Act No. 357 / 2011 Coll.
Act amending Act No. 269 / 1994 Coll., on the Register of Penalties, as amended, and certain other laws
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Law
Effective from 01.01.2012
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357
THE LAW
of 27 October 2011
amending Act No. 269 / 1994 Coll., on the Register of Penalties, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Penal Register Act
Act No. 269 / 1994 Coll., on the Register of Penalties, as amended by Act No. 126 / 2003 Coll., Act No. 253 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 179 / 2007 Coll., Act No. 269 / 2007 Coll., Act No. 345 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 130 / 2008 Coll., Act No. 227 / 2009 Coll. is amended as follows:
1. In the second sentence of Paragraph 1 (1), the words "budgetary organisation 'are replaced by the words" organisational body of the State and entity'.
2. In Article 2, the following sentence is added at the end of paragraph 1: "For the purposes of keeping this register and issuing copies of the Register of Penalties (hereinafter referred to as" copy ") and extracts from the Register of Penalties (hereinafter referred to as" extract "), the Register of Penalties is entitled to verify the accuracy of personal data."
3. In Article 4 (2), the word "foreign 'is deleted and the words" other than a Member State of the European Union' are inserted after the word "court '.
4. The following Section 4a is inserted after Section 4:
(1) The Register of Penalties shall also record data on the final convictions of citizens of the Czech Republic by the courts of another Member State of the European Union in criminal proceedings and data relating to those convictions on the basis of information sent by other Member States of the European Union.
(2) Where the Register of Penalties is informed by another Member State of the European Union of a change in the data referred to in paragraph 1, it shall make such change in the Register of Penalties.
(3) The Supreme Court may decide, on a proposal from the Ministry of Justice, that the conviction of a citizen of the Czech Republic by a court of another Member State of the European Union is treated as a conviction by the court of the Czech Republic if it relates to an act which is criminal even under the law of the Czech Republic and is justified by the seriousness of the act and the type of punishment which has been imposed on him. "
5. In Section 7 and Section 9a, first sentence, the words "for criminal proceedings' are deleted.
6. In Section 10 (1) of the Introductory Part of the provision, the words "from the Register of Penalties (" Copy ')' are deleted.
7. in Article 10 (1) (d) and (e):
"(d) waiving the execution of the sentence of imprisonment or the remainder thereof where the sentenced is to be extradited to a foreign State or transferred to another Member State of the European Union on the basis of a European arrest warrant,
(e) extradition to a foreign State, or ';
8. In Article 10 (1), the following point (f) is added:
"(f) a request from a foreign State."
9. In the second sentence of Paragraph 10 (3), the words "this law or 'shall be inserted after the words" if so'.
10. In Paragraph 10 (5), at the end of the first sentence, the words "including data on foreign convictions, which are regarded as convictions by the courts of the Czech Republic 'shall be added.
11. in Article 10, the following paragraph 6 is added:
"(6) The specific part of the copy shall include the data recorded in the record of the Criminal Register in accordance with § 4a except for biometric data. Where a copy is issued for purposes other than criminal proceedings, the specific part of the copy shall not contain the data recorded in the Register of Penalties referred to in Article 4a, the transmission of which has been excluded for that purpose by the condemning Member State of the European Union. Data on convictions by a court of another Member State of the European Union registered in the Register of Penalties referred to in § 4a shall be indicated in a separate section of the copy as to whether the conviction is treated as a conviction by a court of the Czech Republic on the basis of a decision of the Supreme Court or as a result of recognition of a decision of another Member State of the European Union issued for a criminal offence under the law of the Czech Republic; for such a conviction, it shall also be indicated whether it has been destroyed under a specific legislation. ';
12. In the first sentence of Article 11 (1), the words "from the Register of Penalties (hereinafter referred to as" extract ')' are deleted.
13. in Article 11a (3) of the second sentence after the semicolon, the words "or, if the Register of Penalties cannot, immediately after the receipt of the request, draw up an annex to the extract referred to in Article 13 (2) or (3)," and in the third sentence, the word "who" shall be replaced by "which" and the word "sent" shall be replaced by the word "sent."
