357/2011 Sb.
LAW
of 27 June. October 2011,
amending Act No. 272/1994 Coll. on criminal records, as amended by
amended, and certain other laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on criminal records
Article. (I)
Act No. 266/1994 Coll., on criminal records, as amended by Act No. 126/2003
Coll., Act No. 253/2006 Coll., Act No. 342/2006 Coll., Act No. 179/2007
Coll., Act No. 261/2007 Coll., Act No. 345/2007 Coll., Act No. 124/2008
Coll., Act No. 130/2008 Coll., Act No. 227/2009 Coll. and Act No.
306/2009 Coll., is amended as follows:
1. In article 1 (1). 1 the second sentence, the words "budgetary organizations" are replaced by
the words "organizational component of the State and the entity".
2. In paragraph 2, at the end of paragraph 1, the following sentence "for the purposes of management of this
registration and issuing of copies of criminal records ("copy")
and extracts from the criminal register (hereinafter referred to as the "listing") is an index
penalties shall be entitled to verify the accuracy of personal data. ".
3. In section 4, paragraph 4. 2 the term "resident" shall be deleted and the word "Court" is
the words "other than a Member State of the European Union".
4. in paragraph 4, the following paragraph 4a is inserted:
"§ 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 may decide, on a proposal of the Ministry of Justice,
that is the conviction of the 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. In § 7 and § 9a of the first sentence, the words "for the need for criminal proceedings"
shall be deleted.
6. In section 10, paragraph 1. 1 the introductory part, the words ' the provisions of the register of
Criminal record (hereinafter referred to as "copy") ' shall be deleted.
7. in section 10, paragraph 1. 1 (d)) and e) are added:
"d) abandonment of a custodial sentence or its remainder in
When a convicted person is to be extradited to a foreign State or handed over to another
the Member State of the European Union on the basis of a European arrest warrant,
(e) extradition to a foreign country), or ".
8. In section 10, paragraph 1. 1, the following point (f)), which read as follows:
"f) demand from the foreign State.".
9. in section 10, paragraph 1. 3 the second sentence, after the words "if so"
the words "this Act or".
10. In section 10, paragraph 1. 5 at the end of the text of the first sentence, the words ",
including data on foreign convictions, which are viewed as
condemnation of the courts of the United States ".
11. in section 10, the following paragraph 6 is added:
"(6) 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 ^ 2) 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. ".
12. In article 11 (1) 1 the first sentence, the words "of criminal records
(hereinafter referred to as the "listing") ' shall be deleted.
13. in section 11a. 3 part of the second sentence, after the words after the semicolon "in the
basic population register ", the words", or cannot Register
criminal records without delay after receipt of the request to draw up an attachment listing pursuant to §
in article 13(3). 2 or 3 "and in the third sentence, the word" which "shall be replaced by
"that," and the word "sent" shall be replaced by the word "sent".
14. in section 11a. 4 the second sentence, after the words "paragraph 3" the words
"or if you cannot immediately make an attachment listing pursuant to § 13 para. 2
or 3 ".
15. in section 11a, paragraph 5 shall be deleted.
16. in the second sentence of paragraph 12, the words "if so" the words
"this Act or".
17. section 13 reads as follows:
"section 13
(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 courts, which are seen as a condemnation of the courts of the United
of the Republic. In the excerpt shall not be included in the register of data recorded
A criminal record under Section 4a, which does not look as on the conviction
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.
(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
asked. ".
18. in article 15, paragraph 1 shall be deleted.
Paragraphs 2 and 3 shall become paragraphs 1 and 2.
19. in article 15, paragraph 2 reads as follows:
"(2) the register shall be made a record of the date and time of the release of the statement, or
a copy, its content, including the contents of its annexes, a record of the date and time
allow a peek into the copies made under section 10, 11, 11a and 12; In addition, there shall be
whose request. ".
20. in article 15, the following new section 15a is inserted:
"§ 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 under a special legal regulation.
Criminal record is to this record to provide data access only
extent strictly necessary for the purposes of the exercise of the activity of an information manager
system 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)). ".
21. in section 16a, paragraphs 3 and 4 are added:
"(3) in electronic form bearing the electronic signature ^ 5) can be
also criminal leaves and passed messages to the Court or the State
the Prosecutor's Office.
(4) Copies or extracts thereof specified by the courts, law enforcement authorities and
for the purposes of the administrative procedure, to other public authorities and other institutions
public authority and requests for them are to be transmitted in electronic form bearing
electronic signature ^ 5), in a manner allowing remote access,
unless otherwise provided by special law. A copy of or extract shall issue a criminal record
without undue delay. ".
22. In article 16a, the following paragraph 5 is added:
"(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. "
23. in section 16b of the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the Ministry of Justice passes the criminal record information about
the conviction of citizens other than Member States of the European Union. ".
