Amendment Of The Act On Offences Act And Amendment Of Certain Other Laws

Original Language Title: změna zákona o přestupcích a změna některých dalších zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=79234&nr=494~2F2012~20Sb.&ft=txt

494/2012 Sb.



LAW



of 5 December. June 2012,



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

amended, law No 40/2009 Coll., the criminal code, as amended by

Act No. 306/2009 Coll., and some other laws



Modified: 22/2014 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



The amendment of 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. 359/1992 Coll., Act No. 67/1993 Coll.

Act No. 290/1993 Coll., Act No. 134/1994 Coll., Act No. 82/1995 Coll.,

Act No. 237/1995 Coll., Act No. 279/1995 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. 370/2000 Coll., the finding of the Constitutional Court, declared under no.

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

265/2001 Coll., Act No. 273/2001 Coll., Act No. 274/2001 Coll., Act No.

312/2001 Coll., Act No. 6/2002 Coll., Act No. 62/2002 Coll., Act No.

78/2002 Coll., Act No. 216/2002 Coll., Act No. 259/2002 Coll., Act No.

285/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No.

218/2003 Coll., Act No. 274/2003 Coll., Act No. 362/2003 Coll., Act No.

47/2004 Coll., Act No. 436/2004 Coll., Act No. 501/2004 Coll., Act No.

559/2004 Coll., Act No. 585/2004 Coll., Act No. 95/2005 Coll., Act No.

379/2005 Coll., Act No. 392/2005 Coll., Act No. 411/2005 Coll., Act No.

57/2006 Coll., the Act No. 76/2006 Coll., Act No. 80/2006 Coll., Act No.

115/2006 Coll., Act No. 135/2006 Coll., Act No. 181/2006 Coll., Act No.

213/2006 Coll., the Act No. 216/2006 Coll., Act No. 225/2006 Coll., Act No.

226/2006 Coll., Act No. 215/2007 Coll., the Act No. 344/2007 Coll., Act No.

376/2007 Coll., Act No. 129/2008 Coll., Act No. 274/2008 Coll., Act No.

309/2008 Coll., Act No. 314/2008 Coll., Act No. 484/2008 Coll., Act No.

41/2009 Coll., Act No. 52/2009 Coll., Act No. 306/2009 Coll., Act No.

346/2009 Coll., Act No. 150/2010 Coll., Act No. 199/2010 Coll., Act No.

133/2011 Coll. and Act No. 366/2011 Coll., is hereby amended as follows:



1. In section 11 is at the end of paragraph 1 (a). (d)) shall be replaced by a comma and dot

the following point (e)), which read:



"(e)) the prohibition of stay.".



2. In section 12 paragraph 2 is added:



"(2) For more offences of the same offender, according to the common procedure

penalties shall be imposed in accordance with the provisions relating to the offence

strictly as an offense. A ban or prohibition of residence can be saved,

If it can be saved for any of these offences. "



3. under section 15 shall be added to § 15a, which including the footnote No. 19

added:



"§ 15a



(1) the prohibition of stay can be saved only for the offences referred to in the special section

This Act or any other Act, and for a period not exceeding three months for the

provided that the



and) the offence was committed intentional acts significantly distorting the local

matter of public policy,



(b)) the offender has been in the last 12 months before the date on which the

been convicted of a misdemeanor offense for similar conduct,

committed in the territory of the same municipality, and



(c)) the imposition of such sanctions is necessary in order to ensure the protection of local

a matter of public order in the territory of the municipality; the sanctions ban the stay

not apply to the place or district, in which the offender permanent residence

or reported to stay under a special legal regulation, ^ 19).



(2) the prohibition on residence lies in the fact that the offender shall for the duration of

the prohibition of stay on the territory of the municipality of delay or part thereof in which the

repeatedly committed an offence within the meaning of paragraph 1, as defined in

the decision of the administrative authority, which ban the stay order.



