EUROPAM

European Public Accountability Mechanisms

Czechia

Country score (EU Average*)
  • 65(72) Political Financing
  • 65(57) Financial Disclosure
  • 53(49) Conflict of Interest
  • 52(59) Freedom of Information
  • 68(63) Public Procurement
  • 65(66) Anti Money Laundering
  • 80(71) Asset Recovery

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)28570.63
Population, total10561633.00
Urban population (% of total)72.98
Internet users (per 100 people)76.48
Life expectancy at birth (years)79.47
Mean years of schooling (years)12.3
Global Competitiveness Index4.8
Sources: World Bank, UNDP, WEF.

Political Financing

The Act on association within political parties and political movements (1991, as amended 2016) and the Act of Law 247/1995 Coll on elections to the Parliament of the Czech Republic, amended 2016 are the main laws regulating the financing of political parties in the Czech Republic.

There are some restrictions on the income of political parties. Donations to political parties from foreign entities, anonymous donors and corporations partly owned by the government are not permitted. However, donations are permitted from corporations generally and trade unions. There are no limits on the size of donations.

There is public funding available for political parties. It is allocated based on the share of votes in the previous election and the representation in the elected body.

For spending regulations, vote buying is prohibited and there are limits on what a candidate can spend during elections.

Parties are required to report annually on their accounts. The accounts are to be made public and must reveal the identity of donors. The reports are overseen by the Chamber of Deputies and Ministry of Finance. Sanctions for breaches include fines, loss of public funding and suspension of the political party.

Quantitative Data

Primary Metric

201220152016201720202024Trend
Bans and limits on private income393947474756
Public funding626262626262
Regulations on spending10010075757550
Reporting, oversight and sanctions838383838392

