What is Act No. 204 / 2015 Coll.?

Act No. 204 / 2015 Coll., amending Act No. 200 / 1990 Coll., on Infringements, as amended, Act No. 269 / 1994 Coll., on the Register of Penalties, as amended, and certain other laws — Act amending Act No. 200 / 1990 Coll., on Infringements, as amended, Act No. 269 / 1994 Coll., on the Register of Penalties, as amended, and certain other laws.

When it became Act No. 204 / 2015 Coll. effectiveness?

Act No. 204 / 2015 Coll. became effective 01.10.2016.

Is Act No. 204 / 2015 Coll. still valid?

Yes, Act No. 204 / 2015 Coll. is still valid and effective.

How many times was it Act No. 204 / 2015 Coll. amended?

Act No. 204 / 2015 Coll. has 6 time versions of the text.

Act No. 204 / 2015 Coll. - Act amending Act No. 200 / 1990 Coll., o...

204

THE LAW

of 23 July 2015

amending Act No. 200 / 1990 Coll., as amended, Act No. 269 / 1994 Coll., as amended, and certain other laws

Parliament has decided on this law of the Czech Republic:

ČÁST DRUHÁ

Amendment to the Penal Register Act

Čl. III

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. 345 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 130 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 306 / 2009 Coll., Act No. 357 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 167 / 2012 Coll., Act No. 193 / 2012 Coll., and Act No. 105 / 2013 Coll., is amended as follows:

1. the heading of Part One shall read "GENERAL PROVISIONS."

2. In the second sentence of Article 2 (1), the words "the Register of Penalties' shall be inserted after the words" the register '.

3. Paragraph 2 (2) reads as follows:

"(2) In addition, the criminal record shall keep a record of persons who have been legally recognised by guilty of an offence, where provided for in a specific law, and of persons referred to in Article 10 (1) of the Code of Infringement, who have been legally recognised by guilty conduct having the characteristics of such an offence. The records of infringements do not include data on final decisions on negotiations having the characteristics of an offence committed by a member of the intelligence services of the Czech Republic or by a member of the Police of the Czech Republic selected to perform serious tasks of the Police of the Czech Republic by the Minister of Interior. For the purposes of issuing a copy of the criminal record, the Criminal Register shall be entitled to verify the accuracy of personal data. ';

4. Paragraph 2 (3) reads as follows:

"(3) For the purposes of access to public administration information systems, the criminal record shall be considered to be a body involved in the investigation, detection and prosecution of criminal offences. ';

footnote 1 is deleted, including the footnote reference.

5. Paragraph 2 (5) is deleted.

6. The following Section 2a is inserted after Section 2:

„§ 2a

(1) The criminal record uses the following reference data to exercise its competence from the population base register:

(a) the name and, where appropriate, the name and surname;

(b) the address of the place of stay;

(c) date, place and district of birth; for a natural person who was born abroad, the date, place and state of birth;

(d) the date, place and district of death; the date of death, the place and the State on whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date on which the natural person declared dead did not survive, and the date on which the decision became final,

(e) citizenship and, where appropriate, multiple citizenship.

(2) The Register of Penalties uses the following data for the purpose of exercising its competence from the information system of the population registration system on national citizens of the Czech Republic and former national citizens who have lost their citizenship:

(a) the name and / or the names, surnames and surnames,

(b) date, place and district of birth; for a citizen born abroad, the date of birth, the place and state where the citizen was born,

(c) sex;

(d) birth number,

(e) citizenship and, where appropriate, multiple citizenship;

(f) the address of the place of permanent residence, including the previous addresses of the place of permanent residence and, where appropriate, the address to which the documents are to be served under another legislation;

(g) the beginning of the permanent residence or, where applicable, the date of cancellation of the permanent residence or the date of termination of the permanent residence in the Czech Republic;

(h) the limitation of incapacity, the name and, where applicable, the names, surnames and guardian's birth number; if the guardian has not been assigned a birth number, the date, place and district of birth; where the guardian is appointed by the local authority, the name and address of the registered office;

(i) the name and, where applicable, the name, surname and birth number of the father, mother or other legal representative; where one of the parents or other legal representative is not assigned a birth number, name or, where applicable, name, surname, date of birth; where another legal representative of the child is a legal person, the name and address of the registered office;

