Act No. 269 / 1994 Coll.
Law on criminal records and criminal records
Valid
Law
Effective from 01.01.1995
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269
THE LAW
of 14 December 1994
on criminal records and criminal records
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
(1) The Register of Penalties is a public administration information system containing data on natural and legal persons (hereinafter referred to as "person") who are legally convicted by the courts in criminal proceedings, as well as information on other relevant facts for criminal proceedings, where provided for by this or other law. Data from the criminal record are used for the need for criminal, civil or administrative proceedings and for proof of integrity. The registry administrator shall be the Ministry of Justice ("the Ministry ').
(2) The Ministry is also the administrator of the criminal record, which is a public administration information system containing data on persons who have been found to have been guilty of an offence, where provided for in specific legislation, and on persons referred to in Section 4 (5) of the Act on Liability for and Proceedings of Infringements which have been found to have been guilty of acts of such an infringement. The record of offences does not include data on final decisions on negotiations having the characteristics of an offence committed by a member of the Czech intelligence service or by a member of the Czech Police Department selected to perform serious tasks of the Police of the Czech Republic by the Minister of Interior.
(1) In the exercise of its competence under this Act, the Ministry shall process personal data to the extent necessary; In doing so, it shall be deemed to be the authority responsible for carrying out the tasks provided for by the law in order to prevent, seek and detect crime, prosecute criminal offences, carry out criminal penalties and protective measures, ensure the security of the Czech Republic or ensure public order and internal security, including the search for persons and things.
(2) For the purposes of administering the criminal record and issuing copies from the criminal record ("the copy '), the criminal record extracts (" the extract') or the criminal record copy, the Ministry is entitled to verify the accuracy of personal data.
(3) The protection of personal data processed by the Ministry for the exercise of its competence under this Act in the field of the prevention, search and detection of criminal offences and the prosecution of criminal offences, the execution of criminal penalties and protective measures, the security of the Czech Republic, public order and internal security, including the search for persons and objects, is ensured by the Data Protection Officer designated under the Code of Criminal Procedure.
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CONTENTS OF THE PRESENT REGISTER
The criminal record shall include:
(a) convictions;
(b) conditional cessation of criminal prosecution;
(c) conditional postponement of the application for punishment;
(d) settlement; and
(e) withdrawal from prosecution.
Evidence of conviction
(1) The criminal record contains data from criminal records of all persons legally convicted by the courts of the Czech Republic.
(2) The criminal record also includes data on persons who have been convicted by the courts which have been collected in accordance with the previous rules in force and data on persons who have been convicted under an international agreement with the Slovak Republic.
(3) For the purposes of this Act, a criminal record shall mean a notification to a court containing information on:
(a) a sentenced person not to be interchangeable with another person, including an indication of his or her nationality, if not only a national of the Czech Republic, or information that he or she is a stateless person or that his or her nationality has not been established;
(b) the court and the criminal record mark;
(c) the decision on guilt, punishment and safeguard measures and their execution;
(d) the decision of the court in the case of suspension or suspension of the sentence or suspension of the remainder of the sentence;
(e) the grant of mercy,
(f) participation of the sentenced in amnesty;
(g) the destruction of convictions.
(1) Data on convictions are also recorded in the criminal record
(a) by the foreign court, where the court has decided to recognise the decision of such a court under a special law and the recognised decision has been given by the foreign court for the offence and under the law of the Czech Republic,
(b) by an international criminal court, an international criminal tribunal or, where appropriate, a similar international judicial authority (hereinafter referred to as the "international court") which fulfils at least one of the conditions laid down in Paragraph 145 (1) (b) or (c) of the Act on International Judicial Cooperation in Criminal Matters, where recognition of its decision has been decided by the court under the Law on International Judicial Cooperation in Criminal Matters;
(c) an international court which fulfils at least one of the conditions laid down in Paragraph 145 (1) (a) of the Act on International Judicial Cooperation in Criminal Matters as regards the conviction of a citizen of the Czech Republic, a stateless person who is authorised to reside in its territory, a legal person who has his registered office in the Czech Republic or has an undertaking or organisational component in the Czech Republic, or at least carries his or her assets there, or another person who carries out a sentence imposed by such an international court in the Czech Republic.
