348/2011 Sb.



LAW



of 26 March. October 2011,



amending the Act No 137/2001 Coll., on the protection of the witness and the

the other persons in connection with criminal proceedings and on the amendment of Act No.

99/1963 Coll., the code of civil procedure, as amended, in

as amended, and some other laws



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



The amendment to the law on special protection of witnesses and other persons in connection with the

criminal proceedings



Article. (I)



Act No. 137/2001 Coll., on special protection of witnesses and other persons in

connection with criminal proceedings and on the amendment of Act No 99/1963 Coll.,

Code of civil procedure, in the wording of later regulations, as amended by Act No.

349/2005 Coll. and Act No 413/2005 Coll., is hereby amended as follows:



1. Footnote 1 is added:



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

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

(code of criminal procedure), as amended. ".



2. In article 3, paragraph 3, including footnote 4 is added:



"(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 in the

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

protected persons is entitled to create the legend of the police, other personal

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

conducted in accordance with special legislation, the change of the paste, cut,

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

particularly not, and lead together with other personal data ^ 4),

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

protected persons to take advantage of some of her personal information.



4) § 5 (3). 1 (a). c) of Act No. 101/2000 Coll., on the protection of personal

data and on amendment to certain acts, as amended. ".



3. In section 4, paragraph 4. 2 the word "fact" is replaced by the word "information".



4. Footnote 5 is added:



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

security, as amended. ".



5. In section 7 at the end of paragraph 1, the following sentence "the granting of special

protection and assistance referred to in section 4, paragraph 4. 3 also stops, if the Minister does not approve

a proposal for the granting thereof. ".



6. In section 7 (2). 2 and 3, the words "on a proposal from the police" shall be deleted.



7. In article 7, paragraph 4 is deleted.



8. in section 7, the following new section 7a and 7b, which including the titles and notes

footnote No 11:



"§ 7a



The procedure for their 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) documents the parties served by the police.



section 7b



The decision on the termination of the provision of special protection and assistance



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

special protection and assistance is promptly delivered to the police.



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

examined in the review. Against the decision on the termination of the provision of

special protection and assistance cannot be made or a request for renewal

the proceedings.



(3) Against 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, is obliged to inform the police without undue delay of the submission

the action.



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

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

that was a special protection and assistance provided by the.



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

regulations. ".



9. section 13 including the title:



"section 13



The covering documents



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

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

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



(2) the cover document provides or publishes the police or the Ministry of the Interior

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

be the document protected person or the person to whom it was providing special

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



(3) A document shall not be a member or Senator card, Member

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

the Office of 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; When tom

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

of the Ministry.



(5) the Ministry keeps records covering documents.



(6) Police released a cover of the protected documents managed by people even after the termination of the

the provision of special protection and assistance ".



10. In section 17 of the present text becomes paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(2) if there are serious grounds for it, the police, with the consent of the Minister and the

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

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

created a legend and cover documents or provide other similar

assistance.



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

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

special protection and assistance has ended, the use of the previously issued camouflage

documents or documents of real identity. ".



11. In section 19, paragraph. 2 the words "Ministry of the Interior" shall be replaced by the word

"the Ministry".



12. section 20 is repealed.



13. the fifth part of the will, including the title.



PART THE SECOND



The amendment to the law on the Organization and implementation of social security



Article. (II)



Act No. 582/1991 Coll., on the Organization and implementation of social security,

as amended by law No 590/1992 Coll., Act No. 37/1993 Coll., Act No.

160/1993 Coll., Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No.

118/1995 Coll., Act No. 160/1995 Coll., Act No. 134/1997 Coll., Act No.

306/1997 Coll., Act No. 93/1998 Coll., Act No. 222/1999 Coll., Act No.

356/1999 Coll., Act No. 360/1999 Coll., Act No. 18/2000 Coll., Act No.

29/2000 Coll., Act No. 132/2000 Coll., Act No. 133/2000 Coll., Act No.

155/2000 Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.

238/2000 Coll., Act No. 258/2000 Coll., Act No. 408/2000 Coll., Act No.

116/2001 Coll., the Act No. 353/2001 Coll., Act No. 151/2002 Coll., Act No.

263/2002 Coll., Act No. 265/2002 Coll., Act No. 309/2002 Coll., Act No.

320/2002 Coll., Act No. 518/2002 Coll., Act No. 362/2003 Coll., Act No.

424/2003 Coll., Act No. 425/2003 Coll., Act No. 453/2003 Coll., Act No.

53/2004 Coll., the Act No. 167/2004 Coll., Act No. 281/2004 Coll., Act No.

359/2004 Coll., Act No. 436/2004 Coll., Act No. 501/2004 Coll., Act No.

