Foreigners in the Czech Republic

The numbers of prosecuted and accused individuals, individuals disposed of in simplified pre-trial proceedings, and individuals on whom a motion for punishment was submitted are compiled from statistical criminal reports completed by district, regional and high prosecuting attorney’s offices. The reports are not made, if proceedings on a matter took place and no perpetrator (suspect) was revealed. The statistical criminal report is completed:

― in accordance with the contents of files, identically for all persons irrespective of the way the matter is settled;
― when the matter concerned is meritoriously settled by a police authority or a prosecuting attorney in pre-trial criminal proceedings or when a criminal action is brought against or a motion for punishment lodged;
― only once for the same matter, namely at the first issuance of meritorious in pre-trial proceedings.

The numbers of convicted persons are also derived from statistical criminal reports completed by district and regional courts of law immediately when the ruling comes into force and for each person concerned. Where the proceedings were discontinued conditionally, the report is not completed, until the final and conclusive decision of the court made in compliance with Article 308 of the Criminal Code. If a convicted person is guilty of more crimes, only the most serious crime is included. The total number of the convicted excludes cases, in which cumulative sentences were imposed, new trial was permitted or complaint against a breach of law was lodged.

The data on persons in custodial establishments and in prisons are taken from records of the General Directorate of the Prison Service of the Czech Republic.

The trends in the numbers of prosecuted, accused and convicted persons and on persons in custodial establishments and prisons are affected, among other things, by amnesties granted by the president of the Czech Republic.

Prosecuted - the number of persons, whose criminal prosecution carried out according to Article 160 of the Criminal Code was terminated in the reference year.

Accused - the number of persons, against whom action was brought pursuant to Article 176 of the Criminal Code in the reference year.

Simplified pre-trial proceedings - the number of persons for whom simplified pre-trial proceedings pursuant to Article 179a of the Criminal Code were terminated in the reference year.

Moved for punishment - the number of persons on whom a motion for punishment was submitted in court pursuant to Article 179c of the Criminal Code.

Convicted - the number of persons finally and conclusively convicted in the reference year.

Accused person - a person suspicious of committing a criminal offence and notified of accusation according to Article 160 of the Criminal Code.

Convicted person - a person, against whom a court of law issued a judgment of conviction, which already entered into force.

Under Act No. 123/1992 Coll., on the Residence of Foreigners, as amended by Act No. 190/1994 Col. and Act No. 150/1996 Coll., it was possible to apply to foreigners prohibition of residence and expulsion (the so-called administrative expulsion) as a repressive measure concerning foreigners. Alien police authorities could impose the prohibition of residence pursuant to the provisions of Article 14 of the Act No. 123/1992 Coll. The administrative expulsion was implemented in accordance with Article 16 of the same Act, usually in cases when (i) the foreigner failed to leave the territory of the Czech Republic within a specified period, after he/she had been notified of the prohibition of residence imposed on him/her, and was staying there or repeatedly entered the territory illegally, or (ii) there were reasons at the time the prohibition was issued that the foreigner would not abide by the decision on the prohibition of residence (especially when he/she were missing identity papers). The new Act on the Residence of Foreigners replaced the decision of administrative authority on the prohibition of residence with the decision on administrative expulsion. Legal effects of the two institutes are virtually identical.

Since 1 January 2000, the act of administrative expulsion has been executed by the alien and border police in compliance with the provisions of Chapter X and Chapter XI of Act No. 326/1999 Coll., on the Residence of Foreigners on the Territory of the Czech Republic and on Amendments of Certain Acts. Under Article 128 of this Act, the detained foreigner, whose residence in the CR is to be terminated pursuant to a final and conclusive decision on administrative expulsion, is transported by the police to a border crossing to be expelled from the country there. This does not apply, if the detained foreigner produces a confirmation of filing an action, in compliance with Act No. 99/1963 Coll. (Civil Procedure Code) as last amended, against the decision of administrative expulsion. The police will also transport the foreigner to the state border, if the action against the decision on administrative expulsion is dismissed. The tables show data on foreigners, for whom the decision on administrative expulsion (prohibition of residence before 31 December 1999) took effect and the police executed the legal and conclusive decision on administrative expulsion.

Expulsion of foreigners by court is carried out on the basis of the execution of expulsion sentence in accordance with Act No. 140/1961 Coll. (Criminal Act) imposed by courts of law in criminal proceedings, according to Act No. 141/1961 Coll., on Criminal Proceedings, in connection with one or more criminal offences the foreigner was convicted of. According to the Criminal Code, the court of law can impose the sentence of expulsion as a separate sentence or with more sentences concurrently. The sentence of expulsion is not imposed on any foreigner who committed a criminal offence. Decisions of administrative authorities (issued before the year 2000) on the prohibition of residence cannot be confused with the sentence of prohibition of residence imposed in criminal proceedings for committing a criminal offence by the court of law.

The number of prosecuted and accused persons in 2002 is affected by the introduction of the simplified pre-trial proceedings by an amendment to the Criminal Code effective as of 1 January 2002.