Act No. 126 / 2003 Coll.
Act amending Act No. 269 / 1994 Coll., on the Register of Penalties
Valid
Law
Effective from 01.07.2003
126
THE LAW
of 2 April 2003
amending Act No. 269 / 1994 Coll., on the Register of Penalties
Parliament has decided on this law of the Czech Republic:
Act No. 269 / 1994 Coll., on the Register of Penalties, is amended as follows:
1. In the second sentence of Article 2 (1), a comma and the word "civil law 'are inserted after the word" criminal'.
2. in Article 2 (3), footnote 1 shall read:
"1) Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Acts, as amended by Act No. 227 / 2000 Coll., Act No. 177 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 107 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 310 / 2002 Coll. and Act No. 517 / 2002 Coll. '.
3. In Section 2, the following paragraph 4 is added, including footnote 1a:
"(4) All documents arising from the activities of the Register of Penalties, including those received, shall be treated under the conditions laid down in a separate law. (1a)
1a) Act No. 97 / 1974 Coll., on archiving, as amended by Act No. 343 / 1992 Coll., Act No. 27 / 2000 Coll., Act No. 120 / 2001 Coll., Act No. 107 / 2002 Coll. and Act No. 320 / 2002 Coll. '
4. in Article 3, the following paragraph 4 is added:
"(4) To the extent necessary for the performance of the tasks referred to in § 2, the Register of Penalties shall be entitled to obtain information from the population register, 1b) Civil ID records (c) and travel document records (1d), including in a manner which allows remote and continuous access under conditions laid down by specific legislation; 1e) the managers of those information systems are obliged to provide the necessary synergies.
1b) § 3 (2) (a) to (k) and (r) and § 3 (3) (a) to (j) and (m) of Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents).
1c) § 17 (2) (a) to (i) of Act No. 328 / 1999 Coll., on Civil ID.
1d) § 29 paragraph 2 of Act No. 329 / 1999 Coll., on Travel Documents and on Amendment to Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended (Act on Travel Documents).
1e) Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended by Act No. 226 / 2002 Coll. and Act No. 517 / 2002 Coll. Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended by Act No. 517 / 2002 Coll. Government Decree No. 304 / 2001 Coll., implementing Act No. 227 / 2000 Coll., on Electronic Signature and on the Amendment of Certain Other Acts (Electronic Signature Act). '
5.
The courts shall immediately send the Register of Penalties to the criminal records of persons legally convicted and communicate any other relevant facts for registration or change of registration. The same shall apply to prosecutors when taking decisions which are registered under a special law. (2a)
(2a) Paragraph 313 of the Penal Code. ';
6.
(1) For the purposes of criminal proceedings, a copy of the Register of Penalties ("the copy ') shall be issued to the law enforcement authorities 3 and to the Ministry of Justice at their request. The Ministry of Justice may require a copy of the person in respect of whom it is conducting proceedings on:
(a) complaints for infringements;
(b) the application of the President's decision on amnesty;
(c) requests for mercy;
(d) abandonment of the sentence of imprisonment or the remainder thereof where the sentenced is to be extradited or expelled;
(e) the admissibility of the extradition of an accused person for criminal prosecution abroad.
The Ministry of Justice may also require a copy when carrying out other criminal proceedings where it is competent under a special law or a declared international treaty, which the Czech Republic is bound by. If the Ministry of Justice acts in matters relating to the activities of the Register of Penalties before the Court or if it represents the Czech Republic in the handling of complaints concerning violations of the Convention on the Protection of Human Rights and Fundamental Freedoms and its Protocols concerning the activities of the Register of Penalties, it is entitled to require a copy for that purpose.
(2) The Office of the President of the Republic may require a copy concerning the person in respect of whom proceedings are being carried out on:
(a) requests for mercy;
(b) the appointment or application for appointment as President of the Republic.
