What is Act No. 124 / 2008 Coll.?

Act No. 124 / 2008 Coll., amending Act No. 269 / 1994 Coll., on the Register of Penalties, as amended, and certain other laws — Act amending Act No. 269 / 1994 Coll., on the Register of Penalties, as amended, and certain other laws.

When it became Act No. 124 / 2008 Coll. effectiveness?

Act No. 124 / 2008 Coll. became effective 01.07.2008.

Is Act No. 124 / 2008 Coll. still valid?

Yes, Act No. 124 / 2008 Coll. is still valid and effective.

How many times was it Act No. 124 / 2008 Coll. amended?

Act No. 124 / 2008 Coll. has 7 time versions of the text.

Act No. 124 / 2008 Coll. - Act amending Act No. 269 / 1994 Coll., o...

124

THE LAW

of 19 March 2008

amending Act No. 269 / 1994 Coll., on the Register of Penalties, as amended, and certain other laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Penal Register Act

Čl. I

Act No. 269 / 1994 Coll., on the Register of Penalties, as amended by Act No. 126 / 2003 Coll., Act No. 253 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 179 / 2007 Coll., Act No. 269 / 2007 Coll. and Act No. 345 / 2007 Coll., are amended as follows:

1. In Article 6a, the sentence "If the population register has changed the data referred to in paragraph 2, both the original data shall be provided to the Criminal Register and the original data shall be added at the end of paragraph 6."

2.

„§ 12

The extract shall also be issued at the request of a court or public prosecutor for purposes other than criminal proceedings and an administrative authority for the purposes of infringement proceedings and administrative proceedings in which proof of integrity or credibility is required. For other purposes, an extract may be issued where specific legislation so provides. ';

3. footnote 5 shall read:

"5) Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended. § 4 (3) of Decree No. 495 / 2004 Coll., implementing Act No. 227 / 2000 Coll., on Electronic Signature and amending certain other acts (Act on Electronic Signature), as amended. § 2 (3) of Decree No. 496 / 2004 Coll., on Electronic Postage. '

4. In Article 16a (1), the words "under special legislation (5) 'are replaced by the words" provided with a guaranteed electronic signature (5)'.

5. Paragraph 16a (3) reads as follows:

"(3) In electronic form provided with a guaranteed electronic signature (5), criminal records, court reports or prosecutors, extracts and copies to and requests for them may also be transmitted."

6. In Article 16a, the following paragraph 4 is added:

"(4) For the purposes of administrative procedure, applications for copies or extracts and copies or extracts shall be sent in electronic form, accompanied by a guaranteed electronic signature (5), in a way enabling remote access. A copy or extract shall be issued by the administrator of the Criminal Register without undue delay. ';

ČÁST DRUHÁ

Amendment of the Excise Tax Act

Čl. II

Act No. 353 / 2003 Coll., on Consumer Taxes, as amended by Act No. 479 / 2003 Coll., Act No. 237 / 2004 Coll., Act No. 313 / 2004 Coll., Act No. 558 / 2004 Coll., Act No. 693 / 2004 Coll., Act No. 179 / 2005 Coll., Act No. 217 / 2005 Coll., Act No. 377 / 2005 Coll., Act No. 379 / 2005 Coll., Act No. 296 / 2007 Coll., Act No. 37 / 2008 Coll., amended as follows:

1. in Paragraph 9 (3) (h), "Paragraph 13 (20)" is replaced by "Paragraph 13 (21)" and "Paragraph 13 (21) (d)" is replaced by "Paragraph 13 (22) (d)."

2. in Article 13 (2), point (l) shall be deleted;

Point (m) shall be renumbered as point (l).

3. In Article 13, the following paragraph 4 is inserted after paragraph 3, including footnote 19a:

"(4) The Customs Directorate shall, in accordance with the specific legislation 19a), request an extract from the Register of Penalties relating to the applicant, if the applicant is a natural person, or extracts from the Register of Penalties relating to the statutory authority or members of the statutory authorities, if the applicant is a legal person. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

19a) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '

Paragraphs 4 to 24 shall become paragraphs 5 to 25.