24. in section 16 c, paragraphs 1 and 2 shall be added:
"(1) the 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
special legislation. ".
25. In section 16 d of paragraph 1. 1 the words "unless otherwise provided in an international treaty,
the Czech Republic is bound, direct contact the judicial authorities "
shall be deleted.
26. in section 16 d of paragraph 3 is added:
"(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. ".
27. § 16e, including footnote # 7:
"§ 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. 6 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.
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. ".
28. section 16f:
"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 ".
29. under section 16f are inserted after section 16 g and 16 h, which including notes below
line no. 8 are added:
"section 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, a statement under section 11 or 11a, requests the criminal record
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, a statement under section 11 or 11a, ask Index
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.
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. ".
PART TWO
Amendment to the criminal procedure code
Article. (II)
In paragraph 364a of Act No. 141/1961 Coll., on criminal court proceedings (the criminal
of procedure), as amended by Act No. 283/2004 Coll., after the word "punishment"
the words "based on the recognition of a decision of a foreign court or on the basis of the
decision of the Supreme Court under a special legal regulation, or to
that is based on the decision of the Supreme Court under the Special
the law viewed as a conviction by a Court of the United States ".
PART THREE
Amendment of the Act on Česká národní banka
Article. (III)
section 44b of Act No. 6/1993 Coll. on Česká národní banka, as amended by Act No.
124/2008 Coll., reads as follows:
"section 44b
(1) the Ministry of the Interior or the police of the Czech Republic provides the United
the National Bank for the performance of the under part of the ninth of this Act
and from the base) a reference population register,
(b)) the data from the agendového information system of population register,
(c)) the data from the agendového information system for foreigners.
(2) Information Provided pursuant to paragraph 1. and) are
and) surname,
(b) the name or names),
(c)) of the date, place and County of birth, for the data subject, who was born in
abroad, the date, place and the State where he was born,
(d) the address of the place of stay)
e) nationality, or more of State citizenship.
(3) Information Provided pursuant to paragraph 1. (b)) are
and the name or names), surname, maiden name,
(b)) of the date, place and County of birth and a citizen, who was born in a foreign country,
the place and the State where he was born,
c) gender,
(d)), social security number,
(e) the address of the place of residence),
f) nationality, or more of State citizenship.
(4) Information Provided pursuant to paragraph 1. (c)) are
and the name or names), surname, maiden name,
(b)) date of birth,
c) country of citizenship or more of State citizenship,
(d)) the type and address of the place of stay
(e)) the beginning of the stay, where appropriate, the date of their stay.
(5) from the data provided can be used in a particular case only
such data, which are necessary for the performance of the task.
(6) the data which are kept as reference data in the principal registry
the population recovered from the agendového information system registration
of the population or agendového information system for foreigners only if they are
in the shape of the previous status quo.
(7) for the purpose of verifying the integrity or credibility of the Czech national
Bank in the cases determined by the law of the Czech National Bank's
requests the way under a special legal regulation of the extract from the register
Criminal record and in the cases stipulated by special legislation
extracts from criminal records. Request to issue the statement or a copy of the
criminal records and listing or extracts from criminal records
shall be communicated in electronic form, in a manner allowing remote
access. The Czech National Bank is to verify the integrity or
trust in the cases provided for by law may also
require from persons whose integrity or credibility is being examined,
your social security number.
(8) the Czech National Bank is for the purpose of access to the registry as
paragraph 1 (b). and) in cases provided for by law shall be entitled to
from the operators, for which registration under special laws
regulations require the ID card number or the like
an identification document. ".
PART FOUR
Amendment of the Act on the intelligence services of the Czech Republic
Article. (IV)
Act No. 154/1994 Coll., on the intelligence services of the Czech Republic, in the
amended by Act No. 118/1995 Coll., Act No. 53/2004 Coll., Act No. 290/2005
Coll., Act No. 530/2005 Coll., Act No. 80/2006 Coll., Act No. 342/2006
Coll., Act No. 250/2008 Coll., Act No. 274/2008 Coll., Act No. 218/2009
Coll. and Act No. 227/2009 Coll., is amended as follows:
1. In article 11, paragraph 2, the following paragraph 3 is added:
"(3) criminal record shall issue an intelligence service, on request, a copy or
an extract from the criminal register, information about the release of the statement or copy of
of convictions, and for access to the transcript of the evidence
Criminal records, including information on the request. The request for
issue of a copy of or extract from the criminal register or information
in the first sentence, and a copy of or an extract from the criminal register with
to be transmitted in paper form or in electronic form, in a manner
allowing remote access; information other than a copy of or an extract from
criminal records, criminal record shall transmit in electronic form,
in a way allowing remote access. ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
2. In article 11 (1) 4, the words "paragraph 2" shall be replaced by the words "paragraphs 2 and
3. "
PART FIVE
Changing the law on probation and mediation service
Article. In
In section 5 of the Act No. 257/2000 Coll., on probation and mediation service and amending
Act No. 2/1969 Coll., on establishment of ministries and other central bodies
the State administration of the Czech Republic, as amended, law No.
