Act No. 130 / 2022 Coll.

Act amending Act No. 40 / 2009 Coll., Penal Code, as amended, Act No. 45 / 2013 Coll., on Victims of Crime and on the Amendment of Certain Laws (Act on Victims of Crime), as amended, and certain other laws

Valid Law Effective from 28.06.2022
Text versions: 28.06.2022 27.05.2022
Contents
ČÁST PRVNÍ Čl. I „§ 136a „§ 321a ČÁST DRUHÁ Čl. II „§ 7 „§ 8a „§ 13 „§ 46a ČÁST TŘETÍ Čl. III ČÁST ČTVRTÁ Čl. IV „§ 13 „§ 16g Čl. V ČÁST PÁTÁ Čl. VI Čl. VII ČÁST ŠESTÁ Čl. VIII ČÁST SEDMÁ Čl. IX „§ 65a Čl. X ČÁST OSMÁ Čl. XI „§ 34a Čl. XII ČÁST DEVÁTÁ Čl. XIII ČÁST DESÁTÁ Čl. XIV „§ 11b Čl. XV ČÁST JEDENÁCTÁ Čl. XVI
130
THE LAW
of 11 May 2022
amending Act No. 40 / 2009 Coll., the Criminal Code, as amended, Act No. 45 / 2013 Coll., on victims of crimes and amending certain laws (Act on victims of crimes), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Penal Code
Čl. I
Act No. 40 / 2009 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 55 / 2012 Coll., Act No. 360 / 2012 Coll., Act No. 47 / 2012 Coll., Act No. 150 / 2016 Coll., Act No. 163 / 2016 Coll., Act No. 49 / 2012 Coll., Act No. 105 / 2013 Coll., Act No. 165 / 2015 Coll., Act No. 40 / 2015 Coll.
1. in Article 7 (1) and in Article 312c (2), the words "and equipment intended for the unauthorised acquisition of a means of payment" shall be inserted after the words "equipment."
2. In Section 33 of the Introductory Part of the provision, the words "participation in a non-state armed group aimed at acting in armed conflict (§ 321a) 'are inserted after the words" (§ 318)'.
3. In Article 102a (1), the word "medium 'is replaced by" unauthorised interference with a computer system or medium'.
4. In Article 120, the words "computer information or data, computer software intervention or other computer operation 'are replaced by the words" data stored in a computer system or in a medium of information, computer software or technical equipment intervention or other operation in a computer system'.
5. After Paragraph 136, the following Section 136a is inserted:
㤠136a
Computer system
A computer system means a device or group of interconnected or associated devices, one or more of which is carried out on the basis of an automatic data-processing programme. The computer system shall also mean data stored, processed, retrieved or transferred by this device or by a group of devices for its or their operation, use, protection and maintenance. ';
6. in Articles 182 (1) (c) and 182 (5) (c), the word "computer" shall be deleted;
7. In Section 182 (1) (c), the word "computer 'is deleted.
8. In Article 183 (1), the words "computer data 'are replaced by the words" data stored in a computer system or on a medium of information'.
9. In Section 230, the word "medium 'is replaced by" unauthorised interference with a computer system or medium'.
10. In Section 230 (2) of the Introductory Part of the provision, the words "obtain access to a computer system or to a medium of information and 'are replaced by the words" intervene in a computer system or medium of information by:'.
11. in Article 230 (2) (d), the words "or transfer" shall be inserted after the words "insert."
12. in § 230 (2) (d), § 232 (1) (b), § 264 (2) and § 267 (2), the word "computer" is replaced by "computer system."
13. in Article 230 (4) (c):
"(c) if such an act is committed against a computer system the disruption of which would have a serious impact on the functioning of the State, on the health of persons, on safety, on the economy or on the safeguarding of the basic needs of the population;"
14. in Paragraph 231 (1):
"(1) Who produces, places into circulation, imports, exports, executes, offers, brokles, sells or otherwise makes available, to himself or to others, to themselves or to possess
(a) an installation or component thereof, a procedure, a tool or any other means, including a computer programme, designed or adapted to have unauthorised access to the electronic communications network, to the computer system or to a part thereof or to tamper with the computer system or the information medium; or
(b) a computer password, an access code, data, procedure or any other similar means by which access to the computer system or part thereof can be obtained;
intended to be used to commit a criminal offence in respect of the secrets of messages transmitted pursuant to Article 182 (1) (b) or (c), or an offence of unauthorised access to a computer system and tampering with a computer system or medium of information pursuant to Article 230 (1) or (2), shall be punishable by deprivation of liberty for up to two years, forfeiture of a case or prohibition of action. ';
15. The heading of Section 232 reads:
"Unauthorised interference with a computer system or a negligent medium '.
