Act No. 170 / 2007 Coll.
Act amending certain laws in connection with the accession of the Czech Republic to the Schengen area
Valid
Law
Effective from 01.09.2007
170
THE LAW
of 7 June 2007
amending certain laws in connection with the accession of the Czech Republic to the Schengen area
Parliament has decided on this law of the Czech Republic:
Amendment to the Code of Criminal Procedure
Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 30 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006 Coll.
1. The following Section 378a is inserted after Section 378:
Schengen Information System
(1) For the purposes of criminal proceedings, law enforcement authorities may obtain data from the information system established by States bound by international agreements on the abolition of checks at common borders and related European Union rules (hereinafter referred to as the Schengen Information System) through the Police of the Czech Republic.
(2) The national member of the Czech Republic in the European Judicial Cooperation Unit (Eurojust National Member) and his assistant have access, through the European Judicial Cooperation Unit (Eurojust), to alerts issued in the Schengen Information System on:
(a) persons wanted for arrest and surrender on the basis of a European arrest warrant or extradition;
(b) missing persons;
(c) persons whose residence is sought for the purpose of service of documents in criminal proceedings;
(d) the matters and property and the means of proof sought to ensure, forfeit or prevent them.
(3) Where the data collected by a national member in Eurojust or his assistant are recorded in the Schengen Information System, the national member in Eurojust shall inform the issuing State without undue delay of this fact.
(4) The national member in Eurojust and his assistant shall, in the course of their activities, be entitled to obtain the data referred to in paragraph 2 and to use the data thus ascertained to the extent necessary for the performance of their tasks; such data shall not be used for any purpose other than that for which they have been ascertained. A State which is not bound by international agreements on the abolition of checks at common borders may only transmit the data obtained with the consent of the State which issued the alert in the Schengen Information System. '
2. In the heading of Section 379, the words "and the exchange of information 'shall be inserted after the word" applications'.
3. Paragraph 379 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
4. In Article 379 (2), the words "or the Police Presidium of the Czech Republic 'shall be inserted after the words" (hereinafter referred to as Interpol)'.
5. In Article 379 (3), the words "or of the Czech Republic 'shall be inserted after the word" Interpol'.
6. in Paragraph 386, the following paragraph 2 is inserted after paragraph 1:
"(2) The sending of a request for provisional custody of the accused authorities of a foreign State shall replace the alert issued in the Schengen Information System for the purpose of the arrest and extradition or transmission of the accused. ';
Paragraph 2 shall become paragraph 3.
7. The following Section 404a is inserted after Section 404:
Taking an alert in the Schengen Information System
An alert issued at the request of the competent judicial authority of a Member State in the Schengen Information System for the purpose of the arrest and transmission of a person containing the information referred to in Article 405 shall have the same effect as the European Arrest Warrant for the purposes of the transfer procedure; the acquisition of such an alert shall also replace the sending of a European arrest warrant to the State in which the person to whom the surrender is sought is located. ';
8. In Article 405 (5), the first and second sentences are replaced by the following: "The European Arrest Warrant shall be served by the court which issued it, the Czech Republic's provisional presidium for the acquisition of an alert in the Schengen Information System for the purpose of the arrest and transfer of a person; a copy of the European Arrest Warrant shall be forwarded simultaneously to the Ministry of Justice. Where the person is known to be present, the court shall deliver the European arrest warrant to the competent authority of the transmitting State in accordance with the law of the transmitting State in the official or one of the official languages of the transmitting State or in another language in which the transmitting State is willing to accept the European arrest warrant. ';
9. In the first sentence of Paragraph 405 (6), "and 5 'is replaced by" up to 6'.
10. In Paragraph 405 (6), the sentence "If the European Arrest Warrant has been revoked, the court shall immediately inform the Police Presidium of the Czech Republic of its cancellation in order to implement the necessary measures."
11. the following Section 408a is inserted after § 408:
For the purpose of assigning an alert prohibiting the detention of a person to an alert issued by a requesting State in the Schengen Information System for the purpose of arrest and transmission, the Supreme Prosecutor may define cases of the same type in which surrender of a person under a European arrest warrant is excluded by reason of a legal obstacle. '
12. In Article 409, the following paragraph 4 is added:
"(4) The Prosecutor shall immediately inform the Police Presidium of the Czech Republic of the return of the European Arrest Warrant pursuant to paragraph 3 in order to implement the necessary measures and subsequently the Ministry of Justice."
