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Czech Republic
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Last reviewed on 23 October 2019 by EJN Secretariat
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2002/584/JHA: Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States Implemented   1 Jan 2014

Act No. 104/2013 Coll. of 20 March 2013 on International Judicial Cooperation in Criminal Matters - came into effect from 1 January 2014.

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2009/299/JHA: Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial Implemented   1 Jan 2014 -

Act No. 104/2013 Coll. of 20 March 2013 on International Judicial Cooperation inCriminal Matters

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2000/383/JHA: Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro Implemented   1 Jan 2012 -

This problematic is covered mainly by the Criminal Code no. 40/2009 (entry into force on 1 January 2010) and the Act on criminal liability of legal persons
no. 418/2011 (entry into force on 1 January 2012)

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Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings Implemented   1 Aug 2013 -

The legislation changed and currently the problematic is covered by the Act on victim´s of crime came into force partly on 25 February 2013, 1 April 2013, 1 May 2013 and the rest on 1 August 2013.

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2001/413/JHA: Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment Implemented   1 Jan 2012 -

Currently this problematic is covered mainly by the Criminal Code no. 40/2009 (entry into force on 1 January 2010) and the Act on criminal liability of legal persons no. 418/2011 (entry into force on 1 January 2012)

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2001/500/JHA: Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime Implemented   -

Act No. 104/2013 Coll. of 20 March 2013 on International Judicial Cooperation in Criminal Matters

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2002/465/JHA: Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (JIT) Implemented   -

Act No.104/2013 Coll., on International Judicial Cooperation in Criminal MattersAct No. 82/1998 Coll., on Liability for damage incurred within the state administration or due to the incorrect administrative procedure Act No. 40/2009 Coll.,Criminal Code (in consolidated version)

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2002/475/JHA: Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism Implemented   -

Act No. 40/2009 Coll.,Criminal Code (in consolidated version), Act No. 141/1961 Coll., Criminal Proceedings Code (in consolidated version), Act No. 45/2013 Coll., on Victims of Criminal Offences and Proceedings against Them

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2002/629/JHA: Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings   - --

Framework Decision replaced by 2011/36/EU: Directive on preventing and combating trafficking in human beings and protecting its victims of 5 April 2011, and replacing Council Framework Decision 2002/629/JHA, (table of status of implementation), which this country has implemented.

2002/946/JHA: Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence Implemented   1 Jan 2012 -

Currently this problematic is covered mainly by the Criminal Code No. 40/2009 Coll. (entry into force on 1January 2010) and the Act on Criminal Liability of Legal Persons No. 418/2011 Coll.(entry into force on 1 January 2012) 

Report from the Commission on the implementation of this Framework Decision.

2003/568/JHA: Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector Implemented   1 Jan 2012 -

Currently this problematic is covered mainly by the Criminal Code No. 40/2009 Coll. (entry into force on 1January 2010) and the Act on Criminal Liability of Legal Persons No. 418/2011 Coll.(entry into force on 1 January 2012)

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2003/577/JHA: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence Implemented   1 Jul 2006

Transposition by Czech Republic of Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence. Declaration and competent authorities

Act No.104/2013 Coll., on International Judicial Cooperation in Criminal Matters Act No. 86/2015 Coll., amending the Act No.279/2003 Coll., on the Freezing of Assets and Property in the Criminal Proceedings and amending further Laws Act No. 55/2017 Coll.,amending the Act No.40/2009 Coll., the Criminal Code (in consolidated version) and the Act No.141/1961 Coll., the Criminal Proceedings Code (in consolidated version) and further Laws

Complementary information provided by the Council Secretariat. Entry into force of new legislation: 01/01/2014

2004/68/JHA: Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography Implemented   1 Jan 2010 -

Act No. 40/2009 Coll., the Criminal Code (in consolidated version) (entry into force on 1 January 2010)

Framework Decision replaced by Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography of 13 December 2011 , and replacing Council Framework Decision 2004/68/JHA (table of status of implementation) which this country has implemented.