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Is there a ban on donations from foreign interests to political parties? Yes. Parties and movements shall not accept a gift or other gratuitous fulfillment. j) from a foreign legal entity except for a political party and a foundation established for public benefit activities; k) from a natural person who is not a citizen of the Czech Republic; this does not apply if it is a person who has the right to vote in the Czech Republic to the European Parliament. (Article 18 (j)(k), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Is there a ban on donations from foreign interests to candidates? Yes . Based on the legal text provided, there is a clear ban on foreign interests participating as "registered third persons" in election campaigns, which effectively restricts foreign financial influence on candidates. Specifically, Article 16e explicitly prohibits foreign legal persons and natural persons who are not citizens of the Czech Republic (with an exception for certain EU voters) from registering as third persons. Since Article 16 mandates that any person intending to participate in a campaign independently must register as a third person, these provisions serve to exclude foreign entities from legally financing or conducting campaign activities for candidates in parliamentary elections. (Articles 16(2) and 16e, Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995)
Is there a ban on corporate donations to political parties? No. Based on the legal text provided, there is a clear ban on foreign interests participating as "registered third persons" in election campaigns, which effectively restricts foreign financial influence on candidates. Specifically, Article 16e explicitly prohibits foreign legal persons and natural persons who are not citizens of the Czech Republic (with an exception for certain EU voters) from registering as third persons. Since Article 16 mandates that any person intending to participate in a campaign independently must register as a third person, these provisions serve to exclude foreign entities from legally financing or conducting campaign activities for candidates in parliamentary elections. (Articles 17(8) and 18(2), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991)
Is there a ban on corporate donations to candidates? No. There is no ban on corporate donations to candidates. The law explicitly provides for and regulates these contributions by requiring candidates to record specific information for any "legal person" (corporation) that donates to their election account. Specifically: For Parliamentary Elections: Article 16b(3) requires the candidate to disclose the company name, registered address, and registration number of any legal person donating funds. For Presidential Elections: Article 36 (3) and (4) similarly mandates that donations or "other benefits" from a legal person must be recorded with the entity's name, address, and registration details. Third-Party Participation: While corporations can donate, Article 16e clarifies that foreign legal persons are prohibited from registering as "third persons" to campaign independently. (Articles 16(2) and 16b(3), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995 Article 36 (3) and (4), Act No. 275/2012 on the Election of the President of the Republic, 2012)
Is there a ban on donations from corporations with government contracts to political parties? No. Absent from legal framework.
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. Parties and movements shall not accept a gift or other gratuitous fulfillment: (e) from a state enterprise and a legal person holding a State or a State enterprise, as well as from the person in whose stewardship and control the State is involved; this does not apply if the state or state enterprise does not reach 10%; f) from a legal entity with a property holding of a region, municipality, town district or district; this does not apply if the holding does not reach 10% (Article 18(e)(f), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework.
Is there a ban on donations from corporations of partial government ownership to candidates? No. Absent from legal framework.
Is there a ban on donations from Trade Unions to political parties? No. Absent from legal framework.
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework.
Is there a ban on anonymous donations to political parties? Yes. Not directly stipulated in Law on Political Parties and Movements, but de facto prohibited as identity of all donors needs to be reported in parties' annual financial report (donor's first and surname, date of birth, permanent address (private individual) or donor's business name, registered address and identification number (legal entity)). Art. 19h. "g) an overview of all gifts and donations, indicating the amount of monetary donations and the usual price of non-monetary gifts, the name, surname and date of birth of the donor; if the donor is a legal person, shall specify its company name and the identification number". (Article 18, Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016) Articles 19h(g), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991)
Is there a ban on anonymous donations to candidates? Yes. There is a de facto ban on anonymous donations to candidates because the law mandates the strict recording and disclosure of every donor's identity. For both Parliamentary and Presidential elections, the statutes (Articles 16b and 36 respectively) require that: For natural persns: The candidate must record the first name, surname, date of birth, and permanent residence address. For legal persons: The candidate must record the company name, registered address, and registration number. Since this information must be included in the official election account records and reported to the oversight authorities, it is legally impossible to accept a donation without disclosing who provided it. ( Article 16b (3) and (4), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995 Article 36 (3) and (4), Act No. 275/2012 on the Election of the President of the Republic, 2012)
Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. The banned sources include state entities, state-funded organisations, municipalities. (Article 19, Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Is there a ban on any other form of donation? Yes. Parties and movements shall not accept a gift or other gratuitous fulfillment: (a) from the State, unless otherwise provided in this Act; (b) from the contributory organization; (c) from a municipality, a city district, a city district and a region; (d) from a voluntary union of municipalities; (g) from a charitable society, a political institute and a constitution; (h) from the trust fund; (i) from another legal person, where otherwise provided by law. (Article 19 (a)(b)(c )(d) (g)(h)(i), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. "(2) Parties and movements shall not accept a gift or other gratuitous fulfillment if the sum of all gifts or money sums corresponding to the usual price of a gift or other gratuitous fulfillment received from one and the same person exceeds CZK 3000000 in one calendar year. For one and the same person is also considered a legal entity ... . If the donor or provider of another gratuitous fulfillment is a member of a party or movement, a membership fee of more than 50000 CZK is considered to be a gift or other gratuitous fulfillment." (Article 18 (2), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991)
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. "(2) Parties and movements shall not accept a gift or other gratuitous fulfillment if the sum of all gifts or money sums corresponding to the usual price of a gift or other gratuitous fulfillment received from one and the same person exceeds CZK 3000000 in one calendar year. For one and the same person is also considered a legal entity ... . If the donor or provider of another gratuitous fulfillment is a member of a party or movement, a membership fee of more than 50000 CZK is considered to be a gift or other gratuitous fulfillment." (Article 18 (2), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1992)
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework.