4. Paragraph 13 (5) reads as follows:

"(5) Where the applicant, his statutory body or a member of his statutory body is a natural person who is not a national citizen of the Czech Republic, the applicant shall attach to the application referred to in paragraph 2 documents corresponding to the records of the Register of Penalties issued by the State of which that person is a citizen and the State in which he has remained continuously for more than 3 months in the last 3 years. This also applies in the case of a Czech national who has stayed continuously for more than 3 months abroad for the last 3 years. If a foreign natural person has been detained during the period referred to in the first sentence in the Czech Republic, the Customs Directorate shall obtain an extract from the Register of Penalties referred to in paragraph 4. '

5. In Article 13 (21), "paragraph 16 'is replaced by" paragraph 17';

6. In Paragraph 13 (24), "paragraph 20 'is replaced by" paragraph 21', "paragraph 21 'is replaced by" paragraph 22' and "paragraph 19 'is replaced by" paragraph 20'.

7. In Paragraph 20 (2), at the end of point (o), the comma is replaced by a dot and point (p) is deleted.

8. In Paragraph 20, the following paragraph 4 is inserted after paragraph 3:

"(4) The Customs Directorate shall, in accordance with the specific legislation 19a), request an extract from the Register of Penalties relating to the applicant, if the applicant is a natural person, or extracts from the Register of Penalties relating to the statutory authority or members of the statutory authorities, if the applicant is a legal person. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access. ';

Paragraphs 4 to 22 shall become paragraphs 5 to 23.

9. Paragraph 20 (5) reads as follows:

"(5) Where the applicant, his statutory body or a member of his statutory body is a natural person who is not a national citizen of the Czech Republic, the applicant shall attach to the application referred to in paragraph 2 documents corresponding to the records of the Register of Penalties issued by the State of which that person is a citizen and the State in which he has remained continuously for more than 3 months in the last 3 years. This also applies in the case of a Czech national who has stayed continuously for more than 3 months abroad for the last 3 years. If a foreign natural person has been detained during the period referred to in the first sentence in the Czech Republic, the Customs Directorate shall obtain an extract from the Register of Penalties referred to in paragraph 4. '

10. in Paragraph 20 (19) (b), "paragraph 5" is replaced by "paragraph 6."

11. in Article 20 (20), "paragraph 18" is replaced by "paragraph 19."

12. In Paragraph 20 (21), "paragraph 18 'is replaced by" paragraph 19' and "paragraph 19 'is replaced by" paragraph 20'.

13. in Paragraph 20 (22) (a), "paragraph 17" is replaced by "paragraph 18" and "paragraph 16" is replaced by "paragraph 17."

14. in Paragraph 22 (2), the comma shall be replaced by a dot at the end of point (h) and point (i) shall be deleted;

15. in Paragraph 22, the following paragraph 4 is inserted after paragraph 3:

"(4) The Customs Directorate shall, in accordance with the specific legislation 19a), request an extract from the Register of Penalties relating to the applicant, if the applicant is a natural person, or extracts from the Register of Penalties relating to the statutory authority or members of the statutory authorities, if the applicant is a legal person. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access. ';

Paragraphs 4 to 23 shall be renumbered paragraphs 5 to 24.

16. in Paragraph 22 (5):

"(5) Where the applicant, his statutory body or a member of his statutory body is a natural person who is not a national citizen of the Czech Republic, the applicant shall attach to the application referred to in paragraph 2 documents corresponding to the records of the Register of Penalties issued by the State of which that person is a citizen and the State in which he has remained continuously for more than 3 months in the last 3 years. This also applies in the case of a Czech national who has stayed continuously for more than 3 months abroad for the last 3 years. If a foreign natural person has been detained during the period referred to in the first sentence in the Czech Republic, the Customs Directorate shall obtain an extract from the Register of Penalties referred to in paragraph 4. '

17. in Paragraph 22 (19) (b), "paragraph 5" is replaced by "paragraph 6."

18. In Paragraph 22 (20), "paragraph 18 'is replaced by" paragraph 19';

19. in Paragraph 22 (21), "paragraph 18" is replaced by "paragraph 19" and "paragraph 19" is replaced by "paragraph 20."

