Octopus Cybercrime Community

The cybercrime legislation of the Czech Republic is to be found in two codes, namely the Act No. 40/2009 Coll., the Czech Criminal Code, as amended (Czech Criminal Code) and the Act No. 141/1961 Coll., the Code of Criminal Procedure, as amended (Code of Criminal Procedure). There are also other relevant acts which are listed in the “Related laws and regulations” section bellow.

Article 2 of the Convention on Cybercrime (hereinafter referred to as “Convention”) is implemented by Section 230 Subsection 1 of the Czech Criminal Code.

Article 3 is embodied in Section 182 Subsection 1 lit. c) of the Czech Criminal Code.

Article 4 is implemented in Section 230 Subsection 2 lit. b) and c) of the Czech Criminal Code.

Article 5 is enshrined in Section 230 Subsection 2 lit. b), c), d) in connection with Section 230 Subsection 3 lit. b) of the Czech Criminal Code.

Article 6 is implemented by Section 231 of the Czech Criminal Code.

Actions described in Article 7 are punishable pursuant to Section 230 Subsection 2 lit. c) of the Czech Criminal Code.

Article 8 is implemented by Section 230 Subsection 3 lit. a) of the Czech Criminal Code.

The criminal conduct detailed in Article 9 is criminalized by Section 192 and Section 193a in conjunction with Section 126 of the Czech Criminal Code.

Article 10 is covered by Section 270 of the Czech Criminal Code.

The criminal conduct described in Article 11 is fully implemented by Sections 21, 23 and 24 of the Czech Criminal Code.

The criminal conduct of legal persons detailed in Article 12 is fully implemented by Act No. 418/2011 Coll., on Criminal Liability of Legal Persons and Proceedings against Them as amended (Sections 7 and 8).

The rules on expedited preservation of stored computer data (Article 16) are embodied in Section 7b Subsection 1 of the Code of Criminal Procedure. The rules on expedited preservation and partial disclosure of traffic data (Article 17) are enshrined in Section V (data protection, services and electronic communications networks) of the Electronic Communications Act. In accordance with Section 97 Subsection 3 of the Electronic Communications Act, a legal or natural person providing a public communications network or providing a publicly available electronic communications service is obliged to store traffic and location data for a period of 6 months. This legal or natural person, who stores traffic and location data, is obliged to provide it without delay to the law enforcement authorities for the purposes and in compliance with the conditions stipulated by Code of Criminal Procedure. The police is authorised to request traffic data in the criminal proceedings pursuant to Section 88a of the Code of Criminal Procedure, and in the situation of monitoring people and things based on Police Act.

The rules that enable the production of data [Article 18(1)(a)] are provided in Sections 78 and 79 of the Code of Criminal Procedure.

The production of subscriber data by service providers [Article 18(1)(b)] is to be found in Section 66, Act No. 273/2008 Coll., on the Police of the Czech Republic.

Article 19 (search and seizure of stored computer data) is embodied in Sections 82 - 85(b) of the Code of Criminal Procedure.

The rules on interception of data (Article 21) are enshrined in the Code of Criminal Procedure (Sections 88, 88a and 158d), Electronic Communications Act [Section 97 Subsection 1, 2 and 8)], and Act on protection of classified information and security eligibility.

General rules and safeguards apply. Supervision over compliance with the legality in pre-trial proceedings shall be conducted by the public prosecutor [§ 174 Subsection 1 of the Code of Criminal Procedure No. 141/1961 Coll.]. There is also a possibility to request for a review of actions taken by a police authority and public prosecutor according to Section 157a of the Code of Criminal Procedure.

The restrictions and limitations in investigation procedure contained in Article 15 are implemented by international treaties to which the Czech Republic is a party, namely e. g. the European Convention on Human Rights (Art. 8) and the Charter of Fundamental Rights and Freedoms (Art. 13).

Besides the abovementioned codes, there are important acts related to the cybercrime area:

Act No. 273/2008 Coll., on the Police of the Czech Republic

Act No. 127/2005 Coll. on Electronic Communications as amended (Electronic Communications Act).

Act No. 418/2011 Coll., on Criminal Liability of Legal Persons and Proceedings against Them

Act No. 412/2005 Coll. on Protection of Classified Information and Security Eligibility

Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime No. 33/1997 Coll.

Act. No. 110/2019 Coll. on processing of personal data and the Act No. 111/ 2019 Coll., amending some acts in relation to the adoption of the act on processing of personal data became effective as late as of 24 April 2019 (Source: Information on the recent developments at national level in the data protection field) replacing Act No. 101/2000 Coll., on the Protection of Personal Data.

If the mutual legal assistance in criminal matters is concerned, the judicial authorities to execute the request in principle are the courts and the state prosecutor’s offices (judicial authorities).

There are two central authorities for the mutual legal assistance in criminal matters.

The Supreme Public Prosecutor’s Office of the Czech Republic is the competent central authority in the pre-trial stage of criminal proceedings whereas the Ministry of Justice of the Czech Republic is the competent central authority for the trial stage of criminal proceedings and when extradition and execution of sentences is concerned.

Unless the international treaty provides for a direct contact of judicial authorities, there is a contact via central authorities.

Complying with Article 35 of the Budapest Convention, a contact point was established. It is based at the Cyber Crime Division, National Organized Crime Agency, Criminal Police and Investigation Service (Police of the Czech Republic).

The Czech Republic signed and ratified almost all of the conventions and treaties on international cooperation in criminal matters within the Council of Europe, the European Union and the United Nations. The Czech Republic is also a Member State of OECD and has almost 40 bilateral Treaties on mutual legal assistance in criminal matters.