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.
