Citation(s) from the GunPolicy.org literature library

Czech Republic. 2014 ‘Natural Person with No Criminal Record.’ Act on Firearms and Ammunition, as amended; Part One, Title IV (Section 22), pp. 15-17. Prague: Parliament and Ministry of the Interior of the Czech Republic. 1 July

Relevant contents

Section 22: Natural Person with No Criminal Record

(1) A person shall not be deemed under this Act to be without a criminal record if he/she was sentenced by a final and conclusive decision of a court for the following criminal offences:

a) high treason, subversion of the republic, terrorism, a terrorist attack, sabotage, espionage, war treason, participation in an organised criminal group, endangering the safety of the public, assuming control of the aircraft, civil boat or a fixed platform, endangering the safety of a means of transport or a civil vessel, air piracy, murder or genocide, for which a person received an exceptional sentence of imprisonment or a sentence of imprisonment for a term of more than twelve years or, in the case of a juvenile offender, a sentence of imprisonment for a term between five to ten years;

b) a criminal offence listed under letter a) for which a person received a sentence of imprisonment for a term between five to twelve years or a wilful criminal offence against life and health, freedom and for the protection of personality, privacy and mail secret, against human dignity as regards forced sex or any other intentional criminal offence committed by using a weapon for which such person received a sentence of imprisonment exceeding five years and where at least 20 years have not yet passed since the termination of such sentence;

c) a criminal offence listed under letter (a) or (b) or any other intentional criminal offence if, since the final and conclusive decision of a court or since the termination of such sentence if a sentence was imposed,
1. at least ten years have not yet passed as regards a sentence of imprisonment exceeding a term of two years;
2. at least five years have not yet passed as regards a sentence of imprisonment exceeding a term of two years or any sanction other than the sentence of imprisonment; or
3. at least three years have not yet passed as regards absolute discharge, conditional discharge under supervision, absolute discharge of a juvenile or conditional discharge of a juvenile or if there was a guilty verdict but the sanction was not imposed within criminal proceedings as prosecution continued at the request of the accused or charged person or a criminal sanction was not imposed after discharge of a juvenile under a special legal regulation; or

d) a criminal offence committed with negligence by violating duties concerning possessing, carrying or using a firearm or ammunition, if at least three years have not yet passed since the relevant decision of the court came into effect.

(2) A person shall not be deemed under this Act to be without a criminal record if such person was sentenced abroad for a criminal offence the constituent elements of which correspond to constituent elements of some of the criminal offences referred to in paragraph 1. The period for which a natural person is deemed to be without a criminal record is analogous to periods stipulated in paragraph 1.

(3) A person applying for a firearm permit for group F or a firearm licence for group K1 shall not be deemed under this Act to be without a criminal record if such person was sentenced by a final and conclusive decision of a court for a criminal offence of, conducting international trade in military material without a permit or licence, violating rules for issuance of a permit or licence for international trade in military material, falsifying data and not maintaining records regarding international trade in military material, an attack against a state authority, posing threats with the aim to influence a state authority, an attack against a public official, posing threats with the aim to influence a public official, unauthorised arming, development, production and possession of prohibited weapons, unauthorised production and/or possession of radioactive material and highly dangerous substances, defamation of a nation, race, ethnic or any other group, inciting hate against a group of persons or restriction of their rights and freedoms, torture or any other inhuman or cruel treatment, support and propagation of movements suppressing human rights and freedoms, using prohibited weapons and impermissible methods of fighting, war atrocities, persecution of people, or any other criminal offence committed by using a weapon.

(4) For the purpose of assessing the criminal records of a natural person the relevant police unit shall apply for an extract from the Register of Criminal Records. An application for an extract from the Register of Criminal Records and the extract from the Register of Criminal Records itself shall be submitted and then provided in electronic form via e-mail. When assessing the criminal record of a natural person neither erasure of a sentence under a special legal regulation nor other any cases which constitute grounds that an offender is deemed to have never been sentenced shall be taken into account.

ID: Q8929

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