(2) The Supreme Court, acting on a proposal from the Ministry, shall decide that information shall be recorded in the criminal record of a citizen of the Czech Republic by a court other than a Member State of the European Union, if not a conviction by a court of the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as "the United Kingdom '), or by an international court which fulfils at least one of the conditions laid down in Section 145 (1) (b) or (c) of the Act on International Judicial Cooperation in Criminal Matters, if the conviction relates to an offence which is criminal even under the law of the Czech Republic, and the entry in the criminal record is justified by the seriousness of the offence and the type of penalty imposed for it.
(3) The Supreme Court, acting on a proposal from the Ministry, shall decide to record in the criminal record any other conviction of a stateless person authorised to reside on the territory of the Czech Republic, or a legal person having his registered office in the Czech Republic or having an undertaking or organisational component located in the territory of the Czech Republic, or at least carries his or her property there, if the conviction is by a foreign court or international court which fulfils at least one of the conditions laid down in § 145 (1) (b) or (c) of the law on international judicial cooperation in criminal matters, and if the conviction relates to an act which is criminal even under the law of the Czech Republic, and the entry into the criminal record is justified by the seriousness and the nature of the offence and the type of punishment which has been imposed for him.
(4) Where information on the conviction of a citizen of the Czech Republic, a stateless person authorised to reside on its territory or legal persons referred to in paragraph 2 or 3 has been entered in the criminal record and the court pursuant to the Act on International Judicial Cooperation in Criminal Matters subsequently decides on the recognition of such a decision, the Supreme Court shall, on the initiative of that court, revoke its prior decision on the recording of data on convictions; In such a case, the Ministry only records the recognition decision.
(5) The decision of the foreign court or international court recorded in the criminal record referred to in paragraphs 1 to 3 shall be treated as a conviction by the court of the Czech Republic.
(1) The criminal record shall also include data on the final convictions of citizens of the Czech Republic by the courts of another Member State of the European Union or of the United Kingdom in criminal proceedings and data relating to those convictions on the basis of information sent by those States.
(2) Where the Ministry is informed by another Member State of the European Union or by the United Kingdom of a change in the data referred to in paragraph 1, it shall make such change in the criminal record.
The courts shall immediately forward to the Ministry the criminal records of persons convicted of the offence and communicate any other relevant facts for the entry in the criminal record or for the change of registration. The same shall apply to prosecutors when taking decisions which are registered under a special law. 2b)
Data on persons who have been legally convicted shall be kept for 100 years from:
(a) the birth of the natural person concerned;
(b) the final conviction of the legal person concerned; or
(c) the power of other matters relevant to criminal proceedings registered in accordance with Paragraph 1 (1) concerning a legal person.
Evidence of conditional cessation of criminal prosecution
(1) The courts, prosecutors and the Office of the European Public Prosecutor are required to send to the Ministry without delay reports on the suspension of criminal proceedings, the period during which the decision to pursue an activity which is subject to an obligation has been taken before the legal power of the accused, in connection with a criminal offence withdrawn under a specific law or by a decision or measure of a State authority, no longer allowed him to pursue that activity until he has committed to abstain from a particular activity, that the remainder of the obligation to refrain from the trial period of the suspension of a particular activity will not be exercised, that the suspension of the criminal proceedings should no longer be exercised, as well as well as an additional report as soon as the relevant decision becomes legal.
(2) The report shall indicate the court, prosecutor or European Public Prosecutor's Office, the date of the decision and the file number under which the proceedings are conducted, the type of decision and, in the event of a suspension of criminal prosecution, the legal qualification of the offence to which the decision relates and the date of expiry of the trial period.
Data obtained in accordance with the procedure laid down in Section 8 shall be removed from the register as soon as the additional report has been received; If no such report is received by the Ministry, the data shall be removed from the register within one year of the end of the probationary period of the suspended prosecution.
Registration of conditional postponement of the application for punishment
When sending data to the register of conditional postponement of the application for punishment and their elimination shall be treated mutatis mutandis in accordance with Sections 8 and 9.
