About Criminal Records

Original Language Title: o Rejstříku trestů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=42350&nr=269~2F1994~20Sb.&ft=txt

269/1994 Coll.



LAW



of 14 July 1999. December 1994



about criminal records



Change: 126/2003 Coll.



Change: 126/2003 Coll. (part)



Change: 253/2006 Coll.



Change: 342/2006 Sb.



Change: 179/2007 Sb.



Change: 269/2007 Coll., 345/2007 Sb.



Change: 124/2008 Coll., 130/2008 Sb.



Change: 227/2009 Sb.



Change: 306/2009 Sb.



Change: 357/2010 Coll., 420/2011 Sb.



Change: 357/2011 Coll. (part)



Change: 167/2009 Sb.



Change: 193/2009 Sb.



Change: 105/Sb.



Change: 204/2015 Coll. (part)



Parliament has passed the following Act of the United States:



PART THE FIRST



GENERAL PROVISIONS



§ 1



(1) criminal record shall be established with headquarters in Prague, which is subordinate to the

The Ministry of Justice. Criminal record is an organizational component

the State and the entity.



(2) at the head of a criminal record is the Director, which appoints and dismisses the

the Minister of Justice.



§ 2



(1) criminal record keeps records of individuals and legal entities (hereinafter referred to

"the person") has been finally convicted by the courts in criminal proceedings and on

the registration of other significant facts for criminal proceedings, if so

provides for this or other law. Data from the register is used for the need for

criminal, civil or administrative proceedings, and to establish

integrity. For the purposes of maintaining such registration and the issuing of copies of

criminal record (hereinafter referred to as "copy"), and extracts from the register

Criminal record (hereinafter referred to as the "listing") is a criminal record shall be entitled to

to verify the accuracy of personal data.



(2) criminal records can be conducted with the use of computing

techniques.



(3) criminal record, for the purposes of access to information systems

Public Administration considered the institution which participates in the investigation,

detection and prosecution of criminal offences.



(4) with all the documents in the activities stemming from the criminal record

including documents received, shall be treated under the conditions laid down in the specific

legislation. ^ 1a)



§ 2a



(1) criminal record makes use of for the performance of its mission from the base

the population register these reference data:



and) the name or name, last name,



(b) the address of the place of stay)



(c)) of the date, place and County of birth; for natural persons, who was born in

abroad, the date, place and country of birth,



(d)) of the date, place and County of death; in the case of deaths outside the United

States date of death, place and the State on whose territory the death occurred;

If it is issued the Court's decision on the Declaration of death, the date that is in the

decisions listed as the day of death or the date on which the natural person

declared dead did not survive, and the date of acquisition of legal power of this

the decision,



e) nationality, or more of State citizenship.



(2) criminal record makes use of for the performance of its mission from the information

system of population register the following information about the State of the Czech citizens

Republic and former State citizens who lost citizenship

The Czech Republic:



and the name or names), surname, maiden name,



(b)) of the date, place and County of birth; for the citizen, who was born in a foreign country,

date of birth, place and country where the citizen was born,



c) gender,



(d)), social security number,



e) nationality, or more of State citizenship,



(f) the address of the place of residence), including previous address space

permanent residence or the address to which they are to be delivered

documents under other legislation,



(g)) the beginning of permanent residence or cancellation date data on the place of

permanent residence or the date of their permanent residence in the territory of the United

Republic,



h) limitation of incapacitation, the name or names, last name and social security number

guardian; If no guardian identity number assigned, date,

place and County of birth; If the guardian is appointed, the local authority

Administration, the name and address of the registered office,



I) name or name, last name and social security number of the father, mother,

or other legal representative; in the event that one of the parents or

another legal representative does not have assigned a social security number, name, or

name, last name, date of birth; If other legal representative of the child

a legal person, the name and address of the registered office,



j) marital status, date, place and County of marriage, if the

marriage outside the territory of the United States, place and State, date

the acquisition of the final court decision on marriage

invalid, the date of the decision of the Court about the lack of

the marriage, the date of the dissolution of marriage by the death of a spouse, or the date of

the acquisition of the final court decision on the statement of one of the spouses for

day of the dead, and that was in the final court decision on the Declaration for the

dead listed as the day of death, where appropriate, as the day on which the spouse

declared dead survivors, or the date of the acquisition of legal power

a court decision for divorce,



to) date and place of origin of a registered partnership, the date of acquisition of legal

the decision of the Court of the invalidity of a registered partnership or a

the absence of a registered partnership, date registered

partnership with the death of one of the registered partners, or of the date of acquisition

the decision of the Court about the statement of one of the registered

partners for the dead and the day that he was in the final decision of the Court of

Declaration of death is listed as the day of death, where appropriate, as the day on which

registered partner declared dead survivors, or the date of

the decision of the Court about the dissolution of a registered partnership,



l) the name or name, last name and social security number of spouse or

the registered partner; If the spouse or registered partner

an individual who has assigned a social security number, name, or

name, surname of the spouse or registered partner, and the date of its

birth,



m) the name or name, last name and social security number of the child; If the child is

an alien who has not been granted social security number, name, or names,

child's name and date of birth,



n) data in the range of the adoptee



1. the degree of adoption,



2. the original and the new name or names, the surname of the adopted child,



3. the original and the new social security number of the adopted child,



4. date, place and County of birth,



5. social security numbers adoptive parents; in the case that adoptive parents was not assigned

social security number, name, or name, surname and date of birth

adoptive parent,



6. social security numbers, father and mother; If they don't, their name,

where appropriate, the name, surname and date of birth,



7. date of adoption of the decision or decisions

revocation of adoption,



o) day, who was in the Court decision about declared missing listed

as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition

the decision of the Court about the declared missing,



p) date, place and County of death; in the case of the death of a citizen outside the United

States, it shall provide the date of death, place and the State on whose territory the

death has occurred,



q) day, who was in the Court decision on the Declaration of death listed

as the day of death, where appropriate, as the day on which the citizen declared dead

survivors,



r) record to provide data.



