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Footnotes:
1) It should be said here that also Prague Criminological Institution significantly contributed to the detection of crimes, mainly by facilitating expert’s opinions, survey reports and inspections on the scene of the crime. (they prepared a total number of 9,252 expertise).
2) The total amount of values the police got back, including the things originating from crimes or things used to commit crimes, or the things acquired from crimes and finally the things that were used to cover the harm done.
3) By the Decision of the Constitutional Court No. 186/97 two provisions of the Act No. 283/91 Coll., on the Czech police was abolished as of 1st July 1998. Those provisions allowed the police to attach offenders in accordance with this Act. After abolishment of the above stated provisions, offenders have to be searched in larger extent after the case is submitted to the investigator on the basis of the Code of Criminal Procedure.
4) The Ministry of Interior initiated at the Ministry of Justice the modification of CSFR decree No. 464/91 Coll., under which the amount of CZK 2,000 is considered to be the lowest monthly salary for the purposes of the Criminal Code.
5) The detailed analyses of re-socialisation programmes for sentenced persons is contained in the document called ”The Crime Prevention Strategy in the Czech Republic up to 2000” – education of sentenced people including the option to get a certificate of apprenticeship or a preliminary certificate, group sessions, psychotherapy etc. Drug monitoring continued. 20 % of persons coming to prisons are either directly addicted to drugs or they at least abuse narcotics from time to time.
6) The more detailed analysis is included in Future Criminal Policy and Prison Service Development Conception (1999). The Government approach to this issue is reflected in the bill of amendment of the Criminal Code and the Code of Criminal Procedure. The Government introduced a bill of probationary service before Parliament and prepares a bill on judicial system for young people. In the second half of 2000 the Minister of Justice will submit to the Government the report on meeting system measures taken in the prison service and criminal policy in terms of prison service reform as well as the report on fulfilment of recommendation of the European committee to prevent torture and inhuman or humiliating treatment or barbarous punishment.
7) As of 31st December 1999 there were officially 228,862 foreigners in the Czech Republic holding a permanent residency permit or long-term residency permit (+8,675, +3.9 %).
8) The Czech Government adopted on 6th October 1999 resolution No.1032 related to the Proposal of Systematic Approach to the Care of Child and Juvenile Delinquents.
9) MEYS published in co-operation with the Embassy of the USA and the Embassy of Great Britain book ”Teachers Against Drugs” – a programme of preventive activities applied at schools and training centres presents a number of topics, practical approaches and the best practises. Furthermore, MEYS published a methodology for teachers ”Principles of Effective Primary Prevention”. Issues relating to the prevention of abuse of narcotics are analysed in full details in the Report on Conditions and Development of Drug Issues in 1999.
10) A prepared bill on judicial system for young people will comprehensively deal with issues of state and other organisation approach in prevention of delinquency of youth and selection of corrective measures, and only in the extreme situation punishment will be used.
11) The Public Prosecutor’s Office developed a Special report on assessment of effectiveness of current legal regulations relating to the cruelty committed on children.
12) Since the Czech Intelligence Service submits to the Government its own reports, the delinquency of CIS members is not included in this document.
13) The State Prosecutor’s Office has produced a Special report containing an evaluation of information on crimes of by members of the Czech police.
14) Military police in co-operation with special services of the Czech police and the Ministry of Defence departments participated in examining and verifying information on qualified crimes against property and economic offences within the responsibility of the Ministry of Defence. A special group was
15) The doctors of garrison surgeries were trained. The amendment to Defence Act introduces systematic preparation of the members of conscription committees in co-operation with the District Offices, which will be targeted to anti-drug prevention. 56 preventative measures were taken to detect drugs with the help of MP dogs. All issues relating to prevention of sociopathic phenomena in military organisation are in full details described in Prevention Crime Strategy up to 2000.
16) On 15th October 1999 the Czech Republic signed the European Convention on Indemnification of Victims of Crimes agreed on in Strasbourg on 24th November 1993. This Convention was discussed and approved by Parliament in February 2000.
The State Prosecutor’s Office produced a Special Report on assessment of efficiency of current legal regulations concerning violence on women and children.
17) Category ”groups of persons” enables to determine only the total number of persons in groups, but it is not possible to differentiate the numbers of men and women. In the total numbers of male and female categories those persons are not included.
18) The data below are based on the following researches: ”Security Risks in 1999” (J. Buriánek, UNIVERSITAS, the Ministry of Interior grant). 1361 people 14 and more years old were interviewed, and 900 people took part in the additional public inquiry concerning the issues of home violence. The research was held in May 1999, thus the data apply to 1998 and the beginning of 1999. ”Public’s Attitude to Crime and Relative Social Deprivation” (J. Buriánek, the Faculty of Arts, Charles University, grant GAÈR No. 403/98/0395 – the data were gathered in November 1998, thus it contains data for the period of 1997-1998. 1719 people above 15 participated in this research. The author performed the similar research in 1995 and the data are used as well.
