Czech police could gain power to order people out of public spaces

People who seriously disrupt public order could be ordered to leave a public space for up to 24 hours under a proposal that cleared an initial stage in the Czech Senate last week.

The measure would give both national and municipal police the power to issue temporary exclusion orders when warnings or other less restrictive interventions have failed.

The proposal is still at an early legislative stage. It now goes to the Senate’s public administration committee before further consideration by the full chamber; Wednesday’s vote does not give police new powers.

Around 20 senators from across the chamber’s political groups submitted the proposal, led by ODS Sen. Zdeněk Hraba. It would amend legislation governing policing, administrative offenses and criminal law.

Its authors describe exclusion as a preventive measure rather than a punishment. They argue that a period of up to 24 hours would allow a situation to calm down and prevent an immediate return to the scene of a conflict.

Under the proposed legislation, officers would first have to consider less restrictive approaches, such as asking the person to stop or leave voluntarily.

Police would have to document an exclusion order and issue written confirmation. The person affected could complain to the regional police directorate or, in cases involving municipal police, the municipal authority.

Breaching an order could carry a fine of up to CZK 20,000, rising to CZK 30,000 for repeat violations. The proposal also provides for a possible prison sentence of up to one year for someone who breaches an exclusion order twice within two years.

Senators discussed the measure in connection with disruptive behavior involving alcohol or drugs, including incidents involving homeless people. Some also linked it to unrest in Western European cities.

The proposed power is framed around serious disruption of public order, rather than homelessness itself.

Nevertheless, Hraba’s earlier proposals concerning homeless people form part of the political background. In 2024, he outlined plans to remove homeless people from public spaces for conduct such as littering or disturbing public order, with community service and possible imprisonment for refusal.

Critics compared that earlier approach to reviving the communist-era offense of “parasitism,” which criminalized certain people deemed to be avoiding work. Hraba rejected the comparison and argued that homelessness presented security concerns as well as social problems.

The current proposal’s authors say comparable exclusion powers exist in countries including Germany and Britain. They characterize the restriction on freedom of movement as the minimum intervention needed to prevent renewed disorder.

The committee stage will provide the next opportunity to examine those arguments, the safeguards and the proposed penalties before senators decide whether to advance the legislation.