COPY, COPY AND OTHER INFORMATION FROM THE PRESENT REGISTER
(1) The Ministry shall issue a copy upon request
(a) an authority active in criminal proceedings for the purposes of criminal proceedings;
(b) The Office of the President of the Republic, if a copy of the person in respect of whom the Office of the President of the Republic is conducting proceedings for a request for pardon or for an appointment or application for appointment to the office of President of the Republic,
(c) the foreign judicial authority, provided that this law or the declared international treaty is so established by the Czech Republic;
(d) an international court which fulfils at least one of the conditions set out in Paragraph 145 (1) (a) of the Act on International Judicial Cooperation in Criminal Matters and its bodies; or
(e) to another authority or person where specific legislation so provides.
(2) The Ministry may use a copy concerning the person in respect of whom it carries out the procedure for:
(a) complaints for infringements;
(b) the application of the President's decision on amnesty; or
(c) requests for mercy.
(3) The Ministry may also use a copy
(a) in carrying out the acts to which it is competent under the Act on International Judicial Cooperation in Criminal Matters or under the Declared International Agreement to which the Czech Republic is bound;
(b) if they are acting before a court in matters relating to the exercise of their jurisdiction under this law; or
(c) representing the Czech Republic in the handling of complaints concerning breaches of the Convention on the Protection of Human Rights and Fundamental Freedoms and its Protocols concerning the exercise of its competence under this Act.
(4) The copy shall include all information on each conviction of the person to whom the copy relates and all information on the conduct of the criminal proceedings and safeguard measures, including data on convictions by foreign and international courts, which are regarded as convictions by the courts of the Czech Republic. The copy shall include details of the destruction of a natural person's conviction or the cessation of the effects of a legal person's conviction. The copy shall include data from the record of the suspension of criminal prosecution, the suspension of the application for punishment and other relevant facts for criminal proceedings, where provided for in specific legislation.2b)
(5) The specific part of the copy shall include the data recorded in the criminal record in accordance with § 4a except for biometric data. Where a copy is issued for purposes other than criminal proceedings, the specific part of the copy shall not include the data recorded in the criminal record referred to in Article 4a, the transmission of which has been excluded by the condemning Member State of the European Union or the United Kingdom for that purpose. For data on convictions by a court of another Member State of the European Union or of the United Kingdom recorded in the criminal record pursuant to Article 4a, it shall be indicated in a separate section of the copy whether the conviction is regarded as a conviction by the court of the Czech Republic as a result of recognition of a decision of another Member State of the European Union or of the United Kingdom issued for an offence under the law of the Czech Republic; for such convictions, it shall also be indicated whether it has been destroyed in accordance with a specific legislation.
(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 if, at the request of the Ministry, another Member State of the European Union or the United Kingdom sends them to the Ministry, in accordance with § 16g (1) to (3).
(1) At the written request of the natural person whose identity has been verified, an extract relating to that person shall be issued. The extract shall be issued on presentation of the power of attorney with the official signature of the agent and of the agents of that person, or in the context of the provision of legal assistance to the lawyer. An extract relating to a legal person shall be issued to any person at his written request.
(2) The accuracy of the information contained in the written extract request and the identity of the person requesting the extract concerning the natural person shall be verified free of charge by:
(a) representative offices of the Czech Republic abroad, or
(b) authorised personnel of the Ministry.
(3) The authorities referred to in paragraph 2 (a), after verifying the accuracy of the data, do not return the application to the applicant but send it to the Ministry.
(1) Where a written request for an extract pursuant to Article 11 (1) is submitted to the contact point of the public administration (4a), the person who made the application shall receive an extract for a waiting period unless he expressly requests the application to be processed in accordance with the procedure laid down in Article 11 or unless otherwise specified.
(2) The contact point of the public administration (4a) shall, upon receipt of the request for an extract, verify the accuracy of the information contained in the written request for an extract, the identity of the person requesting an extract concerning the natural person and the fact that a fee has been paid for the receipt of the request for an extract referred to in Section 14.
(3) After verifying the facts referred to in paragraph 2, the contact point of the public administration (4a) shall send the Ministry a request for an extract in electronic form. In the same way, the Ministry shall send him an extract immediately upon receipt of the request; This does not apply if, for the purpose of issuing the extract, it is necessary to further verify the identity of the person requesting the extract concerning the natural person, in particular by comparing the data in the extract request with the data kept in the basic population register, or if the Ministry cannot, immediately after receipt of the request, produce an annex to the extract pursuant to § 13 (3) or (4). The Ministry shall immediately inform the contact point of the public administration (4a) which sent the application and indicate the expected date of the extract.
