272/2009 Sb.
LAW
of 23 December 2003. July 2009,
amending Act No. 221/1999 Coll., on professional soldiers, as amended by
amended, Act No. 143/1992 Coll., on salary and remuneration for
stand-by duty in budgetary and certain other organizations and
the institutions, in the wording of later regulations, and Act No. 141/1961 Coll. on
criminal procedure (code of criminal procedure), as amended
Change: 332/2014 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on professional soldiers
Article. (I)
Act No. 221/1999 Coll., on professional soldiers, as amended by Act No.
155/2000 Coll., Act No. 134/2002 Coll., Act No. 254/2002 Coll., Act No.
309/2002 Coll., Act No. 361/2003 Coll., Act No. 545/2005 Coll., Act No.
189/2006 Coll., Act No. 261/2007 Coll., Act No. 305/2008 Coll., Act No.
306/2008 Coll. and Act No. 479/2008 Coll., is amended as follows:
1. In article 3, paragraph 3. 1 letter c) is added:
"(c)) is not a member of a political party, political movement, the Trade Union
the organization does not support, promote or doesn't sympathize with movements that
demonstrably directed to suppression of rights and freedoms or preaches
ethnic, religious or racial hatred or resentment towards other group
people ".
2. In section 4, paragraph 4. 3, the first sentence of the following sentence "the institution is
entitled to in order to verify the integrity of the applicant's request, the criminal
copy of criminal record. "
3. In section 6 (1). 5 after the word "study" the words "or training" and
the second sentence is replaced by the phrase "training means the military preparation to
How to obtain basic military knowledge and skills necessary for the performance of
the soldier's service. ".
4. In paragraph 6, the following paragraph 7 is added:
"(7) the Government regulation for a list of the activities of the troops, established for the
the individual ratings and rank. ".
5. in section 7 paragraph 2 reads as follows:
"(2) lays down the following rating and rank:
and the chorus of men-rating) the rank of private, private first class,
(b) non-commissioned officers Corps) rating-the rank of corporal, Sergeant, staff sergeant,
c) rating-the rank of staff sergeant chorus ensigns, nadrotmistr,
Ensign, nadpraporčík, a retired Ensign,
d) rating lower-rank officers Corps Lieutenant, Lieutenant Commander,
the captain,
e) rating choir senior officers-major, Lieutenant Colonel,
the Colonel,
f) rating-the rank of generals Corps Brigadier General, major general,
Lieutenant General, Army General. ".
6. In article 7, paragraph 2, the following paragraph 3 is added:
"(3) for the troops, who are preparing for the performance of services or
training, with the exception of doctoral degree program is determined
rating of candidates with the following chorus ranks:
and private-for) the venue of the training,
(b)), corporal, Sergeant private first class-for a period of study in the military higher
vocational school and immediately downstream of the training,
(c)), a corporal, Sergeant private first class-for a period of study in military college
in the Bachelor program and immediately downstream of the training,
(d)), a corporal, private first class Sergeant, staff sergeant, staff sergeant, nadrotmistr-for
studies in military University in the master's degree program. ".
Paragraphs 3 to 9 shall be renumbered as paragraphs 4 to 10.
7. In article 8, paragraphs 1 and 2, including footnote # 1 d shall be added:
"(1) the shortest period is in the rank of service performance
and private, corporal and) Sergeant 1 year,
(b) staff sergeant, staff sergeant,) nadrotmistr and Lieutenant 2 years,
(c)), Lieutenant, Ensign captain, major and Lieutenant-Colonel for 3 years,
(d)) nadpraporčík for 4 years.
(2) in the performance of service in the rank of counts for the duration of the
In addition to the period of employment of a soldier under section 10(4) of the disposition. 4 and the time
parental leave, with the exception of parental leave, after which the
a soldier provides maternity benefit according to a special legal
Regulation ^ 1 d).
1 d) Act No. 187/2006 Coll., on sickness insurance, as amended
regulations. ".
8. In article 8, paragraph 3 is deleted.
Paragraphs 4 and 5 shall become paragraphs 3 and 4.
9. in section 10, the following new section 10a, including title and notes
line no. 4a is added:
"§ 10a
Special disposition
In a special disposition shall be determined by a soldier, who is a member of the military
the news, if it requires an important interest of the service. A soldier designated by
in a special layout has a similar status as the national intelligence
the services of the Security Corps, assigned to a special backup under the law on
the staff members of security forces ^ 4a). The soldier who
It is designed in a special disposition, with the provisions of this Act shall apply
adequately.