(j) the family status, the date, place and district of the marriage, where the marriage was concluded outside the territory of the Czech Republic, the place and state, the date on which the court's decision on the declaration of marriage was annulled, the date on which the court's decision on the absence of marriage became final, the date on which the marriage was terminated by the death of one of the spouses, or the date on which the court's decision on the death of the marriage was declared dead, or the date on which the court's decision on divorce of the marriage was acquired,

(k) the date and place of the establishment of the registered partnership, the date on which the court's decision on the invalidity of a registered partnership or the absence of a registered partnership, the date on which the registered partnership was terminated by the death of one of the registered partners, or the date on which the court's decision on the death of one of the registered partners became final, and the date on which the registered partner declared dead, or the date on which the court's decision on the revocation of the registered partnership became legally competent;

(l) the name and, where appropriate, the name, surname and birth number of the spouse or registered partner; if the spouse or registered partner is a natural person who is not assigned a birth number, the name or, where applicable, the name, surname and date of birth of the spouse or registered partner;

(m) the name and, where appropriate, the name, surname and birth number of the child; if the child is a stranger who is not assigned a birth number, the name and, where applicable, the name, surname of the child and the date of birth;

(n) the data to the extent that:

1st stage of adoption,

2. the original and the new name, if any, the names, names of the adopted person;

3. the original and new birth number of the ova,

4. date, place and district of birth,

5. the birth number of the adopters; in the event that the acquirer has not been assigned a birth number, the name and, where applicable, the names, surnames and date of birth of the acquirer;

6. birth numbers of the father and mother; if they have not been allocated, their name and, where appropriate, their names, surnames and date of birth;

7. the date on which the adoption or revocation decision becomes final;

(o) the date indicated in the decision of the court on the declaration of the missing person as the date on which the publication of the missing person declaration took effect and the date on which the decision of the court on the missing person declaration was acquired;

(p) the date, place and district of death; If a citizen is killed outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred shall be provided;

(q) the date given in the court's decision on the death declaration as the day of death, or the day which the citizen declared dead did not survive,

(r) a record of the provision of data.

(3) The criminal record register uses the following data for the purpose of exercising its competence from the population information system:

(a) the name and, where appropriate, the name and surname;

(b) the birth number; if not allocated, date of birth.

(4) In order to exercise its competence, the criminal record uses the register of birth numbers:

(a) the name and / or the names, surnames and surnames,

(b) birth number,

(c) in the case of a change in the birth number of the original birth number,

(d) the day, month and year of birth;

(e) place and district of birth; for a natural person born abroad, the State on whose territory he was born.

(5) The Register of Penalties uses the following information to exercise its competence from the information system of the registration of civil certificates:

(a) the name and, where appropriate, the name and surname;

(b) birth number,

(c) place and district of birth, where born abroad, place and state;

(d) the number or series of identity cards, where applicable;

(e) the date of issue and the date of receipt of the identity card;

(f) the designation of the office which issued the identity card;

(g) the expiry date of the identity card;

(h) the numbers and, where applicable, the series of lost, stolen, destroyed or invalid identity cards and the date on which the loss, theft or destruction of the identity card is declared;

(i) the number of the certificates issued, their period of validity and the designation of the office which issued them.

(6) The criminal record uses the following information to exercise its competence from the travel document registration information system:

(a) the name and, where appropriate, the name, surname and birth number;

(b) the place and district of birth, in the case of foreign birth, the State of birth;

(c) the number and type of travel document issued;

(d) the date of issue of the travel document;

(e) the date of receipt of the travel document;

(f) the expiry date of the travel document;

(g) an indication of the issuing authority;

(h) the number, type, date of issue and the expiry date of the travel document lost, stolen or invalidated and the date and place of its loss or theft.