13. In the second sentence of Paragraph 411 (11), the words "also the competent department of the Police of the Czech Republic, which has included a person in the search in the Czech Republic 'are replaced by the words" the provisional presidium of the Czech Republic, then also the Ministry of Justice'.
14. In the first sentence of Paragraph 411 (13), "Eurojust 'is replaced by" Eurojust'.
15. In the second sentence of Paragraph 411 (13), the words "the Czech Republic" are deleted.
16. In Paragraph 427, the following paragraph 5 is added:
"(5) If, for the purposes of the service of a document in criminal proceedings, a person in a foreign State is required to search for the place of residence of that person, the court and the preparatory procedure shall ask the prosecutor of the Czech Police to obtain an alert in the Schengen Information System for that purpose. ';
17. After Paragraph 441, the following Section 441a is inserted:
Preliminary securing of the case
(1) If, on the basis of the facts ascertained, it is reasonable to expect a foreign State to request the detention and transmission of a particular item located in the Czech Republic pursuant to § 441, or to issue an order for its detention as evidence or for the purposes of its forfeiture or to prevent it from being forfeited under § 460e or 460i, and in view of its nature, there is a risk that its subsequent detention will be thwarted or made more difficult, the police authority may issue an order for provisional detention. Paragraph 79 applies mutatis mutandis to the preliminary provision of the case.
(2) The issuing of an order for provisional detention shall be notified by the police authority without undue delay by the prosecutor or by the court responsible for processing the request for detention and transmission of the case pursuant to § 441 or for the recognition of the freezing order pursuant to § 460e and 460i.
(3) The provisional detention of the case shall take the necessary time, but no more than 10 days after the issuing of the order for provisional detention. That fact shall be immediately communicated to the foreign State in whose interest the case has been secured, with a view to sending a request for the freezing and transmission of the case without delay or to sending a freezing order. ';
Transitional provision
Until it is possible to transmit through the Schengen Information System all data corresponding to the requirements of the European Arrest Warrant referred to in Section 405 of the Penal Code, an alert issued at the request of the issuing judicial authority of a Member State in the Schengen Information System with a view to the arrest and transfer of a person has the same effect as the European Arrest Warrant. The alert shall have these effects only until the original of the European arrest warrant in writing has been received by the State in which the person to be transmitted is located.
Amendment of the Act on the residence of foreigners in the Czech Republic
Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended by Act No. 140 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 217 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 436 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 559 / 2004 Coll., Act No. 428 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 161 / 2006 Coll., Act No. 165 / 2006 Coll., is amended as follows:
1. In the first sentence of Paragraph 118 (1), the words "and where there is a reasonable risk that it could seriously jeopardise the public policy or the security of the Contracting States, as well as the period of stay for which it is not possible to allow a stranger to enter into the territory of the Contracting States' shall be deleted and the sentence" If there is a reasonable risk that it could seriously jeopardise the public policy or the security of the Contracting States, the police shall inform the alien of the fact that he requests entry into the information system of the Contracting States and shall inform the alien of the consequences of the measure '.
2. In the second sentence of Article 154 (5), the words "data on his name and surname, other names, date and place of birth, sex, citizenship and grounds for identifying a stranger as an undesirable person in the information system of the Contracting States' shall be replaced by the words" data to the extent provided for in the directly applicable legislation of the European Communities 20a '.
Footnote 20a reads:
"(20a) Council Regulation (EC) No 871 / 2004 of 29 April 2004 on the introduction of certain new functions in the Schengen Information System, including the fight against terrorism."
3. The following Section 160a is inserted after Section 160:
Access to the information system of the Contracting States
In accordance with the directly applicable legislation of the European Communities (20a) and the international agreement on the elimination of checks at the common frontiers (5a), they shall have access to the data contained in the information system of the Contracting States.
(a) the Ministry;
(b) Directorate of Foreign and Border Police Service,
(c) the Regional Directorate of the Foreign and Border Police Service and their dislocated offices;
(d) Ministry of Foreign Affairs,
(e) the representative office. ';
4. In Section 163, at the end of point (p), the dot is replaced by a comma and the following points (r) and (s) are added:
"(r) decide to include a stranger in the information system of the Contracting States and to exclude him from that system;
(s) carry out consultations on the issue of visas in accordance with the obligations of the Czech Republic under international agreements on the elimination of checks at common borders. "
Amendment of the Asylum Act
In Act No. 325 / 1999 Coll., on asylum and amending Act No. 320 / 2002 Coll., Act No. 519 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 501 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 57 / 2005 Coll., Act No. 350 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 136 / 2006 Coll., and Act No. 165 / 2006 Coll., Act No. 71a, the following Section 71b is inserted:
Access to the information system of the Contracting States
In accordance with the directly applicable legislation of the European Communities (12b) and the International Treaty on the elimination of checks at the Common Borders (12c), the Ministry has access to data maintained in the information system established by States bound by international agreements on the elimination of checks at the Common Borders and related European Union provisions.
