Act No. 348 / 2011 Coll.
Act amending Act No. 137 / 2001 Coll., on the special protection of witnesses and others in connection with criminal proceedings and amending Act No. 99 / 1963 Coll., Civil Code, as amended, as amended, and certain other laws
Valid
Law
Effective from 01.01.2012
Text versions:
01.01.2012
29.11.2011
348
THE LAW
of 26 October 2011
amending Act No. 137 / 2001 Coll., on the special protection of witnesses and other persons in connection with criminal proceedings and amending Act No. 99 / 1963 Coll., the Civil Code, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on Special Protection of Witnesses and Others in connection with criminal proceedings
Act No. 137 / 2001 Coll., on the special protection of witnesses and others in connection with criminal proceedings and amending Act No. 99 / 1963 Coll., Civil Code, as amended, as amended, Act No. 349 / 2005 Coll. and Act No. 413 / 2005 Coll., is amended as follows:
1. footnote 1 shall read:
"1) For example, § 50 of Act No. 273 / 2008 Coll., on the Police of the Czech Republic, § 55 paragraph 2 and § 209 of Act No. 141 / 1961 Coll., on the Criminal Procedure of the Court (Criminal Code), as amended."
2. Paragraph 3 (3), including footnote 4, reads as follows:
"(3) Public authorities shall, to the extent necessary to achieve the purpose of this law, cooperate with the police and the prison service in the implementation of the measures referred to in paragraph 1. In order to conceal the true identity of the protected person, the police are entitled to create a legend of another personal existence (hereinafter referred to as" the legend ") and to ensure the insertion, modification, removal, erasure or blocking of data from that legend in information systems governed by specific legislation. This information shall not be specifically labelled and shall be kept together with other personal data (4), unless otherwise specified by the police. Some of its personal data may be used to create a legend with the consent of the protected person.
4) Paragraph 5 (1) (c) of Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended. '
3. In Paragraph 4 (2), the word "facts' is replaced by" information '.
4. footnote 5:
"5) Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence, as amended."
5. In Article 7, at the end of paragraph 1, the sentence "The provision of specific protection and assistance under Article 4 (3) shall also be terminated if the Minister does not approve the proposal for it."
6. In Article 7 (2) and (3), the words "on a proposal from the police 'are deleted.
7. Paragraph 7 (4) is deleted.
8. After Article 7, the following Sections 7a and 7b are inserted:
Discontinuation of special protection and assistance
(1) The procedure for termination of the special protection and assistance provided for in Article 7 (2) and (3) is initiated on a proposal from the police.
(2) The person protected is a party to the proceedings.
(3) Documents shall be served on the parties via the police.
Decision to terminate the grant of specific protection and assistance
(1) The same copy of the written decision terminating the grant of specific protection and assistance shall be forwarded to the police without delay.
(2) The decision to terminate the grant of specific protection and assistance cannot be reviewed in the review procedure. The decision to terminate the grant of specific protection and assistance shall not be subject to any decomposition or request for renewal.
(3) The decision to terminate the grant of special protection and assistance may be brought within 15 days of the date on which it is served in accordance with the administrative rules (11). The person who has completed the special protection and assistance shall inform the police without undue delay of the application.
(4) Pending the final decision of the court on the action, the police and the prison service shall exercise the necessary measures to protect the life and health of a person who has been granted special protection and assistance.
11) Act No. 150 / 2002 Coll., Administrative Rules, as amended. '
9.
Covering documents
(1) A cover document for the purposes of this Act means a document for the purpose of concealing the true identity of a protected person or officer who provides special protection and assistance or other similar purposes.
(2) The cover document is provided or issued by the police or the Ministry of the Interior (hereinafter referred to as the Ministry) with the approval of the Minister. The cover document may also be the document of the protected person or person to whom the provision of special protection and assistance has been terminated, provided that he gives his consent.
(3) The cover document shall not include the card of a Member or Senator, a member of the Government, the Governor of the Czech National Bank, a member of the Supreme Audit Office and a judge of the Constitutional Court, a service card of a judge and a prosecutor and a document of another living or deceased person.
(4) The public authorities shall, at the request of the police or the Ministry, make changes to the information systems and issue cover documents; in so doing, in such a way as not to disclose the activities of the police or the Ministry.
(5) The Ministry shall keep a register of cover documents.