2004/757/JHA: Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking Implemented   1 Jan 2012 -

Act No. 40/2009 Coll., the Criminal Code (in consolidated version), Act No. 418/2011 Coll., on Criminal Liability of Legal Persons and Proceedings against Them, Act No. 141/1961 Coll., the Criminal Proceedings Code(in consolidated version), Act No.104/2013 Coll., on International Judicial Cooperation in Criminal Matters and further Laws

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2005/212/JHA: Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property Implemented   1 Jul 2006 -

Act No. 40/2009 Coll., the Criminal Code (in consolidated version), Act No. 89/2012 Coll., the Civil Code (in consolidated version), Act No. 218/2003 Coll., on Juvenile Justice (in consolidated version), Act No. 141/1961 Coll., the Criminal Proceedings Code (in consolidated version) and further Laws

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2005/222/JHA: Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems Implemented   ---
2005/214/JHA: Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties Implemented   1 Jan 2008

Notification of the implementation of the Framework Decision on Financial Penalties by Czech Republic. 3 June 2008

Notification of the implementation of the Framework Decision on Financial Penalties by Czech Republic. 20 July 2010

Act No.104/2013 Coll., on International Judicial Cooperation in Criminal Matters – came into effect on 01/01/2014. Act No. 105/2013 Coll., amending further Acts in relation to adoption of the Act on International Judicial Cooperation in Criminal Matters Act No. 418/2011 Coll., on Criminal Liability of Legal Persons and Proceedings against Them

Complementary information provided by the Council Secretariat

2006/783/JHA: Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders Implemented   1 Jan 2009

Notification of the implementation of the Framework Decision on Confiscation Orders by Czech Republic

Amendment to the notification and declaration made by the Czech Republic in relation to the relevant provisions of Framework Decision on Confiscation Orders

Act No.104/2013 Coll., on International Judicial Cooperation in Criminal Matters(in consolidated version), Act No. 86/2015 Coll., amending the Act No.279/2003 Coll., on the Freezing of Assets and Property in the Criminal Proceedings and amending further Laws Act No. 218/2003 Coll., on Juvenile Justice (in consolidated version), Act No. 55/2017 Coll., amending the Act No.40/2009 Coll., the Criminal Code (in consolidated version) and the Act No. 141/1961 Coll., the Criminal Proceedings Code (in consolidated version) and further Laws

Complementary information provided by the Council Secretariat

2006/960/JHA: Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence Implemented   ---
2008/675/JHA: Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings Implemented   3 Aug 2012 -

Act No. 40/2009 Coll., the Criminal Code (in consolidated version), Act No. 141/1961 Coll., the Criminal Proceedings Code (in consolidated version)

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2008/841/JHA: Council Framework Decision 2008/841/JHA of 24 October 2008 for organised crime Implemented   1 Jan 2014 -

Currently this problematic is covered mainly by the Criminal Code No. 40/2009 Coll. (entry into force on 1January 2010) and the Act on criminal liability of legal persons No. 418/2011 Coll. (entry into force on 1 January 2012), the Act No.104/2013 Coll., on International Judicial Cooperation in Criminal Matters – came into force on 1 January 2014 and the Criminal Proceedings Code No. 141/1961 Coll.

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2008/909/JHA: Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purposes of their enforcement Implemented   1 Jan 2014

Act No 104/2013 Coll., on International Judicial Cooperation in Criminal Matters

Complementary information provided by the Council Secretariat

Complementary information: Declarations under Article 7(4) -double criminality- and Article 28(2) -transitional provision-

2008/913/JHA: Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law Implemented   1 Jan 2012 -

Act No. 40/2009 Coll., the Criminal Code (in consolidated version), Act No. 418/2011 Coll., on Criminal Liability of Legal Persons and Proceedings against Them, Act No. 89/2012 Coll., the Civil Code (in consolidated version), Act No. 141/1961 Coll., the Criminal Proceedings Code(in consolidated version), Resolution 2/1993 Coll., Charter on Fundamental Rights and Freedoms

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2008/919/JHA: Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism Implemented   -

Act No. 40/2009 Coll., the Criminal Code (in consolidated version),  Resolution 2/1993 Coll., Charter on Fundamental Rights and Freedoms

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2008/947/JHA: Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions Implemented   1 Jan 2014

Notification on the implementation of the FD on Probation Decisions by Czech Republic

Act No 104/2013 Coll. on International Judicial Cooperation in Criminal Matters

Complementary information provided by the Council Secretariat

2008/977/JHA: Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters Implemented   1 Jan 2014 -

Act of 20 March 2013 on International Judicial Cooperation in Criminal Matters – came into force on 1 January 2014

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2008/978/JHA: Council Framework Decision 2008/978/JHA of 18 December 2008 on the European Evidence Warrant (EEW) for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters. – repealed by Regulation (EU) 2016/95 of 20 January 2016 repealing certain acts in the field of police cooperation and judicial cooperation in criminal matters. Implemented   ---
2009/315/JHA: Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of exchange of information extracted from the criminal record between Member States Implemented   -