(3) criminal record makes use of for the performance of its mission from the information

system of population register the following particulars relating to aliens, who are residents of:



and) the name or name, last name,



b) social security number; If it is not allocated, the date of birth.



(4) criminal record makes use of for the performance of its responsibilities, from the registry of birth

numbers:



and the name or names), surname, maiden name,



(b) the social security number),



(c)) in the event of the original social security number, personal identification number,



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



e) place and County of birth; for physical persons born abroad of a State in

whose territory was born.



(5) the criminal record makes use of for the performance of its mission from the information

the system of civil registration certificates the following information:



and) the name or name, last name,



(b) the social security number),



(c)) place and district of birth, in the case of birth abroad instead of and the State



(d)), or a series of number ID card,



e) release date and the date of taking over the identity card,



(f)) indicate the Office which issued the identity card,



g) date of expiry of ID card,



(h)), or a series of numbers of lost, stolen, destroyed, or

invalid civil certificates and Declaration date of the loss, theft, or

the destruction of the identity card,



I) issued a certificate of the identity card, their term of validity

and the designation of the authority which issued it.



(6) criminal record makes use of for the performance of the scope of the information system

evidence of travel documents, the following information:



and) the name or name, last name and social security number,



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



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



(d)) of the date of issue of a travel document,



e) date on the travel document,



(f)) date of expiry of validity of the travel document,



g) the designation of the authority which issued the travel document,



h) of lost, stolen or invalid travel documents number,

the type, date of issue and date of expiry of the lost, stolen

or invalid travel document and the date and place of announcement of its loss

or stolen.




(7) criminal record makes use of for the performance of the scope of the information system

aliens the following information:



and the name or names), surname, maiden name,



(b)) date of birth,



c) gender,



(d)) instead, and the State where the alien was born; in the case that the alien

He was born on the territory of the United States, place and County of birth,



(e)), social security number,



f) country of citizenship or nationality,



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



h) number and validity of the residence permit,



even the beginning of the stay, if applicable) date of the termination of the stay,



j) limitation of incapacitation,



k) expulsion and the period for which it is not allowed to enter the territory of the United

Republic,



l) marital status, date and place of marriage, the date of acquisition of legal

can a court decision on marriage annulment, the date of acquisition

the decision of the Court about the lack of marriage, date of disappearance

marriage, death of a spouse, or the date of the acquisition of legal power

a court decision on the statement of one of the spouses is dead and the day that

He was in the final court decision on the Declaration of death is listed as

the day of death, where appropriate, as the day on which the spouse declared dead

survivors, or the date of the decision of the Court of divorce

marriage,



m) the date and place of origin of a registered partnership, the date of acquisition of legal

the decision of the Court of the invalidity of a registered partnership or a

the absence of a registered partnership, date registered

partnership with the death of one of the registered partners, or of the date of acquisition

the decision of the Court about the statement of one of the registered

partners for the dead and the day that he was in the final decision of the Court of

Declaration of death is listed as the day of death, where appropriate, as the day on which

registered partner declared dead survivors, or the date of

the decision of the Court about the dissolution of a registered partnership,



n) name or names, the surname of the spouse or registered

partner and his social security number; If the spouse or registered partner

an alien who has not been granted social security number, name, or names,

last name and date of birth,



about) the name or names, the surname of the child, if it is a stranger, and his

social security number; in the event that the child has not been assigned a social security number, name,

where appropriate, the name, surname and date of birth,



p) the name or names, the surname of the father, mother or any other

the legal representative, if they are aliens, and their social security number; in

If one of the parents or other legal representative has not been granted

social security number, name, or name, surname and date of birth,



q) about the adoptee, if it is a stranger,



1. the degree of adoption,



2. the original and the new name or names, the surname of the adopted child,



3. the original and the new social security number of the adopted child,



4. date, place and country of birth,



5. social security numbers, in the case of adoptive parents, the adoptive parents was not assigned

social security number, name, or names, surname and date of birth

adoptive parent,



6. social security numbers, father and mother; If they were not allocated, information on their

the name, or names, surname and date of birth,



7. date of adoption of the decision or decisions

revocation of adoption,



r) day, who was in the Court decision about declared missing listed

as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition

the decision of the Court about the declared missing,



with) the date, place and County of death; in the case of deaths outside the United

the Republic, the State on whose territory the death occurred, or the date of death,



t) day, who was in the Court decision on the Declaration of death listed

as the day of death, where appropriate, as the day on which the stranger declared dead

survivors,



u) the name or names, last name



1. an adult dependent child of a foreigner,



2. minor aliens who were foreigners with permission to stay in the

the territory of the Czech Republic or its supporters, by decision of the competent authority

entrusted into foster care, or that he was a foreigner authorized to

stay on the territory of the Czech Republic or his husband acquired or whose

guardian or husband to his guardian is a foreigner,



3. the lone stranger 65 years or older, regardless of age of the alien,

that you cannot take care of himself for health reasons, in the case of

family reunification with a parent or child with permission to stay in the territory

