Czech Republic: Procedures for obtaining police reports; whether the complainant can obtain a police report without personal attendance
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Publication Date||22 October 2010|
|Citation / Document Symbol||CZE103597.E|
|Related Document||République tchèque : information sur la procédure à suivre pour obtenir des rapports de police; information indiquant si le plaignant peut obtenir un rapport de police sans se présenter en personne|
|Cite as||Canada: Immigration and Refugee Board of Canada, Czech Republic: Procedures for obtaining police reports; whether the complainant can obtain a police report without personal attendance, 22 October 2010, CZE103597.E, available at: http://www.refworld.org/docid/50598d832.html [accessed 17 September 2014]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
In 14 October 2010 correspondence with the Research Directorate, an official at the Embassy of the Czech Republic in Ottawa stated that according to Criminal Procedures Act No. 141/1961, an "injured party" (or his or her authorized agent or legal representative) has the right to inspect and make copies of all documents in the files of a legal proceeding, except for protected information, such as personal information about witnesses. The Official explained that under this provision, there are two options available for someone who was the victim of a crime to obtain Czech police reports about the case: if the complainant resides in the Czech Republic, he or she can copy the needed parts of the files in person; or if residing outside of the Czech Republic, the complainant can authorize someone else to access and copy the files on his or her behalf (Czech Republic 14 Oct. 2010).
The Official noted that to grant authorization to another individual, the complainant needs to prepare power of attorney papers, which both parties must sign (ibid. 15 Oct. 2010). The Czech Embassy or Consulate General can verify the signature of the complainant granting the other individual authority to review the file (ibid.). According to the Official, the paperwork can be initiated in the Czech Republic by the person who will be granted authority and finalized by the complainant in Canada; the two signatures are verified by their comparable stamps (ibid. 20 Oct. 2010). Another possibility is for the individual to prepare papers through a notary public or lawyer in Canada, but, according to the Official, this would be "much more complicated and expensive" (ibid. 15 Oct. 2010).
The Official also stated that Canadian authorities can contact the Czech police on behalf of a complainant in order to verify whether he or she was the victim of a crime or to obtain other pertinent information (ibid. 14 Oct. 2010). Such a request must be in writing and include the reason for requesting the information and the consent of the complainant (ibid.).
The Official indicated that in order to apply for a "criminal records certificate," which indicates whether a person has a criminal record in the Czech Republic, an applicant can go to the Criminal Records Registry in Prague, or, in Canada, to the Embassy of the Czech Republic in Ottawa or the Consulate General of the Czech Republic in Toronto (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Czech Republic. 20 October 2010. Embassy of the Czech Republic in Ottawa. Correspondence with the Deputy Head of Mission, Political and Consular Affairs.
_____. 15 October 2010. Embassy of the Czech Republic in Ottawa. Correspondence with the Deputy Head of Mission, Political and Consular Affairs.
_____. 14 October 2010. Embassy of the Czech Republic in Ottawa. Correspondence with the Deputy Head of Mission, Political and Consular Affairs.
Additional Sources Consulted
Internet sites, including: Interpol, Embassy of the Czech Republic in Washington, DC, the Ministry of Interior of the Czech Republic, the Penal Registrar, the Police of the Czech Republic.