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Amendment Of The Act On Municipal Police Force And Amending Some Other Acts

Original Language Title: změna zákona o obecní policii a o změně některých dalších zákonů

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311/2002 Sb.



LAW



of 13 October. June 2002,



amending Act No. 553/1991 Coll. on the municipal police, as amended by

amended, and on amendments to certain other laws



Change: 436/2004 Sb.



Change: 264/2006 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on municipal police



Article. (I)



Act No. 553/1991 Coll. on the municipal police, as amended by Act No. 67/1993

Coll., Act No. 166/1993 Coll., Act No. 83/1995 Coll., Act No. 152/1995

Coll. and Act No. 132/2000 is amended as follows:



1. in article 1, paragraph 1 reads:



"(1) municipal police is the institution of the municipality that establishes and repealed municipal

the City Government generally binding Decree. ".



2. In article 1 (1). 2 at the end of the sentence the following words: "and carry out other

tasks, if provided for under this Act or the special ".



3. In paragraph 1, the following paragraph 6 is added:



"(6) municipal police may, on the basis of a contract governed by public law (section 3a)

carry out the tasks under this or a special Act on the territory of the other

municipalities or communes, which are Contracting Parties to this Treaty. '.



4. In section 2 paragraph 1 reads:



"(1) municipal police in ensuring local public affairs

order and carrying out other duties under this or any other Act, in particular:



and) contributes to the protection and safety of persons and property,



(b)) supervises the observance of the rules of civil coexistence,



(c)) to the extent provided by this contributor or another law on the safety of

and the flow of traffic on the road,



d) reveals the infractions and other administrative offences,



e) warns of natural and legal persons for violations of generally binding

legislation and takes measures to remedy the situation. ".



5. in article 2, paragraphs 2 and 3, including the footnote No 6) to 8)

be deleted and paragraph 1 shall be deleted.



6. In section 3, paragraph 3 shall be deleted.



7. in section 3, the following new paragraph 3a, including footnote # 7)

added:



' section 3a



(1) the municipality or town, which has a municipal police may enter into with

other municipalities in the same higher local government unit (region)

the municipal police has set up, a public contract on the basis of the

the municipal police of the municipality to carry out the tasks laid down in this or in a special

the law on the territory of the municipality or municipalities, the municipal police has, and are

the Contracting Parties to this agreement.



(2) a contract governed by public law referred to in paragraph 1 requires for its validity

consent of the regional office. Of consent is decided by the regional office in

by the administrative procedure by a special Act.



(3) a public contract referred to in paragraph 1 shall contain



and municipalities) the designation of the Contracting Parties,



b) determine the extent of tasks under this or a special Act, which will be

municipal police exercise within the territory of the municipality or municipalities that municipal police

has and which are Contracting Parties to this agreement, as well as the date from

the municipal police these tasks to perform,



c) method of payment of costs associated with the performance of the tasks referred to in point (b)).



(4) General conditions for the conclusion, validity, amendment and cancellation

public service contract disputes of public contracts and

the method of publication is governed by legislation for public

the Treaty in matters of municipal establishment. ^ 7)



(5) a municipal police established and is party to

public service contracts referred to in paragraph 1, the second Deputy of the municipality

the Contracting Parties to this Treaty, which proves the written authorization

the legitimacy of the exercise of jurisdiction in its territory.



7) § 66 c to 66e Act No. 128/2000 Coll., on municipalities (municipal establishment), in

amended by Act No. 312/2002 Coll. ".



8. In section 4, paragraph 4. 6 at the end of the paragraph the following sentence: "the municipality is

required within 15 days of termination of employment the officer report

This fact to the authority which issued the certificate. ".



9. in paragraph 4, the following new paragraph 4a and 4b, which including the following titles:



"§ 4a



Integrity



(1) the integral is not a citizen,



a) has been convicted for an intentional criminal act, if

to it under special legislation or decisions of the President

the Republic does not look as if he has been convicted,



(b)) which has been in the last 5 years, been convicted of a crime

committed through negligence, if his acts to which he committed the crime

the Act is in conflict with the Mission of the officer under this Act.



(2) Integrity demonstrated by jobseeker officer presentation

extract from the register of criminal penalties, which may not be older than 3 months, and in the case of

the needs of the presentation of the relevant judgment.



§ 4b



The reliability of the



(1) a reliable is not a citizen, who has been in the last 5 years is stored

penalties for the offence or an administrative offence, if his actions,

who committed the offence or an administrative offence, is in contradiction with the

the Mission of the officer under this Act.



(2) Reliability demonstrated by the job seeker an honorary officer

the statement must not be older than 3 months. The policeman shows

the reliability of a sworn declaration to the 31. December of the calendar year.



(3) the officer is obliged to the employer within 30 days from the legal

the decision, which was finally found guilty of committing

offence or other administrative offense, to announce this fact.