168/2005 Coll., Act No. 361/2005 Coll., Act No. 381/2005 Coll., Act No.

413/2005 Coll., Act No. 24/2006 Coll., Act No. 70/2006 Coll., Act No.

81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act No.

161/2006 Coll., Act No. 189/2006 Coll., Act No. 214/2006 Coll., Act No.

267/2006 Coll., Act No. 342/2006 Coll., the finding of the Constitutional Court

declared under the No 405/2006 Coll., Act No. 585/2006 Coll., Act No.

152/2007 Coll., Act No. 181/2007 Coll., the Act No. 261/2007 Coll., Act No.

270/2007 Coll., Act No. 296/2007 Coll., Act No. 305/2008 Coll., Act No.

306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.

41/2009 Coll., Act No. 158/2009 Coll., Act No. 227/2009 Coll., Act No.

303/2009 Coll., the Act No. 326/2009 Coll., Act No. 347/2010 Coll., Act No.

73/2011 Coll., the finding of the Constitutional Court declared under no 177/2011 Sb.

Act No. 180/2011 Coll., Act No. 220/2011 Coll. and Act No. 263/2011

Coll., is hereby amended as follows:



1. In section 9 (2). 1 (a). (b)), the words "and members" shall be replaced by the word ",

members of the "and the words" Office for foreign relations and information "

the words "and of the persons to whom it is granted special protection and assistance

on the basis of special legislation ^ 75), even after their

the provision of special protection and assistance ".



Footnote No. 75:



"75) Law No 137/2001 Coll., on special protection of witnesses and other persons in

connection with criminal proceedings and on the amendment of Act No 99/1963 Coll.,

Code of civil procedure, as amended, as amended

regulations. ".



2. In section 9 (2). 2, the words "and members" shall be replaced by the word ",

members of the "and the words" (hereinafter referred to as "member of the armed forces") "

the words "and of the persons to whom it is granted special protection and assistance

on the basis of special legislation ^ 75), ".



3. In section 9 (2). 2 (a). (b)), point 5 the following point 6 is added:



"6. a person who is granted special protection and assistance, on the basis of the

special legal regulation ^ 75), even after the termination of the provision of
special protection and assistance ".



Point 6 is renumbered as section 7.



4. In section 9 (2). 2 (a). (b)) point 7 of the number "5" shall be replaced by the number "6".



PART THE THIRD



Amendment of the Act on pension insurance



Article. (III)



Act No. 155/1995 Coll., on pension insurance, as amended by Act No.

134/1997 Coll., Act No. 289/1997 Coll., Act No. 218/1999 Coll., Act No.

18/2000 Coll., Act No. 118/2000 Coll., Act No. 132/2000 Coll., Act No.

220/2000 Coll., Act No. 116/2001 Coll., Act No. 188/2001 Coll., Act No.

353/2001 Coll., Act No. 198/2002 Coll., Act No. 263/2002 Coll., Act No.

264/2002 Coll., Act No. 362/2003 Coll., Act No. 424/2003 Coll., Act No.

425/2003 Coll., Act No. 85/2004 Coll., Act No. 281/2004 Coll., Act No.

359/2004 Coll., Act No. 436/2004 Coll., Act No. 562/2004 Coll., Act No.

168/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005 Coll., Act No.

24/2006 Coll., Act No. 109/2006 Coll., Act No. 189/2006 Coll., Act No.

264/2006 Coll., Act No. 267/2006 Coll., the finding of the Constitutional Court

declared under the No 405/2006 Coll., the Act No. 152/2007 Coll., Act No.

181/2007 Coll., Act No. 218/2007 Coll., the Act No. 261/2007 Coll., Act No.

296/2007 Coll., Act No. 178/2008 Coll., Act No. 305/2008 Coll., Act No.

306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.

41/2009 Coll., Act No. 108/2009 Coll., Act No. 158/2009 Coll., Act No.

303/2009 Coll., the finding of the Constitutional Court declared under no 135/2010 Sb.

Act No. 347/2010 Coll., Act No. 73/2011 Coll. and Act No. 220/2011 Sb.

is amended as follows:



1. In section 5, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter y), including footnotes, No 37:



"y) of the person to whom it is granted special protection and assistance, on the basis of the

special legal regulation ^ 37), if the authority

responsible for the provision of special protection and assistance cannot exercise

gainful employment.



37) Law No 137/2001 Coll., on special protection of witnesses and other persons in

connection with criminal proceedings and on the amendment of Act No 99/1963 Coll.,

Code of civil procedure, as amended, as amended

regulations. ".