(4) The public administration contact point (4a) issues an extract in paper form to the person who made the request for an extract immediately upon receipt from the Ministry. Where, for the purposes of issuing an extract, the identity of the person requesting the extract is necessary in accordance with paragraph 3 or if it is not immediately possible to draw up an annex to the extract in accordance with Paragraph 13 (3) or (4), the point of contact of the public administration (4a) shall communicate this fact to the person who made the extract request and shall notify the person who made the extract after the expected date of issue of the extract when the extract can be collected.
(1) An application for an extract concerning the applicant may also be submitted via a public administration portal (9) using a guaranteed identity approach. After verifying the facts referred to in § 11 (2), the administrator of the public administration portal shall send a request for an extract in electronic form to the Ministry. In the same way, the Ministry shall send him an extract immediately upon receipt of the request; This does not apply if, for the purposes of issuing the extract, it is necessary to further verify the identity of the applicant, in particular by comparing the data in the extract application with the data kept in the population base register, or if the Ministry cannot draw up an annex to the extract in accordance with Paragraph 13 (3) or (4) immediately upon receipt of the request. The Ministry 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 make the extract available to the applicant in electronic form through the public administration portal. Where, for the purposes of issuing an extract, the identity of the applicant referred to in paragraph 1 needs not be checked or the annex to the extract referred to in Article 13 (3) or (4) cannot be drawn up without delay, the administrator of the public administration portal shall communicate this fact to the applicant and shall inform the applicant, following the expected date of issuing the extract, when it shall be made available to him via the public administration portal.
(1) The Ministry shall keep, in accordance with specific legislation5a), requests for an extract concerning a natural person submitted pursuant to Paragraph 11, including full powers with an officially certified signature of the principal attached to the applications, for a period of two years from the submission of the application, either in paper or electronic form, or in the form of a document drawn up from the application in paper form by an authorised conversion of documents or by any other procedure guaranteeing the authenticity of the document, the integrity of its contents, the legibility of the document and the security of the transfer process.
(2) The contact point of the public administration (4a) shall keep, in accordance with specific legislation5a), written requests for an extract relating to a natural person submitted pursuant to Paragraph 11a, including full powers with the official signature of the principal attached to the application, for a period of two years from the submission of the application, in paper or electronic form, or in the form of a document drawn up in paper form by an authorized document conversion or other procedure guaranteeing the authenticity of the document, the integrity of its contents, the legibility of the document and the security of the transfer process.
(3) The contact point of the public administration (4a) shall keep a register of requests for extracts concerning a natural person submitted pursuant to Paragraph 11a, either in paper or in electronic form. The record shall record the date and time of the application for an extract and, where the application is submitted by an agent or lawyer, it shall also be recorded that the application is accompanied by a power of attorney with the official signature of the principal. In addition, it shall be indicated who is requesting and accepting an extract concerning a natural person.
The extract shall also be issued at the request of a court or public prosecutor for purposes other than criminal proceedings and an administrative authority for the purposes of infringement proceedings and administrative proceedings in which proof of integrity or credibility is required. For other purposes, an extract may be issued, provided that this law or specific legislation so provides.
(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 criminal record according to § 4a, which is not seen as condemnation by the courts of the Czech Republic.
(2) An annex to the statement concerning a citizen of the Czech Republic is the information on his final convictions by the courts of another Member State of the European Union or of the United Kingdom and the data relating to those convictions entered in the criminal record pursuant to § 4a, not the conviction which, according to the subsequent data sent, has been destroyed in that State or any other fact for which the perpetrator is regarded as not being convicted, the conviction which he sees as a conviction by the court of the Czech Republic, or the conviction which he has ruled out for purposes other than criminal proceedings.
(3) An annex to the extract shall 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, at the request of the Ministry, another Member State of the European Union or the United Kingdom sends them to the Ministry pursuant to § 16g (1) to (5).
(4) 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.
(5) Data from the criminal record of legal persons appearing in the extract are publicly available.
