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.