(3) the local authority of the municipality in whose territory the offender has permanent residence or

reported residence, pursuant to special legal regulation ^ 19), the perpetrators on

the basis of his request to grant an authorisation for temporary stay in the territory of

the municipality referred to in paragraph 2, or its part. Authorisation may be granted if the

the offender to reside on the territory of the municipality of serious personal reasons, which are

in particular, a visit to a doctor or a public authority. The local authority may

permission granted only with the consent of the administrative authority, that the prohibition of stay

saved by. On the request of the municipal authority shall decide without delay, and no later than five

working days from the initiation of the proceeding. The conditions are not fulfilled for the

the issue of permits, the local authority shall issue a decision which rejects the request;

otherwise, the authorisation shall be granted; the applicant shall issue instead of a written copy of the

confirmation of the decision on a residence permit. The authorization, which is the applicant

allow a short stay on the territory of the municipality or part thereof in which the

disabled stay, always contains the definition, at what time and for what purpose is the

a short stay is allowed. During the stay in the territory of the municipality or a part thereof, in

where the offender has disabled stay, is required to have a certificate according to the

This provision.



(4) since the performance of the rest of the prohibition of stay after a period of time can be half the performance

This penalty may be dispensed with if the perpetrator of the offence in a way my life

prove that her next performance is not required.



(5) the imposition of a ban on residence, place and time of its duration, if appropriate, on the

the abandonment of its performance, shall inform the administrative authority, that the prohibition of stay

order, immediately to the police of the Czech Republic and in the case of citizens of the Czech

Republic is also the local authority of the municipality in whose territory the offender has permanent

the stay.



19) Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and

on the amendment to certain acts, as amended.



Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

The police of the Czech Republic, as amended, (asylum Act),

in the wording of later regulations. ".



4. In section 19 is at the end of the text of paragraph 2, the words "and not for him

Save a ban ".



5. In section 30 to the end of the text of paragraph 2, the words "and for the offense

referred to in paragraph 1 (b). and), b), c), (e)), f), (g)), h), ch), j and k) can be used)

together with a fine save, the prohibition of stay ".



6. In article 46 at the end of the text of paragraph 3, the words "and for the offense

referred to in paragraph 2, together with a fine save, the prohibition of stay ".



7. In section 47 of the text at the end of paragraph 2, the words "and for the offense

referred to in paragraph 1 (b). b), c), (d)), f), (g) and (h))) can be used together with a fine

Save a ban ".



8. In article 47, the following paragraph 3 is added:



"(3) the Period of night rest means time from 22. up to 6. the clock. The municipality can

generally binding decree or decision issued on the basis of the General

binding decrees provide for exceptional cases, in particular Festival or

similar social or family events, at which time the night of peace

defined time shorter or no. ".



9. In section 49 is at the end of the text of paragraph 2, the words "and for the offense

referred to in paragraph 1 (b). (c)) can be combined with a fine save, the prohibition of stay ".



10. In section 50 is at the end of the text of paragraph 2, the words "or the prohibition of

stay ".



11. In paragraph 92. 1, after the words "in accordance with § 14 paragraph. 3 "the words" and

the prohibition of residence pursuant to § 15a paragraph. 4. "



PART THE SECOND



Amendment of the Act on municipal police



Article. (II)



In § 11a paragraph. 3 of Act No. 553/1991 Coll. on the municipal police, in the text of the

Act No. 312/2002 Coll. and Act No 427/2010 Coll., shall in the first sentence

the following sentence "the requested authority shall provide further information about the prohibition of residence, place and

the time of its duration. "



PART THE THIRD



Amendment of the Act on residence of aliens in the territory of the Czech Republic



Article. (III)



Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and the

amendment to certain acts, as amended by Act No 140/2001 Coll., Act No.

151/2002 Coll., Act No. 217/2002 Coll., Act No. 222/2003 Coll., Act No.

436/2004 Coll., Act No. 501/2004 Coll., Act No. 539/2004 Coll., Act No.

559/2004 Coll., Act No. 428/2005 Coll., Act No. 112/2006 Coll., Act No.

136/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll., Act No.

230/2006 Coll., Act No. 170/2007 Coll., Act No. 379/2007 Coll., Act No.

124/2008 Coll., Act No. 129/2008 Coll., Act No. 140/2008 Coll., Act No.