14. in the second sentence of Article 11a (4), the words "or, failing that, the annex to the extract referred to in Article 13 (2) or (3)" shall be inserted after the words "paragraph 3."
15. in Article 11a, paragraph 5 is deleted;
16. In the second sentence of Paragraph 12, the words "this law or 'shall be inserted after the words" if so'.
17.
(1) The list shall include all convictions, including data on the conduct of the criminal penalties and protective measures imposed, where, under the law, the perpetrators are not regarded as not being convicted, including convictions by foreign courts, which are treated as convictions by the courts of the Czech Republic. The listing does not include data recorded in the record of the Register of Penalties according to § 4a, which is not seen as a conviction by the courts of the Czech Republic.
(2) An extract issued at the request of a person who is a national of another Member State of the European Union shall be the information referred to in Article 16g (2).
(3) An extract which is issued at the request of a person who has or is resident in another Member State of the European Union or who has been a national of another Member State of the European Union shall be the information referred to in Article 16g (3), provided that that person has requested it in the application for an extract. ';
18. Paragraph 15 (1) is deleted.
Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
19. Paragraph 15 (2) reads:
"(2) The record shall record the date and time of the extract or of the copy, its content, including the content of its annexes, the date and time of the possibility of consulting the copy in accordance with Sections 10, 11, 11a and 12; the date and time at which it was requested shall be indicated. ';
20. The following Section 15a is inserted after Section 15:
(1) Where data necessary for the provision of the criminal record has been provided
(a) State security;
(b) defence;
(c) public security;
(d) the prevention, investigation, detection and prosecution of criminal offences;
(e) the significant economic or financial interest of the Czech Republic or of the European Union, including monetary, budgetary and fiscal matters; or
(f) the protection of data subjects or the rights and freedoms of others;
and the authority to which such data have been provided shall declare in writing that the disclosure of the data provision alert endangers the freezing of any purpose referred to in points (a) to (f), the disclosure of information on the processing of personal data by a natural person under a specific law may not be made available for the duration of that threat, except for the disclosure of that alert to a criminal authority if it is a criminal offence related to the purpose of the provision of data, or to an authority supervising the processing of personal data under a specific law; The criminal record shall only have access to this data entry to the extent necessary for the performance of the activities of the information system administrator under specific legislation.
(2) The authority to which data from the Register of Penalties is to be provided in accordance with paragraph 1 shall be required to notify the Penal Register of data enabling it to be identified and identified by a natural person requesting the provision of data on its behalf and to notify without delay that the threat to the purpose referred to in paragraph 1 (a) to (f) has ceased. "
21. in Article 16a (3) and (4):
"(3) In electronic form bearing an electronic signature (5), criminal records and reports of the court or prosecutors may also be transmitted.
(4) Copies or extracts addressed to courts, law enforcement authorities and to other national authorities and other public authorities for administrative proceedings, and requests for them shall be sent in electronic form, bearing an electronic signature (5), in such a way as to enable remote access, unless otherwise provided by a special law. A copy or extract shall be issued by the Criminal Register without undue delay. ';
22. in Article 16a, the following paragraph 5 is added:
"(5) Where the means of transmission referred to in paragraph 3 or 4 is not possible, copies or extracts and requests for such copies shall be transmitted by other means enabling their authenticity to be verified. ';
23. In Article 16b, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The Register of Penalties shall supply the Ministry of Justice with information on the condemnation of citizens other than Member States of the European Union."
24. in Article 16c (1) and (2):
"(1) The Register of Penalties shall keep a storage facility for the documentation in which the
(a) details of the final decisions of the courts which have been annulled pursuant to paragraphs 2 and 4a and the data excluded from the register pursuant to paragraph 9;
(b) copies and translations condemning decisions and decisions relating to such convictions.
(2) The information referred to in paragraph 1 (a) shall be made available on written request to the person concerned, the court and the Ministry of Justice, the documents referred to in paragraph 1 (b) shall be made available on written request to the person concerned, the court, the law enforcement authority and the Ministry of Justice. Such data shall be provided to another authority where specific legislation so provides. ';
25. In Article 16d (1), the words "unless the international treaty to which the Czech Republic is bound provides for direct contact with the judicial authorities" shall be deleted.