The United States,



4. an alien who is a dependent direct relatives in the ascending or

descending line or such relatives of the husband of a citizen of the European Union,



5. the parents of a minor alien that has been granted international protection

or temporary protection by a special legal regulation, and his native

number; in the case of foreigners who do not have assigned a social security number, name,

where appropriate, the name, surname and date of birth.



(8) data that are kept as reference data in the principal registry

of the population, shall be used from the information system of the population register,

the information system of civil registration certificates, information system

evidence of travel documents or from the information system for foreigners only,

If you are in the shape of the previous status quo. From the data provided

can be used in a particular case only such data which are

necessary for the performance of the task. Information systems manager

provide criminal record the necessary cooperation.



(9) the information referred to in paragraphs 1 to 7 shall be provided in electronic form

manner allowing remote and 24/7 access. There has been a change to the

the data referred to in paragraphs 1 to 7, provide the criminal record and

details about these changes, including the data that these changes have occurred.



(10) the criminal record information provided to him by may, paragraphs 1 to 7 for the

the purpose of the execution of the tasks under this Act to retransmit, sort or

to combine, or is blocking when it detects that the data provided are not

correct; about the discovery of inaccurate criminal record data immediately

inform the Ministry of the Interior or the police of the Czech Republic, which after

examination of the data, make up or destroyed.



PART TWO



CRIMINAL RECORDS



TITLE I OF THE



THE CONTENTS OF CRIMINAL RECORDS



Section 2b



Part of the criminal register, the register of



a) convictions,



(b)) a conditional cessation of criminal prosecution,



(c) proposal on conditional postponement) punishment



d) settlement and



e) withdrawal from criminal prosecution.



Register of convictions



§ 3



(1) in the register of criminal records are based on data from the criminal leaves

all persons lawfully convicted by the courts of the Czech Republic.



(2) the criminal record are also data on persons

been convicted by the courts, which were collected under the previously

the rules in force, and the data transmitted on the basis of criminal record

an international agreement with the Slovak Republic.



(3) the Criminal sheet, for the purposes of this Act, means the notification to the Court

that contains data about the



and to the offender, in order) cannot be confused with another person,



(b)) the Court and the file tag of a criminal case,



(c)) the decision to blame, punishment and protection measures and on their performance,



(d) the decision of the Court when a conditional) conviction or conditional release

from the enforcement of the sentence or the abandonment of its the rest of the performance,



e) granting of grace,



(f) participation of the convicted person for amnesty),



g) deletion of the conviction.



§ 4



(1) The criminal record shall be recorded whether or not information on convictions



and, if a foreign court) on the recognition of the decision of such a court

the Court decided under special legislation and recognized by decision

It was a foreign court is issued for the offence and in accordance with the rule of law

The United States,



(b)), the International Criminal Court, the International Criminal Tribunal,

or a similar international judicial body (hereinafter referred to as "the international

the Court "), which meet at least one of the conditions specified in § 145 paragraph.

1 (b). b) or c) of the Act on international judicial cooperation in matters

criminal, if recognition is his decision to court under the law on

international judicial cooperation in criminal matters,



c) International Court that meets at least one of the conditions

referred to in § 145 paragraph. 1 (b). and the Act on international judicial)

cooperation in criminal matters, with regard to the condemnation of the citizen of the United

States, stateless persons, which has on its territory

permanent residency, a legal person that has its registered office in the Czech Republic

or is in the territory of the Czech Republic located business or organizational

folder, or at least carries on business or has its

property, or any other person who carries out the penalty in such a

an International Court in the Czech Republic.



(2) the Supreme Court shall decide on the proposal of the Ministry of Justice, the

to record criminal records data on another condemnation of the citizen

The United States Court, other than the Member State of the European Union or

an international court that meets at least one of the conditions referred to in

§ 145 paragraph. 1 (b). b) or c) of the Act on international judicial cooperation

in criminal matters, if this conviction relates to an act which is

a criminal even under the laws of the United States, and the entry in the register is


justified by the gravity of the offence and the type of punishment, it was saved.



(3) the Supreme Court shall decide on the proposal of the Ministry of Justice, the

to record criminal records data on another conviction of a person

stateless, which is allowed in the Czech Republic

permanent residence, or a legal person that has its registered office in the Czech Republic

or is in the territory of the Czech Republic located business or organizational

folder, or at least carries on business or has its

assets, in the case of a conviction by a Court of a foreign or international

the Court, which meets at least one of the conditions specified in § 145 paragraph.

1 (b). b) or c) of the Act on international judicial cooperation in matters

criminal and if this conviction relates to an act which is a criminal and

under the law of the United States, and the entry in the register is justified by the

the severity of the crime and the type of punishment, it was saved.