2. In section 12, paragraph. 1, the first sentence shall be replaced by the phrase "Spare time

insurance is after 31 December 2006. December 1995 the period of participation in the insurance of persons

referred to in section 5 (3). 1 (a). m) up to u and y)); a condition for it to

This period of participation in the insurance replacement insurance period evaluated,

It is, with the exception of the period of participation in the insurance scheme under section 5 (3). 1 (a). y), that

has been obtained in the territory of the Czech Republic and that the insurance period lasted at least

one year. ".



3. In section 16. 4 at the end of the text of the letter g), the words "and y)".



PART THE FOURTH



Amendment to the criminal procedure code



Article. (IV)



Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

the text of Act No. 57/1965 Coll., the Act No. 58/1969 Coll., Act No. 149/1969

Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980

Coll., Act No. 159/1989 Coll., Act No. 172/1990 Coll., Act No. 303/1990

Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993

Coll., Act No. 292/1993 Coll., Act No. 154/1994 Coll., ruling

the Court declared under no. 214/1994 Coll., the finding of the Constitutional Court

declared under the No. 8/1995 Coll., the Act No. 152/1995 Coll., Act No.

150/1997 Coll., Act No. 209/1997 Coll., Act No. 148/1998 Coll., Act No.

166/1998 Coll., Act No. 191/1999 Coll., Act No. 29/2000 Coll., Act No.

30/2000 Coll., Act No. 227/2000 Coll., the finding of the Constitutional Court declared

under Act No. 77/2001 Coll., Act No. 143/2001 Coll., Act No. 265/2001 Coll.

the finding of the Constitutional Court declared under no 424/2001 Coll., Act No.

200/2002 Coll., Act No. 227/2002 Coll., Act No. 320/2002 Coll., Act No.

218/2003 Coll., Act No. 279/2003 Coll., Act No. 235/2004 Coll., Act No.

257/2004 Coll., Act No. 283/2004 Coll., Act No. 539/2004 Coll., Act No.

587/2004 Coll., the finding of the Constitutional Court declared under the No 45/2005 Coll.

the finding of the Constitutional Court declared under no 239/2005 Coll., Act No.

394/2005 Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll., Act No.

112/2006 Coll., Act No. 113/2006 Coll., Act No. 115/2006 Coll., Act No.

165/2006 Coll., Act No. 253/2006 Coll., Act No. 321/2006 Coll., Act No.

170/2007 Coll., Act No. 179/2007 Coll., Act No. 345/2007 Coll., the award

The Constitutional Court declared under no 90/2008 Coll., Act No. 121/2008 Coll.,

Act No. 129/2008 Coll., Act No. 135/2008 Coll., Act No. 177/2008 Coll.,

Act No. 274/2008 Coll., Act No. 301/2008 Coll., Act No. 384/2008 Coll.,

Act No. 457/2008 Coll., Act No. 480/2008 Coll., Act No. 7/2009 Sb.

Act No. 41/2009 Coll., Act No. 52/2009 Coll., Act No. 218/2009 Sb.

Act No. 272/2009 Coll., Act No. 306/2009 Coll., the finding of the Constitutional Court

declared under the No 163/2010 Coll., Act No. 197/2010 Coll., the award

The Constitutional Court declared under no 219/2010 Coll., Act No. 150/2011

Coll., Act No. 181/2011 Coll., Act No. 207/2011 Coll. and Act No.

330/2011 Coll., is hereby amended as follows:



1. In section 339 paragraph 3 reads:



"(3) for other important reasons, the Chairman of the Senate of the punishment

the work of general interest to defer for a period of not more than three months from the date of

the decision, which was the penalty saved, has acquired power.

If the reason for the postponement or interruption of enforcement of a sentence of community service

the work of providing special protection and assistance under the specific legal

Regulation, the President of the Senate shall postpone or interrupts the sentence in General

community service by the time of the termination of the provision of special protection and

help. The competent authority providing special protection and assistance without delay

It shall inform the President of the Senate on their their provision. ".



2. In Section 350b paragraph 5 is added:



"(5) If a prisoner sentenced to deportation granted supplementary protection

under special legislation ^ 4) or the special protection and assistance

under special legislation, the President of the Senate shall postpone the punishment

the expulsion for the time of the grant. On the postponement of execution of a deportation order from the

for this reason, the President of the Senate shall inform the authority competent for the granting of

additional protection under a special legal regulation ^ 4) or authority

responsible for the provision of special protection and assistance provided for in the specific

legal regulation and at the same time asks him to immediately notify

the fact that the additional protection of the prisoner disappeared or have been

withdrawn or that provide special protection and assistance was terminated. ".



PART THE FIFTH



The EFFECTIVENESS of the



Article. In



This law shall enter into force on 1 January 2005. January 2012.



Němcová in r.



Klaus r.



Nečas in r.