Public funding 

Eligibility criteria for direct public funding to political parties Yes. (1) All political parties and movements are entitled to state contribution upon the terms and conditions defined by the law. Both regularly provided funding and in relation to campaings. For details see below. (Article 20(1), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. (3) Each political party and movement that manages to win at least 3% of the votes in the elections to the Chamber of Deputies is entitled to receive a permanent contribution. (Article 20(3), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. (4) Political parties or movements of which at least one candidate has been elected to Chamber of Deputies, Senate, regional council or municipal council of city of Prague are entitled to receive funding. (Article 20(4), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Eligibility criteria for direct public funding to political parties: Participation in election Yes. The "contribution to election expenses" listed in Article 17 is directly linked to the act of contesting an election and reaching the minimum vote threshold. (Articles 17(8) and 20(1), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991)
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election Yes. The "mandate contribution" part of the operational allowance is calculated based on the number of seats currently held following the most recent election. (Articles 17(8) and 20(1), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991)
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Registration as a political party Yes . Article 17 explicitly refers to the income of a "Party and Movement," implying that only registered political entities qualify for these state budget contributions. (Articles 17(8) and 20(1), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991)
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other Yes . Article 17(j) and 20(b) mention a specific "contribution to support the activities of a political institute," which is a distinct category of public funding for affiliated think tanks. (Articles 17(8) and 20(1), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991)
Allocation calculations for direct public funding to political parties Yes. (5) Each political party and movement that wins at least 3% of the overall amount of votes is entitled to receive a permanent annual contribution to its operational expenses totalling CZK 6 million plus CZK 200,000 for every 0.1% up to 5%. No additional sum is paid to the political parties and movements that acquire more than 5% of the overall amount of votes. (6) The aforementioned mandate contribution totals CZK 900,000 per year for every Senator or Deputy and CZK 250,000 per year for every member of a regional council or the Municipal Council of the City of Prague. (Article 20(5) & (6), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. (5) Each political party and movement that wins at least 3% of the overall amount of votes is entitled to receive a permanent annual contribution to its operational expenses totalling CZK 6 million plus CZK 200,000 for every 0.1% up to 5%. No additional sum is paid to the political parties and movements that acquire more than 5% of the overall amount of votes. (Article 20(5), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Allocation calculations for direct public funding to political parties: Equal Yes. (5) Each political party and movement that wins at least 3% of the overall amount of votes is entitled to receive a permanent annual contribution to its operational expenses totalling CZK 6 million plus CZK 200,000 for every 0.1% up to 5%. No additional sum is paid to the political parties and movements that acquire more than 5% of the overall amount of votes. (Article 20(5), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Flat rate by votes received Yes. (6) The aforementioned mandate contribution totals CZK 900,000 per year for every Senator or Deputy and CZK 250,000 per year for every member of a regional council or the Municipal Council of the City of Prague. (Article 20(6), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties Yes. See sub-indicators (Article 35 (7), Act No. 275/2012 on the Election of the President of the Republic, 2012 Article 16(8), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995)
Allocation criteria for free or subsidized access to media for political parties: Equal Yes. Both laws explicitly state that the reserved broadcasting time on public television and radio must be "distributed equally" among all registered political parties, movements, and coalitions (for Parliament) or among all presidential candidates. (Article 35 (7), Act No. 275/2012 on the Election of the President of the Republic, 2012 Article 16(8), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995)
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework. (Article 35 (7), Act No. 275/2012 on the Election of the President of the Republic, 2012 Article 16(8), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995)
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework. (Article 35 (7), Act No. 275/2012 on the Election of the President of the Republic, 2012 Article 16(8), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995)
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework. (Article 35 (7), Act No. 275/2012 on the Election of the President of the Republic, 2012 Article 16(8), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995)
Allocation criteria for free or subsidized access to media for political parties: Other Yes. The timing of specific broadcasts is determined by drawing lots, ensuring that the order and slot of the appearances are decided randomly rather than by political weight. (Article 35 (7), Act No. 275/2012 on the Election of the President of the Republic, 2012 Article 16(8), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995)
Are there provisions for free or subsidized access to media for candidates? Yes. Presidential Candidates: Article 35 (7) of Act No. 275/2012 specifically reserves 5 hours of free broadcasting time for all candidates in the first round, and 1 hour for those proceeding to the second round. Parliamentary Candidates: While the 14 hours mentioned in Act No. 247/1995 are allocated to "political parties, movements, and coalitions," these entities use that time to present their candidates and programs. For individual independent candidates (such as in Senate elections), the "equal distribution" rule applies to them as registered participants in the election. (Article 35 (7), Act No. 275/2012 on the Election of the President of the Republic, 2012 Article 16(8), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995)
Are there provisions for any other form of indirect public funding? Yes. Section 15, Art.1 (Income Tax Act): The foundations can deduct from taxes the values of donations to (..) political parties and policitcal movements. (Section 15, Art.1, Income Tax Act (Act No. 586/1992, as amended in 2014))
Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework.
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework.
Provisions for any other form of indirect public funding: Tax relief Yes. Section 15, Art.1 (Income Tax Act): The foundations can deduct from taxes the values of donations to (..) political parties and policitcal movements. (Section 15, Art.1, Income Tax Act (Act No. 586/1992, amended in 2014))
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework.
Provisions for any other form of indirect public funding: Other No. Absent from legal framework.
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework.
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework.

Regulations on spending 

Is there a ban on vote buying? Yes. Whoever provides, offers or promises to another or for another in connection to exercise of election rights in referendum a financial, material or another similar profit in order to make him/her vote contrary to independent expression of own free will, shall be sentenced to imprisonment for six months to three years. (Article 351 of Penal Code (2009, amended 2016))
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework.
Are there limits on the amount a political party can spend? No. Absent from legal framework.
Are there limits on the amount a candidate can spend? Yes. Limits for presidential elections: 40 million CZK (approximately 2 million dollars) on first round, 10 million CZK (approximately 500,000 dollars) on second round. (Art. 37(2) of the Law on presidential elections (2012))