4A) of section 31 of Act No. 361/2003 Coll., on the service of members of the
security forces. ".
10. in section 19 para. 1 at the end of the text of the letter i), the words "or
encourages, promotes or sympathize with movements, which can be identified
directed to suppression of rights and freedoms or preaches national,
religious or racial hatred or hatred against another group of people ".
11. In article 19, paragraph 1, the following paragraph (2), including
footnote # 9b:
"(2) in the case of a reduction in the age limit for entitlement to an old-age
pension under a special legal regulation ^ 9b) the President may, or
the Minister, on application of a soldier decide, in accordance with the needs of
the armed forces of the remaining soldier in the prison service after reaching
This age limit, at least until retirement age according to the
special legal regulation ^ 7). When making a decision shall also take into account the
the skill of the soldier, created in the course of his employment, his
the moral characteristics, health status and to its participation in the international
operations.
9B) section 74 of the Act No 155/1995 Coll., on pension insurance, as amended by
Law No. 289/1997 ".
The former paragraph 2 becomes paragraph 3.
12. section 31, including the title reads as follows:
the "section 31
Intensive military training
(1) Intensive military training means a continuous sequence of
training activities that take place for more than 30 hours and
less than 48 hours.
(2) the period of intensive military training is included in the total
the basic weekly services. After a period of intensive military training
the provisions on breaks in service shall not apply. ".
13. under section 31, the following new section 31a to 31 c, including headings and
footnotes # 10a and 10b are inserted:
"§ 31a
Continuous military training
(1) a continuous military training means a continuous sequence of
training activities, which take place at least 48 hours.
(2) for a period of continuous military training, the provisions of the basic
weekly services, on service held over the basic weekly services
a continuous rest between services and continuous weekly rest
and during the breaks in the service shall not be used.
Section 31b
Continuous military deployment on the territory of the Czech Republic
(1) a 24-hour military deployment on the territory of the Czech Republic is the time
the performance of the service when carrying out the tasks of the armed forces under a special
^ law 10a).
(2) if the period does not exceed the continuous military deployment on the territory of the
The United States 48 hours, does the overall base weekly
the period of service. Exceeds the period of continuous military deployment on the
48 hours in the Czech Republic, the provisions on basic the weekly time
the service, held above the basic weekly services
continuous rest between services and continuous weekly rest and
during the breaks in the service shall not apply.
section 31 c
Provisions common to intensive military training, continuous
military training and continuous military deployment on the territory of the United
of the Republic of
(1) the time of commencement and completion of the intensive military training,
continuous military training and continuous military deployment on the
the territory of the Czech Republic lays down the institution.
(2) a supervisor shall, at the time referred to in paragraph 1 identify a soldier
reasonable period of time for meals and rest and a place of rest.
(3) for every completed 48 hours of continuous military training
or continuous military deployment on the territory of the Czech Republic has
soldier entitled to 8.5 hours of leave at a time that would have otherwise held
the service.
(4) during the period of leave referred to in paragraph 3, the salary do not truncate. Time off is a business
authority shall grant without delay, at the latest within 3 months from the end
continuous military training or continuous military deployment
on the territory of the Czech Republic. For a period of continuous service performance
military training and continuous military deployment on the territory of the United
the Republic lasted 48 hours and longer does not belong to the supplement for a soldier
night work, extra pay for work on Saturdays and Sundays, salary, and replacement
time off for overtime, extra pay for a split shift pay or compensatory
time off for work on public holidays and remuneration for stand-by duty in accordance with
special legal regulation of ^ 10b).
10A) Act No. 219/1999 Coll., on the armed forces of the United States, in the
as amended.
10B) Act No. 143/1992 Coll., on salary and remuneration for stand-by duty in
the budget and certain other organisations and bodies, as amended by
amended. ".
14. in § 40 paragraph 1 reads:
' (1) at the soldiers, who held the service abroad, subject to the provisions
of this Act, unless the context otherwise requires. ".
15. In article 40, paragraph 4 shall be deleted.
16. in paragraph 40, the following new section 40a, which including the title and notes
line no. 12a is inserted:
"§ 40a
Foreign operations
(1) foreign operations means the performance of a service outside the territory of the United
Republic, during which the soldier carries out the tasks of the armed forces according to the
special legal regulation ^ 12a).