19) The following are most frequently mentioned crimes: other larger theft, wilful crimes against property, burglary, a car theft, petty street larceny and pickpockets.
20) Buriánek, J., researches from 1999, 1998, and 1995.
21) Buriánek, J.: Public and Crime in the Czech Republic: Development Trends. Sociológia 32/2000. The research for example proved the relation between an extent of people’s concerns and watching the certain type of TV news. (This applies particularly to people, who watch Nova TV)
22) Real proportions are somewhere shifted: e.g. in 1998, the big concern of car owners reached 51%, while the concern of men relating to sexual crimes was negligible.
23) J. Buriánek: “Current Trends in Public’s Attitude to Crime”. Signal information from the research “1999 Security Risks” – see Annex.
24) J. Buriánek. Public and Crime in the Czech Republic: Development Trends. Sociológia 32/2000.
25) Co-operation of Ministries involved into the Integrated system of culture heritage movable protection continued. The government by its resolution No. 849 from 16th December 1998 took cognisance of the Report on fulfilment of the Government resolution No. 285 from 9th May 1996 related to the system of protection of the Czech culture heritage movable and ordered involved Ministries and institutions to continue in implementation of this system.
26) The Czech police – the Department for Corruption Disclosure and Serious Economic Crimes (hereinafter DCDSEC) in compliance with its statute concentrates especially on detection of criminal activities in the area of economic interests of the country, when offenders try to penetrate the government structures and control economic procedures with the aim to legalise financial sources coming from crime, including their future re-investing to a crime and legal or illegal economy.
27) The State Prosecutor’s Office produced several special reports relating to the actual results of the action entitled ”Clean Hands” and to the co-operation with special departments of the Czech police established for detection of serious financial crime, and also to prosecution of insurance frauds (Sec. 250 of the Criminal Code) and credit frauds (Sec. 250 (b) of the Criminal Code).
28) Especially in terms of obligation to report crimes in accordance with Sec. 8 par.1 of the second sentence of the Criminal Code (in connection to Sec. 24 par. 5 (b) to (d) of the Act No. 337/1992 Coll., Administration of Taxes Act as amended), but also in terms of obligation according to Sec. 8 par. 2 of the Criminal Code (in connection with Art, 24 par. 5 (b) of the Administration of Taxes Law).
29) The criminal proceeding bodies to proceed legally according to the rules contained in the Criminal Code have to instead of efficient prosecution of economic crime in a number of cases get the relevant documents for the lawyers representing ”injured companies” or entrepreneurs so that they could collect the claims of their clients. Under the normal circumstances the lawyers would have to get the documents themselves and for their own money. Here we are talking about a number of purposeful complaints against the customers who have not paid the invoices or have not settled their receivables. Efficiency of prosecution is minimal in such cases, since the criminal law cannot be panacea for all negative phenomena of the economic life of the society (respect for penal suppression and application of the rule ”in dubio pro libertate”).
30) The third annual conference held in Prague dealt with the global issues of money laundering. The efficient measures should have a legal framework – relevant laws against money laundering, property sequestration, practical co-operation of all involved countries. The access of criminal investigation and customs authorities to the bank accounts and other documents, which have subject to secrecy so far, is very important.
31) Amendment to Act No. 61/1996 Coll., on some measures taken to prevent legalisation of the income from crimes and amendments of relating Acts suggest an option for FAU to get from tax authorities all information concerning tax proceedings, to provide tax administrators some suggestions and this amendment introduces the term a suspicious transaction instead of an unusual transaction.
The provisions on legal restrictions of cash payments are being prepared.
32) The establishment of the Financial Police would in the opinion of the Ministry of Finance help decrease tax curtailment also in stand sale (at market places).
33) The Government approved resolution No.1030 from 6th October 1999 concerning the proposal to solve issues of tax curtailment of selected products both exported and imported.
34) The corruption issues are analysed in full detail in the Government Programme of the Struggle Against Corruption (The Government approved this programme by resolution No. 125 on 17th February 1999).
Insufficient legal regulations relating to the registration with the Commercial Register and Land Register might be the reason for latent corruption when dealing with officers of the Land Register and Commercial Register.
By adoption of the new law on financial inspection in public administration (a bill was submitted to Czech Parliament) we can expect the higher quality of financial inspection.
The amendment of Income Taxes Act contains the rule that the bribes cannot be deducted from the tax base. The amendment of Accounting Act contains not only the stricter sanctions but it also prohibits the businesses to open any accounts out of ledgers set up by the law to record items out of ledgers, and sets up the obligation to prepare a receipt on each accounting item. The amendment of Audit Law and the Chamber of Auditors institutes expressively the obligation of the auditor to inform the management and internal audit of the relevant company on any indications of bribery provided such indications have been determined within the audit.
OECD Convention to fight bribery of foreign public officials in international business transactions (Paris, on 17th December 1997) was validated and it will come into effect in the Czech Republic on 21st March 2000.