A fee shall be paid for the issuing of an extract pursuant to Articles 11 (1) and 11a (1) in accordance with a separate Regulation.
(1) The extract and the copy are a public instrument.
(2) The criminal record shall record the date and time of issuance of the extract or of the copy and its contents, including the content of its annexes, in accordance with Sections 10, 11, 11a, 11aa and 12, and shall indicate to whom the data have been provided. The criminal record shall also record the date, time and reason of processing of personal data contained in the criminal record and the person who processed the personal data. The records referred to in the first and second sentences, including the content of the copy or extract issued and the content of its annexes, shall be kept in the criminal record for a period of 10 years from the date of its implementation.
(3) A record of the person to whom the data have been provided shall not be entered in the criminal record if an extract relating to a legal person is issued.
(1) Where the data necessary for the provision of the criminal record have been provided
(a) State security;
(b) defence;
(c) public security, including the search for persons and objects;
(d) the prevention, investigation, detection and prosecution of criminal offences;
(e) the enforcement of penalties and safeguard measures;
(f) infringement, disciplinary action or conduct with signs of infringement;
(g) the significant economic or financial interest of the Czech Republic or of the European Union, including monetary, budgetary and fiscal matters; or
(h) the protection of data subjects or the rights and freedoms of others;
and the authority to which such data have been provided shall state in writing that disclosure of the data provision alert endangers the provision of any purpose referred to in points (a) to (h), for the duration of that threat, the information on the processing of personal data by a natural person under a specific law may not be made available, except for the disclosure of that alert to a criminal authority, if the offence related to the provision of data or to the supervision of the processing of personal data under a specific law, or with the exception of making that alert available to the competent authority for the provision of registration protection or intelligence services; The Ministry shall have access to this data-provision record only to the extent strictly necessary for the purpose of carrying out the activities of the information system administrator under specific legislation.
(2) The authority to which data from the criminal record is to be provided pursuant to paragraph 1 is required to notify the Ministry of the data enabling it to be identified and identified by a natural person requesting the provision of data on its behalf and to notify without delay that the threat to the purpose referred to in paragraph 1 (a) to (h) has ceased to exist. Where a written declaration on the basis of which the data provision record referred to in paragraph 1 has been made inaccessible has also been applied in accordance with paragraph 3 in other registries or information systems, the notification referred to in the first sentence shall also apply to such registries and information systems.
(3) Where the Ministry verifies the accuracy of personal data in registries and information systems, 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, where the registries and information systems allow.
(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 Ministry shall, in order to provide registration protection, provide information on the issue of an extract or copy, including the information to whom the data have been provided. The information referred to in the first sentence and the request for extradition shall be transmitted in electronic form in a way that allows remote access.
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 by the Ministry in a manner that allows remote access.
(1) Criminal records and reports of the Court of Justice, the Prosecutor's Office or the European Public Prosecutor's Office may be transmitted electronically.
(2) Copies or extracts to courts, law enforcement authorities or national member of Eurojust and to other public authorities and other public authorities for administrative purposes, and requests for them, shall be transmitted in electronic form, in a manner enabling remote access through a reference interface, unless otherwise provided for by a specific law. The copy or extract shall be issued by the Ministry without undue delay.
(3) Where the method of transmission referred to in paragraph 1 or 2 is not possible, copies or extracts and requests thereof shall be transmitted by other means enabling their authenticity to be verified.
The Ministry of Finance shall forward to the Ministry of Finance information on the destruction of convictions for offences recorded in the central exclusion database under the directly applicable European Communities legislation on the central exclusion database (5b).
Storage of documentation
(1) The Ministry shall keep a file in which the data relating to the annulled final judgments of the courts referred to in § 1 (1) and § 4a are stored 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 or to the court. Such data shall be provided to another authority where specific legislation so provides. The Ministry may use the information referred to in paragraph 1 for the purposes of deciding on claims for damages caused by an unlawful decision or an incorrect official procedure.
(3) A record of the date and time of the provision of the data referred to in paragraph 1 shall be made in the storage room of the dossier and shall be given to whom the data have been provided. In addition, a record of the date, time and reason for processing of personal data contained in the file storage and of the person who processed the personal data shall be kept in the file storage. 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 their execution.