(3) A copy may be issued to other authorities at their request only if specific legislation so provides. At the request of the foreign judicial authorities, the Register of Penalties shall issue a copy, if so provided for by the declared international treaty, which the Czech Republic is bound by.
(4) At the written request of the person whose identity has been verified, it shall be allowed to examine the copy relating to that person. Paragraph 11 (2) and (3) shall apply mutatis mutandis.
(5) The copy shall contain all the particulars of each conviction of the person to whom the copy relates and all the information concerning the conduct of the criminal proceedings and the safeguard measures, as well as the destruction of the conviction. The copy shall also include data from the record of the suspension of the criminal prosecution and other relevant facts for criminal proceedings where specific legislation so provides. 2a) '.
7. In Article 11, at the end of paragraph 1, the sentence "The extract shall be issued on the basis of an officially certified power of attorney and agent of that person or in the context of the provision of legal assistance to that person to the lawyer."
8. in Article 11 (2) (b), including footnote 4,
"(b) the municipal office, the municipal office, the capital city of Prague, the urban district office, the territorial subdivisions of the statutory cities, the urban district office or the municipal authorities of the statutory cities, which are not subdivided into urban districts or urban areas, and for the territory of military exits, the central office, which is a matrix office under special legislation, 4)
4) Paragraph 2 (1) (a) of Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the Amendment of Certain Related Acts, as amended by Act No. 320 / 2002 Coll. '
9. in Article 11 (2), the following point (c) is inserted after point (b):
"(c) representative offices of the Czech Republic abroad, or"
Point (c) shall be renumbered (d).
10. in Paragraph 11 (3), "(a) and (b)" shall be replaced by "(a), (b) and (c)";
11. In the first sentence of Paragraph 12, the words "or the Prosecutor's Office 'shall be inserted after the word" court'.
12. In Section 14, "paragraph 3 'is replaced by" paragraph 4';
13. In Article 15, the following paragraph 3 is added:
"(3) The record shall record the date and time of issuing the extract or copy or allow for inspection of the copy in accordance with Sections 10, 11 and 12 and shall indicate at whose request it was made. ';
14. Paragraph 16 (2) is deleted and paragraph 1 is deleted.
15. The following Articles 16a and 16b are inserted after Article 16, including the title and footnote 5:
(1) An application for the issuance of an extract and for inspection of a copy may be sent by the person to whom the data relate in electronic form in accordance with a specific legislation. 5)
(2) The Register of Penalties shall verify whether the person referred to in paragraph 1 has paid the fee in accordance with Article 14 by electronic order and the nature of the request
(a) send an extract in paper form and, if so requested by such a person, send it to him, for information purposes, in electronic form; or
(b) allow such a person to consult the copy by sending it an electronic copy for information.
(3) In electronic form according to special legislation5) criminal records, court reports or prosecutors, statements and copies addressed to and requests for state authorities may also be transmitted.
Storage of documentation
(1) The Register of Penalties shall be kept by the Registry of the Documents, which shall contain the data on the final decisions of the courts which have been annulled pursuant to § 2 and the data excluded from the register pursuant to § 9.
(2) The information referred to in paragraph 1 shall be made available on written request to the person concerned, the court and the Ministry of Justice. Such data shall be provided to another authority where specific legislation so provides.
(3) A record of the date and time of the provision of the data referred to in paragraph 1 shall be kept in the file storage room and shall be provided with an indication of the request made.
(4) Data on persons stored in the documentation storage centre shall be kept for 100 years from the birth of the person concerned.
5) Act No. 227 / 2000 Coll., as amended by Act No. 226 / 2002 Coll. and Act No. 517 / 2002 Coll. Government Decree No. 304 / 2001 Coll. '
Efficacy
This Law shall take effect on 1 July 2003, with the exception of Article I (15) of Paragraph 16a, which shall take effect on 1 January 2004.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 126 / 2003 Coll., amending Act No. 269 / 1994 Coll., on the Register of Penalties |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.05.2003 |
|---|---|
| Effective from | 01.07.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0