Amendment Of The Act On Offences And Acts Of Parliament's Rules Of Procedure

Original Language Title: změna zákona o přestupcích a zákonů o jednacím řádu Parlamentu

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=53143&nr=78~2F2002~20Sb.&ft=txt

78/2002 Sb.



LAW



of 5 April 2004. February 2002,



amending Act No. 200/1990 Coll. on offences, as amended by

amended, Act No. 90/1995 Coll., on rules of procedure of the

the Chamber of Deputies, in the wording of later regulations, and Act No. 106/1999 Coll., on the

the rules of procedure of the Chamber



Parliament has passed the following Act of the United States:



PART THE FIRST



Changing the law on misdemeanors



Article. (I)



Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992 Coll.,

Act No. 344/1992 Coll., Act No. 357/1992 Coll., Act No. 67/1993 Coll.

Act No. 290/1993 Coll., Act No. 133/1994 Coll., Act No. 83/1995 Coll.

Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No. 289/1995 Coll.

Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999 Coll.

Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll.

Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000 Coll.

Act No. 366/2000 Coll., Constitutional Court published under no.

52/2001 Coll., Act No. 164/2001 Coll., Act No. 254/2001 Coll., Act No.

265/2001 Coll., Act No. 273/2001 Coll., Act No. 273/2001 Coll., Act No.

312/2001 Coll., Act No. 6/2002 Coll. and Act No. 62/2002 Coll., is amended

as follows:



1. section 9, including footnote No. 2a) reads as follows:



"section 9



(1) the Act that is an offence committed by a person

enjoying privileges and immunities under the law or international law, cannot be

as a misdemeanor, unless the law provides otherwise.



(2) cannot be done in pursuit of a sanction or continue, if

the person to whom the sanctions imposed, became later a person enjoying

privileges and immunities in accordance with the law or international law, except to the person

that became a Deputy or a Senator.



(3) under this Act are misdemeanors committed by

Deputies and senators, if invited by the authority competent to hear

the offense of infraction in the disciplinary proceedings under the

special legislation. ^ 2a)



2A) Act No. 90/1995 Coll., on rules of procedure of the Chamber of Deputies, as amended by

amended.



Act No. 106/1999 Coll., on the rules of procedure of the Senate. ".



2. the following shall be inserted after paragraph 9 of section 9a, including footnote No. 2b)

added:



"§ 9a



Under this Act are discussed violations committed by

the judges, if not to seek authority to discuss the offence of

discussion of the offense in the disciplinary proceeding under a special legal

^ 2b) of the code.



2B) Act No. 7/2002 Coll., on proceedings in cases of judges and public

representatives. ".



3. In section 66 paragraph 1. 1 at the end of subparagraph (a)) the following words: ",

unless the person referred to in § 9 para. 3. "



4. In section 71 is replaced with a comma at the end of a period and the following subparagraph (d)),

added:



"(d)) the authority competent under special legislation for consideration

the offense the person referred to in § 9 para. 3 and § 9a in the disciplinary

^ 2a) management or disciplinary proceedings, ^ 2b) if such person for such a discussion

asked. ".



5. In section 76 para. 1 at the end of subparagraph (d)) the following words: ",

unless the person referred to in § 9 para. 3. "



PART TWO



Amendment of the Act on the rules of procedure of the Chamber of Deputies



Article II



Act No. 90/1995 Coll., on rules of procedure of the Chamber of Deputies, as amended by

Act No. 47/2000 Coll. and Act No. 39/2001 is amended as follows:



1. In paragraph 13, paragraphs 3 and 4, including footnote No. 4a) are added:



"(3) the disciplinary proceedings against the Deputy

commits an offence and shall request the competent authority to discuss the offence of

discussion of the offense in the disciplinary proceedings.



(4) the mandate and immunity Committee shall initiate disciplinary proceedings on

the disciplinary offence referred to in paragraph 1 on the proposal of the President of

The Chamber of Deputies, or on its own initiative, of any disciplinary offence referred to

in paragraph 2, on the proposal of the injured and the offence referred to in paragraph 3 to the

the basis of the referral to the competent authority pursuant to a special legal

^ 4a) of the code.



4A) of section 71 (a). d) of Act No. 200/1990 Coll. on offences, as amended by

amended. ".



2. in article 15, paragraph 2 reads as follows:



"(2) for the offense under § 13 para. 3 MEPs save penalty

for the offense down special legislation. ^ 6) ".



PART THREE



Amendment of the law on the rules of procedure of the Chamber



Article. (III)



Act No. 106/1999 Coll., on the rules of procedure of the Chamber, shall be amended as follows:



1. In article 14, paragraphs 3 and 4, including footnote No. 12a) are added:



"(3) the disciplinary proceedings is also against the Senator, that is

commits an offence and shall request the competent authority to discuss the offence of

discussion of the offense in the disciplinary procedure. ^ 12)



(4) the mandate and immunity Committee shall initiate disciplinary proceedings on

the disciplinary offence referred to in paragraph 1 of the proposal of the President of the Senate

or on its own initiative, of any disciplinary offence referred to in

paragraph 2, on the proposal of the injured and the offence referred to in paragraph 3, based on the

referral to the competent authority pursuant to a special legal

prescription. ^ 12a)



12A) § 71 (a). d) of Act No. 200/1990 Coll. on offences, as amended by

amended. ".



2. in section 16 paragraph 2 reads as follows:



"(2) for the offense under § 14 paragraph 2. 3 can be used to save a penalty, Senator

you for the offense down special legal regulation 14) ".



PART FOUR



TRANSITIONAL PROVISION



Article IV



The hearing, which is about the infraction committed members or

the Senators before the date of entry into force of this Act, shall consider, according to

the existing legislation.



PART FIVE



The EFFECTIVENESS of the



Article. In



This Act shall take effect on 1 January 2000. April 2002.



Klaus r.



Havel, v. r.



Zeman in r.