(4) the affidavit referred to in paragraph 2, in which the candidate admits

Finally a saved penalty for an administrative offence, or a notification under

paragraph 3, include the legal name of the administrative offense and description

acts to which the offence was committed. ".



10. in § 5 para. 3, the word "Department" shall be replaced by "the authority which

issuing the certificate ".



11. in § 5 para. 6 the words "and withdrawing".



12. in section 9 is at the end of paragraph 1 the following sentence: "If the

the policeman his authority in the territory of the municipality which is a Contracting Party to

public service contracts in accordance with § 3a, proof on request also

the mandate of this village; during the procedure, which does not tolerate delay, so

as soon as the nature and circumstances of the procedure. ".



13. in paragraph 11 (1) 1 at the end of the paragraph, the words "or submit

the necessary documents ".



14. under section 11 is added to § 11a is inserted:



"§ 11a



(1) municipal police is carrying out its functions under this Act,

shall be entitled to require from the competent authorities of their information systems

provision of data



and) on wanted and missing persons,



(b)) on stolen motor vehicles and stolen registration

brands of motor vehicles,



(c) the identity of the operator of a motor) or of the trailer,

that was in the territory of the municipality committed the offense,



(d)) about dogs, entered by the specific provisions for fee Manager

from the dog, their owners and the payment of fees to the extent of the dog

to the extent necessary to carry out checks on compliance with generally binding decrees of the village

about the local charge of the dogs,



e) authorisations for the specific use of road infrastructure on the territory of the

the village,



f) authorisations for the specific use of the public open space in the village in

to the extent necessary to carry out checks on compliance with generally binding

Ordinance of the municipality about the local charges for the use of public spaces,



(g)) about the person who is registered in the land register as the owner of

real estate property situated within the territory of the municipality, and about whether a particular

a plot of land on the territory of the municipality is in land registered as a green in the

buildings or other greenery.



(2) the requested authority that the required data in your information system

leads, is the municipal police is obliged to provide, if it does not prevent the

performance or compliance with the obligations under the specific legislation.



(3) if the information referred to in paragraph 1 the nature of personal data,

the requested authority shall provide it only to the extent strictly necessary to

identification of the persons referred to in § 12 para. 1. ".



15. § 12 para. 2 the words "in a credible manner."



16. in § 12 para. 2 at the end of paragraph (d) is replaced by a comma and dot)

the following point (e)), f) and (g)), which read as follows:



"e) at the request of another person, if that person has to determine the identity of the

legal interest



f) in the case of a person who is asking for proof of identity under subparagraph (e)),



g) in the case of a person who announces the suspicion of a criminal offence,

offence or other administrative offense. ".



17. in section 13 paragraph 1 reads:



"(1) an Officer is entitled to show to the police person who refused to

to meet the challenge to prove your identity pursuant to § 12 para. 2 or

can't even after the granting of the necessary synergy officer his identity

show. ".



18. in § 13 para. 2, the words "as well as the person who matches the description

people search by the police, unless this person satisfy their

the identity of ' shall be deleted.



19. section 17b including footnotes # 15b and 15 c)) shall be deleted.



20. in section 18 para. 2, after the words "(a). (e)) "shall be inserted after the words" f) and

(g)). "



21. in section 24, the following new section 24a and 24b shall be inserted:



"§ 24a



(1) municipal police processes personal data it needs to perform

tasks under this or the Special Act.



(2) municipal police provides personal data referred to in paragraph 1 to the police,

authorities of municipalities and other public authorities, if this is necessary for the performance

their tasks.



(3) municipal police at least once every 3 years, examines if the personal


the data processed in accordance with paragraph 1 needed to carry out its tasks

under this or a special Act. If it detects that these data are not

necessary for the performance of its duties under this Act, or the Special

carried out without undue delay to their disposal.



(4) the provisions of legislation governing the protection of personal data

are not affected.



section 24b



(1) municipal police is entitled to, if it is necessary for the performance of its

tasks under this or another Act, to capture the sound, image, or

other records of the places open to the public, where sound,

image or other record of the course of a procedure or task.



(2) if the records referred to in paragraph 1 established the Permanent

automated technical systems, the municipal police shall information about

the establishment of such systems in an appropriate manner publicly available. ".



22. under section 26 the following new section 26a, which reads as follows:



"§ 26a



(1) If a municipality shall establish a municipal police or cancels it, this

the fact the Ministry in writing within 15 days from the date of adoption of this

decision.



(2) the municipality shall, on request in writing to the Ministry without undue delay

an indication of the number of their municipal police officers, who have a valid

certificate. ".



23. section 28 is added:



"section 28



When the suspension of the certificate of the officer and withdrawing certificates

under this Act shall proceed according to the code of administrative procedure. ".