16. In Article 234 (1), the word "holder" is replaced by the word "user" and the words "other, in particular non-transferable payment card identifiable by name or number, electronic money, settlement order, travel check or guarantee check card" are replaced by the words "which allows cash or transfer of funds or virtual assets used instead of funds (" payment instrument ") and which belong to another '.
17. At the end of the title of Section 236, the words "and equipment intended to obtain an unauthorised payment instrument 'shall be added.
18. In Article 236 (1), the words "put into circulation, imported, exported, executed," shall be inserted after the words "produced," and the words "or amended means of payment" shall be replaced by the words "amended or obtained without authorisation."
19. in Article 311 (1) (e), the words "or transmission" shall be inserted after the words "or transmission" and the words "information medium" shall be inserted after the words "other intervention into computer system software or technical equipment or other technical equipment for data processing."
20. in Article 312e (2) (b) and (c), the words "or materials of a similar nature" shall be inserted after the words "substances."
21. The following Section 321a is inserted after Section 321, including the title:
㤠321a
Participation in a non-state armed group geared towards armed conflict
Who is involved in the activities of a non-state armed group aimed at operating in an armed conflict taking place within the territory of another State by:
(a) engage in combat activities of such a group;
(b) provide others with information or training relating to the manufacture or use of explosives, weapons, dangerous substances or materials of a similar nature or other similar methods or techniques for the purpose of committing the offence referred to in (a);
(c) acquire information or acquire skills relating to the manufacture or use of explosives, weapons, dangerous substances or materials of a similar nature or other similar methods or techniques for the purpose of committing the act referred to in (a) or (b); or
(d) travel to another State or the Czech Republic for the purpose of committing the offence referred to in (a), (b) or (c);
he will be punished by deprivation of liberty for up to five years. "
22. At the end of footnote 1, the sentence "Directive (EU) 2019 / 713 of the European Parliament and of the Council of 17 April 2019 on combating fraud and counterfeiting in the field of non-cash means of payment and replacing Council Framework Decision 2001 / 413 / JHA 'shall be added to the separate line.

ČÁST DRUHÁ

Amendment to the law on victims of crime
Čl. II
Act No. 45 / 2013 Coll., on Victims of Crime and on the amendment of certain laws (Act on Victims of Crime), as amended by Act No. 77 / 2015 Coll., Act No. 56 / 2017 Coll., Act No. 220 / 2021 Coll. and Act No. 261 / 2021 Coll., is amended as follows:
1. In the heading of Part One, the words "AND SUPPORT OF ENTITIES GRANTED TO CIVIL ACTIVITIES 'are replaced by the words" AND OF CERTAIN OTHER PERSONS IN CONNECTION WITH THE COMPETENT CRITERIA AND SUPPORT OF ENTITIES PROVIDED TO THEM'.
2. In Article 1, at the end of the text in point (a), the words "and some other persons in connection with the crime committed 'are added.
3. In Article 1, the words "and certain other persons in connection with the crime committed 'shall be added at the end of the text in point (c).
4. In Paragraph 2 (2), "property 'is replaced by" damage' and the words "or should have been enriched 'are added at the end of the text of the paragraph.
5. At the end of the title of Title II, the words "AND OF CERTAIN OTHER PERSONS IN CONNECTION WITH THE COMPETENT CRITERIA 'shall be added.
6. In the first sentence of Paragraph 4, the words "and persons close to them who have been injured or who have been injured by a victim, hereinafter referred to as" the person close, "shall be inserted after the words" to the victim. "
7. In Article 4, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) In addition, entities registered in the register of aid providers to victims of criminal offences shall provide legal persons who have committed a criminal offence on the basis of misuse of data enabling their identification, to the extent and under the conditions laid down by this law, with legal information and legal assistance aimed in particular at the misuse of data enabling the identification of a legal person, including the protection of its name and reputation. ';
8. In Paragraph 5 (2), the words "other victims' are replaced by the words" other persons'.
9. In Article 6 (1), the words "and the person close to the person concerned 'shall be inserted after the word" the victim' and the word "its' shall be replaced by the word" theirs'.
