Does a Police Officer Have a Duty to Inform Administrative Authority About His Membership in the State Security Service in a Case of Commiting a Misdemeanour?
JUDr. Zdeněk Fiala, Ph.D., Mgr. Kristýna Benešová, Faculty of Security Management PA Czech Republic in Prague, Department of Public Administration
This contribution concerns in detail the problematics of police officers duty to inform an administrative authority about his/her membership in state security service in a case of conduct containing characteristics of misdemeanour.
Authors of the contribution deal on the one hand with a question whether the police officers have a duty to convey their membership in state security service and on the other hand by the legal effect of the decision issued by materially incompetent administrative authority in a case the police officer concealed his/her membership in state security service from administrative authority and by the process of removal this fault.
Key words: member of the state security service, membership to the state security service, service relationship, service functionary, misdemeanour, conduct containing characteristics of misdemeanour, decision nullity, duty to inform, prohibition of self-incrimination.