26. in Article 16d (3):
"(3) The criminal record shall, at the request of the competent authority, send a copy of the decision and additional information to the information provided under paragraph 1. In order to fulfil that obligation, the courts shall provide the Register of Penalties with synergies. '
27.
(1) At the request of the competent authority sent in the Czech language on a specified form (7) submitted for criminal proceedings, the Register of Penalties shall send a copy to the competent authority, including all information received from another Member State of the European Union pursuant to Paragraph 16f (1); Paragraph 10 (6) shall not apply.
(2) At the request of the competent authority, sent in the Czech language on a specified form (7), submitted for purposes other than criminal proceedings, the Register of Penalties shall send to the competent authority an extract from the Register of Penalties, including all data received from another Member State of the European Union pursuant to Paragraph 16f (1); instead of data on the conviction against which the condemning Member State of the European Union has excluded its transmission for purposes other than criminal proceedings, the Penal Register shall inform the competent authority that it cannot send such data to it and which Member State of the European Union has transmitted it.
(3) The copy or extract referred to in paragraph 1 or 2 shall be sent by the Register of Penalties to the competent authority no later than 10 working days after receipt of the request; at the same time as this copy or extract, on a specified form (7), in the Czech language, shall send information on the final convictions and the subsequent particulars of such convictions recorded in the Register of Penalties. Where further information is required to handle a request for information on the person for whom data from the Register of Penalties is requested, the Penal Register shall immediately request the competent authority to supplement it. In such a case, it shall send the requested information to the competent authority within 10 working days of the receipt of such further information.
7) The Annex to Council Framework Decision 2009 / 315 / JHA of 26 February 2009 on the organisation and content of the exchange of information from the criminal record between Member States. '.
28.
(1) The Register of Penalties receives information on the final convictions of citizens of the Czech Republic by the courts of another Member State of the European Union in criminal proceedings and on subsequent entries entered in the register of another Member State of the European Union of such convictions by other Member States of the European Union. Information on the final convictions of citizens of the Czech Republic by the courts of another Member State of the European Union in criminal proceedings will be sent by the Register of Penalties to the Ministry of Justice for the procedure laid down in § 4a (3).
(2) The criminal record shall request the competent authority to send a copy of the decision or additional information to the information provided pursuant to paragraph 1 at the request of the Ministry of Justice or of the law enforcement authority or, if necessary, to keep a record of the criminal record.
(3) Information obtained under paragraph 2 may be used only for the purposes for which it was requested or for keeping a record of the Register of Penalties. "
29. The following Section 16g and 16h are inserted after Section 16f, including footnote 8:
(1) The criminal record shall request the competent authority to provide information on final convictions of a natural person for offences and the subsequent data entered in the national record of such convictions if such information is necessary for the purposes of criminal proceedings.
(2) Where a person who is a national of another Member State of the European Union applies for an extract pursuant to § 11 or 11a, the Register of Penalties shall ask the competent authority of the Member State of which that person is a national of the Member State of which that person is a national for information on his final convictions for offences and the subsequent particulars of those convictions entered in the register of that State.
(3) Where a person who has been or is resident in another Member State of the European Union or who has been a national of another Member State of the European Union applies for an extract pursuant to Paragraph 11 or 11a, the Register of Penalties shall, at its request, be required by the competent authority of the Member State of the European Union in which that person has, or is resident, or of which that person has been a national, to provide information on his final convictions for offences and the subsequent particulars of those convictions registered in that State.
(4) The application referred to in paragraphs 1 to 3 shall be sent by the Register of Penalties 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) Information obtained under paragraph 1 may be used only for the purposes of the criminal proceedings for which it was requested. This restriction shall not apply where it is necessary to prevent an immediate and serious threat to public security.