20. In Article 36 (5), the comma at the end of point (f) is replaced by a dot and point (g) is deleted.

21. in Paragraph 36, the following paragraph 6 is inserted after paragraph 5:

"(6) The Customs Directorate shall request, in accordance with the specific legislation 19a), an extract from the Register of Penalties relating to the applicant, if the applicant is a natural person, or an extract from the Register of Penalties relating to the statutory authority or members of the statutory authorities, if the applicant is a legal person. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access. ';

Paragraphs 6 to 13 shall become paragraphs 7 to 14.

22. in § 109 (4), "§ 22 (8)" is replaced by "§ 22 (9)";

23. in § 134g (3) (f), "§ 20 (11)" is replaced by "§ 20 (12)."

24. in § 134j (1) (e), "§ 20 (17) or (18)" is replaced by "§ 20 (18) or (19)."

25. in Article 134r (3) (f), "Article 20 (11)" is replaced by "Article 20 (12)."

ČÁST TŘETÍ

Amendment of the Auditor Act

Čl. III

Act No. 254 / 2000 Coll., on Auditors and amending Act No. 165 / 1998 Coll., as amended by Act No. 209 / 2002 Coll., Act No. 169 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 56 / 2006 Coll., Act No. 57 / 2006 Coll., Act No. 70 / 2006 Coll. and Act No. 296 / 2007 Coll., is amended as follows:

1. Paragraph 3 (5), including footnote 3a, reads:

"(5) In order to demonstrate the integrity of the applicant in accordance with paragraph 4, the Chamber shall require, in accordance with the special legislation of 3a, an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

3a) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '

2. Paragraph 26 (1) reads as follows:

"(1) The Chamber shall, upon written request, enter in the list of assistant auditors who:

(a) is fully eligible for legal action;

(b) is righteous;

(c) obtain the higher education referred to in Article 3 (1) (a) and provide evidence thereof;

(d) be employed by an auditor or an audit firm, at least 35 hours a week, and perform work related to the provision of audit services under the direction and supervision of the auditor, and provide evidence thereof. "

3. In Paragraph 26, the following paragraph 2 is inserted after paragraph 1:

"(2) The assessment of integrity shall be carried out in accordance with Article 3 (4) and (5). ';

Paragraphs 2 to 8 shall be renumbered paragraphs 3 to 9.

ČÁST ČTVRTÁ

Amendment of the Tax Advice Act and the Chamber of Tax Advisers of the Czech Republic

Čl. IV

Act No. 523 / 1992 Coll., on Tax Advice and Chamber of Tax Advisers of the Czech Republic, as amended by Act No. 170 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 70 / 2006 Coll. and Act No. 312 / 2006 Coll., is amended as follows:

1. In Article 5, the following paragraph 3 is inserted after paragraph 2, including footnote 3c:

"(3) In order to prove the integrity of the applicant, the Chamber shall, in accordance with the specific legislation 3c) request an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

3c) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '

Paragraphs 3 to 12 shall become paragraphs 4 to 13 and footnotes 3c and 3d shall become footnotes 3d and 3e, including the footnotes.

2. In Article 5 (4), the words "an extract from the criminal record not more than six months old and" shall be deleted.

3. In the second sentence of Article 5 (12), "3 'is replaced by" 4'.

4. In Article 15 (1), "Article 5 (4) (a) 'is replaced by" Article 5 (5) (a)';

ČÁST ŠESTÁ

Amendment of the Insurance Intermediaries and Insurance Liquidators Act

Čl. VI

Act No. 38 / 2004 Coll., on insurance intermediaries and individual liquidators of insurance claims and on the amendment of the Commercial Act (Act on Insurance Intermediaries and Insurance claims liquidators), as amended by Act No. 444 / 2005 Coll., Act No. 57 / 2006 Coll. and Act No. 296 / 2007 Coll., is amended as follows:

1. in Paragraph 13 (3) (c), including footnote 5a:

"(c) documents proving the applicant's credibility (§ 19); an extract from the record of the Register of Penalties pursuant to the Special Legislation (5a) shall not be attached;

(5a) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '

