVISIONS



§ 1



The purpose of the law



(1) the purpose of this Bill is to modify the provision of special protection and

to help witnesses and other persons in connection with criminal proceedings

apparently threaten to cause injury to the health or other serious hazards, (hereinafter referred to as

"vulnerable person").



(2) pursuant to this Act shall proceed only if the safety of the affected

person by some other means. ^ 1)



(3) under this Act to special protection and assistance provided to the

request of the competent authority of a foreign State, which decides on a similar

the protection of persons under the law of a foreign State (hereinafter referred to as "the authority of the foreign State"),

or at the request of the International Criminal Court, the international criminal

the Tribunal, where appropriate, of the like the International Court of authority, that

meet at least one of the conditions specified in § 145 paragraph. 1 of the law on

international judicial cooperation in criminal matters (hereinafter referred to as "the Court of

the body ").



(4) to provide special protection and assistance provided for by this Act, is not

a legal claim.



§ 2



Endangered and protected person



(1) in a vulnerable person shall, for the purposes of this Act, the person shall be deemed to



and) has submitted, or to be given an explanation, testimony or testify

or has to testify as the accused or otherwise assist or help by

the provisions of the code of criminal procedure to achieve the purpose of criminal proceedings, or



(b)) is an expert or interpreter or defence counsel if the accused, which

as a lawyer he represents, or has testified to testify to help to

achievement of the purpose of criminal proceedings, or



(c) the person is close) ^ 2) to a person referred to in subparagraph (a)), or (b)).



(2) the protected person is a person referred to in paragraph 1, which is

granted special protection and assistance.



§ 3



Special protection and assistance



(1) the special protection and assistance is a set of measures, which include



and personal protection),



(b)) moving the protected person, including members of her household ^ 3) and

help the protected person for the purpose of social inclusion in the new

environment,



c) concealment of the real identity of the protected person,



d) checking compliance with the conditions for granting the special protection and

assistance.



(2) the special protection and assistance is provided to the police of the Czech Republic (hereinafter referred to

"the police") and the prison service of the Czech Republic (hereinafter referred to as "the prison

Service "), the performance measures referred to in paragraph 1. The prison service may

perform only the measures referred to in paragraph 1 (b). a) and (c)). The police and

the prison service are required to complete tasks under this Act's

help each other.



(3) the authorities of the public administration are required to the extent necessary to achieve the

the purpose of this law, to cooperate with the police and the prison service at

enforcement of the measures referred to in paragraph 1. To the concealment of the real identity of

of the protected person is the police empowered to create the legend of other personal

the existence of a (hereinafter referred to as "the legend") and to provide in information systems

conducted under special legislation inserting, changing, removing,

erasure or blocking of data arising from this legend. These data

separately do not indicate and lead, together with the other personal information ^ 4),

If the police does not provide otherwise. For the creation of the legend can be with the consent of

of the protected person to take advantage of some of her personal information.



PART TWO



THE PROVISION OF SPECIAL PROTECTION AND ASSISTANCE



§ 4



(1) the special protection and assistance can be granted if the



and the endangered person agrees with) the manner and terms of

special protection and assistance, including the processing and exploitation of its

personal data (§ 8), and



(b)), the Minister of the Interior (hereinafter referred to as "the Minister") shall approve the proposal for the police, the judge

or the Prosecutor to the special protection and assistance was affected

person provided; judge or the Prosecutor submitted such a proposal

through the Minister of Justice.



(2) the consent referred to in paragraph 1 (b). and) is required before the application

to provide special protection and assistance to the Minister; This does not apply in the case of

the proposal of the judge or the Prosecutor. Person must be by the police

their age and intellectual recognition abilities informed of dangers,

It threatens, acquainted with the manner and terms of the grant of the Special

protection and assistance and with the obligations laid down in this law. Additionally, you must

be advised that the information relating to special protection and assistance are

classified under a special law ^ 5), and under such law must be

taught. The lessons learned by the police draw up the record.



(3) where there is a risk to the vulnerable person immediately, the police

the consent of the police President, performs the binding of the exposed person

or imprisonment, the prison service, with the approval of the General

the Director of the prison service will provide special protection and assistance even before the

before the Minister a proposal for the provision of special protection and assistance.

In these cases, special protection and assistance to temporarily provide even

without the consent referred to in paragraph 1 (b). and, if temporarily)

the impaired state of health does not allow for the affected person to give consent.