The information and requests referred to in paragraphs 16d to 16g shall be transmitted electronically between the Register of Penalties and the competent authority using the standardised format (8). Where this method of transmission is not possible, it shall be transmitted in paper form or by other means enabling the competent authority to verify its authenticity.
8) Council Decision 2009 / 316 / JHA of 6 April 2009 establishing the European Criminal Records Information System (ECRIS) pursuant to Article 11 of Framework Decision 2009 / 315 / JHA. '
Amendment to the Code of Criminal Procedure
In Article 364a of Act No. 141 / 1961 Coll., on the Criminal Procedure of the Court (Criminal Code), as amended by Act No. 283 / 2004 Coll., the words "after the word" punishments "shall be inserted after the word" on the basis of the recognition of a decision of a foreign court or a decision of the Supreme Court under a special law, or on which, pursuant to a decision of the Supreme Court under a special law, they are treated as a conviction by a court of the Czech Republic. "
Amendment of the Act on the Czech National Bank
§ 44b of Act No. 6 / 1993 Coll., on the Czech National Bank, as amended by Act No. 124 / 2008 Coll., reads:
(1) The Ministry of Interior or Police of the Czech Republic provides the Czech National Bank for the performance of its duties under Part Nine of this Act
(a) reference data from the population base register;
(b) data from the population registration agendas information system;
(c) data from the agency information system of foreigners.
(2) The data provided under paragraph 1 (a) are:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the date, place and district of birth of the data subject who was born abroad, the date, place and state where he was born;
(d) the address of the place of stay;
(e) citizenship and, where appropriate, multiple citizenship.
(3) The data provided under paragraph 1 (b) are:
(a) the name and / or the names, surnames and surnames,
(b) the date, place and district of birth and, in the case of a citizen born abroad, the place and state where he was born;
(c) sex;
(d) birth number,
(e) the address of the place of permanent residence;
(f) citizenship and, where appropriate, multiple citizenship.
(4) The data provided under paragraph 1 (c) shall be:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) citizenship and, where appropriate, multiple citizenship;
(d) the type and address of the place of stay;
(e) the beginning of the stay or, where appropriate, the date of termination of the stay.
(5) Only such data as are necessary to fulfil the task may be used from the data provided in a particular case.
(6) Data which are referred to as reference data in the population base register shall be used from the population registration agendas or from the alien agendas only if they are in the form preceding the current situation.
(7) In order to verify the integrity or credibility of the Czech National Bank, in cases provided for by the law, the Czech National Bank shall, in accordance with a specific law, request an extract from the Register of Penalties and, in cases provided for by a specific legislation, a copy from the Register of Penalties. An application for an extract or a copy from the Register of Penalties and an extract or a copy from the Register of Penalties shall be sent in electronic form in a way which allows remote access. The Czech National Bank is further entitled to require a birth number from persons whose integrity or credibility is assessed to verify integrity or credibility in cases provided for by the law.
(8) For the purposes of access to the register referred to in paragraph 1 (a), in cases provided for by legislation, the Czech National Bank is entitled to require the registration number of the identity card or similar identification document from bodies under specific legislation. "
Amendment of the Act on intelligence services of the Czech Republic
Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic, as 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 Paragraph 11, the following paragraph 3 is inserted after paragraph 2:
"(3) The criminal record shall, upon request, issue to the intelligence service a copy or extract from the criminal record, information on the release of an extract or copy from the criminal record and on the inspection of the copy from the criminal record, including the information at whose request it is made. An application for the issue of a copy or extract from the record of the criminal record or information referred to in the first sentence and a copy or extract from the record of the criminal record shall be transmitted in paper form or in electronic form, in a manner enabling remote access; information other than a copy or extract from the record of the Register of Penalties shall be transmitted by electronic means to the Register of Penalties in a way that allows remote access. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
2. In Article 11 (4), "paragraph 2 'is replaced by" paragraphs 2 and 3';
Amendment to the Probation and Mediation Service Act
In Article 5 of Act No. 257 / 2000 Coll., on Probation and Mediation Service and amending Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Government of the Czech Republic, as amended, Act No. 65 / 1965 Coll., Labour Code, as amended, and Act No. 359 / 1999 Coll., on Social Protection of Children (Law on Probation and Mediation Service), as amended, Act No. 112 / 2006 Coll., the sentence "In the context of Probation and Mediation, the Probation and Mediation Service is entitled to obtain a copy from the Register of the Regiment of Penalties under the Special Law; a request for a copy from the Register of Penalties and a copy from the Register of Penalties shall be sent in electronic form in a way enabling remote access. ';
Amendment of the Act on the Prison Service and the Judicial Guard of the Czech Republic
In Section 23a of Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of 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., the following paragraph 8 is inserted after paragraph 7:
"(8) The prison service may, for the purposes of the records referred to in paragraph 1, request a copy of the record of the Register of Penalties under a specific legislation. An application for a copy from the Register of Penalties and a copy from the Register of Penalties shall be sent in electronic form in a way that allows remote access. ';
Paragraphs 8 and 9 shall be renumbered paragraphs 9 and 10.