2. in Paragraph 13 (5) (c):

"(c) documents proving the applicant's credibility (§ 20); an extract from the record of the Register of Penalties pursuant to the special legislation (5a) shall not be added; ';

3. in Article 15 (3) (b):

"(b) documents proving the applicant's credibility (§ 19); an extract from the record of the Register of Penalties according to the special legislature5a) shall not be attached;"

4. in Article 15 (5) (b):

"(b) documents proving the applicant's credibility (Section 20); an extract from the record of the Register of Penalties pursuant to the special legislation (5a) shall not be added; ';

5. Paragraph 27 (6) reads:

"(6) A natural person who is not a national of the Czech Republic attests his integrity to the corresponding documents issued by the State of which he is a citizen and by the State in which he has remained continuously for more than 3 months in the last 3 years. This also applies in the case of a Czech national who has stayed continuously for more than 3 months abroad in the last 3 years."

ČÁST SEDMÁ

Amendment to the Pension Insurance Act with a State contribution

Čl. VII

Act No. 42 / 1994 Coll., on Pension Admission with a State Contribution and on Changes to Certain Laws related to its Implementation, as amended by Act No. 61 / 1996 Coll., Act No. 15 / 1998 Coll., Act No. 170 / 1999 Coll., Act No. 353 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 36 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 70 / 2006 Coll., Act No. 342 / 2006 Coll. and Act No. 296 / 2007 Coll., is amended as follows:

1. in Article 5 (2) (d):

"(d) the competence of the proposed members of the Board of Directors and the Supervisory Board of the Pension Fund;"

2. In Article 5, the following paragraph 5 is added:

"(5) For the purposes of this Act, a natural person who has not been convicted of a criminal offence of a property nature or of an intentional offence shall be deemed to be fair. The integrity shall be demonstrated by the proposed members of the Board of Directors and the Supervisory Board of the Pension Fund. '.

ČÁST DEVÁTÁ

Amendment to the Act on the Treatment, Conditions of Import, Export and Transit of Raw Diamonds

Čl. IX

Act No. 440 / 2003 Coll., on the treatment of rough diamonds, on the terms and conditions of their import, export and transit and amending certain laws, as amended by Act No. 60 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 70 / 2006 Coll. and Act No. 296 / 2007 Coll., is amended as follows:

1. Paragraph 28 (2) reads as follows:

"(2) The person applying for a special registration shall submit the registration document referred to in Article 27 and the extract from the Commercial Register not earlier than 1 month or an officially certified copy of the trade certificate or other document which authorises it to carry on business in the Community in the activities referred to in paragraph 1, not earlier than 1 month. ';

2. In paragraph 28, the following paragraph 4 is inserted after paragraph 3, including footnote 10c:

"(4) For the purpose of assessing the integrity of a person for the purposes of the special registration, the Directorate-General for Customs shall request an extract from the Register of Penalties under the special legislation 10c). An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

10c) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '.

Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.

ČÁST DESÁTÁ

Amendment of the Value Added Tax Act

Čl. X

Act No. 235 / 2004 Coll., on Value Added Tax, as amended by Act No. 635 / 2004 Coll., Act No. 669 / 2004 Coll., Act No. 124 / 2005 Coll., Act No. 215 / 2005 Coll., Act No. 217 / 2005 Coll., Act No. 377 / 2005 Coll., Act No. 441 / 2005 Coll., Act No. 545 / 2005 Coll., Act No. 109 / 2006 Coll., Act No. 230 / 2006 Coll., Act No. 319 / 2006 Coll., Act No. 172 / 2007 Coll., Act No. 261 / 2007 Coll., and Act No. 270 / 2007 Coll., is amended as follows:

1. In Paragraph 87 (6), the comma at the end of the text (f) is replaced by a dot and point (g) is deleted.

2. In Paragraph 87, the following paragraph 7 is inserted after paragraph 6, including footnote 60a:

"(7) In order to assess the integrity for the purposes of the authorisation procedure, the customs office shall, in accordance with the specific legislation of 60a, request an extract from the Register of Penalties of the appellant, if the appellant is a natural person, or extracts from the Register of Penalties of the statutory authority or members of the statutory body, if the appellant is a legal person. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

60a) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '

Paragraphs 7 to 13 shall become paragraphs 8 to 14.