§ 5



(1) If a vulnerable or protected person minor ^ 6) or

a person who has been deprived of its decision, legal

capacity or the capacity to perform legal acts was by a court decision

limited consent pursuant to section 4, paragraph 4. 1 (b). and) gives her legal guardian.



(2) to be endangered or protected person referred to in paragraph 1 in accordance with

This Act has been notified, shall be the legal representative.



(3) could result in a conflict of interest between a vulnerable or protected

person and the legal representative, the consent referred to in paragraph 1 can be requested only

from the Special Representative ^ 7) or guardian. ^ 8)



(4) until such time as the legal representative, the Special Representative or guardian

consent, may be exercised only the measures referred to in § 3 (1). 1 (b). and).



§ 6



Protected person shall be obliged to



and the special terms and conditions) to comply with protection and assistance,



(b)) follow the advice of members of the police (hereinafter referred to as "the policeman") and

members of the prison service,



(c) inform the police and) members of the prison service about

of all the new developments and changes that may be relevant to

Police and prison services under this Act.



§ 7



(1) the provision of special protection and assistance is terminated, if the protected

the person taking the consent in writing referred to in section 4, paragraph 4. 1 (b). and).

The provision of special protection and assistance provided for in section 4, paragraph 4. 3 is also terminates

If the Minister does not approve the proposal for its granting.



(2) the Minister shall decide on the termination of the special protection and help if

the danger that threatened the protected person passed away.



(3) the Minister may decide to terminate special protection and assistance,

If the protected person



and refused help under the provisions of) the criminal procedure code to achieve the purpose

criminal proceedings in respect of which the special protection and assistance

provided, or



(b)), at the time, after which it is granted special protection and assistance,

justifying its acts committed by the criminal prosecution for intentional

a criminal offence, or



c) fulfilling the obligations of the protected person provided for in article 6, or



(d) the breach of the obligation of secrecy) of classified information.



Section 7a



The procedure for termination of the provision of special protection and assistance



(1) proceedings for the termination of the provision of special protection and assistance provided for in section 7 of the

paragraph. 2 and 3, on a proposal from the police launches.



(2) a participant in the proceedings is a protected person.



(3) a document shall be served on the parties by the police.



section 7b



The decision to end the provision of special protection and assistance



(1) a copy of the written copy of the decision on the termination of the

special protection and assistance, without delay, deliver to the police.



(2) the decision on the termination of the provision of special protection and assistance cannot be

examined in the review. The decision on the termination of the

special protection and assistance may not be decompiled or request for renewal

control.



(3) the decision on the termination of the provision of special protection and assistance

may be lodged within 15 days from the date of service of the claim under the code of civil procedure

administrative ^ 11). The person that was the provision of special protection and assistance

terminated, it shall without undue delay inform the police about the Administration

of the action.



(4) pending a final court decision on the application shall be exercised by the police and

the prison service the necessary measures to protect the life and health of a person,

that was a special protection and assistance provided by the.



PART THREE



PRIVILEGES AND DUTIES OF THE POLICE AND THE PRISON SERVICE



§ 8



Permission to process personal data



(1) the police and the prison service are, for the purposes of this Act, be entitled to

process and use the personal data of endangered or protected person.



(2) the activities of the police and prison services referred to in paragraph 1 shall

covered by the law No. 101/2000 Coll., on the protection of personal data and on amendments

certain acts, as amended, with the exception of sections 16 to 19, and

section 27.



§ 9




Permissions in ensuring the safety of protected persons



(1) if it is to ensure the safety of the protected person absolutely necessary, it

a police officer is entitled to



and enter into the object and) make a tour of the space from which it would be

effectively endanger the safety of the protected person, and a tour of the people,

means of transport and objects in this space,



(b)) prohibit entry or residence in an area referred to in point (a)), or its

section at the time, before they made the necessary arrangements to compromise

the safety of the protected person from this area could occur.



(2) a tour of the area referred to in paragraph 1 (b). and the police officer is entitled to)

do this only with the permission of the user. Without this permission, it is entitled to

This, it is reasonable to suspect that from the space to be executed attack on

the safety of the protected person. The police officer is obliged to ensure the presence of the

stakeholders. It may not do so, there is a risk of delay

or could be a threat to the life or health of the non-participating

of the person. After performing the official tasks related with access to

space is the police officer shall immediately notify the user space and

ensure the security of the area, it cannot do so, the user or other

the authorized person.