On 15th October 1999, the Czech Republic signed the Criminal-law Convention of the European Council on Corruption agreed on in Strasbourg on 27th January 1999. This Convention was discussed and approved by Parliament in February 2000.
The Report on newly taken measures against corruption (and other serious economic offences and organised crimes) Abroad contains the data relating to the development of fighting against corruption and organised crime on the inter-governmental level and options to use some methods also in the Czech Republic. The Minister of Interior submitted the report as a factsheet document for the Government members.
35) A new contact telephone line was established as one of the steps in the struggle against corruption in the customs administration. 29 pieces of information has been received, 8 of them are being investigated. The majority of them related to the border crossings, the issues concerning weighting and clearance speed. 60 notifications on the line of the Ministry of Interior related to the Czech police, 12 of them could be identified as the police corruption (e.g. the policemen covered the trade in stolen cars, they took a bribe while investigating a traffic misdemeanours, and they were bribed in examining new drivers.) The other pieces of information concerned mainly the police failure to act, their inadequate behaviour, incorrect or too long investigation, etc.
36) a) “The Information System of Intellectual Property” project offers apart from other things the practical assistance to pursue intellectual property rights including measures introduced at the borders. It also effectively helps combat forged and pirate goods in the area of industrial property rights. b) The Patent Office published the full national database of the trademarks on the INTERNET. It also provides the police with the required evidences. c) Involved institutions apart from other things prepared for the mass media staff and for the representatives of other organisations information seminar relating to the above-mentioned issues.
The Ministry of Interior currently assesses how the tasks contained in the Concept of the Struggle Against Intellectual Property Crime are met Generally saying - the issues were presented in mass media, the police retraining focused on intellectual property was implemented, there are special focused courses held in some Secondary Police School and Police Academy has developed training courses, methodological manuals and research tasks. The proposal for a type project was developed. The project focuses on holding preventive security actions and analysis of police information needs in this area. The analysis of crime in terms of information technology and Internet should be finished.
37) The Ministry of Culture prepared a bill on copyright and the rights relating to copyright and revisions of some other Acts (Copyright Act) - this bill was adopted by Parliament in March 2000 – copyright in the Czech Republic will be in compliance with the EU legislation and the international agreements. The higher protection of intellectual property rights is expected. The law also extends the period of protection and renews protection of works and other objects for the remaining period. It also contains the protection of rights of new copyright bearers, for example the producers of video and audio recordings, who were not protected under the valid legal provisions. The new law regulates also technical protection of the works and electronic information, etc.
In April 2000 Parliament adopted the Act that changes some laws concerning protection of industrial rights.
Also some other adopted acts and proposed bills contain also protection of intellectual property rights, e.g. Act no. 191/1999 Coll., which proposes specific measures concerning import, export and re-export of goods violating some intellectual property rights and revisions of some other Acts (it came into effect on 1st December 1999).
Above mentioned amendments and acts relating to intellectual property rights contain a key provision under which the goods that violated the relevant rights can be confiscated or destroyed.
he inter-ministerial Committee was established under the Ministry of Industry and Trade (MIT). The aim of this Committee is to subdue illegal actions against intellectual property rights. This Committee was established in compliance with the Government resolution No. 330 from 14th April 1999 and it was invested with co-ordination and initiation powers in adopting legislation and taking measures needed to deepen protection and observance of intellectual property rights in the Czech Republic.
38) MIT produced a bill, which will revise the Act No. 64/1986 Coll., on the Czech Commercial Inspection, as amended, which apart from other provisions, includes prohibition on deceiving a consumer by offering and selling products and goods violating the intellectual property rights, and it also suggests the extension of powers for supervision bodies. In 1999, the officers of the Czech Commercial Inspection detected 522 cases of deceiving customers, particularly those were the products violating trademark rights, the administrative proceedings on fine imposing commenced in 190 cases, 260 cases were referred by CCI to the police.
Currently there are negotiations on the actual structure of the unified information system among the bodies operating in this field.
39) The Ministry of Environment in co-operation with the Ministry of Justice prepared the bill of amendment to the Criminal Code that reflects the requirements of the CITIES Convention, Biodiversity Conventions, Basle Conventions and others.
The Act concerning prevention of serious breakdowns caused by selected dangerous chemical substances and preparations has been adopted.
The customs offices are important partners of the Ministry of Environment, especially in detection of violation of customs regulations concerning the protection of flora and fauna.
40) The Ministry of Interior is currently preparing the analysis of the environmental issues, which should bring the suggestions for actual measures.
41) The State Prosecutor’s Office developed the documents concerning the results of ”Clean Hands”.
42) See also Chapter ”Organised Crimes” for activities of criminal organisations including crimes of violence.
43) We do not differentiate the crimes committed with a legally or illegally owned weapons since the crimes where the police were not able to detect if the weapon was legally owned are included among the crimes committed with a legally owned weapon.
44) Better protection of Czech Post Office staff and property had positive results. Introduction of safety boxes for transportation of cash and their bringing up-to-date will continue. Technical security of post offices will be extended.