274/2008 Coll., Act No. 306/2008 Coll., Act No. 382/2008 Coll., Act No.

41/2009 Coll., the finding of the Constitutional Court declared under no 47/2009 Sb.

Act No. 197/2009 Coll., Act No. 227/2009 Coll., Act No. 278/2009 Sb.

Act No 281/2009 Coll., Act No. 424/2010 Coll., Act No. 427/2010 Sb.

Act No. 73/2011 Coll., Act No. 303/2011 Coll., Act No. 329/2011 Sb.

Act No. 341/2011 Coll., Act No. 375/2011 Coll. and Act No. 458/2011

Coll., is hereby amended as follows:



1. In section 158, paragraph. 1 (a). (b)), the following point 14, including notes

footnote No 46 is added:



"14. the prohibition of stay ^ 46), place the prohibition of stay and time of its duration,



46) § 75 of the Penal Code.



section 15a of Act No. 200/1990 Coll. on offences, as amended by Act No.

494/2012 Sb. ".



2. In section 158, paragraph. 9 the following is added in the letter), which read:



"the ban stay in) ^ 46), instead of a ban on residence and its duration."



PART THE FOURTH



The amendment to the Act on population records



Article. (IV)



Act No. 133/2000 Coll., on registration of the population and the social security numbers and amending

Some laws (law on the registration of inhabitants), as amended by law No. 2/2002

Coll., Act No. 320/2002 Coll., Act No. 53/2004 Coll., Act No. 501/2004
Coll., Act No. 444/2005 Coll., Act No. 68/2006 Coll., Act No. 115/2006

Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll., Act No. 189/2006

Coll., Act No. 342/2006 Coll., Act No. 239/2008 Coll., Act No. 274/2008

Coll., Act No. 305/2008 Coll., Act No. 7/2009 Coll., Act No. 41/2009

Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 424/2010

Coll., Act No. 73/2011 Coll. and Act No. 458/2011 Coll., is hereby amended as follows:



1. In section 3, paragraph 3. 3, the letter i) the following point (j)), including

footnote No 25:



"j) the prohibition of stay ^ 25) instead of prohibition of residence and its duration,



25) § 75 of the Penal Code.



section 15a of Act No. 200/1990 Coll. on offences, as amended by Act No.

494/2012 Sb. ".



Subparagraph (j)) t) are referred to as letters to) to u).



2. In section 3, paragraph 3. 3 (b). u), the words "and with")) shall be replaced by ") to

t) ".



3. In section 3a, paragraph. 2, section 4, paragraph 4. 2 and in section 5 (3). 2 the words "(a). o) and

p) "shall be replaced by the words" (a). p) and (q)) ".



4. In section 4, paragraph 4. 1 the words "(a). (j) to (n))) "shall be replaced by the words" (a). up to)

about) ".



5. In Section 4a, the words "(a). (j)) to about) and (b). q) and r) "shall be replaced by the words

"(a). k) up to p) and (b). r)) ".



6. In section 5, paragraph 1, the following paragraph 2 is added:



"(2) the local authority in whose area the citizen has permanent residence,

writes the data in the information system referred to in section 3, paragraph 3. 3 (b).

j).“.



Paragraph 2 becomes paragraph 3.



7. In article 6, the words "(a). and (b)). k), (l)), r) ' shall be replaced by the words "(a).

I), l), m, s)) ".



8. In section 8 (2). 3, the words "(a). p) "shall be replaced by the words" (a). q) ", words

"(a). about) "shall be replaced by the words" (a). p) "and the words" (a). q) and r) "

replaced by the words "(a). r)) ".



PART THE FIFTH



The amendment of the criminal code



Article. In



In § 337, paragraph. 1 of Act No. 40/2009 Coll., the criminal code, for the letter

(c)), the following new subparagraph (d)), which read:



"(d) violates the prohibition of stay) stored by other legislation".



Existing subparagraph (d)) and i) are referred to as the letters e) to (j)).



PART SIX



cancelled



Article. (VI)



cancelled



Němcová in r.



Nečas in r.