(2) for a period of secondment to foreign operations holds the soldier business
obligations according to the classification in the task groups, or individually.
(3) the task group means a temporary grouping of military units,
units, their parts or individual soldiers under the command of established
the Commander, which is built to perform a specific operation, or
meet a specific task and that does not have a permanent organizational structure.
The Commander of the task force towards soldiers has the position of the staff regulations of the authority.
(4) if so required by the terms of foreign operations, is Commander of the task force
grouping required to use the provisions concerning the basic weekly services
the service held over the basic weekly services, on a continuous
rest periods between services and continuous weekly rest period and the
breaks in service. If required by circumstances or practices in place
foreign operations, the Task Force Commander is allowed to set the
a soldier's reasonable restrictions. The Commander of the task force is obliged to
time for which are laid down in the conditions of service and the difficult times
rest, secure the soldier a reasonable time for meals and rest and
to determine the place of rest.
(5) for a period of secondment to foreign operations, holidays and leave
provide only if conditions permit a foreign operation.
12A) § 10 para. 1 and 2 of Act No. 219/1999 Coll., on the armed forces
The Czech Republic, as amended by Act No. 545/2005 Coll. ".
17. in paragraph 48, the dot at the end of paragraph 1 is replaced by a comma and the following
letter h) and (i)), which read as follows:
"not to misuse the h) in your favor or in favor of other persons information
obtained in the performance of the service and not to accept gifts or other unauthorized
benefits in connection with the performance of the service,
(I) without delay notify the parent) criminal proceedings against their
person and inform him of the progress and termination of the criminal proceedings. ".
18. In article 59 paragraph 2. 3, the words "in units of multinational armed
forces abroad "shall be replaced by the words" in international operations ".
19. in section 66 paragraph 1. 2, after the words "preventive" the words "or
the extraordinary "and the words" time off for military service 24/7
training "shall be replaced by the words" time off for military training and 24 x 7
continuous military deployment on the territory of the Czech Republic. "
20. In article 67, the following paragraph 4 is added:
"(4) a soldier assigned to the specific disposition is entitled to a salary according to the
the activities carried out by him in this present. ".
21. in § 92 para. 1, after the words "to prevent" the words "or
the extraordinary ".
22. in paragraph 97, the following new section 97a, which including the title reads as follows:
"§ 97a
Emergency rehabilitation
(1) the soldier who held the service in foreign operation for at least
90 days, the emergency rehabilitation may be granted for a duration of 14
calendar days in a calendar year to the consolidation of the State of health.
(2) the emergency rehabilitation is granted at the request of a soldier to
started by no later than 30 calendar days from the date of return from the
foreign operations.
(3) when the overlapping claim to the special rehabilitation and preventive
rehabilitation in the same calendar year, provide the soldier only
preventive rehabilitation. When overlapping the extraordinary rehabilitation and claim
on a special holiday in the same calendar year shall be granted to a soldier
only the emergency rehabilitation.
(4) an emergency rehabilitation organizes and costs shall be borne by
Ministry. ".
23. in § 120 paragraph 1. 2, after the words "or property," the words "in the
the performance of the specific tasks in the activities under a special legal
prescription ^ 35) ".
24. In § 120 paragraph 1. 3, the words "in units of multinational armed
forces abroad "shall be replaced by the words" in international operations ".
25. section 124, including the title reads as follows:
"§ 124
One-time compensation survivors
(1) it is for one-time compensation to the surviving spouse and surviving dependants
a child who is entitled to an orphan's pension from the pension insurance
deceased, each in the amount of $240, 000. One-time compensation
surviving in the aggregate amount of CZK 240 on the parents of the deceased belongs
a soldier if they lived in the same household; compensation in the
It is for the same amount, even in the case that the deceased soldier lived in
common household only one parent.
(2) the Government may, in view of the changes that occurred in the development of the salary
the level of soldiers and a cost of living increase the amounts referred to in regulation
paragraph 1. ".
26. in paragraph 125 of paragraph 1. 1 the words "eight times the minimum wage. ^ 17)"
is replaced by ' 120 000. ".
27. in section 127 at the end of the text of paragraph 3, the words "shall be added; This is
also applies to the reimbursement of the costs for survivors ".