(3) a personal tour of a police officer is allowed to perform only if

the person on the challenge of space referred to in paragraph 1 (b). and) immediately

do not leave or if there is a risk of default. Personal tour

performed by a person of the same sex. If he can't make a personal tour

a person of the same sex, and if there is reasonable suspicion that the person carrying

hiding a weapon, may, exceptionally, where there is a risk of delay, personal

the tour can also be done by a person of the opposite sex. If you need to

make sure that the weapon is hidden in body cavities, is entitled to

personal tour only make competent medical

the worker.



(4) the inspection referred to in paragraph 1 (b). and other) must not be

purpose than to ensure the safety of the protected person.



§ 10



Permissions in ensuring the safety of the protected area



If there is reason to suspect that will be effected an attack on life and health

of the protected person, or on its property, a police officer is entitled to necessary

extent and for the time strictly necessary to define the space where the protected

person resides or will delay, or where its assets,

as a protected area (hereinafter referred to as "protected space"). To indicate or

the borders of the protected space or part of it is the police officer shall be entitled to

use the technical means. In ensuring the safety of the protected

space is a police officer shall be entitled to



and the identity of the person), into the protected space shall enter

or leaves the zone of clearance,



(b) the reason for the entry of the person) in the protected area,



(c)) to inspect the items, and the control of things,



(d)) to stop entering and outgoing transport and make

their tour,



(e)) to ensure that the person who enters the protected area,

does not have a gun, and if it has, of the period of stay of persons in the area of the gun

remove,



(f)) prohibit entry or residence in the protected space or its parts.



section 10a



Permission to scan the protected person



(1) if it is determined by the suspicion that the protected person does not comply with the obligations

referred to in § 6, and if that suspicion is to examine the other way,

the police are entitled to the extent necessary to acquire knowledge

classified by technical or other means; in doing so,

It is entitled to take the sound, image, or other records, to perform

interception and recording of telecommunications and require the person

carrying out the activities of data on telcos made

telecommunications operations, which are the subject of the telecommunications

secret, or which are covered by the protection of personal and intermediary

the data.



(2) the making of audio, Visual, or other records, the implementation of the

interception and recording of telecommunications and requesting information about

keeping the telecommunications operation is possible only with the prior

agreement of the President of the Senate of the Supreme Court of the registered office of the Department

the police or the prison service, which provides special protection and assistance.

Against the decision to allow or reject the application is not allowed

the appeal.



§ 11



Permission to the concealment of the activities of the police



To the concealment of the activities of the police in the provision of special protection and assistance

the police officer is entitled to establish a trading company, asking for sole proprietorship

permission or asking for permission to do business on the basis of other than

a trade licence under separate regulations. The purpose of the activity

However, it is not a business. ^ 9)



§ 12



The police officer is in the provision of special protection and assistance shall be entitled to

use the cover papers, conspiratorial means security

technique and special funds.



section 13 of the



Backing papers



(1) the covering document for the purposes of this Act, a document serving

to the concealment of the real identity of the protected person or a police officer, who

provides special protection and assistance, or for other similar purposes.



(2) the cover document affixes or issues the police or the Ministry of the Interior

(hereinafter referred to as "the Ministry") with the consent of the Minister. Cover document may

to be a protected person or a person to whom it has been providing special

protection and assistance is terminated, if the grants its consent.



(3) a cover document must not be a Deputy or Senator card, Member

the Government, the Governor of the Czech National Bank, a member of the Supreme Audit

the Office and the judge of the Constitutional Court, the judge and the State business license

Representative and document other living or deceased person.



(4) public authorities shall, at the request of the police or the Ministry of

changes in information systems and issue the covering documents; in doing so,

vowed to prevent the disclosure of the activities of the police or

of the Ministry.



(5) the Ministry keeps records of cover documents.



(6) Police issued covering documents managed by the protected persons even after their

the provision of special protection and assistance.



§ 14



Conspiratorial means



Konspirativním means means thing or space used to

the concealment of the real identity of the protected person or a police officer or

Police activity in the provision of special protection and assistance.



