Seminární práce Zdeněk Novák - Public order - anglická verze-upravená

General conditions for coercive action

1. A police officer is authorized to use a coercive means to protect the safety of his/her person, other persons or property, or to reinstate public order.

2. Before using coercive means, the police officer is required to order the person to desist from the offensive action, with a caution that coercive means will otherwise be used. This does not apply if a vehicle is used to prevent another vehicle from leaving. A warning may be omitted if the life or health of a person is endangered and the procedure cannot be delayed.

3. The police officer is authorized to use a coercive means that
   a) allow him to achieve the purpose of the procedure, and
   b) it is necessary to overcome the resistance or attack by a person.

4. An electric offender is authorized to use the electric law enforcement agent only if the use of another coercive means is clearly not sufficient to achieve the intended purpose
   by surgery.

5. When using a coercive device, a policeman must take care not to cause the person serious harm, commensurate with the form and gravity of the offence, or seriousness of the unlawful behaviour.

Obligations following use of coercive means or firearms

1. Following the use of a coercive device or a weapon in which a person has been injured, the police officer is obliged, as soon as circumstances permit, to provide the injured person with first aid and medical treatment. He is also obliged to take urgent action or other measures to justify the use of a firearm.

2. Following an act involving a coercive device or a weapon, the police officer is required to report immediately to his supervisor and write an official report stating the reasons, actions and outcome of his use.

3. The Head of the Police Department is obliged to notify the relevant Public Prosecutor without delay about the injury or death of a person or material damage caused by the use of a coercive device or weapon.

Specific restrictions

1. In the case of action against a visibly pregnant woman, an elderly person or an individual with an obvious physical defect or illness, or a person apparently under the age of 15 the policeman may not kick or throw, use tear gas or any electric or similar temporary means of disablement, a baton or other means of attack. Nor may he use a projectile with the character of a firearm with a temporary incapacitating effect according to other legislation, a non-weapon-like projectile under this Act, offender control by means of a vehicle, shield, police duty dog, a hit-on explosion, firearm shot, firearm or warning gun shot, except when the attack poses an immediate threat to the life or health of a police officer or other person, or is likely to cause material damage to property, and the danger cannot otherwise be avoided.

(2) The limitations in paragraph 1 do not apply to the use of tear-gas, stun grenades and control by a vehicle or shield when used against a group of persons.

Municipal police

Act No. 553/1991 Collection of Laws on Municipal Police defines the activities of the Municipal Police. The individual coercive means are stated in § 18 to § 23, i.e. the conditions of use, limitations and duty of the police to use coercive means.