28. in paragraph 143 of paragraph 1. 6, the number "4" is replaced by "5".
29. in paragraph 143, paragraph 7, insert a new paragraph 8, which including
footnote # 42 c, 42d and 42e:
"(8) on the výsluhové Essentials does not qualify a soldier, against which is on the date of
termination of employment pursuant to section 18 (a). and on the day of release), or from the
of employment pursuant to section 19 para. 1 (b). k) criminal proceedings for
an intentional criminal act. On the výsluhové Essentials does not qualify whether or not the person
referred to in the first sentence, if it has been finally sentenced to jail
imprisonment, or has been finally decided on conditional
stop its prosecution of ^ 42 c), or has been legally
decided to approve an out-of-court settlement ^ 42d), or has been finally decided
the conditional postponement of the submission of the proposal to punish ^ 42e). If the criminal
proceedings be terminated other than by a final decision under the second sentence, the
the date of receipt of the notification of the former soldier about final completion of the criminal
the competent authority of the Department of management initiated proceedings on the application for
výsluhové essentials. It meets the former soldier entitled to výsluhové
requirements, he shall be paid retroactively from the date of termination of employment.
If the soldier died before the end of the criminal proceedings, shall grant and
amounts due from the end of the service to the date of the death of a soldier is gradually
the wife (husband), children and parents if they lived with a soldier at the time of
death in the household. The condition of living in a common household
may not be true for children who are entitled to an orphan's pension
deceased.
42 c) § 307 code of criminal procedure.
42D) § 309 criminal procedure.
42E) § 179g code of criminal procedure ".
Paragraphs 8 to 11 shall become paragraphs 9 to 12.
Footnote # 42 c is referred to as a footnote
No 42f, and including a reference to a footnote.
30. Part nine including the title reads as follows:
"PART NINE
DECISION-MAKING IN MATTERS OF EMPLOYMENT
TITLE I OF THE
GENERAL PROVISIONS
§ 144
Unless otherwise provided by this Act, shall apply to proceedings relating to the staff regulations
the ratio of administrative code, except sections 10 to 12, section 14, part of the second title XI and
§ 175.
§ 145
In proceedings relating to the service shall be decided by
and) changing the duration of employment,
(b) interruption of employment,)
c) compensation under this Act,
(d) the discharge from employment),
e) withdrawal of the rank,
f) cancellation of the service during the trial period,
g) entitlement to the allowance when you move,
(h)) the right to housing benefit, if the soldier with the amount of or with
failure to provide the addition, or by stopping its payouts,
I) time service for výsluhovými security arrangements and for the social
security, if the soldier with the declared time
j) failure, withdrawal or reduction of compensation in the amount of the salary according to the
the provisions of § 68 para. 4 and 5,
to the soldier about his) requests to remain in service in accordance with § 19 para.
2.
§ 146
Administration and assignment submission
(1) a participant may make the administration of the staff of the authority.
(2) if the business is not the competent authority to the decision in the case, is obliged to
to proceed without delay to the competent authority of the administration staff and to notify the
the participant.
TITLE II
THE PROCEDURE FOR WITHDRAWAL OF THE RANK
§ 147
If the staff of the authority I know this state of things, of which there are reasonable grounds for
doubt, to the extent that is necessary for the issuance of the decision,
may issue a decision to withdraw the rank without the prior proceedings.
§ 148
The decision to revoke the rank may be issued within 6 months from the date when the
the authorized institution of the conduct referred to in section 21 para. 1 learn
not later than 1 year after the date on which this action took place.
TITLE III
A REVIEW OF THE DECISION OF THE
§ 149
The appellate body
The appellate body shall issue a decision on the appeal without undue
delay, but not later than 90 days from the date of filing the appeal.
§ 150
The appeal against the decision issued pursuant to § 145 (b). d) to (f))
suspensory effect.
§ 151
A review of the decision of the courts
A proposal for the review of the decision of the institution by a court may be made
within 30 days of the effective date of the decision.
§ 152
After the demise of the service management
In proceedings relating to the service shall be treated as part of the ninth
This Act even if the service of the soldier.
TITLE IV
SOLUTION REQUESTS AND COMPLAINTS
§ 153
A request or complaint of a soldier
(1) a soldier may lodge in matters of enforcement services and matters of official
relations under this Act a request or complaint. A request or complaint
the soldier is given in writing to the supervisor or the staff of the authority.