(4) if they have been recorded in the register of criminal records information about

condemnation of the citizen of the United States, stateless persons, which

has on its territory a permanent residency, or a legal person under

paragraph 2 or 3, and the Court under the law on international judicial cooperation

in criminal matters subsequently decide on the recognition of such a decision,

The Supreme Court on the initiative of the Court shall revoke its previous decision on the

record information about the conviction; Criminal record in this case

keeps track of only the decision on the recognition of the decision.



(5) the decision of a foreign court or an International Court

recorded in the register of criminal records under paragraphs 1 to 3 shall be deemed

as to the conviction by a Court of the United States.



Section 4a



(1) The criminal record is also recorded data on

final convictions of the citizens of the United States courts of another Member

State of the European Union in criminal proceedings and follow-up data

the conviction, on the basis of information supplied by other Member States

Of the European Union.



(2) If a criminal record is informed by another Member State of the European

the Union for change in the particulars referred to in paragraph 1, it shall make this change in the register

Criminal records.



(3) the Supreme Court shall decide on the proposal of the Ministry of Justice, the

on the conviction of a citizen of the Czech Republic by a Court of another Member State

The European Union seen as a conviction by a Court of the United States, if

relates to an act which is punishable under the law of both the United States and

If this is justified by the gravity of the offence and the type of punishment, it was

saved.



§ 5



The courts are required to immediately send the criminal's criminal record sheets

people been convicted and to communicate to all the other facts

important for the entry in the register or for alteration of the registration. As it progresses and

the Prosecutor, if the decision, which shall be recorded according to

special legislation. ^ 2b) the Ministry of Justice shall send

criminal record without delay the information referred to in section 3, paragraph 3. 3 regarding the

final conviction referred to in section 4, paragraph 4. 1 (b). (c)).



§ 6



Data on persons definitively convicted by the courts shall be retained for 100 years from the



the birth of natural persons), relating,



(b)) a final conviction of a legal person which relate to, or



(c)), other facts relevant to criminal proceedings for registered

According to § 2 (2). 1, which applies to legal persons.



§ 6a



cancelled



Conditional cease prosecution evidence



§ 7



cancelled



§ 8



(1) the courts and public prosecutors ' offices are required to immediately send

Criminal records report on conditional cessation of criminal prosecution, on the

keep conditional cessation of criminal prosecution in force, as well as

an additional report, whether the accused during the trial period proved useful,

as soon as the relevant decision of the judicial power.



(2) the report shall contain the designation of the Court or State Prosecutor's Office,

the date of the decision and the case number under which the management of leads, sort of

the decision in the case of a conditional cessation of criminal prosecution and legal

classification of the offence to which the decision refers to, and the date of

the end of the trial period.



§ 9



Data generated according to § 8 are deleted from the register immediately after

delivery of the additional messages; If a criminal record does not receive such a message,

discards data from the register after the expiry of one year from the end of the trial

the period of conditional cessation of criminal prosecution.



§ 9a



The conditional postponement of the registration of the design for punishment



When sending data to the register of conditional postponement of the proposal on

punishment and their decommissioning, proceed mutatis mutandis under section 8 and 9.



the title launched



TITLE II



A COPY OF THE STATEMENT AND OTHER INFORMATION FROM CRIMINAL RECORDS



§ 10



(1) for the purposes of criminal proceedings shall be issued a copy of the prosecuting authorities

criminal proceedings ^ 3) and the Ministry of Justice, at their request.

The Ministry of Justice may require that a copy of the related

respect of which performs the procedure for



and complaints for violations of the law),



(b) the decision of the President of the Republic) the application of the amnesty,



(c)) pardon



(d) extradition to a foreign country), or



e) demand from the foreign State.



The Ministry of Justice may require a copy of (i) in the implementation of other

acts, if they are relevant under the Act on international judicial

cooperation in criminal matters or the renowned international treaties

the Czech Republic is bound. If the Ministry of Justice

in matters relating to the activities of a criminal record before the Court, or

He represents the Czech Republic in dealing with complaints of violations of the

Convention for the protection of human rights and fundamental freedoms and its protocols,

concerning the activities of the criminal record is authorized for that purpose

require a copy of.



(2) the Office of the President of the Republic may require a copy of relating

persons in respect of which proceedings are carried out



and pardon)



(b)) the appointment or the request for the appointment of the President of the

of the Republic.



(3) other bodies and individuals can, on request, issue a copy of the only

If provided for by a special legal regulation. At the request of foreign

the judicial authorities shall deliver a copy of the criminal record, if provided for by this Act

or the renowned international treaty, which the Czech Republic is bound.

A copy of the criminal record shall issue also at the request of the International Court, which

meets at least one of the conditions specified in § 145 paragraph. 1 (b). and)

the law on international judicial cooperation in criminal matters, and its

authorities.