45) The Czech police statistics recording system only records those fires which they have ascertained to be crimes (this concerns fires reported to police, or where ”well-founded suspicions” that a crime has been committed are ascertained), which is the reason for the discrepancy with the data from the Fire Brigade, which records all fires.
46) As street crime offenders are mostly young people, the training advisory centres are devising preventative programmes for graffiti, rowdyism, etc. in co-operation with the Czech police, municipal police and the social prevention departments at district and municipal authorities.
47) The security situation in the railway transport is regularly discussed in the international organisation of European railway police and railway companies COLPOFER.
Ministry of Transport and Communications establish an inter-ministerial committee with the aim to increase railway transport safety.
48) The Amendment to the Act on Railways that was included to the Collection of Laws under the no, 23/2000 regulates the stay of the persons in the territory of the railways.
49) Under the term of extremism it is understood verbal, written, physical and other activities usually underlined with clear ideological or other context, which are pursued by individuals or groups of persons whose views do not correspond to the generally accepted social standards and they show clear elements of intolerance, mainly racial, national, religious or other similar intolerance which attacks the democratic principles, social life, health, property or public peace (see basic explanation of terms in the former reports approved by the Czech Government). Extremism is more or less a politological not ideological term, which describes anti-system attitude and cannot be mistaken for the terms such as “terrorist”, “criminal” etc. Extremism is a generally used term for extremely pointed and for democratic system hostile attitudes, views, and ideologies, which create the background of destructive activities. Such activities, intentions or phenomena, which destructively influence – directly or indirectly – the current political and economic systems (democracy) should be considered undesirable or even dangerous. In other words, they try to replace the democratic system by an antagonistic system (totalitarian regime, dictatorship, anarchy). Their aim or consequence is disruption or destruction of the current system or subordination of society to one ideology or its bearers. Also such activities that use inadequate, i.e. illegal or subversive practices, to implement legitimate aims (e.g. partial change of the political or economic decision), can be sometimes called extremist. ”Report on the proceedings of the state authorities in prosecuting crimes motivated by racism and xenophobia or committed by supporters of extremist groups and on the activities of extremist groups in the Czech Republic in 1999”, will contain detailed information on crime having extremist nature. The above-mentioned Report will be submitted by the Minister of Interior in co-operation with the Minister of Justice by 30th June 2000 in compliance with Government resolution No. 192/1998, resolution No. 720 from 14th July 1999, and the Government plan for the 1st half of 2000 (non-legislative tasks).
50) The discrimination restrictions are established and penalised within the responsibility of the Ministry of Industry and Trade. These are not expressly crimes in the field of trade and services (in accordance with Sec. 6 of the Act number 634/1992 Coll., on protection of consumers). The Czech Commercial Inspection examined 62 complaints in a service sector (in 1998 65 complaints) 22 of them were complaints concerning racial discrimination.
51) Based on the information of the Supreme State Prosecutor’s Office.
52) The measures the objective of which is permanent strengthening of prosecution and prevention of offences having extremist nature are the priority contained in the Annex to the Government resolution No. 720/1999. To meet these measures the Minister of Interior co-operates with the Czech Security Information Executive Director, Minister of Justice, Minister of Foreign Affairs, Minister of Labour and Social Affairs, Minister of Education, Youth and Sports, the Supreme State Prosecutor and with the representatives of other state bodies. The tasks contained in the above mentioned Annex were met on an ongoing basis and effectiveness of the taken measures will be assessed in the ”Report –extremism”, which will be submitted to the Government by the Minister of Interior in co-operation with the Minister of Justice by 30th June 2000.
The Ministry of Interior and the Czech police adopted new internal management procedures in 1999. (The Minister of Interior Order No. 33, the Police Investigation Bureau Executive Director’s Order No. 1 and Binding Order of the Police President No. 70). In compliance with the Government resolution No. 789/1999 attention was paid to the publications of civil associations such as the Patriotic Front, the Castist National Front and the National Alliance. The government approved by its resolution No. 1154 from 1st November 1999 information on measures taken against the movements directed to suppress rights and freedom of the citizens. The Minister of Interior tabled this information in compliance with the above-mentioned resolution No. 789.
Parliament discussed the ”Report” on 9th November 1999 and adopted resolution No. 581/1999 by which asked the Minister of Interior, the Minister of Education, Youth and Sports, the Minister of Labour and Social Affairs, the Minister of Defence and the Minister of Foreign Affairs to submit by 31st January 2000 all Government resolutions, including information on intradepartmental tasks, covering needed measures laid down in the above mentioned ”Report”. The task was co-ordinated by the Minister of Interior and results of the mentioned departments will be included in the ”1999 Report”.
The State Prosecutor’s Office developed a special report concerning the crimes motivated by racial and national intolerance committed from 1st January to 30th June 1999.
On 6th October 1999 the Government take cognisance of the document of the Ministry of Foreign Affairs “The Policy of the Czech Republic in Relation to the International (European) Dimension of the Roma Community Issues (evaluation information).