(2) a request or complaint shall be handled according to the contents of a soldier's parent
soldier or official authority. The complaint must not be handled by the parent of a soldier
or the institution against which the complaint is made; It handles
the parent of the parent or the parent institution of the
the staff regulations of the authority against which it is directed.
(3) a request or complaint by a soldier must be settled within 30 days
from the date of its submission. The complaint must be a soldier in this period
shall be so informed. Deadline may be exceeded only if it cannot be
the course to ensure the documents required for execution of the request or complaint.
(4) if the complaint is found to be substantiated or partially substantiated, is
a supervisor or business authority shall, without delay, take the necessary
measures to remedy the situation. On the outcome of the investigation and the measures taken to remedy the
shall record the files; the soldier will be notified only if the
asked.
(5) If a soldier for having submitted a complaint to the competent
Manager or institution has not been properly executed, it may request
the parent institution, so that přešetřil way of handling complaints.
(6) if the soldier repeated the complaint, it is necessary to examine whether the original
complaint has been properly processed, and on the outcome of a soldier.
Do not include the other complaints of a soldier in the same case, new facts,
institution it does not deal with. This fact must be a soldier
shall be informed. '.
31. section 154 to 158, including footnote No. 45 shall be deleted.
32. In § 165 paragraph. 7, the words "in paragraph 7 shall be replaced by" in paragraph
6. "
Article. (II)
Transitional provisions
1. A soldier that is included in the use of the Congregation and appointed to the rank of
pursuant to § 7 para. 2 (a). c) to (f)) of Act No. 221/1999 Coll., as amended by
effective until the date of entry into force of this law, shall be classified in
use of the chorus and it must rank pursuant to § 7 para. 2 (a). a) to
e) Act No. 221/1999 Coll., in the version in force from the date of entry into force of
This Act, on January 1. January 1, 2011, according to the activities provided for in
an implementing Regulation (§ 6 paragraph 7 of Act No. 221/1999 Coll., on
the version in force from the date of entry into force of this Act).
2. the soldier who is included in the use of the Congregation and appointed to the rank of
pursuant to § 7 para. 2 (a). a) and b) of Act No. 221/1999 Coll., as amended by
effective until the date of entry into force of this Act, pursuant to § 7 para. 3
Act No. 221/1999 Coll., in the version in force from the date of entry into force of
This Act, on January 1. January 2011 added to the use of the choir
waiting lists and it must rank
and maybe, if she studies) in the first year of military training
If you did not close the school or study first-year military high
school in a Bachelor or master study programme,
b) corporal if he ended the first edition of military colleges
or completed his studies in the first year of the military high school in
Bachelor's or master's degree program,
c) Sergeant, where he completed his second year of military colleges or
He graduated from the second year of the military high school in the Bachelor
or master's degree program,
(d)) staff sergeant, where he graduated from the third edition of the military high school in
Master's degree programme,
e) staff sergeant, where he graduated from the fourth year the military high
the school master's degree program,
(f)) nadrotmistr, where he graduated from the fifth year of the military high
the school master's degree program.
3. A soldier that is on the day of entry into force of this Act, in the present
According to § 10 para. 2 (a). and) and § 10 para. 3 of Act No. 221/1999 Coll. and
which has rank
and it is for the rank of sergeant-major) acting-Constable,
(b) it is for the rank of staff sergeant) corporal
(c)) nadrotmistr, for the rank of Sergeant,
(d)), the rank of staff sergeant staff-sergeant-major,
(e)), it is for the rank of wo2 staff sergeant,
(f)), the rank of Ensign nadrotmistr,
g) nadpraporčík, the rank of Ensign,
(h)), it is for the rank of Ensign's staff-nadpraporčík,
and it is for the rank of Lieutenant Junior grade) to Lieutenant.
The other soldiers, it is for the rank obtained in accordance with the existing laws,
regulations.
4. the period of service with the rank of under § 7 para. 2 Act No. 221/1999
Coll., in the version in force until the date of entry into force of this Act,
included in the performance of services in the rank according to § 7 (2). 2 of law No.
221/1999 Coll., in the version in force from the date of entry into force of this Act.
5. Soldiers posted abroad within the units of the multinational
the armed forces, pursuant to section 40 of the Act No. 221/1999 Coll., in the version in force in
the effective date of this Act, shall be construed as the soldiers posted to the
foreign operations under section 40a of the Act No. 221/1999 Coll., as amended effective
from the date of entry into force of this Act.