Article II



Transitional provision



The one who is on 1. January 2003, an employee of the municipality in the municipal

the police shall, within 6 months from that date, present to the employer

the documents required under Act No. 553/1991 Coll. on the municipal police, in

the text of the article. (I) this Act, to demonstrate integrity and reliability.



PART TWO



cancelled



Article. (III)



cancelled



PART THREE



Changing the law on misdemeanors



Article IV



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., Act No. 62/2002 Coll., Act No.

78/2002 Coll., Act No. 218/2002 Coll., Act No. 259/2002 Coll. and Act No.

285/2002 is amended as follows:



1. in section 21 para. 1 at the end of the dot is replaced by a comma and the following

the letter j) is added:



"j) intentionally in a place accessible to the public to wear the uniform of illegally

municipal police officer or such components, which are

to be a uniform completely interchangeable, although there is no police, or

misappropriates the vehicle colour or markings

used on motor vehicles of the municipal police, or special

colour and markings with it apparently assimilated. ".



2. in section 21 para. 2 the words "h) to (i))" shall be replaced by "h) to (j))".



3. In article 86 is replaced with a comma at the end of a period and the following subparagraph (d)),

added:



"d) municipal police infractions, which is in the competence of the municipality

and offences against public administration committed by



1. unauthorized garage vehicles on the local road, or its section,

According to the regulation of the village that can be use to standing room only at a price agreed in the

accordance with the pricing provisions and subject to conditions laid down in this

by regulation,



2. prodáním, administration or other allowing the ingestion of an alcoholic drink

the person obviously affected by the alcoholic beverage or other addictive substance

or a person under the age of 18 years,



3. selling tobacco products to persons under 18 years of age,



4. illegal garage and stopping the vehicle on the road,

the entrance to the places where it is a local or temporary modification of traffic on

road traffic is prohibited, violation of the rules of driving on animals,

leadership and the pursuit of animals on the road, the movement of pedestrians on the ground

contrary to the rules of the communication traffic on the roads,

illegal use of skis, roller skates and similar

resources on the sidewalk and the illegal bike or riding guidance

on the contrary to the rules of use on the road. ".



PART FOUR



Amendment of the Act on municipalities



Article. In



Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by Act No.

273/2001 Coll., Act No. 320/2001 Coll. and Act No. 450/2001, is amended

as follows:



1. in article 15, paragraph 2. 3, the following shall be added at the end of "a municipal police".



2. in article 15, paragraph 4 shall be deleted.



PART FIVE



Amendment of the Act on the capital city of Prague



Čl.VI



Act No. 133/2000 Coll., on the capital city of Prague, as amended by Act No.

145/2001 Coll., Act No. 273/2001 Coll., Act No. 320/2001 Coll. and act

No 450/2001 is amended as follows:



1. In article 1 (1). 4, the conjunction "and" is replaced by a comma and the following shall be added at the end

the words "and the Metropolitan Police of the capital city of Prague".



2. In article 59 paragraph 2. 2 the letter q) the words "as an organizational

folder ".



PART SIX



cancelled



Article. (VII)



cancelled



PART SEVEN



Amendment of the Act on road safety



Article. (VIII)



Act No. 361/2000 Coll. on road safety and on changes

certain acts, as amended by law No 60/2001 Coll., Act No. 478/2001

Coll. and Act No. 62/2002 is amended as follows:



1. in paragraph 10 of the text at the end of paragraph 2 the following words: "and the municipal

the police under a special legal regulation ^ 14a) ".



Footnote 14a):



"14a) Decree No. 88/1996 Coll., implementing the law on municipal

Police. ".



2. In § 45 para. 4, after the words "police officer", the words "or corrections officer

municipal police ".



3. In section 67 para. 4, after the words "shall be decided by the police officer" shall be replaced

"the constable or municipal police".



4. In paragraph 75, the following paragraph 8 is added:



"(8) a municipal police Officer is entitled to guide the operation of the guidelines on the

road traffic in the event that it is necessary for restoring the

safety and traffic flow, and if there is no traffic control

provided by the police or in cahoots with the police. When directing traffic

the policeman used the instructions laid down for traffic management officers. ".



5. § 79 paragraph 2. 1 letter c) is added:



"c) municipal police constable in uniform



1. before moving the pedestrian crossing to ensure the safe crossing of persons

If the situation on the transition or State preceding people requires



2. If the driver is suspected of having committed an offence against the

safety and traffic flow, to the discussion of the

block control is the municipal police may, under a special law, ".



6. In section 128 paragraph 1. 3, the words ", or the military police" shall be replaced by ",

The military police or municipal police ".



PART EIGHT



The EFFECTIVENESS of the



Article. (IX)



This Act shall take effect on 1 January 2000. January 1, 2003.



Klaus r.



Havel, v. r.



in the financial times in the r..