12b) Council Regulation (EC) No 871 / 2004 of 29 April 2004 on the introduction of certain new functions in the Schengen Information System, including the fight against terrorism.
12c) the Convention signed in Schengen on 19 June 1990 between the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands for the implementation of the Agreement signed on 14 June 1985 on the gradual abolition of checks at common borders. '
Footnotes 12b and 12c to date shall be renumbered as footnotes 12d and 12e, including the footnotes.
Amendment to Act No. 217 / 2002 Coll.
In Article VI (1) of Act No. 217 / 2002 Coll., amending Act No. 326 / 1999 Coll., on the residence of foreigners in the territory of the Czech Republic and amending certain laws, as amended by Act No. 140 / 2001 Coll., Act No. 329 / 1999 Coll., Part I of the Act No. 10, which is added to the information in the Czech Republic and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended by the Act on Travel Documents, and Act No. 325 / 1999 Coll., on Asylum and Amendment to the Act No. 283 / 1991 Coll. (Act on Asylum), as amended by the Act No. 2 / 2002 Coll., the words "paragraphs 4 to 6, 9, 10 'are replaced by the words" Points 4 to 6,' and the words "91 in the text which is added to the text;
Amendment to Act No. 428 / 2005 Coll.
In Article 428 / 2005 Coll., amending Act No. 326 / 1999 Coll., on the residence of foreigners in the territory of the Czech Republic and amending certain laws, as amended, and certain other laws, in point 1, the words "39, point 59, as regards Article 46a (2) (b)," shall be deleted and after the words "the Czech Republic," the words "the provisions of Article I (39) and (59) as regards Article 46a (2) (b), which shall take effect on the date of the launch of the Schengen Information System in the Czech Republic," shall be inserted.
Amendment to Act No. 161 / 2006 Coll.
Act No. 161 / 2006 Coll., amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, and certain other laws, are amended as follows:
1. In Article XVI, at the end of point 1, the word "a 'is deleted.
2. In Article XVI (2), the words "point 47 as regards § 46b (2) (c), point 64 as regards § 75 (2) (a), § 75 (3), second and third sentences and § 77 (2) (f), point 65 as regards § 87e (1) (b), § 87e (3), § 87k (1) (e) and § 87k (2) 'and the words" point 101 as regards § 158 (1) (b) (9)' are deleted.
3. In Article XVI, at the end of point 2, the dot is replaced by "a 'and the following point 3 is added:
"3. Article I (47) as regards § 46b (2) (c), point 64 as regards § 75 (2) (a), § 75 (3), second and third sentences and § 77 (2) (f), point 65 as regards § 87e (1) (b), § 87e (3), § 87k (1) (e) and § 87k (2), and point 101 as regards § 158 (1) (b) (9), which take effect on the date of the launch of the Schengen Information System in the Czech Republic, as laid down in the Council of the European Union Decision on the launch of the Schengen Information System in the Czech Republic."
Amendment to Act No. 165 / 2006 Coll.
In Article XXI of Act No. 165 / 2006 Coll., amending Act No. 325 / 1999 Coll., on Asylum, and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended, and certain other acts, the words "the date of abolition of checks at national borders, as laid down in the Council of the European Union Decision on the entry into force of the Convention signed in Schengen on 19 June 1990 between the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands for the implementation of the Agreement signed on 14 June 1985 on the gradual abolition of checks at common borders for the Czech Republic 'shall be replaced by the words" the date of the launch of the Schengen Information System in the Czech Republic as laid down in the Council of the European Union on the launch of the Schengen Information System in the Czech Republic'.