(4) the copy shall be given all the information about any conviction of the person to

a copy of the covers, and all the information about the course of the execution of criminal penalties and protective

measures, including information on convictions by non-resident and international

the courts, which are seen as a condemnation of the courts of the United States. In

the copy shall be indicated and the information about the deletion of the conviction of a natural person or

the demise of the effects of a conviction of a legal person. In the copy of the State of data

registration of conditional cease prosecution, conditional postponement of the

proposal for punishment and other significant facts for criminal proceedings,

If provided for by a special legislation. ^ 2b)



(5) in a special section of a copy of the information recorded in the register shall state the

A criminal record under Section 4a with the exception of biometric data. If

a copy of the issued for purposes other than criminal proceedings, will not appear in the

a special section of a copy of the information recorded in the register of criminal records

pursuant to Section 4a, which for these purposes of the convicting Member State

The European Union has ruled out. For information about the sentencing court of another Member

State of the European Union, recorded in the register of criminal records under §

4A is in a separate section of the transcript shall indicate whether this conviction visor

as to the conviction by a Court of the United States on the basis of the decision of the

The Supreme Court or as a result of the recognition of a decision of another Member

State of the European Union, issued for the offence and the law of the United

Republic; with such a conviction shall also indicate whether it

expungement under special legislation.



§ 11



(1) at the written request of the natural person whose identity has been verified,

shall issue a statement concerning this person. The listing shall be issued on the basis of officially

certified power of Attorney and agents of that person or within the framework of the provision of

legal aid lawyer to that person. Statement concerning the legal person

any person shall be issued at the written request.



(2) the accuracy of the information provided in the written request for a statement and the identity of the

persons applying for a statement concerning a natural person shall inspect, free of charge



and) Municipal Office, town Office, in the capital city of Prague City District Office

in the territorial Office of the statutory cities, broken down district or authority

districts, municipalities of statutory cities, which do not break down on the

boroughs or districts, and to the territory of military újezdů

District Office which is a registry office under a special legal

prescription ^ 4)



(b)), the embassies of the United States abroad, or



c) officials of the criminal record.



(3) the authorities referred to in paragraph 2 (a). a) and b) after verification of the accuracy of the

data request shall be sent to the applicant not returning, but her criminal record.



§ 11a



(1) If a written request for a statement under section 11 (1) 1 is filed with the


the focal point of public administration ^ 4a) the person who made the request, receives the

listing while you wait, if you explicitly ask you to request the procedure

under section 11, or if it is not stipulated otherwise.



(2) the focal point of public administration ^ 4a) after receipt of a request for a statement verifies the

In addition to the factors set out in section 11 (1) 2 the accuracy of information

listed in the certified power of Attorney, if the request of the agent or

the lawyer of the person concerned, and the fact that the fee has been paid

receipt of the statement referred to in section 14.



(3) After verification of the facts referred to in paragraph 2 shall send to the contact point of the

public administration ^ 4a) criminal record request for listing in electronic

form, signed by a recognized electronic signature or the

a recognized electronic marker under a special legal regulation ^ 5).

In the same way he shall send the criminal record statement signed by a recognized

electronic signature ^ 5) promptly after receipt of the request; This does not apply,

If it is necessary for the purposes of the listing further to check the identity of the person

requesting the listing concerning natural persons, in particular by examining the data in the

request for listing with the data entered in the population register, basic or

If the criminal record, immediately after receipt of the request to draw up

the annex to the statement pursuant to § 13 para. 2 or 3. About such facts Index

penalties shall immediately inform the contact point of the public administration ^ 4a)

the request sent, stating the expected date of release of the statement.



(4) the focal point of public administration ^ 4a) issues a statement on paper

to the person who submitted an application for listing, without delay after it is received from the

Criminal records. If it is for the purpose of issuing the statement necessary to examine the

the identity of the person requesting the listing concerning natural persons according to the

paragraph 3, or if it cannot be drawn up without delay in accordance with § 13 dump attachment

paragraph. 2 or 3, the focal point of public administration ^ 4a)

shall notify the person who submitted an application for listing, and in response to anticipated

the term release listing notify him when you can pick up a listing for it.



section 11aa



(1) the request for a statement concerning the applicant can also submit

through the portal of the public administration ^ 9) data message with a certified

the identity of the applicant in a way which you can subscribe to its data

the Clipboard. After verification of the facts referred to in section 11 (1) 2 Administrator shall send to the

Portal of the public administration's criminal record request for listing in electronic

form signed by the recognized electronic signature or the

a recognized electronic marker under a special legal regulation ^ 5).

In the same way he shall send the criminal record statement signed by a recognized

electronic signature ^ 5) promptly after receipt of the request; This does not apply,

If it is necessary for the purposes of the statement further investigate the identity of the

the applicant, in particular by examining the data in the application for listing with the data entered in the

basic population register, or if the criminal record without delay

After receipt of the request to draw up an attachment listing pursuant to § 13 para. 2 or 3.

Criminal record of that fact shall immediately notify the administrator

Portal of the public administration, that his application and shall indicate the estimated

the release date of the statement.



(2) the administrator of the portal of the public administration shall send the listing in electronic form

to the applicant within its data boxes. If for the purposes of listing

necessary to examine the identity of the applicant in accordance with paragraph 1, or if you cannot

immediately make an attachment listing pursuant to § 13 para. 2 or 3, the administrator

Portal of the public administration shall communicate this to the applicant, and in the follow-up to the

expected date of release of the statement shall notify him when he sent in his

data boxes.