By resolution no. 796 from 28th July 1999 the Government agreed with the declaration of the Czech Republic in compliance with Article 14 of the International Convention on Removal of All Forms of Racial Discrimination. The 3rd period report on meeting the obligations of the Convention on Removal of All Forms of Racial Discrimination was submitted on 10th December 1999. This report was prepared by Human Rights Council of the Government of the Czech Republic in compliance with the Government resolution No. 809 from 9th December 1998.
53) Decree No. 337/1999 Coll. amends NSO decree No. 12/1999 Coll., on Technical Security of Official Secrets and Technical Means Certification. This amendment removes duplicity of the NSO decree No. 258/1998 Coll., on Premises Security. The changes in marking of technical means will be made. The applications for certificates will be modified.
Decree No. 338/1999 Coll. amends NSO decree No. 244/1998 Coll., on details on determining and designating the degree of security and on procedures for creating, recording, transferring, lending, storing and other handling and shredding classified documents. The filing of the classified documents in “safety boxes” will be modified.
NSO decree No. 339/1999 Coll., on Premises Security, introduces the security risk analysis in terms of a possible threat.
54) The situation in 2000 may be affected by the new immigration law and by other laws related to these issues of migration. The new laws contain the tools to solve problems occurred in recent years.
55) One of the measures that restrict illegal migration is obligation for the citizens of some countries to have a visa. (The Czech Government approved resolution No. 843 from 25th August 1999 ”The Concept of the Visa Policy of the Czech Republic”. This resolution reflects security and economic aspects as well as foreign policy issues including the accession of the Czech Republic to the EU).
56) The decline of illegal migration across the borders is only relative because the situation in Kosovo got quiet, and therefore the numbers of fugitives from this region essentially decreased. In 1997 the fugitives from Yugoslavia accounted for 12 % of all fugitives, in 1998 nearly 36 % and in 1999 less than 9 %.
57) Adoption of the Amendment to the Act No. 1/1991 Coll., on Employment was very important. This Act stipulates the business entities, which could act as employers, and clarifies the criteria for work permits for foreigners, etc.. The Ministry of Industry and Trade issued an order, which co-ordinates state bodies involved into the inspection of businesses established by foreigners for the only purpose - to avoid the rules of the Labour Office relating to the employment of foreigners.
58) The Ministry of Industry and Trade instigated extraordinary inspection focused on business activities of ordinary partnership companies established by foreigners under the Trades Licensing Act. The results are being evaluated (the final results should be known by the end of June 2000). However, even now it is clear that serious deficiencies were determined at 30% businesses, and it is not possible to contact nearly 20 % businesses (they do not use the registered seat or they do not collect their official correspondence). The solution might be the amendment to the Commercial Code, which would make the establishment of public corporations more difficult.
59) In compliance with the resolution of VS OSC No.53/111 from 9th December 1998 there have been a meeting of UN ad hoc committee for the preparation of the Convention Against an Organised Crime. The objective of the meeting is to propose the principal text of the Convention (the following issues are included: money laundering, corruption, confiscation of illegal income, mutual legal assistance, protection of witnesses and others). Two other international documents, which are focused on trade in women and children and illegal trafficking of fugitives, including their transportation, and on illegal trade in firearms, their parts, components and ammunition are being prepared.
Since 1999 there have been regular meetings of the Ministers of Interior of the Czech Republic, Hungary, Poland, Austria and Slovakia. The Minister of Interior initiated another meeting that was held in autumn 1999. The objective of this meeting was to co-ordinate procedures in solving the issues of migration, protection of the country borders and fight against organised crimes. Under the sponsorship of the Ministers of Interior the expert groups were established. These groups are involved in the fight against particular kinds of crime. This sort of co-operation will be developed also in the future.
60) Under terrorism we usually understand preparation and commitment of serious crimes, use of violence or threat by violence with the aim to raise fear and to reach political, religious or ideological objectives. It is defined by means used – bomb attacks, letter bombs, hostage taking, murders, kidnappings, etc. In 1999 Parliament was tabled “Convention on terrorist bomb attacks suppression” (adopted by the UN in 1997). In December 1999 the UN General Assembly adopted “Convention against terrorism financing”. The Czech Republic is ready to adopt also this Convention.
61) The customs authorities significantly participate in detection crimes in this area.
62) In the last year a number of ministries participated in the capaign against the trade in people implemented by International Migration Organisation (e.g. through the Ministry of Labour and Social Affairs and its Employment Service Administration information for potential victioms – mainly young girls – was distributed.)
63) “The Annual Report on Drug Condition and Development in 1999” contains detailed analysis of the Anti-Drug Committee of the Czech Government Office. Other information are to be found in the Supreme State Prosecutor’s Office report on important facts relating to the application of the Criminal Code amendment No. 112/1998, in particular application Sec. 187 of the Criminal Code.