Reporting, oversight and sanctions 

Do political parties have to report regularly on their finances? Yes. Annual financial report to the Office by 1 April. (Article 19(h), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Do political parties have to report on their finances in relation to election campaigns? Yes. Parties and movements shall submit annually by 1 April to the Office an annual financial report which includes a) financial statements according to the Act on Accounting 3 ) , (b) the auditor's report on the clearance of accounts with the unqualified statement, (c) an overview of the total revenue broken down by Article 17 (8), to which the Parties and the Movement shall attach: 1. a list of companies or cooperatives in which a party or movement has a stake, indicating the amount of such share, 2. an overview of loans, borrowings and other debts, indicating the amount and conditions thereof, including maturity, names, surnames and dates of birth; if the provider is a legal person, his business name or name and identification number. (Article 19 (h), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Do candidates have to report on their campaign finances? No. Absent from legal framework.
Is information in reports from political parties and/​or candidates to be made public? Yes. (6) The annual financial report is public. The annual financial report is available for inspection at the Office and on its website, which the Office will publish within 7 days of its delivery to the Office. (Article 19 (h-6), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Reports include all information on individual donors, names, addresses etc. (Article 19 (h-c-2), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Ministry Yes. (4) All political parties and movements shall present their annual financial reports on forms and with attachments defined by the Ministry of Finance in a specialimplementary regulation. (Article 19 (f), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. Chamber of Deputies checks annual financial reports and informs Ministry of Finance of findings by 7 June of each year the latest. (Article 20a (4)(a) Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry Yes. Ministry of Finance (Article 20a, Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework.
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Ministry Yes. Ministry of Finance receives analysis of Chamber of Deputies by 7 June. (Article 20a, Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework.
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework.
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. 19i (1) A natural person who requests the execution of a payment transaction in favor of or against a special account shall commit an offense by not stating the purpose of the payment transaction in the payment order in contravention of Section 17b (1). (2) A fine of up to CZK 200,000 may be imposed for an offense under paragraph 1. § 19j (1) An individual or a natural or legal person requesting the execution of a payment transaction in favor of or against a special account shall commit an offense by failing to state the purpose of the payment transaction in the payment order in contravention of Section 17b (1). (2) A party or movement commits an offense by doing so a) violates Section 17 (8) b) does not, in contravention of Section 17a, keep separate accounts or notify the Office of the data pursuant to Section 17a (4) c) in violation of Section 17a, not to create a separate account or to disclose the address of the website in contravention of Section 17b, d) contrary to Section 19h (1), he / she does not submit within the statutory period an annual financial report, e) fails to remedy the shortcomings of the annual financial report pursuant to Article 19h, paragraph 5, f) in violation of Section 18 (3), returns a gift or other free-of-charge performance after the expiry of the specified period, or g) in violation of Section 18 (3), he does not return a gift or other free-of-charge payment or divestiture a cash gift or other free-of-charge payment or an amount corresponding to the usual price 7 ) a gift in kind or other free payment to the state budget. (3) For an offense under paragraph 2, (a) to (d) and (f), a fine of up to CZK 200,000 may be imposed for an offense under paragraph 1 or paragraph 2 e) a fine of up to CZK 200,000 and an offense under paragraph 2 (g) a fine equal to twice the value of the gift or other gratuitous fulfillment or forfeiture. § 19k (1) A political institute commits an offense by: (a) Contribution to support the activities of a political institute shall be used in contravention of Article 17 (7) b) does not, in contravention of Section 17a, keep separate accounts or notify the Office of the data pursuant to Section 17a (4); or c) in breach of Section 17a, not to create a separate account or to disclose the address of the website in contravention of Section 17b. (2) For an offense under paragraph 1, (a) to (c) may be fined up to CZK 200,000. (Article 19 (i,j,k) Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Sanctions for political finance infractions: Loss of public funding Yes. If parties and movements receive a gift or other gratuitous fulfillment in violation of this Act, they shall be obliged to return it to the donors not later than 1 April of the year following that in which they obtained it. If repayment is not possible, they will pay within the same period a cash amount corresponding to a cash gift or other free-of-charge payment or the usual price of 7 ) a gift in kind or other gratuitous payment to the state budget. In the case of a cash gift or other gratuitous fulfillment, the parties and the movement are obliged to return it including its interest rate appreciation at the rate of the Czech National Bank's discount rate valid on the date of return. (Article 18 (3) Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Sanctions for political finance infractions: Penal/Criminal Yes. (1) Whoever does not keep accounting books, records or other documentation serving as an overview of the status of management and assets or for auditing thereof, even though he/she is legally obliged so, whoever enters false or grossly distorted data in such accounting books, records or other documentation, or whoever alters, destroys, damages, renders unusable or conceals such accounting books, records or other documentation, and so endangers material rights of another or timely and regular assessment of tax, shall be sentenced to imprisonment for up to two years or to prohibition of activity. (2) The same sentence shall be imposed to anyone who states false or grossly distorted data in documents serving for entry of records to the commercial register, endowment fund register, register of publically beneficial companies or register of apartment owners associations, or conceals substantial data in such documents, states false or grossly distorted data in documents serving for elaboration of an expert opinion that is to be enclosed to a petition for entry of a record to the commercial register, endowment fund register, register of publically beneficial companies or register of apartment owners associations, or conceals substantial data in such documents, or 111 endangers or limits another person on his/her rights by failing to submit a petition for entry of a record stipulated by law to the commercial register, endowment fund register, register of publically beneficial companies or register of apartment owners associations without undue delay, or fails to deposit a document to the collection of documents, even though he/she is legally or contractually obliged to do so. (3) An offender shall be sentenced to imprisonment for one year to five years or to a pecuniary penalty, if he/she causes substantial damage on property of another by the act referred to in Sub-section (1) or (2). (4) An offender shall be sentenced to imprisonment for two to eight years of imprisonment, if he/she causes extensive damage on property of another by the act referred to in Sub-section (1) or (2). (Article 254, Criminal Code (2009, amended 2016))
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework.
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework.
Sanctions for political finance infractions: Suspension of political party Yes. (13) Party and movement are abolished (a) by its own decision, by voluntary dissolution, merger with another party and movement or transformation into an association; b) the court's decision to dissolve them. (14) The activity of the party and the movement may be suspended by a court decision if their activities are contrary to Articles 1 to 5, 6 (5) and 17, 17a, 17b, 18 and 19h or to statutes. (Article 13(1) & Article 14(1) Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework.
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework.
Sanctions for political finance infractions: Other Yes. Article 16g(1)(e) identifies a specific offense for publishing opinion polls during the restricted period (3 days before and during elections), which carries its own set of administrative fines. (Articles 16g (1, 2 and 4) and 16h (1, 2, 3 and 5), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995)