(3) the administrator of the portal of the public administration relies for the performance of its responsibilities, the

under this Act, the information specified in § 2a para. 1 (b). a) to (c)), and (e)), §

2A paragraph 2. 2 (a). a) to (e)) and § 2a para. 7 (b). a) to (f)). The provisions of §

2A paragraph 2. 8 and 9 shall apply mutatis mutandis.



section 11b



(1) criminal record kept in accordance with specific legal

^ 5a) provisions for which an extract relating to natural persons, filed pursuant to section

11, including the officially verified full powers attached to requests for

two years from the submission of the application, in paper or electronic form

or in the form of a document created from an application in paper form

an authorized document conversion or other procedure by which

authenticity of the origin of the document, the inviolability of its content readability

the document and the security of the conversion process.



(2) the focal point of public administration ^ 4a) is kept in accordance with the Special

the law ^ 5a) a written request for a statement concerning natural persons

filed pursuant to section 11a, including officially verified full powers connected to the

applications, for a period of two years from the submission of the application, in paper or

electronic form or in the form of a document that was created from the request in the

paper document conversion or other authorized procedure

guaranteeing the authenticity of the origin of the document, the inviolability of its content,

the readability of the document and the security of the conversion process.



(3) the focal point of public administration ^ 4a) keeps records of applications for listing

relating to a natural person pursuant to § 11a, in paper or

electronic form. In the record shall be a record of the date and time of submission of the

application for listing and, if the application is made by an agent or Attorney, also

shall be recorded that it is attached to the request notarized power of attorney. Further

the who statement relating to a natural person and who is asking extract

relating to a natural person.



(4) the administrator of the portal of the public administration keeps records of applications for listing

Filed under section 11aa, in electronic form. In the records of the

makes a record of the date and time of submission of the statement and about who on the

listing is sought.



§ 12



Further statement issued at the request of the Court or State Prosecutor's Office for

the needs of other than criminal proceedings and the Administrative Department for the needs of

proceedings for the offence and for the purposes of the administrative procedure, in which the

required proof of integrity or credibility. For other purposes can be

to issue the statement, if provided for by this Act or special legislation.



section 13 of the



(1) in the listing of all convictions, including during the performance

sentencing and protective measures, if according to the law on

the offender does not look as if he has been convicted, including a conviction

Foreign and international courts, which are seen as condemnation

the courts of the United States. In the excerpt are not shown the information recorded in the

criminal records under Section 4a, which does not look like the

condemnation of the courts of the United States.



(2) the statement that Attachment is issued at the request of a person who is a

a national of another Member State of the European Union, the information referred to in

§ 16 para. 2, if that other Member State of the European Union Register

the sentencing guidelines.



(3) the statement that Attachment is issued at the request of the person who had or

He is resident in another Member State of the European Union or that was

a national of another Member State of the European Union, are

information according to § 16 para. 3 If the person in the application for listing

She asked, and if that other Member State of the European Union Register

the sentencing guidelines.



(4) the information from the criminal register of legal entities, which are

in the statement, are publicly accessible.



§ 14



For the issue of the statement under section 11 (1) 1 and section 11a. 1 fee

According to a special regulation.



§ 15



(1) a copy of the Statement is a public document.



(2) the register shall be made a record of the date and time of the release of the statement or copy of

and its content, including the content of its annexes, under section 10, 11, 11a, 11aa and

12; Additionally, stating, at whose request to happen. In the records further

makes a record of the date, time and reason for the processing of personal data

contained in the register of criminal records, and details about the person that personal

the data processed. The records referred to in the first and second sentences, including records of

the contents of the transcript or statement issued and the contents of its annexes, is on the register

lead for a period of 10 years from the date of their execution.



(3) the record of whose request was issued, listing in the register does not,

in the case of the release of the statement relating to the legal entity.



section 15a



(1) in cases where they were from, criminal records information

necessary for the provision of



and the security of the State)



(b)), defence



(c)) public security,



(d)) the prevention, investigation, detection and prosecution of criminal offences,



e) an important economic or financial interest of the United States or

The European Union, including monetary, budgetary and taxation matters, or



(f) protection of data subjects) or the rights and freedoms of others,



and the authority to which the information is to be provided, declares in writing that

the disclosure of a record to provide data compromises to ensure a

purposes referred to in points (a) to (f))), not for the duration of this

threats to expose information about the processing of personal data, physical

person under a special legal regulation, with the exception of disclosure

This record, the authority of the law in criminal proceedings, if it is a criminal offence

related to the purpose of providing information, or the executing authority supervision

processing of personal data by a special legal regulation, or


with the exception of making this record to the competent authority for the purpose of

the granting of registration or protection of the intelligence services; Index

punishment has this record to provide data access only to the extent

strictly necessary for the purposes of the exercise of the activity of an information System Manager

under special legislation.



(2) the authority to which the data should be of criminal records

made available under paragraph 1, is obliged to notify the criminal record information

allowing for the identification and the identification of the natural person requesting

provide data on his behalf and promptly announce that passed away

threats to ensure the purpose referred to in paragraph 1 (b). a) to (f)). If there was a

a written declaration, on the basis of the sealing of the record occurred on the

the provision of the information referred to in paragraph 1, in accordance with paragraph 3 and applied in

other registries or information systems, the notification referred to in

the first sentence, even for those registers and information systems.



(3) if the criminal record validates the accuracy of personal data in the registers

and information systems referred to in paragraph 2a, the written declaration on the

the basis of which the record was unavailable to provide data according to the

paragraph 1, and these registers and information systems, if it

registers and information systems.



