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.