(4) Data on persons stored in the documentation storage centre shall be kept 100 years after the birth of the natural person concerned and 100 years after the facts referred to in Article 6 (b) or (c), if they are legal persons.
TRANSMISSION OF INFORMATION ON PARTICIPATION UNDER THE EUROPEAN UNION AND THE UNITED KINGDOM
(1) The Ministry shall provide information to the competent authority of another Member State of the European Union6) or the United Kingdom (hereinafter referred to as the competent authority) on the final convictions of its nationals by the courts of the Czech Republic in criminal proceedings and the subsequent data entered in the criminal record of such convictions.
(2) The Ministry shall send the information referred to in paragraph 1 in the Czech language to the competent authority no later than 10 working days after the entry of the data relating to the conviction in the criminal record. The Ministry shall send the information referred to in paragraph 1 to the competent authority of each State of which it is a convicted national.
(3) The Ministry shall send a copy of the decision to the competent authority at its request and additional information on the information provided under paragraph 1. In order to fulfil this obligation, the courts are required to provide the Ministry with synergies.
(4) The data entry made by the Ministry in the system for the identification of Member States having 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 removed 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 to manually verify the different identities under the directly applicable European Union Regulation establishing a framework for interoperability between European Unioninformation systems (12) in the case of matches occurring when a data entry is made pursuant to paragraph 4, the Police of the Czech Republic shall provide the Ministry with synergies.
(1) At the request of the competent authority sent in the Czech language on a specified form (7), the Ministry shall send a copy to the competent authority for criminal proceedings, including all the information received in accordance with Article 16f (1); the provisions of Article 10 (5) shall not be used.
(2) At the request of the competent authority, sent in the Czech language on a specified form (7), submitted for purposes other than criminal proceedings, the Ministry shall send the competent authority an extract of the criminal record, including all the information received under Paragraph 16f (1); instead of the information on the conviction against which the condemnation Member State of the European Union or the United Kingdom has excluded its transmission for purposes other than criminal proceedings, the Ministry shall inform the competent authority that it is unable to transmit those data to it and which the State has transmitted them.
(3) The copy or extract referred to in paragraph 1 or 2 shall be sent by the Ministry to the competent authority no later than 10 working days after receipt of the request; at the same time as this copy or extract, on a specified form (7), in the Czech language, shall send information on the final convictions and subsequent data on such convictions recorded in the criminal record. If further information is needed in order to handle the request on a person for whom criminal records are requested, the Ministry shall immediately request the competent authority to supplement it. In such a case, it shall send the requested information to the competent authority within 10 working days of the receipt of such further information.
(1) The Ministry receives information on the final convictions of citizens of the Czech Republic by the courts of another Member State of the European Union or of the United Kingdom in criminal proceedings and on the subsequent particulars entered in its records of such convictions sent to it by that State.
(2) The Ministry shall request the competent authority to send a copy of the decision or additional information to the information provided pursuant to paragraph 1, where this is necessary for the exercise of its competence under this law or at the request of the law enforcement authority.
(3) Information obtained under paragraph 2 may be used only for the purposes for which it was requested or for the administration of the criminal record.
(1) The Ministry shall request the competent authority to provide information on final convictions of a natural person for criminal offences and on 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.
(2) Where a request for a copy or extract 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 ascertained, the Ministry shall request the information referred to in paragraph 1 from the competent authority of the Member State of the European Union which, under the system for identifying Member States which have information on previous convictions of third-country nationals (11), records the conviction of that person, unless the applicant excludes this procedure. However, this procedure shall not be excluded where an application for a copy or extract has been submitted for the purpose of professional or organised voluntary activities involving direct and regular contact with children and where the applicant is the person to whom the application relates.
(3) Where an application for a copy or extract of a person who is a national of the Czech Republic or of another Member State of the European Union applies, the Ministry shall, mutatis mutandis, in accordance with paragraph 2, proceed with the first sentence if the applicant so requests; even without an application, the Ministry shall do so where the request for a copy or extract is made for the purpose of professional or organised voluntary activities involving direct and regular contact with children.
(4) Where a person who is a national of another Member State of the European Union or of the United Kingdom applies for an extract pursuant to § 11, 11a or 11aa, the Ministry shall request the competent authority of the State of which that person is a national to provide information on his final convictions for offences and the subsequent particulars of those convictions entered in the register of that State.