10. in Article 6 (2), the words "victims under this law may, in return," shall be replaced by the words "under this law,"
11. in Article 6 (3), the words "victims" shall be replaced by the words "victims, to the person concerned, close to the person concerned and to the legal person to whom the offence has been committed on the basis of misuse of data enabling them to be identified."
12.
㤠7
Access to information
The victim and the legal person to whom the offence has been committed, hereinafter referred to as "the legal person concerned," shall have the right to access, to the extent prescribed by law, information relating to the offence; a close person has similar rights. ';
13. The following Section 8a is inserted after Section 8:
㤠8a
Information provided by the Police of the Czech Republic, Police Authority and Public Prosecutor to certain other persons in connection with the crime committed
(1) Once the police of the Czech Republic or the police authority has reached first contact with the person concerned, it shall, without request, provide it with the information referred to in Article 8 (1) (b); such information shall be provided to that person and to the public prosecutor, if he receives his notification of facts suggesting that a criminal offence has been committed. The information referred to in the first sentence shall be provided in writing and orally.
(2) Once the police of the Czech Republic or the police authority has reached first contact with the legal person concerned, it shall, without request, provide it with the information referred to in § 8 (1) (a), (d), (e) and (j) and with the information on which particular authority and how it may request information pursuant to § 11 (1); at the same time it shall transmit the contact to that authority.
(3) The legal person to whom a criminal offence has been committed on the basis of the misuse of data enabling its identification shall inform the police of the Czech Republic or the police authority at first contact with him or her, without any request, of which bodies registered in the register of aid providers to the victims of the offence may contact with the request for professional assistance, and of any contact with them.
(4) Where the notification by the legal person concerned of facts suggesting that a criminal offence has been committed, the public prosecutor shall, without request, provide the legal person concerned with the information referred to in paragraph 8 (1) (d) and, if the legal person to whom the offence has been committed by misuse of data enabling it to be identified, the information referred to in paragraph 3.
(5) The information referred to in paragraphs 2 to 4 shall be made available in writing. "
14. In sections 9 and 10, the word "victim 'is deleted.
15. In Article 9, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The body registered in the register of assistance providers to victims of crime shall provide the person concerned, close to the legal person to whom the offence was committed, on the basis of misuse of data enabling his identification, with information on the services he provides and their extent, including whether the service is provided free of charge; where the requested type of service is not provided, it shall refer that person to another entity entered in the register of assistance providers to victims of the offences that provide the requested service. ';
16. in Article 10 (1), the words "victims without application" shall be replaced by "victims without request."
17. In Article 10, the words ", close to the person concerned pursuant to Article 8 (1) (b) and the legal person concerned shall be added at the end of the text of paragraph 1. the legal person to whom the offence has been committed on the basis of the misuse of data enabling its identification shall also inform the person to whom the bodies registered in the register of assistance providers may contact the victims of the offence with a request for professional assistance, and shall communicate contacts to them. ';
18. At the end of Section 11, the words "and the legal person concerned 'shall be added.
19. In Paragraph 11 (1) of the Introductory Part of the provision, the words "or the legal person concerned 'shall be inserted after the word" victim'.
20. In Article 11, the following paragraph 7 is added:
"(7) Paragraphs 3 to 6 shall apply mutatis mutandis even where protective treatment or security detention has been imposed on a person who has committed an otherwise criminal offence. ';
21.
㤠13
Method, scope and form of disclosure
(1) The victim and the person close to him concerned should be informed in an understandable manner, taking into account their age, rational and free maturity, literacy and health, including mental status; the individual information shall be provided to the victim and to the person close to him concerned to the extent appropriate to their specific needs, having regard to the nature and gravity of the offence. The information referred to in Articles 9 and 10 (1) shall be provided to the victim and to the person close to him in both written and oral form. The information referred to in Article 10 (2) shall be provided to the victim at least in writing.
(2) If the victim or the person concerned declares that he does not want to be informed, the law enforcement authorities shall not provide information unless such information is necessary to properly exercise the rights of the injured party in criminal proceedings. A declaration by the victim or the person close to him concerned that he does not want to be informed may be withdrawn at any time; the victim and the person close to him must be informed about this.