(4) declarations and notifications under paragraphs 1 and 2 may be sent and

by electronic means.



(5) on the request of the police of the Czech Republic or the Ministry of the Interior shall issue

Criminal record in order to provide registration information on the protection

the release of the statement or copy of, including information on the request.

Information referred to in the first sentence, and an application for their release are to be transmitted in

electronic form in a manner allowing remote access.



section 16 of the



To the submission of a copy of or extract, to issue the statement and a copy and to

the transmission of data between the courts, the public prosecutor's offices and the registry

sentencing is used forms based on the issue of ensuring the Ministry of

Justice.



section 16a



(1) an application for the release of the statement, the person to whom the data relate, send in the

electronic form signed by a recognized electronic signature ^ 5).



(2) criminal record verifies that the person referred to in paragraph 1 is paid

fee pursuant to § 14 of the statement issued in electronic form, and dump her

shall be sent in paper format; at the request of the person she forwarded for

listing in electronic form.



(3) in the electronic form signed by a recognized electronic signature ^ 5)

may be transmitted also to the criminal court or leaves and the message of the State

the Prosecutor's Office.



(4) Copies or extracts thereof specified by the courts, the law enforcement authorities of the

or the national member of Eurojust and for the purposes of the administrative procedure other

public authorities and other public authorities and requests for them to

supplied in electronic form signed by a recognized electronic

signature ^ 5), in a manner allowing remote access, unless the

the special law to the contrary. A copy of or extract shall issue a criminal record without

undue delay.



(5) if the method of transmission referred to in paragraph 3 or 4 possible, be transmitted to the

the copies or extracts, and requests for other means that allow them to verify the

their authenticity.



section 16b



the title launched



(1) criminal record passes the Ministry of finance information on expungement

convictions for offences that are recorded in the central database

for exclusions under directly applicable European legislation

community on the Central exclusion database ^ 5b).



(2) criminal record passes information about the Ministry of Justice

the conviction of citizens other than Member States of the European Union.



the title launched



section 16 c



Storage of documentation



(1) criminal record leads the vault documentation, which stores



and details of the cancelled final) the decisions of the courts, held pursuant to §

2 and 4a, and details of the evidence excluded under section 9,



(b) the copies and translations) denouncing the decision and the decision of the downstream

on this conviction.



(2) the information referred to in paragraph 1 (b). and shall be made available to) the written request

the person to whom it pertains, the Court and the Ministry of Justice documents

referred to in paragraph 1 (b). (b)) shall be made available on written request to the person

relating to, the Tribunal, by law enforcement agencies and the Ministry of

Justice. Another body, these data will provide, if so determined by the

a special law.



(3) in the vault of the dossier shall be a record of the date and time of the provision of

the data referred to in paragraph 1 and shall indicate, on whose request is so

happened. In the vault of the documentation with the next record of the date, time and

because of the processing of personal data contained in the vault documentation and

details about the person that personal data processed. Records referred to in the first sentence,

and the second is in the vault documentation be maintained for 10 years from the date of

their implementation.



(4) the names of persons, stored in the vault of the dossier shall be kept 100

years from the birth of the natural person, relating, and 100 years since the

the facts referred to in paragraph 6 (b). (b)), or (c)), in the case of legal

person.



the title launched



TITLE III



THE TRANSMISSION OF INFORMATION ON CONVICTIONS WITH THE MEMBER STATES OF THE EUROPEAN UNION



§ 16 d



(1) criminal record provides information to the competent authority of another

the Member State of the European Union ^ 6) (hereinafter referred to as the ' competent authority ') of

final convictions of its nationals the courts of the United

States in criminal proceedings and on the downstream data written to the

criminal record of such convictions.



(2) criminal record shall forward the information referred to in paragraph 1, in Czech

the language of the competent authority, not later than 10 working days after execution

write data relating to a conviction in the criminal register.

If the nationality of two or more other Member

States of the European Union, it shall send the information provided criminal record

the competent authority of each of those States.



(3) criminal record send the competent authority, upon request a copy of the

the decision and the additional information provided by the information referred to in

of paragraph 1. To meet this obligation, the courts are obliged to provide

Criminal record of cooperation.



§ 16e



(1) at the request of the competent authority sent in the English language on a specified

form ^ 7) have been filed for the purposes of criminal proceedings shall send the criminal record

a copy of the competent authority, together with all data received from another

the Member State of the European Union under section 16f para. 1; the provisions of § 10

paragraph. 5 yet.



(2) at the request of the competent authority sent in the English language on a specified

form ^ 7) have been filed for purposes other than criminal proceedings shall send the

Criminal record to the competent authority an extract from the criminal record

including all data received from another Member State of the European

the Union under section 16f para. 1; instead of data on convictions for which

convicting Member State of the European Union has ruled out his forwarding for other

purposes than criminal proceedings, it shall communicate to the competent authority, criminal record

that information cannot be sent to him, and that the Member State of the European Union, these

the information forward.