§ 15



Safety technology



Security technology means the technical resources, equipment and

the files that are used in order to prevent or remove threats to

the life and health of the protected person or to ensure the protection of its

asset.



section 16 of the



Special funding



(1) Special funds earmarked financial means

the resources that are being used to pay for certain expenses in

connection with the provision of special protection and assistance. On the management of

Special funds are not subject to the legislation of the

governing the management of financial resources of the State.



(2) a police officer handle with special funds is

obliged to dispose of them economically and properly in accordance with the purpose for which the

It was provided.



(3) rules for management of the special funds provides

on the proposal of the President, the Minister of police.



§ 17



Other permissions



(1) if it is for the provision of special protection and assistance,

is the police empowered to



and represent the protected person in) the extent of its mandate,



(b) the protected person) to provide financial resources.



(2) where, for compelling reasons, it is the police with the consent of the Minister and

protected persons shall be entitled to termination of the provision of special protection and

to help enable this person to disguise her true identity, use the

the created legend and covering papers or provide other similar

assistance.



(3) in cases worthy of special attention may, with the consent of the police

the Minister to allow the protected person or the person to whom it was providing

special protection and assistance has ended, the use of previously-released cover

documents or documents of real identity.



section 18



A police officer and a member of the prison service are required to use

the permission referred to in this law regards honor, esteem and dignity

people as well as their own and to prevent persons in connection with this

activities was undue injury and any interference with their rights and

freedoms has exceeded what is necessary to achieve the purpose pursued by that

by law.



§ 19



Liquidated damages



(1) the State is liable for damage caused by the police or a police officer in

connection with the provision of special protection and assistance provided for in this

the law.



(2) compensation for damage, the Ministry provides.



section 20



cancelled



PART FOUR



COMMON PROVISIONS



section 21



International cooperation



(1) in the framework of international cooperation with the classified information to a foreign country

provide without the consent of the relevant State authority. ^ 10)



(2) if it is necessary to carry out the tasks of the police under this Act,

the basis of the international agreements to which the Czech Republic is bound, or,

If no such contract is concluded, with the agreement of the police President and

with the agreement of the competent authority of a foreign State make use of for the performance of these

the tasks of a national of a foreign security force. Member of the


Foreign Security Corps has the rights and obligations

a police officer under this Act.



(3) when performing the acts referred to in paragraph 2, the activities of the national

a foreign security service corps officially established

the police President.



(4) the police is with the prior consent of the protected person may request the

authority of the foreign State for assistance in the provision of special protection and assistance.



§ 21a



The provision of special protection and assistance, at the request of



(1) the police may, after prior consent of the Minister to provide special

protection and assistance under this Act, other than the affected person on request

the authority of the foreign State or of a judicial authority. A condition of the provision of this

special protection and assistance is the prior consent of such person in the manner

and the terms of the provision of special protection and assistance, including the processing of

and use of their personal data.



(2) the provision of Police for special protection and assistance provided for in paragraph 1

terminates the



and at the request of a foreign authority) of the State or of the judicial authority, or



b) after prior notification to the authority of a foreign State or the judicial authority.



section 22



The cost of



The cost of the provision of special protection and assistance shall be borne by the State.



PART FIVE



cancelled



Article 23 of the



cancelled



PART SIX



The EFFECTIVENESS of the



section 24



This Act shall take effect on 1 January 2000. July 2001.



Klaus r.



Havel, v. r.



Zeman in r.



for example, § 1) 50 Act No. 273/2008 Coll., on the police of the Czech Republic, §

55 paragraph 1. 2 and section 209 of the Act No. 141/1961 Coll., on criminal court proceedings

(code of criminal procedure), as amended.



2) section 116 of the Act No. 40/1964 Coll., the civil code.



3) section 115 of the civil code.



4) § 5 para. 1 (b). c) of Act No. 101/2000 Coll., on the protection of personal

data and on amendments to certain laws, as amended.



5) Act No. 412/2005 Coll., on the protection of classified information and on the

security, as amended.



6) § 9 of the civil code.



7) section 30 of the civil code.



8) section 37 of Act No. 94/1963 Coll., on the family, as amended.



9) § 2 (2). 1 of Act No. 513/1991 Coll., the commercial code.



10) section 74 of law No 412/2005 Coll., on the protection of classified information and on the

Security eligibility.



11) Act No. 150/2002 Coll., the administrative court rules, as amended

regulations.