(3) Information shall be provided in writing to the legal person concerned. "
22. At the end of § 16, the words "and without undue delay inform the person whose data are concerned 'shall be added.
23. In the first sentence of Paragraph 18 (1), the words', in particular concerning previous sexual relations and the conduct of the victim, 'shall be inserted after the word' victim '.
24. in Article 24 (1) (a) and (b), the words "on it" shall be inserted after the words "act."
25. in Article 24 (1) (d), the words "and the child who is the victim of the offence" shall be replaced by the words "on her and the child on whom the offence was committed."
26. in Article 25 (2), the words "non-property damage, damage to health or damage resulting from death caused by a criminal offence" shall be replaced by "damage, injury or other non-property damage."
27. in Article 26 (1), the words "damage to health or" shall be replaced by the words "death, harm to health or otherwise."
28. In Article 26 (2), the words "damage to health or 'are replaced by the words" injury to health or other';
29. in Article 27 (a), the words "have been damaged to health or deleted and after the word" caused "shall be inserted the words" damage, harm to health or other. "
30. in Paragraph 28 (1) (a) to (c), the words "or non-property damage" shall be inserted after the word "damage."
31. in Paragraph 28 (2):
"(2) The victim need not prove loss of earnings and costs as referred to in paragraph 1 (a), (b) or (d) if the amount has already been decided by final judgment. ';
32. In the second sentence of Paragraph 28 (3), the words "damage greater than what it was' are replaced by the words" loss of earnings or incurred costs associated with treatment are higher than what it was'.
33. in Paragraph 29 (a), the words "damage or property damage" shall be inserted after the word "creation."
34. in Paragraph 29 (b), the words "or non-property damage" shall be inserted after the word "damage."
35. in Paragraph 30 (2):
"(2) A request for cash assistance may be lodged with the Ministry no later than 2 years after the date on which the victim became aware of the damage or non-property damage caused by the offence, but no later than 5 years after the crime was committed, otherwise the law shall cease. A minor victim's request against human dignity in the sexual field may be lodged with the Ministry no later than 2 years after the date on which he became of age or 5 years after the crime was committed, if that period expires later, otherwise the law shall cease. '
36. in Paragraph 32 (2):
"(2) The courts and law enforcement authorities shall provide the Ministry with the necessary synergies, in particular by sending copies of the documents in the file for the exercise of its powers under this law at his written request. In verifying compliance with the conditions for the provision of financial assistance, the authorised official person of the Ministry shall be entitled to consult the criminal files and files of the court in civil proceedings; courts and law enforcement authorities shall be obliged to allow it to consult the files. ';
37. At the end of the title of Title III, the words "AND CERTAIN OTHER PERSONS IN CONNECTION WITH THE COMPETENT CRITERIA 'shall be added.
38. In the first sentence of Paragraph 38 (1), the words "and certain other persons in connection with the offence committed 'shall be inserted after the word" acts'.
39. The following Section 46a is inserted after Section 46:
㤠46a
The provisions of paragraphs 39 to 46 shall apply mutatis mutandis to the support and the activity of the entities providing assistance to the persons concerned or to legal persons on whom the offence was committed on the basis of misuse of data enabling them to be identified. ';
40. In Article 47 (1), the words "victims and persons close to them 'shall be inserted after the words" in legal aid'.
41. in Paragraph 47 (2) (d), the words "and the persons close to them concerned" shall be inserted after the words "victims."
42. In Paragraph 47, the following paragraph 3 is inserted after paragraph 2:
"(3) The Ministry shall also enter in the register of aid providers to victims of criminal offences at its request a lawyer for legal assistance services to a legal person to whom a criminal offence has been committed on the basis of misuse of data enabling its identification. The application shall include the range of legal persons to whom the services will be provided and the particulars referred to in paragraph 2 (a), (c) and (e). ';
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
43. In Paragraph 48 (1), at the end of the text in point (a), the words "including bodies providing psychological and social advisory services to persons close to them" shall be added.
44. In Article 48 (1), the words "including accredited bodies providing assistance to certain other persons in connection with the crime committed 'shall be added at the end of the text in point (b).