65/1965 Coll., the labour code, as amended, and Act No.
359/1999 Coll. on social and legal protection of children (law on probation and
the mediation service), as amended by law No 112/2006 Coll., on the end of the paragraph
3 adds the phrase "in connection with the performance of probation and mediation is further
The probation and mediation service shall be entitled to request a copy of the registration
Criminal records under a special legal regulation. extradition request
a copy of the criminal records and a copy of the criminal record is
supplied in electronic form in a manner allowing remote access. ".
PART SIX
Amendment of the Act on the prison service and judicial guard of the Czech Republic
Article. (VI)
In Section 23a of Act No. 555/1992 Coll., on the prison service and judicial guard
The Czech Republic, as amended by Act No. 460/2000 Coll., Act No. 342/2006
Coll., Act No. 129/2008 Coll. and Act No. 227/2009 Coll., paragraph 7
the following paragraph 8 is added:
"(8) the prison service is entitled to for accounting purposes provided for in paragraph 1
to request a copy of the criminal records under a special legal
prescription. Application for the issue of a copy of the criminal records and a copy of the
criminal records shall be transmitted in electronic form in a way
allowing remote access. ".
Paragraphs 8 and 9 shall become paragraph 9 and 10.
PART SEVEN
Amendment of the Act on administrative fees
Article. (VII)
Under item 10 of the annex to the Act No 634/2004 Coll., on administrative fees,
as amended by Act No. 309/2006 Coll., Act No. 130/2008 Coll. and Act No.
254/2008 Coll., in (a) above) the amount of "$ 50" is replaced by "Eur
100 ".
PART EIGHT
Amendment to the criminal code
Article. (VIII)
Act No. 40/2009 Coll., the criminal code, as amended by Act No. 306/2009 Coll.,
Act No. 181/2007 Coll., Act No 330/2006, is amended as follows:
1. section 11 including the title reads as follows:
"section 11
Effects of the judgment of a foreign State
(1) the criminal judgment of a foreign State cannot be enforced in the territory of the United
States or have other effects, unless the law or an international
contract is something else.
(2) on the final conviction by a Court of another Member State of the European Union
in criminal proceedings, for the purposes of criminal proceedings seen as condemnation
Court of the United States, if it was given for the offence and the law
The United States ".
2. In section 43 at the end of the text of paragraph 4, the words ", or if the
an earlier conviction was released by a Court of another Member State
The European Union ".
3. In paragraph 45, the following paragraph 4 is added:
"(4) the provisions on the common penalty for the offence is continued in
He was an earlier conviction issued by a court in another
the Member State of the European Union. ".
4. In article 89, paragraph 1 reads:
"(1) upon conditional release provides the Court a trial period for inmates
for the offense to up to three years and convicted of a crime for one to seven
years of age; the trial period begins the conditional release of the convicted person to the
freedom. At the same time, the Court may pronounce the offender supervision and at the same time
Save to make in a defined part of the probationary period, following on from the beginning
the trial period, the offender had lingered in a specified time, in your dwelling, or
parts of it. On the performance of the supervision is to be used, mutatis mutandis, to section 49 to 51 ".
Article. (IX)
Transitional provisions
1. The provisions of § 11 (1) 2 of Act No. 40/2009 Coll., in the version in force from
the effective date of this Act, does not apply to convictions by the Court
another Member State of the European Union for an offense committed prior to the
the effective date of this Act.
2. The provisions of § 11 (1) 2 of Act No. 40/2009 Coll., in the version in force from
the effective date of this Act, to 27 June. April 2012 shall apply
only in relation to the final conviction by a Court of a Member State
The European Union registered in the register of a Member State, the person
a citizen or in which he has his habitual residence.
PART NINE
Amendment of the Act on the judiciary in matters of youth
Article. X
In § 78 para. 2 Act No. 218/2003 Coll., on liability for youth
unlawful acts and on the judiciary in matters of youth and on amendments to certain
laws (the law on the judicial system in matters of youth), the words "for one year
up to "be replaced by" up to ".
PART TEN
The EFFECTIVENESS of the
Article. XI
This Act shall take effect on the first day of the first calendar month
following the date of its publication, with the exception of the provisions of part the first
points 3, 4, 9 to 11, 13, 14, 16 to 20, 24 to 29 and part of the second and fourth,
which enter into force on 27 October 2001. April 2012.
Němcová in r.
Klaus r.
Nečas in r.