(7) The criminal record uses the following data to exercise its competence from the alien information system:

(a) the name and / or the names, surnames and surnames,

(b) the date of birth;

(c) sex;

(d) the place and state where the alien was born; where the alien was born in the territory of the Czech Republic, the place and district of birth,

(e) birth number,

(f) citizenship or nationality, where appropriate;

(g) the type and address of the place of residence in the Czech Republic,

(h) the number and validity of the residence permit;

(i) the beginning of the stay or, where appropriate, the date of termination of the stay;

(j) the restriction of jurisdiction;

k) expulsion and the period during which entry into the Czech Republic is not allowed,

(l) the status of the family, the date and place of the marriage, the date on which the court's decision to declare the marriage null and void was taken, the date on which the court's decision on the absence of marriage was taken, the date of the death of one of the spouses' death, or the date on which the court's decision on the death of one of the spouses' death was taken, or the date on which the court's decision on divorce was taken,

(m) the date and place of the establishment of the registered partnership, the date on which the court's decision on the invalidity of the registered partnership or the absence of a registered partnership, the date of the death of one of the registered partners, or the date on which the court's decision on the death of one of the registered partners was taken, or the date on which the registered partner declared dead, or the date on which the court's decision on the revocation of the registered partnership was taken, became final;

(n) the name and, where applicable, the name, surname of the spouse or registered partner and his birth number; if the spouse or registered partner is a foreigner who is not assigned a birth number, the name and, where applicable, the name, surname and date of birth;

(o) the name and, where applicable, the name of the child, if he is a stranger, and his / her birth number; where the child has not been assigned a birth number, the name and, where applicable, the names, surnames and date of birth;

(p) the name and, where applicable, the name of the father, mother or other legal representative, if any, and their birth number; where one of the parents or other legal representative is not assigned a birth number, name or, where applicable, names, surname and date of birth;

q) about the adopted, if he is a stranger,

1st stage of adoption,

2. the original and the new name, if any, the names, names of the adopted person;

3. the original and new birth number of the ova,

4. date, place and state of birth;

5. Observer's birth numbers, in the event that the acquirer has not been assigned a birth number, name details, names, surname and date of birth;

6. birth numbers of the father and mother; where they have not been allocated, the names, surnames and date of birth,

7. the date on which the adoption or revocation decision becomes final;

(r) the date indicated in the decision of the court on the declaration of the missing person as the date on which the publication of the missing person's declaration took effect and the date on which the decision of the court on the missing person's declaration was acquired;

(s) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,

(t) the date on which the decision of the court to declare himself dead was referred to as the day of death, or the day on which the alien declared dead did not survive;

(u) name (s) and / or surname (s)

1. an elderly child of a stranger,

2. a minor alien who has been assigned by decision of the competent authority to foster family care or who has been authorised to reside in the territory of the Czech Republic or his spouse or whose guardian or spouse is a stranger,

3. a lonely stranger over 65 years of age or regardless of the age of a stranger who is unable to take care of himself for health reasons if the family is merged with a parent or child with a right to stay in the Czech Republic,

4. a stranger who is an unfurnished direct relative in the ascending or descending line or such a relative of a citizen of the European Union,

5. parents of a minor alien who has been granted international protection or temporary protection under special legislation and his / her birth number; if there are foreigners who are not assigned a birth number, the name and, where applicable, the names, surnames and date of birth.

(8) Data which are kept as reference data in the population base register shall be used from the population registration information system, the civil registration information system, the travel document registration information system or the alien information system only if they are in the form preceding the current situation. Only such data as are necessary to fulfil the task may be used from the data provided in a particular case. Information system administrators provide the Penal Register with the necessary synergies.

(9) The data referred to in paragraphs 1 to 7 shall be provided in electronic form in such a way as to allow remote and continuous access. Where the data referred to in paragraphs 1 to 7 have been amended, the Register of Penalties shall be provided with data on those changes, including the data on which those changes occurred.

(10) The criminal record may, for the purposes of carrying out tasks under this Act, further transmit, sort or combine the data provided for it under paragraphs 1 to 7, or block it, if it finds that the data provided are incorrect; The Ministry of the Interior or the Police of the Czech Republic shall immediately inform the Ministry of Justice of the finding of inaccurate data, which shall correct, supplement or dispose of the information after examination. "

7. The following shall be inserted after Section 2a:

„ČÁST DRUHÁ

EVIDENCE OF PRESENT REGISTER '.

Parts second to fourth shall be referred to as parts third to fifth.

8. The following shall be inserted after the title of Part Two:

„HLAVA I

CONTENTS OF THE REGISTER OF PRESSURE '.