Act No. 269/1994 Coll., on Criminal Register (in consolidated version), Act No. 141/1961 Coll., the Criminal Proceedings Code (in consolidated version), Act No. 40/2009 Coll., the Criminal Code (in consolidated version), Act No.104/2013 Coll., on International Judicial Cooperation in Criminal Matters and further Laws

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2009/829/JHA: Council Framework Decision 2009/829/JHA of 23 October 2009 for supervision measures Implemented   1 Jan 2014

Notification of the implementation of the Supervision Measures FD by Czech Republic

Act No.104/2013 Coll., on International Judicial Cooperation in Criminal Matters (in consolidated version)

Complementary information provided by the Council Secretariat

2009/948/JHA: Council Framework Decision 2009/948/JHA of 30 November 2009 for conflicts of jurisdiction Implemented   1 Jan 2014

Notification on the implementation of Framework Decision on conflicts of jurisdiction by by Czech Republic

Act No.104/2013 Coll., on International Judicial Cooperation in Criminal Matters (in consolidated version)

Complementary information provided by the Council Secretariat

2001/40/EC: Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals Implemented   -

Act No. 326/1999 Coll., onthe Residence of Foreign Nationals on the Territory of the Czech Republic (in consolidated version) and further Laws

National Implementing Measures provided to the European Commission

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2002/90/EC: Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence Implemented   -

Act No. 40/2009 Coll., theCriminal Code (inconsolidated version)

National Implementing Measures provided to the European Commission

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2004/80/EC: Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims Implemented   -

National Implementing Measures provided to the European Commission

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2005/35/EC: Directive 2005/35/EC of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements Implemented   -

National Implementing Measures provided to the European Commission

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2005/60/EC: Directive 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing Implemented   -

National Implementing Measures provided to the European Commission

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2006/70/EC: Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC Implemented   -

Act No. 253/2008 Coll., on Certain Measures Against the Legalization of Proceeds of Crime and the Financing of Terrorism

National Implementing Measures provided to the European Commission

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2008/99/EC: Directive 2008/99/EC of 19 November 2008 on the protection of the environment through criminal law Implemented   -

Act No. 40/2009 Coll., the Criminal Code (in consolidated version), Act No. 89/2012 Coll., the Civil Code (in consolidated version), Act No. 418/2011 Coll., on Criminal Liability of Legal Persons and Proceedings against Them and further Laws

National Implementing Measures provided to the European Commission

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2009/123/EC: Directive 2009/123/EC of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements Implemented   -

Act No. 89/2012 Coll., the Civil Code (in consolidated version)Act No. 40/2009 Coll., the Criminal Code (in consolidated version), Act No. 418/2011 Coll., on Criminal Liability of Legal Persons and Proceedings against Them

National Implementing Measures provided to the European Commission

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2010/64/EU: Directive 2010/64/EU of 20 October 2010 on the right to interpretation and translation in criminal proceedings Implemented   -

Act No. 141/1961 Coll., the Criminal Proceedings Code (in consolidated version), Act No.104/2013 Coll., on International Judicial Cooperation in Criminal Matters (in consolidated version), Act No. 36/1967 Coll., on Certified experts and Interpreters and further Laws

National Implementing Measures provided to the European Commission

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2011/36/EU: Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings, and replacing Council Framework Decision 2002/629/JHA Implemented   6 Apr 2013 -

National Implementing Measures provided to the European Commission

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2011/82/EU: Directive 2011/82/EU of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences   - ---
2011/92/EU: Directive 2011/92/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA Implemented   -

National Implementing Measures provided to the European Commission

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2011/99/EU: Directive 2011/99/EU of 13 December 2011 on the European Protection Order Implemented   1 May 2015

Notification of the implementation of the Directive on the European Protection Order by Czech Republic. Competent authorities

Act No.104/2013 Coll., on International Judicial Cooperation in Criminal Matters (in consolidated version), Act No. 218/2003 Coll., on Juvenile Justice (in consolidated version), Act No. 45/2013 Coll., on Victims of Criminal Offences, Act No. 141/1961 Coll., the Criminal Proceedings Code (in consolidated version) Constitutional Act No.1/1993 Coll., Constitution of the Czech Republic, Act No. 40/2009 Coll., the Criminal Code (in consolidated version) and further Laws

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2012/13/EU: Directive 2012/13/EU of 22 May 2012 on the right to information in criminal proceedings Implemented   -

Act No. 141/1961 Coll., the Criminal Proceedings Code (in consolidated version), Act No. 40/2009 Coll., the Criminal Code (in consolidated version), Act No. 418/2011 Coll., on Criminal Liability of Legal Persons and Proceedings against Them, Act No.104/2013 Coll., on International Judicial Cooperation in Criminal Matters (in consolidated version) – came into effect on 01/01/2014.