(5) Where a person who has been or is domiciled in another Member State of the European Union or who has been a national of another Member State of the European Union applies for an extract pursuant to § 11, 11a or 11aa, the Ministry shall, at its request in an extract request, request the competent authority of the Member State of the European Union in which that person has, or is resident, or of which that person has been a national, information on his final convictions for offences and subsequent particulars of those convictions entered in the register of that State.
(6) The application referred to in paragraphs 1 to 5 shall be sent by the Ministry on a specified form (7) translated into the official language or one of the official languages of the requested Member State of the European Union or the English language, if the requested State is the United Kingdom.
(7) Information obtained under paragraphs 1 to 3 may be used only for the purpose for which it was requested; information obtained for purposes other than criminal proceedings may only be used under conditions specified by the competent authority. This restriction shall not apply where it is necessary to prevent an immediate and serious threat to public security.
The information and requests referred to in paragraphs 16d to 16g shall be transmitted electronically between the Ministry and the competent authority using the standardised format (8). Where this method of transmission is not possible, it shall be transmitted in paper form or by other means enabling the competent authority to verify its authenticity.
TRANSFER EVIDENCE
(1) The record of offences shall record the data on final decisions on the offence which have been declared guilty and on the conduct having the characteristics of such offences. In addition, data on decisions having suspensory effect in relation to decisions under the first sentence shall be recorded in the register.
(2) The record of offences shall contain the following information on a decision on an infringement or conduct having the characteristics of an infringement ("offence"):
(a) the name or, where appropriate, the name, surname, maiden name or name of the offender of the offence;
(b) the place and district of birth of the offender or his registered office; the perpetrator of an offence born abroad, the place and state where he was born,
(c) the natural number or date of birth of the perpetrator of the offence, or the person's identification number, if assigned to him;
(d) citizenship of the perpetrator of the offence;
(e) the legal qualifications of the offence, including the form of fault;
(f) the nature and scope of the administrative penalty or, where applicable, the safeguard measure, if any, has been imposed, or an indication of a conditional waiver from the imposition of the administrative penalty or of a waiver from the imposition of the administrative penalty;
(g) details of the execution of the administrative penalty for the prohibition of activity, if any;
(h) the designation and registered office of the administrative authority which has dealt with the offence at first instance and in appeal proceedings;
(i) the number of the infringement decision at first instance and in the appeal procedure, the date of its issue and the acquisition of legal authority;
(j) the designation and registered office of the administrative department and the name and surname and / or the official official's official official number, the date of issue and the registration number of the block;
(k) the designation and registered office of the administrative authority which has taken a final decision in the review procedure of the infringement decision, where the data referred to in (e) or (f) has changed, and the reference number of this decision, the date of its issue and the acquisition of legal authority;
(l) the designation and registered office of the administrative authority which, on the basis of the renewal of the infringement procedure, has taken a final decision in the new procedure, where the new procedure has changed the data referred to in (e) or (f), and the reference number of this Decision, the date of its issue and the acquisition of legal authority;
(m) the designation and registered office of the court which has decided to bring an action against an infringement decision where the particulars referred to in (e) or (f) have changed and the reference number of the decision, the date of its issue and the acquisition of legal authority;
(n) the designation and registered office of the administrative authority or court which has given a decision having suspensory effect in relation to decisions registered in accordance with paragraph 1, first sentence, and the reference number of the decision, the date of its issue and the acquisition of legal authority;
(o) the designation and registered office of the institution and the name, surname and capacity or official or identification number of the official person who made the entry in the register of offences.
(3) The record of offences shall also include:
(a) the date of registration of the final decision on the offence and its amendments;
(b) the date and time of issue of the copy of the criminal record and its contents and an indication of to whom the data have been provided; and
(c) the date, time and reason for processing the personal data contained in the criminal record and the person who processed the personal data.
(4) The data referred to in points (a) to (d) of paragraph 2 shall also be kept in the form of a reference link to the reference data in the relevant basic registers, where such data are included.
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Regulation Information
| Citation | Act No. 269 / 1994 Coll., on criminal record and criminal record |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1994 |
|---|---|
| Effective from | 01.01.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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