64) To date legal arrangements of criminal proceedings do not enable the state bodies to adequately respond to increasing number of crimes, since the criminal proceedings are complex, in some parts even duplicate. The main changes involve: symplifying and hastening criminal proceedings at all stages, making proceedings before court more important than preparatory proceedings, improving the position of the State Prosecutor. The speed of criminal proceedings in the Czech Republic is unsatisfactory on a long-term basis. The draft amendment covers also wider punishment of economic crimes.
65) The draft decree of the Ministry of Interior by which the methods for determining combustibility and oxidising features of chemical substances and materials.
The draft decree of the Ministry of Interior by which the Decree No. 228/1995 Coll. is being amended which sets financial amount needed to cover costs of foreigner’s residence in the Czech Republic and his/her departure.
The draft decree of the ministry of Interior by which it the technical conditions of fire, smoke and fire-smoke resistant door are determined.
The draft decree of the Ministry of Interior on technical conditions of fire technology.
The draft decree of the Ministry of Interior on common means of fire protection.
The draft decree of the Ministry of Interior by which the requirements and numbers of photographs required under the Act on Foreigners´ Residence.
These drafts decrees were adopted in 1999 and published in the Collection of Laws under numbers 85, 116, 202, 254, 25,5 and 368.
The draft decree of the Ministry of Interior on compensation of expenses provided to the members of the Czech police in relation to their service.
The draft is being discussed in the Government legislative bodies.
The draft decree of the Ministry of Interior, by which some provisions of Act No. 186/1992 Coll. as amended on employment of the members of the Czech police are implemented.
The draft decree of the Ministry of Interior on special allowances required for the duty service of the members of the Czech police.
The draft decree of the Ministry of Interior which determines some conditions of fire safety of some operations where there is a threat of fires.
The draft decree of the Ministry of Interior, by which some provisions of Act on citizens’and birth numbers´records are implemented.
The draft decree of the Ministry of Interior by which some provisions of Act on identity cards are implemented.
The draft decree of the Ministry of Interior, by which some provisions of Act on travel documents and on revisions to Act No. 283/1991 Coll., on the Czech police as amended are implemented (Act of Travel Documents).
The draft decree of the Ministry of Interior, which stipulates the details on development, approval, and utilisation of the emergency district plan and external emergency plan (published in the Collection of Laws under the number 25/2000).
The draft decree of the Ministry of Interior, which determines the conditions for connection and operation of equipment for monitoring of telecommunications operations in compliance with special regulations.
The above stated drafts are currently elaborated on different levels and it is supposed that they will be finished in 2000.
66) The Minister of Interior will submit in April 2000 the Detailed report of meeting the tasks from the Crime Prevention Strategy up to year 2000.
67) The Ministry of Interior is responsible for the activities of the Republic Committee for the Prevention of Crime. It is particularly responsible for conceptual, initiative and methodological activities in development of preventative programmes at the local level and for administration of the sate subsidy system, which is established to help to the cities implementing CCP.
68) By a special regulation of the Minister of Interior an amount of CZK 10 mil. can be used to solve the situation in the area of Matièní street in Ústí nad Labem
69) The Ministry of Interior will implement three projects: Fighting against Economic Crime, Preparation for Practical Implementation of Schengen Agreements, Strengthening Institutions Against Organised Crime. The first technical and training materials were developed by the end of 1999.
70) The Agreement between the Czech Government and the Government of Kazakhstan on co-operation to combat organised crime, illegal trade in narcotic and psychotropic substances, terrorism and other dangerous kinds of crimes signed on 9th April 1998 came into force on 20th August 1999.
71)In addition to the above stated documents the following multilateral agreements that can also relate to the security issues, have been discussed:
72)The Agreement signed between the Ministry of Interior and the Ministry of Foreign Affairs came into force on 21st July 1998.
73) In particular there are: the Expert Committee for evaluation of measures aimed at money laundering, the European Committee for Migration (CDMG), the European Council - migration issues, the Centre for information, its research and exchange of asylum information (CIREA within the EU, the International Migration Organisation (IOM), The European Council Committee for crime problems (CDPC), the Expert Committee on the tasks of public prosecution in the system of criminal justice UNHCR, the UN Office of the High Commissioner for Refugees, the OECD/PUMA Committee, the Standing Czech – Polish Border Committee, the Standing Czech-Slovak Border Committee, the Standing Czech – Austrian Border Committee, and the Standing Czech – German Border Committee, the Joint Czech-Slovak Task Force Group for protection and usage of water supply, the Czech –Austrian, Czech – German and Czech-Polish Committees for Border Waters, the Czech – German Committee for Environmental Co-operation.
74) Military force legislation enables to a certain extent flexibly ensure participation of the Ministry of Defence in solution of possible crisis situations in internal security. In April 1999 the Situation Centre was established. This Centre is able to ensure fast and timely assistance, if any critical event occurs.
75) The Agreement on Co-operation (intellectual property right violation) between the Ministry of Industry and Trade, the Czech Commercial Inspection, the Czech police, the Ministry of Interior, the Patent Office. The Ministry of Culture joined the Agreement in 1999.