Amendment of the Administrative Charges Act
In entry 10 of the Annex to Act No. 634 / 2004 Coll., on Administrative Charges, as amended by Act No. 312 / 2006 Coll., Act No. 130 / 2008 Coll. and Act No. 254 / 2008 Coll., in point (a) the amount "CZK 50 'is replaced by" CZK 100'.
Amendment of the Penal Code
Act No. 40 / 2009 Coll., Criminal Code, as amended by Act No. 306 / 2009 Coll., Act No. 181 / 2011 Coll., Act No. 330 / 2011 Coll., is amended as follows:
1. Paragraph 11, including the title, reads:
Effects of a judgment of a foreign State
(1) The criminal sentence of a foreign state cannot be enforced on the territory of the Czech Republic or have any other effect unless the law or international treaty provides otherwise.
(2) A final conviction by a court of another Member State of the European Union in criminal proceedings shall be treated as a conviction by the court of the Czech Republic for criminal proceedings, if it has been issued for a criminal offence also under the law of the Czech Republic. "
2. In Paragraph 43, at the end of paragraph 4, the words "or if an earlier judgment of condemnation has been delivered by a court of another Member State of the European Union 'shall be added.
3. In Paragraph 45, the following paragraph 4 is added:
"(4) The provision on a joint sentence for the continuation of a criminal offence shall not be used if an earlier judgment condemning the judgment has been delivered by a court of another Member State of the European Union. '
4. Paragraph 89 (1) reads as follows:
"(1) In the case of suspension, the court shall determine the probationary period for convicted persons for up to three years and for convicted persons for one year to seven years; the probationary period shall begin with conditional release of the sentenced. At the same time, the Court of First Instance may decide to supervise the offender and to order that, in the specified part of the probationary period, following the beginning of the probationary period, the offender should stay in his residence or part of the probationary period. Paragraph 49 to 51 shall apply mutatis mutandis to the exercise of supervision. '
Transitional provisions
1. Paragraph 11 (2) of Act No. 40 / 2009 Coll., as effective from the date of the entry into force of this Act, shall not apply to the conviction by a court of another Member State of the European Union of a criminal offence committed before the date of entry into force of this Act.
2. Paragraph 11 (2) of Act No. 40 / 2009 Coll., as effective from the date of entry into force of the Act, shall apply until 27 April 2012 only in respect of the final convictions by a court of a Member State of the European Union registered in a Member State of which he is convicted by a citizen or in the territory of which he is habitually resident.
Amendment of the Judicial Act on Youth Affairs
In Article 78 (2) of Act No. 218 / 2003 Coll., on the responsibility of young people for unlawful acts and on the judiciary in youth matters and on the amendment of certain laws (Law on the judiciary in youth matters), the words "up to one year 'are replaced by the words" up to.'
EFFECTIVE
This Law 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 points 3, 4, 9 to 11, 13, 14, 16 to 20, 24 to 29 and of points 2 and 4, which shall take effect on 27 April 2012.
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Regulation Information
| Citation | Act No. 357 / 2011 Coll., amending Act No. 269 / 1994 Coll., on the Register of Penalties, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.12.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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