6. One-time compensation to survivors according to § 124 and disposable
extraordinary compensation for survivors pursuant to § 125 of Act No. 221/1999 Coll., on
the version in force until the date of entry into force of this law, which has not been
a final decision to the date of entry into force of this law, shall be
under section 124 and 125 of the Act No. 221/1999 Coll., in the version in force from the date of
entry into force of this Act.
7. proceedings in matters of employment pursuant to section 144 to 158 of Act No.
221/1999 Coll., in the version in force until the date of entry into force of this Act,
that was initiated before the date of entry into force of this Act,
completed pursuant to Act No. 221/1999 Coll., in the version in force before the date of application
the effectiveness of this Act.
Article. (III)
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 221/1999 Coll., on professional soldiers, as is apparent from later
laws.
PART TWO
cancelled
Article. (IV)
cancelled
PART THREE
Amendment to the criminal procedure code
Article. In
Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
amended by Act No. 59/1965 Coll., 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. 175/1990 Coll., Act No. 303/1990
Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993
Coll., Act No. 293/1993 Coll., Act No. 154/1994 Coll., constitutional
the Court declared under no. 214/1994 Coll., Constitutional Court
declared under the No. 8/1995 Coll., 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 Constitutional Court declared
under Act No. 77/2001 Coll., Act No. 143/2001 Coll., Act No. 265/2001 Coll.
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., Constitutional Court declared under no. 45/2005 Coll.
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. 115/2006 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 Coll.,
Act No. 41/2009 Coll. and Act No. 52/2009 Coll., is amended as follows:
1. In article 12 paragraph 2. 2, the third sentence is replaced by the phrase "the same position have
in proceedings for offences to the competent authorities of members of the armed forces
The military police, in proceedings relating to crimes members of the prison
the services of the United States, the competent authorities in the
offences of members of the security information service, in charge of
the authorities of the security information service, in proceedings for offences
members of the Office for foreign relations and information, the competent authorities
The Office for foreign relations and information and in proceedings for offences
members of the military intelligence, in charge of the military authorities
News. ".
2. In section 158b para. 1, after the words "police," the
the words "in the case of the Department of military intelligence, its Director,".
3. In article 161, paragraph 3 reads:
"(3) the investigation of crimes committed by members of the police
The United States, members of the military police, members of the Security
information services, members of the Office for foreign relations and information
or members of the military intelligence State Prosecutor; in doing so,
progresses appropriately according to the provisions governing the procedure of the police
who had the authority of the investigation; the provisions on the consent of the Prosecutor,
that is a must for the implementation of the Act will not apply to the police authority. When
criminal investigations of members of the police of the Czech Republic,
members of the military police, members of the security information
the service, members of the Office for foreign relations and information, or
members of the military intelligence, the State Prosecutor may request the
the authorities referred to in § 12 para. 2 within their scope of application of the measures
individual evidence or running an individual act of investigation, about
in the taking of evidence or the implementation of the Act, for the investigation
presentation of the person or under the terms of § 62 para. 1 service of documents.
This authority is obliged to comply swiftly with the public prosecutor. ".
4. In paragraph 161, paragraph 4 reads:
"(4) subject to the conditions of section 20 (2). 1 State Prosecutor investigations
pursuant to paragraph 3 and against those who are not members of the spoluobviněným
Police of the Czech Republic, members of the military police, members of the
Security information service, members of the Office for foreign relations
and information or members of military intelligence; the provisions of § 23
This does not prejudice. ".
5. § 179a para 3 reads as follows:
"(3) the crimes of members of the police of the Czech Republic,
members of the military police, members of the security information
the service, members of the Office for foreign relations and information, or
members of the military intelligence held an abbreviated preparatory proceedings
State representative; the provisions of § 161 para. 3 and 4 apply mutatis mutandis here. ".
PART FOUR
The EFFECTIVENESS of the
Article. (VI)
This Act shall take effect on the first day of the second calendar month
following the date of its publication, with the exception of the provisions of article. I, points 3
up to 8 and 10(1). IV, point 1, which will become effective on 1 January 2004. January 1, 2011, and with the
the exception of part three, which shall take effect on 1 January 2000. January 1, 2010.
in z. Němcová in r.
Klaus r.
Fischer v. r.