45. in Paragraph 48 (3):
"(3) The register of aid providers to victims of crime shall contain the data referred to in Articles 42 (2) and 47 (2) and (3), in the case of bodies accredited for the provision of legal information as well as information on the number of competent persons referred to in Article 40 (3) and in the case of bodies referred to in Article 39 (2), in the registration decision under the law governing the provision of social services. At the request of the entity, the registry shall indicate its telephone number, e-mail address or other contact details or addresses of its website. If the entity has been granted accreditation for the provision of services to a person other than the victim, the list of persons to whom the services will be provided shall be entered in the register. The Centre's address shall be indicated for the Probation and Mediation Service centres. Where a body registered in a register of assistance providers provides victims with legal information and legal assistance aimed at the misuse of data enabling the identification of a legal person, this shall be indicated in the register. ';

ČÁST TŘETÍ

Amendment to the Code of Criminal Procedure
Čl. III
Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, No 2006, No 2006 / 2006, Act No. 5, No. 5, Act No. 5, No. 5, No 5, No. 5, No. 5, No. 5, No 5, No. 5, No 5
1. In Paragraph 8 (2), the following sentence is inserted after the first sentence: "For the purposes set out in the first sentence, under the conditions laid down by the special law, the authority exercising the jurisdiction of the Office for the Recovery of Assets from Crime in the Czech Republic may also require data which are the subject of banking secrecy under the rules of the European Union governing cooperation between law enforcement authorities. 13)."
Footnote 13 reads:
"(13) Council Decision 2007 / 845 / JHA of 6 December 2007 on cooperation between law enforcement offices in the Member States in the area of tracing and identifying proceeds from crime or other property related to crime."
2. In Article 55 (1), the words "and without undue delay, the person concerned shall be informed 'shall be added at the end of the text of point (c).
3. In Paragraph 55, at the end of paragraph 2, the sentence "The fifth law enforcement authority shall inform the witness without undue delay."
4. In Paragraph 88a (1), the word "medium 'is replaced by" unauthorised interference with a computer system or medium'.
5. in Paragraph 103a, the following paragraph 3 is inserted after paragraph 2:
"(3) Paragraphs 1 and 2 shall apply mutatis mutandis even where protective treatment or security detention has been imposed on a person who has committed an otherwise criminal offence. ';
Paragraph 3 shall become paragraph 4.
6. In Paragraph 120 (2), the sentence is inserted after the first sentence: "The judgment shall also indicate the nationality of the defendant, if the defendant is not a national of the Czech Republic only, or information that he is a stateless person or that his nationality has not been established."
7. In Article 177 (b), the words "the indication of his nationality, if not accused only by a national of the Czech Republic, or that he is a stateless person or that his nationality has not been established, and 'shall be inserted after the word" residence;

ČÁST ČTVRTÁ

Amendment to the Penal Register Act
Čl. IV
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., Act No. 265 / 2007 Coll., Act No. 345 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 130 / 2008 Coll., Act No. 111 / 2019 Coll., Act No. 227 / 2009 Coll., Act No. 220 / 2009 Coll., Act No. 261 / 2011 Coll., Act No. 357 / 2011 Coll., Act No. 183., Act No. 183 / 2012 Coll., Act No. 105 / 2013 Coll.
1. In Article 3 (3), the words "including, if not only a national of the Czech Republic, the indication that he is a stateless person or that his nationality has not been established 'shall be added at the end of the text in point (a).
2. In Article 4 (2), the words "if not the judgment of the United Kingdom of Great Britain and Northern Ireland (the United Kingdom) 'shall be inserted after the words" the Union'.
3. In Article 4a (1), the words "or the United Kingdom 'shall be inserted after the words" the State of the European Union' and the words "other Member States of the European Union 'shall be replaced by the words" those States'.
4. In Paragraph 4a (2), the words "or the United Kingdom 'shall be inserted after the word" Union'.
5. in Article 4a (3), Article 10 (5), last sentence and in Article 16f (1), second sentence, the words "or the United Kingdom" shall be inserted after the word "Union."
6. In Paragraph 4a, the sentence "Paragraph 4 (4) shall apply mutatis mutandis' shall be added at the end of paragraph 3.
7. In the second sentence of Article 10 (5) and in the second sentence of Article 16e (2), the word 'excluded' is replaced by 'or the United Kingdom excluded'.
8. In Article 10, the following paragraph 6 is added:
"(6) The specific part of the copy shall also include information on final convictions and subsequent data entered in the register of another Member State of the European Union or of the United Kingdom where another Member State of the European Union or the United Kingdom sends it to the Register of Penalties, at the request of the Member State referred to in Article 16g (1) to (3). ';
9. in § 11a (3) second sentence, § 11a (4) second sentence, § 11aa (1) third sentence and in § 11aa (2) second sentence, the words "3 or 4" are replaced by the words "or 3."