(3) a copy or extract referred to in paragraph 1 or 2 shall send the criminal record

to the competent authority not later than 10 working days from the receipt of the request;

at the same time with this copy or dump sends the form ^ 7)

English language information about final convictions and downstream

information about such convictions recorded in the records of the register

the sentencing guidelines. If they are needed to respond to a request for more information about the person on the

which details are required from the criminal record, criminal record

without delay to the competent authority shall ask about their Tween. In this case,

send the requested information to the competent authority within 10 working days from the

the delivery of this additional information.



section 16f



(1) criminal record receives information about final convictions of citizens

The United States, the courts of another Member State of the European Union in criminal

management and follow-up of data entered in the register of another Member

State of the European Union of such convictions, sent to the other Member

States of the European Union. Information about final convictions of citizens United

States courts of another Member State of the European Union in criminal proceedings

criminal record shall be sent to the Ministry of Justice of the procedure under Section 4a

paragraph. 3.



(2) criminal record, the competent authority shall request the sending of a copy of the decision

or additional information to the information supplied pursuant to paragraph 1 to the

the request of the Ministry of Justice or law enforcement authority

or, if it is needed, and for the conduct of criminal records.



(3) the information received under paragraph 2 may be used only for the purposes for

that have been requested, or for the conduct of criminal records.



§ 16 g



(1) criminal record shall request the competent authority to provide information about the

final convictions for offences of a natural person, and of the downstream

the data entered in the register of that State on these convictions, if

such information is necessary for the purposes of criminal proceedings.



(2) where a person who is a national of another Member State

The European Union, for a statement according to § 11, 11a, or Register, request 11aa


of criminal penalties, the competent authority of the Member State of which that person is

national, for information about its final convictions for criminal

actions and of the follow-up information on these convictions are entered in a register

of that State.



(3) where the person who has had or is resident in another Member State

The European Union or that was a national of another Member

State of the European Union, the statement according to § 11, 11a, or Register, request 11aa

sentencing guidelines, at its request, contained in the application for listing, the competent authority

the Member State of the European Union, in which this person has had or has a place of residence

or the person was a national, for information about its

final convictions for criminal offences and of the follow-up information on

These convictions are entered in a register of that State.



(4) the request referred to in paragraphs 1 to 3 shall be sent by criminal record 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.



(5) the information received under paragraph 1 may be used only for the purposes of

the criminal proceedings for which it was requested. This restriction shall not apply,

If it is necessary to prevent an immediate and serious danger to

public safety.



§ 16 h



Information and applications under section 16 d of up to 16 g is between the registry of criminal penalties, and

the competent authority shall transmit electronically using a standardised

^ 8) format. If this is not possible, the method of transmission in the

paper form or in any other way enabling the competent authority of the

to verify their authenticity.



the title of the paid



§ 16i



paid



§ 16j



paid



§ 16 k



paid



PART THREE



FINAL PROVISIONS



§ 17



Shall be deleted:



1. article in Act No. 149/1969 Coll. amending and supplementing Act No.

141/1961 Coll., on criminal court proceedings (code of criminal procedure).



2. the regulation of the Government of the Czechoslovak Socialist Republic No 54/1970

Coll. on criminal records.



§ 17a



paid



section 18



This Act shall take effect on 1 January 2000. January 1995.



Uhde in r.



Havel, v. r.



Klaus r.



1A) Law No 499/2004 Coll. on Archives and records service and amending

certain acts, as amended.



2B) § 313 criminal procedure.



2B) Act No. 133/2000 Coll., on registration of the population and the birth numbers and

amendments to certain laws (law on population register), as amended

regulations.



2D) Act No. 40/1993 Coll. on acquisition and loss of citizenship

The Czech Republic, as amended.



2E) § 13b Act No. 133/2000 Coll., as amended by Act No. 53/2004 Sb.



2F) § 5 para. 1 (b). c) of Act No. 101/2000 Coll., as amended by Act No.

439/2004 Sb.



3) § 12 para. 1 code of criminal procedure.



4) § 2 (2). 1 (b). and) Act No. 301/2000 Coll., on the civil registry, the name and

last name and amending certain related laws, as amended by Act No.

320/2002 Coll.



4A) to section 8a of the Act No. 365/2000 Coll., on public information systems

management and amending certain other acts.



5) Act No 227/2000 Coll. on electronic signature and amending certain

other laws (the law on electronic signature), as amended

regulations.



section 4, paragraph 4. 3 Government Regulation No. 497/2004 Coll., implementing Act No.

227/2000 Coll. on electronic signature and amending certain other

laws (the law on electronic signature), as amended.



§ 2 (2). 3 Decree No 496/2004 Coll., on electronic registries.



5A) Law No 499/2004 Coll. on Archives and records service and amending

certain acts, as amended.



Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain

laws, as amended.



5B) Commission Regulation (EC, EURATOM) no 1302/2008 of 17 December. December 2008

on the Central exclusion database.



6) article 1 of Council decision 2005/876/JHA of 21 December. November 2005 on

the exchange of information from criminal records.



7) the annex to Council framework decision 2009/315/JHA of 26 May 1997. February 11, 2009

on the organisation and content of the exchange of information extracted from criminal records between

by the Member States.



8) Council decision 2009/316/JHA of 6 December 2001. April 2009, on the establishment of

The European information system (ECRIS) under article

11 of framework decision 2009/315/JHA.



9) section 6f of Act No. 367/2000 Coll., on public administration information systems

and amending certain other acts, as amended.