ČÁST JEDENÁCTÁ

Amendment of the Law on the Search, Exploration and Mining of Mineral Resources from the Seabed beyond the State's competences

Čl. XI

Act No 158 / 2000 Coll., on the search, exploration and extraction of mineral resources from the seabed beyond the limits of national competence and amending certain laws, as amended by Act No 296 / 2007 Coll., is amended as follows:

1. Paragraph 7 (3) reads as follows:

"(3) The application for certification shall be accompanied by certified copies of the documents referred to in Article 6 (1) (a) and (d). If a natural person has stayed outside the Czech Republic for the last 5 years, he shall submit the documents referred to in the sentence of the first of the States in which he has remained continuously for more than 3 months in the last 5 years; in addition, that person shall be required to prove his integrity by means of an extract from the record of the Register of Penalties or an equivalent document issued by the competent authority of the State or, where appropriate, by the States in which he remained for that period. ';

2. In Article 7, the following paragraph 4 is inserted after paragraph 3, including footnote 5:

"(4) The Ministry shall, in order to demonstrate the integrity of the applicant, request, in accordance with special legislation5) an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

5) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '

Paragraphs 4 and 5 shall become paragraphs 5 and 6.

ČÁST DVANÁCTÁ

Amendment of the Energy Act

Čl. XII

Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Acts (Energy Act), as amended by Act No. 151 / 2002 Coll., Act No. 262 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 278 / 2003 Coll., Act No. 356 / 2003 Coll., Act No. 670 / 2004 Coll., Act No. 186 / 2006 Coll., Act No. 342 / 2006 Coll. and Act No. 296 / 2007 Coll., is amended as follows:

1. in Article 7 (4) (b):

"(b) in the case of a natural person, a person who is a statutory authority or a member thereof, and a representative responsible, the original or a certified copy of the extract of the criminal record or similar register kept in the State of which he is a citizen, as well as the State where that person last stayed continuously for at least 6 months during the last 3 years; if the State does not issue such documents, a declaration of integrity made before the competent authority of that State; such documents or declarations shall not be more than 6 months old; ';

2. In Article 7, the following paragraph 5 is inserted after paragraph 4, including footnote 1a:

"(5) For the purpose of demonstrating the integrity of the applicant, the Energy Regulatory Authority shall, in accordance with the specific legislation (1a), request an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

(1a) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '

Paragraphs 5 and 6 shall become paragraphs 6 and 7.

ČÁST TŘINÁCTÁ

Amendment to the Energy Management Act

Čl. XIII

Act No. 406 / 2000 Coll., on Energy Management, as amended by Act No. 359 / 2003 Coll., Act No. 694 / 2004 Coll., Act No. 180 / 2005 Coll., Act No. 177 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 214 / 2006 Coll., Act No. 574 / 2006 Coll. and Act No. 393 / 2007 Coll., is amended as follows:

1. Paragraph 10 (7) reads as follows:

"(7) The application for inclusion in the list of energy auditors referred to in paragraph 6 shall be accompanied by proof of the professional examination. ';

2. In Article 10, the following paragraph 8 is inserted after paragraph 7, including footnote 6f:

"(8) In order to prove the integrity of the applicant, the Ministry shall require, in accordance with the special legislation, 6f) an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

6f) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '

Paragraphs 8 to 16 shall become paragraphs 9 to 17.

3. In Paragraph 10 (16), "14 'is replaced by" 15'.

4. In Paragraph 10 (17), "13 'is replaced by" 14'.

ČÁST ČTRNÁCTÁ

Amendment to the Foreign Trade Act on Military Material

Citation	Act No. 124 / 2008 Coll., amending Act No. 269 / 1994 Coll., on the Register of Penalties, as amended, and certain other laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	15.04.2008
Effective from	01.07.2008
Effective until	-
Status	Valid

Act No. 124 / 2008 Coll.

Act amending Act No. 269 / 1994 Coll., on the Register of Penalties, as amended, and certain other laws

Contents