Competent authority

The following authorities are competent to issue a production order :

• a residing judge
• a public prosecutor
• a police authority

Section 78 (3) of the Code of Criminal Procedure No. 141/1961 Coll.

Basis in law

Production orders can be issued based on :

• Section 78 Code of Criminal Procedure No. 141/1961 Coll.
  Obligation to Surrender Items
  (1) Anyone who has an item substantial for criminal proceedings in his possession is obliged to present it upon a request to the court, public prosecutor or Police authority; if it is necessary to secure the item for the purposes of criminal proceedings, the person is obliged to surrender the item upon a request to these authorities. Along with the request the person shall be instructed that if he fails to comply with the request, the item may be seized from him, as well as about other consequences of the non compliance (Section 66).
  (2) The obligation referred to in sub-section (1) does not apply to documents, content of which is related to circumstances subject to prohibition of questioning, unless acquittal of the obligation to keep the matter confidential or acquittal of an obligation of silence (Section 99) occurred.
  (3) Surrender of an item may be ordered by the presiding judge and in pre-trial proceedings by the public prosecutor or Police authority.
• Section 79 Code of Criminal Procedure No. 141/1961 Coll.
  Removal of Items
  (1) If an item essential for criminal proceedings is not surrendered by the person who has it in his possession, such an item may be removed upon an order of the presiding judge an in pre-trial proceedings upon an order of the public prosecutor or Police authority. The Police authority must have a previous consent of the public prosecutor for issuing such an order.

If different for subscriber information

In order to obtain subscriber information, the following provisions can be used:

• Sections 18 and 66 of the Act of the Police of the Czech Republic No. 273/2008 Coll.
• Section 8, subsection 1 of the Code of Criminal Procedure No. 141/1961 Coll.
  (1) Public authorities, legal entities and natural persons are obliged to comply without undue delay, and unless a special legal regulation provides otherwise, also without a consideration, with request of authorities involved in criminal proceedings in the performance of their tasks. Furthermore, public authorities are also obliged to immediately notify the public prosecutor or police authorities of facts indicating that a criminal offence has been committed.

If different for traffic data

Section 97 of the Act of 22 February 2005 on Electronic Communications and on Amendments to Certain Related Acts No. 127/2005 Coll. provides this obligation for providers of public communications network:
A legal entity or a natural person providing a public communications network or a publicly available electronic communications service shall store for a period of 6 months traffic and location data which are created or processed during the operation of their public communications networks and during the provision of their publicly available electronic communications services (Section 97 of the Act of 22 February 2005 on Electronic Communications and on Amendments to Certain Related Acts No. 127/2005 Coll.)

Form

N/A

Competent authority

A preservation order can be issued by law enforcement  (police)

Basis in law

Preservation order can be issued based on:

• Title V of the Act of 22 February 2005 on Electronic Communications and on Amendments to Certain Related Acts No. 127/2005 Coll.
• Section 97 of the Act of 22 February 2005 on Electronic Communications and on Amendments to Certain Related Acts No. 127/2005 Coll:
  A legal entity or a natural person providing a public communications network or a publicly available electronic communications service shall store for a period of 6 months traffic and location data which are created or processed during the operation of their public communications networks and during the provision of their publicly available electronic communications services ().
• Section 8 Code of Criminal Procedure No. 141/1961 Coll. Public authorities, legal entities and natural persons are obliged to comply without undue delay, and unless a special legal regulation provides otherwise, also without a consideration, with request of authorities involved in criminal proceedings in the performance of their tasks.

The police can require the traffic data within the criminal proceedings pursuant to:

• Section 88, letter a) of the Code of Criminal Procedure No. 141/1961 Coll.
  (1) If it is necessary for the purposes of criminal proceedings conducted for a criminal offence, for which the law prescribes a sentence of imprisonment with the upper limit of at least three years, for a criminal offences of Breach of secrecy of correspondence (Section 182 of the Criminal Code), Fraud (Section 209 of the Criminal Code), Unauthorised access to computer systems and information media (Section 230 of the Criminal Code), Obtaining and possession of access device and computer system passwords and other such data (Section 231 of the Criminal Code), Dangerous threatening (Section 353 of the Criminal Code), Dangerous pursuing (Section 354 of the Criminal Code), Spreading of alarming news (Section 357 of the Criminal Code), Incitement to criminal offence (Section 364 of the Criminal Code), Approval of criminal offence (Section 365 of the Criminal Code) or for an intentional criminal offence, prosecution of which is stipulated by an international treaty binding the Czech Republic, to ascertain data on telecommunication traffic that are subject to the telecommunication secrecy or to which applies protection of personal and mediated data and if the followed purpose cannot be achieved otherwise or it its achieving would be substantially more difficult, the presiding judge shall order submitting the data to the court in trial proceedings, and in pre-trial proceedings the judge shall order their submitting to the public prosecutor or to the Police authority upon a motion of the public prosecutor. The order for ascertaining data on telecommunication traffic must be issued in writing and must be reasoned, including a specific reference to a promulgated international treaty in case the criminal proceedings is being conducted for a criminal offence, prosecution of which is stipulated by this international treaty. If the request concerns a specific user, the order must include his identity, if it is known.
  (2) The public prosecutor or the Police authority, by whose decision was the case finally and effectively terminated and in trial proceedings the presiding judge of the panel of the court of the first instance shall inform the user referred to in sub-section (1), if he is known, after the final and effective termination of the case, about the ordered ascertaining of data on telecommunication traffic. The information contains identification of the court that issued the order for ascertaining of data on telecommunication traffic and data on the period concerned by this order. The information shall also contain an advice on the right to file a petition for a review of the legality of the order for ascertaining of data on telecommunication traffic to the Supreme Court within six months from the day of service of this information. The information shall be submitted by the presiding judge of the panel of the court of the first instance without an undue delay after the final and effective termination of the case. The public prosecutor, by whose decision was the case finally end effectively terminated shall submit the information without an undue delay after the expiration of the time limit for reviewing his decision by the Supreme Public Prosecutor according to Section 174a and the Police authority, by whose decision was the case finally and effectively terminated shall submit the information without an undue delay after the expiration of the time limit for reviewing his decision by the public prosecutor according to Section 174 (2) e).
  (3) The information according to sub-section (2) shall the presiding judge, the public prosecutor or the Police authority not submit in proceedings on a felony, for which the law stipulates a sentence of imprisonment with the upper limit of at least eight years, committed by an organised criminal group, in proceedings on a criminal offence committed in favour of an organised criminal group, in proceedings on a criminal offence of Participation in organised criminal group (Section 361 of the Criminal Code), or if more persons took part in commission of the criminal offence and in relation to at least on of them the criminal proceedings was not finally and effectively terminated, or if criminal proceedings is being conducted against the person, to who is the information to be conveyed, or if giving such information could compromise the purpose of this or another criminal proceedings, or if it could lead to endangering of the security of State, or the life, health, rights or freedoms of persons.
  (4) The order according to sub-section (1) is not necessary, if the user of the telecommunication device concerned by the data on the executed telecommunication traffic gives his consent to submitting the data.
• and when in monitoring people and things based on Act of the Police of the Czech Republic No. 273/2008 Coll.

If different for subscriber information

If different for traffic data

Form

Definition of emergency situation

Obligation to cooperate

Obligation of secrecy

• Breach of Confidentiality of Files and other Private Documents (Section 183 of the Czech Criminal Code No. 40/2009 Coll.)  

  (1) Whoever without an authorisation breaches confidentiality of files or other documents, photographs, film or other recordings, computer data, or other private documents by another person by publishing, making them available to third parties, or otherwise uses them, shall be sentenced to imprisonment for up to one year, by prohibition of activity, or to confiscation of items or other asset values.
  (2) An offender shall be sentenced to imprisonment for up to two years, to prohibition of activity, or to confiscation of items or other asset values, if he/she commits the act referred to in Sub-section (1) with the intention to obtain for him-/herself or for another material or other profit, to cause damage or other serious detriment to another, or to threaten his/her social status.
  (3) An offender shall be sentenced to imprisonment for six months to five years or to a pecuniary penalty, if he/she
  a) commits the act referred to in Sub-section (1) as a member of an organised group,
  b) commits such an act against another person for his/her true or presupposed race, belonging to an ethnical group, nationality, belonging to a certain social group, political or religious beliefs or for true or presupposed lack or religious faith,
  c) causes substantial damage by committing such an act, or
  d) commits such an act with the intention to gain substantial profit for him-/herself or for another.
  (4) An offender shall be sentenced to imprisonment for two to eight years, if he/she
  a) causes extensive damage by the act referred to in Sub-section (1) , or
  b) commits such an act with the intention to gain substantial profit for him-/herself or for another.

• Act No. 412/2005 Coll. on the Protection of Classified Information
  Subject of the Act
  This Act regulates the principles for determination of information as classified information, conditions for access to it and further requirements for its protection, principles for determination of sensitive activities and conditions for their performance and related performance of the state administration.

Non respect of the obligation of secrecy

A person can be sentenced to imprisonment for up to one year, to prohibition of activity, or to confiscation of items (The length of imprisonment may vary, depending on the intention behind the caused breach of confidentiality of files and other private documents).

Exception