9. In Part Two, the following Section 2b is inserted after the title of Title I:

„§ 2b

The register of punishments is part of the record

(a) convictions;

(b) conditional cessation of criminal prosecution;

(c) conditional postponement of the application for punishment;

(d) settlement; and

(e) withdrawal from prosecution. ';

10. Paragraph 3 (4), including footnotes 1c to 1e, is deleted.

11. in § 5, the words "in § 4 (2) and (3) and § 4a (3)" shall be deleted;

12. Article 6a shall be deleted, including footnote 2c.

13. Article 7 shall be deleted;

14. In Paragraph 9a, the first sentence is deleted.

15. In Paragraph 9a, the words "conditional postponement of the application for punishment 'are inserted after the word" registration'.

16. The designation and the heading of Part Three shall be deleted and Part Four and Part Five shall be renumbered as Parts Three and Four shall be deleted.

17. the following shall be inserted after Section 9a:

„HLAVA II

COPY, PIECE AND OTHER INFORMATION FROM THE EVIDENCE OF THE PRESENT REGISTER '.

18. Paragraph 10 (4) is deleted.

Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.

19. In Paragraph 10 (4), the first sentence is replaced by the following: "The copy shall contain all the particulars of each conviction of the person to whom the copy relates and all the data of the conduct of the criminal proceedings and safeguard measures, including those of the convictions of foreign and international courts, which are regarded as convictions of the courts of the Czech Republic. The copy shall include details of the destruction of the conviction of a natural person or the cessation of the effects of the conviction of a legal person. ';

20. The following Section 11aa, including footnote 9, is inserted after Section 11a:

„§ 11aa

(1) An application for an extract concerning the applicant may also be submitted via the public administration portal (9) by a data message with a verified identity of the applicant in a manner that allows the applicant to register in his data box. After verifying the facts referred to in Article 11 (2), the administrator of the public administration portal shall send the Register of Penalties a request for an extract in electronic form, signed by a recognised electronic signature or marked by a recognised electronic mark in accordance with a special legislature5). In the same way, the Penal Register shall send him an extract signed by the recognised electronic signature (5) immediately upon receipt of the request; This does not apply where the identity of the applicant needs to be further examined for the purpose of issuing the extract, in particular by comparing the data in the extract application with the data kept in the population base register, or if the Register of Penalties cannot draw up an annex to the extract in accordance with § 13 (2) or (3) immediately upon receipt of the request. The Register of Penalties shall immediately inform the administrator of the public administration portal which sent the request and indicate the expected date of the extract.

(2) The administrator of the public administration portal shall send the extract in electronic form to the applicant in his data box. Where the identity of the applicant referred to in paragraph 1 needs to be verified for the purpose of issuing the extract or where it is not possible to draw up an annex to the extract as referred to in Article 13 (2) or (3) without delay, the administrator of the public administration portal shall inform the applicant thereof and shall notify him of the date on which the extract is to be issued.

(3) The administrator of the public administration portal uses the data referred to in § 2a (1) (a) to (c) and (e), § 2a (2) (a) to (e) and § 2a (7) (a) to (f) for the exercise of its competence under this law. Paragraph 2a (8) and (9) shall apply mutatis mutandis.

9) § 6f of Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended. "

21. in Article 11b (1) and (2), the word 'six' is replaced by 'two';

22. In Article 11b, at the end of the text of paragraphs 1 and 2, the words "or in the form of a document made up of an application in paper form by an authorised conversion of documents or by any other procedure guaranteeing the authenticity of the origin of the document, the integrity of its contents, the legibility of the document and the security of the transfer process' shall be added.

23. in 11b, the following paragraph 4 is added:

"(4) The administrator of the public administration portal shall keep a register of requests for extracts submitted pursuant to § 11aa in electronic form. The record shall record the date and time of the request for an extract and the person requesting an extract. ';

24. In Article 13, the words "if another Member State of the European Union sends them to the Register of Penalties' shall be added at the end of the text of paragraph 2.

25. In Paragraph 13, the words "and if the other Member State of the European Union sends them to the Criminal Register 'shall be added at the end of the text of paragraph 3.