10.
㤠13
(1) The list shall include all convictions, including details of the conduct of the penalties imposed and safeguard measures, where, under the law, the perpetrators are not regarded as not being convicted, including convictions by foreign and international courts, which are treated as convictions by the courts of the Czech Republic. The listing does not include data recorded in the record of the Register of Penalties according to § 4a, which is not seen as a conviction by the courts of the Czech Republic.
(2) The extract shall be accompanied by information on final convictions and subsequent data entered in the register of another Member State of the European Union or of the United Kingdom if it is sent by another Member State of the European Union or the United Kingdom at the request of the Register of Penalties pursuant to paragraphs 1 to 5 of Article 16g.
(3) A multilingual standard form shall be an annex to an extract issued at the request of a natural person, in accordance with the directly applicable European Union law governing the simplification of requirements for the submission of certain authentic instruments in the European Union10), provided that that person has requested it in the extract application and that the extract does not contain a record of convictions.
(4) Data from the record of the Register of punishments on legal persons listed in the extract are publicly available. '
11. in Article 16b, at the end of paragraph 2, the words "if not for the conviction of a United Kingdom citizen" shall be added.
12. In Title III, the words "THE MEMBER STATES OF THE EUROPEAN UNION 'are replaced by the words" THE EUROPEAN UNION AND THE UNITED KINGDOM'.
13. in Article 16d (1), the words "or the United Kingdom" shall be inserted after the word "unie6";
14. in Article 16d (2), the second sentence is replaced by the sentence "The Register of Penalties shall send the information referred to in paragraph 1 to the competent authority of each State of which it is sentenced by a national."
15. in Article 16d, the following paragraphs 4 and 5 are added:
"(4) The data entry made by the Register of Penalties in the system for the identification of Member States with information on previous convictions of third-country nationals (11) includes dactyloscopic fingerprints of a person who is a national other than a Member State of the European Union, a stateless person or a person whose nationality has not been established if they have been taken down for criminal proceedings or for purposes under the Police Act of the Czech Republic, the General Inspection of Security Corps or the Military Police Act.
(5) For the purpose of fulfilling the obligation of manual verification of the different identities under the directly applicable European Union Regulation establishing a framework for interoperability between the information systems of the European Union12) in the case of hits occurring in the issuing of a data entry pursuant to paragraph 4, the Police of the Czech Republic shall provide the Criminal Register with synergies.
(11) Regulation (EU) 2019 / 816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for identifying Member States with information on convictions of third-country nationals and stateless persons (ECRIS- TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018 / 1726.
12) Regulation (EU) 2019 / 818 of the European Parliament and of the Council of 20 May 2019 establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration, and amending Regulations (EU) 2018 / 1726, (EU) 2018 / 1862 and (EU) 2019 / 816. '
16. At the end of footnote 7, the sentence "Annex 44, Chapter 2, to the Agreement on Trade and Cooperation between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, of 30 April 2021, shall be added to the separate line. '.
17. in Article 16e (1) and (2), the words "from another Member State of the European Union" shall be deleted;
18. in Article 16e (2), 'which Member State of the European Union' is replaced by 'which State';
19. in the first sentence of Article 16f (1), the words "in criminal proceedings and subsequent data entered in the register of another Member State of the European Union on such convictions sent by other Member States of the European Union" shall be replaced by the words "or the United Kingdom in criminal proceedings and the subsequent data entered in the register of such convictions sent to it by that State."
20. § 16g reads:
㤠16g
(1) The criminal record shall request the competent authority to provide information on the final convictions of a natural person for offences and the subsequent data entered in the national record of such convictions, where such information is necessary for the purposes of criminal proceedings or for purposes other than criminal proceedings.
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Regulation Information

CitationAct No. 130 / 2022 Coll., amending Act No. 40 / 2009 Coll., Penal Code, as amended, Act No. 45 / 2013 Coll., on Victims of Crime and on the Amendment of Certain Acts (Act on Victims of Crime), as amended, and certain other laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation27.05.2022
Effective from28.06.2022
Effective until-
Status Valid
Legal Areas: Criminal law Criminal law substantive
Parliamentary Paper: Paper No. 86

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28.03.2023
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