(6) The police manage the issued cover documents of protected persons even after the specific protection and assistance has been provided. '
10. In Article 17, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) If there are serious reasons for this, the police, with the consent of the Minister and the protected person, shall be entitled to continue to grant special protection and to help that person to mask his real identity, to use the legend and cover documents created or to provide him with other similar assistance.
(3) In cases of special consideration, the police may, with the agreement of the Minister, allow the protected person or person to whom the provision of special protection and assistance has been terminated to use previously issued cover documents or documents of real identity. ';
11. in Paragraph 19 (2), "Ministry of the Interior" is replaced by "Ministry."
12. Article 20 shall be deleted;
13. Part Five shall be deleted, including the title.
Amendment of the Act on the organisation and implementation of social security
Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 100 / 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, No 2006, Act No. 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No.
1. in Article 9 (1) (b), the words "and members" shall be replaced by the words "members," and after the words "Office for Foreign Relations and Information," the words "and persons to whom special protection and assistance is provided under special legislature75" shall be inserted, even after the provision of special protection and assistance has been completed, ';
footnote 75 reads:
"75) Act No. 137 / 2001 Coll., on the special protection of witnesses and other persons in connection with criminal proceedings and amending Act No. 99 / 1963 Coll., Civil Code, as amended, as amended."
2. In Article 9 (2), the words "and members' are replaced by the words", members' and after the words "(hereinafter referred to as" member of the armed forces') ', the words "and persons to whom special protection and assistance is provided under special legislation75),';
3. In Article 9 (2) (b), the following point 6 is inserted after point 5:
'6. a person who is provided with special protection and assistance under special legislation75), even after the provision of special protection and assistance has ceased, '
Point 6 is renumbered point 7.
4. In Paragraph 9 (2) (b) (7), "5 'is replaced by" 6'.
Amendment to the Pension Insurance Act
Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2004 Coll., Act No. 54 / 2004 Coll.
1. In Article 5, the dot is replaced by a comma at the end of paragraph 1 and the following point (y) is added:
'( y) persons granted special protection and assistance under special legislation37), provided that, according to the authority responsible for providing special protection and assistance, they are unable to pursue gainful activities.
37) Act No. 137 / 2001 Coll., on the special protection of witnesses and others in connection with criminal proceedings and amending Act No. 99 / 1963 Coll., Civil Code, as amended, as amended. '
2. In Paragraph 12 (1), the first sentence is replaced by the following: "Replacement period of insurance shall be after 31 December 1995 the period of participation in the insurance of persons referred to in Article 5 (1) (m) to (u) and (y); the condition for this period of participation in insurance to be assessed as a replacement period of insurance is, with the exception of the period of participation in insurance under § 5 (1) (y), that it was acquired in the Czech Republic and that the period of insurance lasted at least one year. '
3. In Article 16 (4), the words "and (y) 'shall be added at the end of the text in point (g).
Amendment to the Code of Criminal Procedure
Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 99 / 2006, Act No. 99 / 2006, Act No. 99 / 2006, Act No. 100 / 2006, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 99.
1. Paragraph 339 (3) reads as follows:
"(3) For other important reasons, the President of the Chamber may postpone the execution of the sentence of public utility work for a maximum period of three months from the date on which the decision imposing the sentence became final. If the reason for the suspension or suspension of the execution of the sentence is to grant special protection and assistance under a special legislation, the President of the Chamber shall postpone or suspend the execution of the sentence of the general service until the specific protection and assistance have ceased. The competent authority providing special protection and assistance shall immediately inform the Chairman of the Chamber of the termination of their provision. ';
2. Paragraph 350b (5) reads as follows:
"(5) Where additional protection has been granted to the sentenced to an expulsion penalty under a special legislature4) or specific protection and assistance under a specific legislation, the President of the Chamber shall postpone the enforcement of the expulsion sentence until it is granted. The President of the Chamber shall inform the authority responsible for granting additional protection under special legislation (4) or the authority responsible for providing specific protection and assistance under specific legislation, and shall ask them to notify it without delay of the fact that the additional protection of the sentenced has disappeared or has been withdrawn or that the provision of specific protection and assistance has been terminated. ';
EFFECTIVE
This Act shall take effect on 1 January 2012.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 348 / 2011 Coll., amending Act No. 137 / 2001 Coll., on the Special Protection of Witnesses and Others in connection with criminal proceedings and amending Act No. 99 / 1963 Coll., Civil Code, as amended, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.11.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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