26. In Article 13, the following paragraph 4 is added:

"(4) Data from the record of the Register of punishments on legal persons listed in the extract are publicly available."

27. in Article 14, the words "and for inspection of the copy referred to in Article 10 (4)" shall be deleted.

28. In Article 15 (2), the words "its content, including the content of its annexes, the record of the date and time allowed to be consulted on the copy referred to in Articles 10, 11, 11a and 12 'are replaced by the words" and its content, including the content of its annexes, pursuant to Articles 10, 11, 11a, 11aa and 12'.

29. In Paragraph 15, the following sentence is added at the end of paragraph 2: "A record of the date, time and reason for processing of personal data contained in the Register of Penalties and data on the person who processed the personal data shall be kept in the register. The records referred to in the first and second sentences, including records of the content of the copy or extract issued and the content of its annexes, shall be kept in the register for a period of 10 years from the date of implementation. ';

30. In Article 15a (1) of the final part of the provision, the words' or, except for making this entry available to the competent authority for the purpose of providing registration protection or intelligence services' shall be inserted after the words' above the processing of personal data under a specific legislation '.

(31) In Paragraph 15a, the sentence "Where a written declaration on the basis of which the data provision record referred to in paragraph 1 has been made is made available in accordance with paragraph 3 in other registers or information systems, the notification referred to in the first sentence shall also apply to those registers and information systems."

32. in Article 15a, the following paragraphs 3 to 5 are added:

"(3) Where the Register of Penalties verifies the accuracy of personal data in the registers and information systems referred to in Section 2a, a written declaration shall be valid on the basis of which the data provision record referred to in paragraph 1 has been made inaccessible, as well as in those registries and information systems, if the registries and information systems so permit.

(4) The declarations and notifications referred to in paragraphs 1 and 2 may also be sent by electronic means.

(5) At the request of the Police of the Czech Republic or of the Ministry of Interior, the Register of Penalties shall, in order to provide evidence protection, issue information on the statement or copy, including the information at whose request it is made. The information referred to in the first sentence and the request for extradition shall be transmitted in electronic form in a way which allows remote access. ';

33.

„§ 16

Applications for a copy or extract shall be submitted by means of an electronic application accessible in a way that allows remote access or on a form the details of which are provided for in the implementing legislation. The form shall be published in a manner that allows remote access to the Register of Penalties. ';

34. in Article 16a (1), the words "and the inspection of copies" shall be deleted;

35. in Article 16a (2), the words' and, depending on the nature of the application 'shall be replaced by' and the extract shall be sent to it in paper form; at the request of that person, he shall send it an extract in electronic form. 'and points (a) and (b) shall be deleted.

36. In Article 16c, the following sentence is added at the end of paragraph 3: "A record of the date, time and reason of processing of personal data contained in the file storage room and of the person who processed the personal data shall be made in the documentation storage room. The records referred to in the first and second sentences shall be kept in the storage room of the documentation for a period of 10 years from the date of implementation. ';

37. The designation and heading of Part Three shall be deleted and Part Four shall be renumbered as Part Three.

38. The following shall be inserted after Section 16c:

„HLAVA III

TRANSMISSION OF INFORMATION ON PARTICIPATION WITH MEMBER STATES OF THE EUROPEAN UNION '.

39. in Article 16e (1), "6" is replaced by "5."

40. in Article 16g (2) and (3), the words "§ 11 or 11a" are replaced by "§ 11, 11a or 11aa."

41. the following Part Three is inserted after Part Two:

„ČÁST TŘETÍ

TRANSFER EVIDENCE

Citation	Act No. 204 / 2015 Coll., amending Act No. 200 / 1990 Coll., on Infringements, as amended, 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	17.08.2015
Effective from	01.10.2016
Effective until	-
Status	Valid

Act No. 204 / 2015 Coll.

Act amending Act No. 200 / 1990 Coll., on Infringements, as amended, Act No. 269 / 1994 Coll., on the Register of Penalties, as amended, and certain other laws

Contents

ČÁST DRUHÁ

Čl. III

„§ 2a

„ČÁST DRUHÁ

„HLAVA I

„§ 2b

„HLAVA II

„§ 11aa

„§ 16

„HLAVA III

„ČÁST TŘETÍ

§ 16i

Contents

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