Amendment of the Road Traffic Act
Act No. 361 / 2000 Coll., on road traffic and amending certain laws (Road Traffic Act), as amended by Act No. 60 / 2001 Coll., Act No. 478 / 2001 Coll., Act No. 62 / 2002 Coll., Act No. 311 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 436 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 229 / 2005 Coll., Act No. 411 / 2005 Coll., Act No. 76 / 2006 Coll., Act No. 226 / 2006 Coll., Act No. 264 / 2006 Coll., and Act No. 342 / 2006 Coll., is amended as follows:
1. In Paragraph 116, the words "and shall notify the representative office of the loss, theft, damage or destruction of this driving licence 'shall be added at the end of the text of paragraph 2.
2. in Article 119 (2), the following points (k) and (l) are inserted after point (j):
"(k) registration of lost, stolen, damaged and destroyed driving licences and international driving licences,
(l) records of produced and unissued forms of international driving licences and of produced and unissued forms of certificates of loss, theft, damage or destruction of a driving licence, ';
Points (k) to (m) shall be renumbered as points (m) to (o).
Transitional provision
In the register of lost, stolen, damaged and destroyed driving licences and international driving licences and in the register of produced and unpublished forms of international driving licences and of produced and unissued forms of certificates of notification of loss, theft, damage or destruction of driving licences pursuant to § 119 (2) (k) and (l) of Act No. 361 / 2000 Coll., as effective from the date of entry into force of this Act, only documents declared as lost, stolen, damaged or destroyed from the date of entry into force of this Act and forms produced from the date of entry into force of this Act shall be recorded.
Amendment to the Road Traffic Conditions Act
Act No. 56 / 2001 Coll., on the conditions for the operation of vehicles on the road and amending Act No. 168 / 1999 Coll., on the insurance of liability for damage caused by the operation of a vehicle, and on the amendment of certain related laws (Act on the insurance of liability from the operation of a vehicle), as amended by Act No. 478 / 2001 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 193 / 2003 Coll., Act No. 103 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 411 / 2005 Coll., Act No. 226 / 2006 Coll., Act No. 311 / 2006 Coll., and Act No. 342 / 2006 Coll., is amended as follows:
1. In Article 4, the following paragraph 6 is inserted after paragraph 5:
"(6) The register of road vehicles shall include separate records of lost, stolen, damaged and destroyed road vehicle and trailer registration certificates, road vehicle and trailer technical licences and tables with assigned registration mark and records of cleared forms of registration certificates of the road motor vehicle and trailer and of the technical licence of the road motor vehicle and trailer and of the vehicle registration plates produced and unpublished. ';
Paragraphs 6 to 10 shall become paragraphs 7 to 11.
2. In Paragraph 91 (1), "§ 4 (7) 'is replaced by" § 4 (8)';
Transitional provision
In the register of lost, stolen, damaged and destroyed certificates of registration of a road motor vehicle and trailer, technical licences of a road motor vehicle and trailer and tables with assigned registration mark and in the register of cleared forms of certificates of registration of a road motor vehicle and trailer and a technical licence, and produced and issued vehicle registration plate plates pursuant to Article 4 (6) of Act No 56 / 2001 Coll., as amended by the effective date of entry into force of this Act, only documents or tables with an assigned registration mark declared as lost, stolen, damaged or destroyed from the date of entry into force of this Act shall be recorded.
EFFECTIVE
This law shall take effect on the date laid down in the decision of the Council of the European Union on the launch of the Schengen Information System in the Czech Republic, with the exception of the provisions of Article 4 (1) (a) and (b) of Regulation (EU) No 952 / 2013. I, point 3, which shall take effect on the date of its publication and the provisions of Article XVII, which shall take effect on the date of the abolition of checks at national borders, laid down in the Council of the European Union Decision on the entry into force of the Convention signed in Schengen on 19 June 1990 between the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands for the implementation of the Agreement signed on 14 June 1985 on the gradual abolition of checks at common borders for the Czech Republic.
Wolf
Klaus v. r.
Topolánek v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 170 / 2007 Coll., amending certain laws in connection with the accession of the Czech Republic to the Schengen area |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.07.2007 |
|---|---|
| Effective from | 01.09.2007 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Customs law
Transport
Finance
Information, Data, Data
International law
International private law
International public law
Civil law
Civil law substantive
Civil law of procedure
Commercial law
Industrial rights
Judicial and Public Prosecutor's Office
Administrative law
Administrative procedure
State Territories, State Borders
Telecommunications, Communications, Mail
Constitutional (state) law
Science and research
General internal administration
Fundamental human rights
The regulation text is for informational purposes only.
Comments 0