76) By resolution No. 399/1998 the Government determined the Czech police and Ministry of Interior number of staff for 1999. The total number is 66,040 persons.
77) About one third of investigators should be lawyers under the relevant Act, another one third should be other university graduates – about 66% of investigators possess university education.
78) In 1999 the team comprising of the professionals from the relevant departments of the Ministry of Interior and the Czech police Presidium and experienced policemen was established. This expert team started to solve the mentioned issues in co-operation with the experts nominated by the EU within the above stated project. The Project is supervised by the Steering Committee headed by the Minister of Interior and the Police President.
79) Every policemen in a direct service duty was obliged to participate in service training involving 120 hours in the course of 1999. The policemen were also obliged to take part in shooting and physical training tests and tests in using coercive means. The basic training of policemen in the direct service duty was followed by a special training in a range of specialised services and departments.
80) During the last year 184 instructors were qualified and received a relevant certificate on attending a professional course. 40 courses were held for the instructors in 1999 in which 461 persons participated.
81) With regards to this co-operation and within the projects of Hanns Seedily Foundation, Phare programme and Central European Police Academy 24 foreign delegations with the total number of 168 participants were welcome and 37 foreigner business trips took place. 190 employees and students of secondary police schools and human resource and training department officers participated in such business trips. It was mainly co-operation with Germany, France, Canada, Hungary, Austria, the Netherlands, Finland and Slovakia.
82) In compliance with Czech Government resolution No. 841/1999 to the Summary Report on preparation to EU membership in the ministries and central bodies the internal regulation is prepared. This regulation sets further qualification requirements for performance of manager positions. The Ministry of Interior Staff join the courses dealing with the topics of the EU which are held outside the Ministry, e.g. EUROPEUM programmes and JURIDIKUM training courses which are facilitated by Charles University.
83)The total expenses of the Czech police were CZK 21,352,520,191, of which CZK 9,829,578,743 were used for policeman salaries and CZK 1,712,334,520 for other staff salaries. The average monthly pay of a policeman was CZK 18,532. The Czech police costs are net of expenses for the central purchases performed by the Ministry of Interior.
The total expenses of the Fire Rescue Brigade Headquarters were CZK 611,091,627 , of which CZK 50,365,767 were used for staff salaries. The average monthly salary of civil employees was CZK 17,710. Non-investment subsidies of the Fire Rescue Brigade and Voluntary Fire Rescue Brigades amounted to CZK 3,386,.580 of which CZK 1,769,722 thousand were used for salaries with the average salary of CZK 18,453.
84) In 1999 the projects of grants and draft agreements with the citizens working in the field of fire safety and IRS were developed. The further mobilisation reserves for the Czech Fire Rescue Brigade were created to solve critical and extraordinary situations, the Czech-Polish committee continued working, the District Offices were directed in terms of legal regulation tasks, course ”Reconstruction of Basic Enterprise Functions Planning” was held with the Canadian trainers.
85) The Ministry of Interior ensured professional training for the group of 17 members of the Integrated System of Albania, fireman training for the international searching and rescue teams INSARAG, an officer of the Czech Fire Rescue Brigade Headquarters was sent to one-year study to Brussels.
The requirement for more simple way of approving the radio operations for IRS was discussed. Within the co-operation of the Ministry of Interior Departments, Matra Nortel Communications and Pramacom Prague the Task Force Committee was established. This committee will gather the requirements for the system in terms of the Czech Fire Rescue Brigade and IRS. Pegas system will be tested within a pilot project by the IS in Benešov district. The coverage of 97% is supposed to be finished by the end of 2001 for the vehicle radio stations.
Administration offices at all levels (down to the district level) were involved in international exercise HEXAGRANT 99, which verified the readiness of participating states to solve other than military crisis situations. At the turn of 1999 - 2000 the Operation Centre of the Ministry of Interior represented the contact point with the Euro-Atlantic Co-ordination Centre for assistance in NATO disasters with the seat in Brussels in case Y2K problem occurred.
86)The Government legislative plan imposes upon the Ministry of Interior 22 legislative tasks (3 Draft factual intents, 8 bills and 11 draft government orders), 13 of which relate to internal security (1 Draft factual intent, 5 bills and 7 draft government orders). Furthermore, in the plan for the 1st half of 2000 there are 29 draft decrees, 20 of which relate in a certain extent of internal security. It is altogether 30 draft legal regulations relating to internal security.
87)The new Act will eliminate discrepancies in accordance with the Constitution and international treaties (including the Europole Agreement, the Schengen Agreements, etc.). The police organisation structure will be comprehensively tackled in the Act. Such solutions will enable not only flexible response to changing security situation but also legal petrifaction of the fundamental police organisation structures, which will increase legal certainty. (These provisions relate mainly to those police departments, which operate as administration offices and which will be managed directly by the relevant Act in compliance with Art. 79 of the Constitution).