National Implementing Measures provided to the European Commission

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2012/29/EU: Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime Implemented   -

National Implementing Measures provided to the European Commission

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2013/32/EU: Directive on common procedures for granting and withdrawing international protection of 26 June 2013 Implemented   -

National Implementing Measures provided to the European Commission

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2013/40/EU: Directive 2013/40/EU of 12 August 2013 on attacks against information systems replacing Council Framework Decision 2005/222/JHA Implemented   -

National Implementing Measures provided to the European Commission

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2013/48/EU: Directive 2013/48/EU of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons Implemented   1 May 2017 -

National Implementing Measures provided to the European Commission

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2014/42/EU: Directive 2014/42/EU of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union Implemented   -

National Implementing Measures provided to the European Commission

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2014/41/EU: Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters Implemented   16 Aug 2018

Notification of the transposition of Directive 2014/41/EU on European Investigation Order in criminal matters by Czech Republic (05/09/2019)

Act No.104/2013 Coll., on International Judicial Cooperation in Criminal Matters (in consolidated version), as amended by the Act No. 178/2018 Coll.

Useful tools and information for the practical application of the European Investigation Order (EIO) directive

2014/62/EU: Directive 2014/62/EU of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law and replacing Council Framework Decision 2000/383/JHA Implemented   -

National Implementing Measures provided to the European Commission

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2014/66/EU: Directive on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer of 15 May 2014 Implemented   -

National Implementing Measures provided to the European Commission

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Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive) Implemented   -

National Implementing Measures provided to the European Commission

 

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2015/413/EU: Directive 2015/413/EU of 11 March 2015 facilitating cross-border exchange of information on road-safety-related traffic offences Implemented   -

National Implementing Measures provided to the European Commission

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2015/849/EU: Directive 2015/849/EU of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012, and repealing Directive 2005/60/EC Implemented   -

National Implementing Measures provided to the European Commission

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2016/343/EU: Directive 2016/343/EU of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings Implemented   -

Act No. 141/1961 Coll., theCriminal Proceedings Code (in consolidated version), Resolution 2/1993 Coll., Charter on Fundamental Rights and Freedoms Act No. 40/2009 Coll., the Criminal Code (in consolidated version) Act No. 273/2008 Coll., on the Police of the Czech Republic (in consolidated version) and further Laws

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(EU) 2016/680: Directive (EU) 2016/680 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA Planned   process ongoing -

National Implementing Measures provided to the European Commission

Implementation has been almost completed. 

The implementing legislation is currently submitted to the Parliament and is envisaged to enter into force in May 2019

2017/541/EU: Directive 2017/541/EU of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA Implemented   1 Feb 2019 -

National Implementing Measures provided to the European Commission

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2016/681/EU: Directive 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime   - ---
2016/800/EU: Directive 2016/800/EU of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings Planned   process ongoing -

Act No. 218/2003 Coll., on Juvenile Justice (in consolidated version);

Act No. 141/1961 Coll., the Criminal Proceedings Code (in consolidated version);

Act No. 293/1993 Coll., on pretrial detention  (in consolidated version)

Implementation has been almost completed. 

The implementing legislation is currently submitted to the Parliament and is envisaged to enter into force on 1 June 2019.

2016/1919/EU: Directive 2016/1919/EU of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings Planned   process ongoing -

Act No.104/2013 Coll., on International Judicial Cooperation in Criminal Matters (in consolidated version) 

The implementing legislation is currently submitted to the Parliament and is envisaged to enter into force approx. in May 2019.

2017/1371/EU: Directive 2017/1371/EU of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law Planned   process ongoing -

Act No. 40/2009 Coll., the Criminal Code (in consolidated version)

The implementing legislation is currently submitted to the Parliament and is envisaged to enter into force on 6 July 2019.

2018/1673/EU: Directive 2018/1673/EU of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law.   - ---
2019/713/EU Directive of the European Parliament and the Council of 17 April 2019 on combating fraud and counterfeiting of non-cash means of payment replacing Council Framework Decision 2001/413/JHA   - ---
2019/884/EU: Directive (EU) 2019/884 of the European Parliament and of the Council of 17 April 2019 amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third-country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA   - ---
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