The way of organisation incorporation of the police and the police management will be solved comprehensively so that is functional. The discrepancies and obstacles to the efficient police management, which are currently caused by unclear and ambiguous reporting relations of the police and the Ministry of Interior, will be removed. The role of the Government, the Minister and the Ministry in the police management will be described more clearly.
The new approach will remove all discrepancies in the defined competence of the police. Currently the police tasks are defined by a long list that is not very flexible solution (the police have to fulfil some inevitable tasks without having unambiguous legal provisions based on the extensive interpretation of law). The list misses systematic and logical correctness since competence and powers of the police are mixed.
A new standard will reflect the demands made on the Czech Republic in connection with its inclusion to the European structures. It will take into account the need of international co-operation, enable better mutual exchange of information, create space for some so far impossible processes and procedures (e.g. monitoring over the borders, checks of persons crossing the state border on the train on the territory of the neighbouring country, etc.).
The description of the police powers will be different and more precise, special attention will be paid to a clear description of the most invasive intervention to the fundamental human rights. Based on the analysis of current police power application, the new provisions will reflect practical requirements; the more precise wording will mean the higher legal safety of people. The new police power definitions will improve efficiency of police work and will enhance protection against abuse of authority or unauthorised infringements of fundamental rights. New police authorities will be implemented (especially in gathering information), the powers which the police currently perform without appropriate legal authorisation will be sufficiently described, and on the other hand the authorisations which are not needed today, will be limited or abolished.
Some procedures the absence of which is unbearable will be modified, above all the comprehensive treatment of personal data and information. This modification is a key prerequisite of the future accession to the Schengen Information System and it will be based on international agreements and recommendations and it will possess parameters strictly required by the Schengen Agreements.
The attention is paid to improvement of the police image. The new Act will not describe the police as a purely repressive body, but their preventative and assistance roles will be emphasised. For example the assistance duty of a policeman, i.e. the obligation of a policeman to provide necessary, adequate help to anybody who needs it for protection of his/her interests.
The system of detection and clarification of illegal policeman acting and dealing with complaints towards the police will be newly drafted to address public requirements.
In relation to prepared amendment of the Code of Criminal Procedure there will be modifications to the field of investigation. The current Investigation Bureau will be merged with criminal service to one criminal and investigation police department. An investigation process will be brought nearer to the operative investigation police sections, thus the preparatory criminal proceedings will be faster and more efficient (also as a consequence of other modifications included in the amendment). The prepared police Act will generally determine the parts of the police departments related to investigations. Provided it is necessary the Minister of Interior will be able to determine also other police departments for investigations.
In the Human Resource management field there will a new procedure of hiring new policemen. The Ministry will pursue more women and minority and ethnic group representatives in hiring process. Police training will concentrate on the fight against extremism, racism, xenophobia and other violation of human rights utilising foreign experiences (mainly from the EU countries). A comprehensive system, both vertical and horizontal, of professional police training will be created. A new Act on Czech police Service Relationship (and service of other security service members), which is being prepared together with the Czech police Act, relates also to this issue.
88) The conception of the preventative policy at inter-ministerial level and its actual implementation at local levels was facilitated through the Crime Prevention Republic Committee. The Ministry of Interior is responsible for its performance.
89) To determine the reasons and conditions of crime is very hard and is principally the focus of criminology, which relates to other disciplines, above all sociology, psychology, pedagogy, statistics, and criminal-law science. The causes can be explained in two ways: the first emphasises the importance of biological factor (heredity, physical condition, personality structure), the second factor is of social nature – the background environment (family, peers, media, etc.) (There is a range of approaches and theories regarding the causes of crime – the account presented here is a cross-section of the spectrum and is a generalisation rather than a particular direction. It must be emphasised that the factors mentioned do not work in isolation, but cumulatively. It would therefore be misleading to specify which one is decisive.) Therefore to determine, which is a key factor would be misleading. The crime development is connected with social control rate, which decreases with higher density of inhabitants and with large conurbation.
90) J. Buriánek, researches in 1999, 1998, and 1995 – see Chapter 2.4 Crime Victims.
91) The objective of the Central Analytical System is to gather and analyse information gained by the police in their fight against crime. The system should help in better co-ordination between the Czech police departments. The input for intelligence services is also possible.
92) The Czech Republic visa conception was approved by the Government resolution No. 843 from 25th August 1999. This conception contained also the schedule according to which the Czech Government will be submitted proposals for repudiation of non-visa agreements with the relevant countries.
93) “The security risks, which may threaten the Czech Republic are different. Their origin and influence penetrate civilisation, social, political, military, economic, and environmental areas, but also crimes and organised crimes.”
94) Although the results of victimological research reveal fear concerning burglaries (into flats or family houses) we have not included this area among 1999 security risks as the number of such offences has gradually decreased since 1991. Whether such risks will be included among security risks in the future period will be assessed with regards to the further development of such offences and mainly, whether the citizens´concerns will be confirmed.