Legislation

Law 424/1991 on Association within Political Political Parties and Political Movements, 1991, amended 2016 (Czech)pdf
Law 247/1995 on elections to the Parliament of the Czech Republic, 1995, amended 2016 (Czech)pdf
Penal Code, 2009, amended 2016 (Czech)pdf
Law on presidential elections (2012) (Czech)pdf

*Last update: 2017


Financial Disclosure

The Czech Republic’s entire financial disclosure legislation stems from the Conflicts of Interests Act (2006, last amended 2016), which applies the same rules to Ministers, Members of Parliament, and Senior Civil Servants. The Head of State is not included in disclosure law. Disclosure statements must include real estate, movable assets, cash exceeding CZK 50,000, debts above CZK 100,000, income from outside employment, as well as any gifts received. Additionally, any securities in private or public companies above CZK 100,000, and engagement in businesses including membership in controlling bodies must be declared. In decision-making procedures, private interests officials have in the matter must be stated. The income of the spouses must be included in disclosure statements.

Declarations are submitted annually. MPs and Ministers and senior civil servants submit them to the Ministry of Justice. The respective depository body is always responsible for verifying submissions and enforcing regulations. All officials may be fined if they submit their declarations late or not at all, or make false disclosure statements. Disclosure statements of all public officials are made available on the Register of Notices on paper and online.

Quantitative Data

Primary Metric

201220152016201720202024Trend
Disclosure items706969737565
Filing frequency753838383856
Sanctions505050505075
Monitoring and Oversight10010010010010075
Public access to declarations000253156

Alternative Metric

201220152016201720202024Trend
Head of State49454555550
Ministers625757576287
Members of Parliament625757707088
Civil servants624747474887

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. Only the income of the spouse/partner is included in the official's declaration (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Income and Assets
Real estate Yes. Real estate must be included in the official’s declaration. (Article 10.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Movable assets Yes. Certain movable assets must be included in the official’s declaration. (Article 10.2 (c) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Cash Yes. Cash is included in the officials' declaration (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Loans and Debts Yes. The remaining sums of loans and debts must be declared if the total value of those sums exceeds CZK 100,000. (Article 11.2 (b) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Income from outside employment/assets Yes. Official's public office salary does not have to be included in the declaration, but all other income must be reported if the value exceeds CZK 100,000 in one calendar year. (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Incompatibilities
Gifts received as a public official Yes. Public officials must present the notice of gifts of any value. (Article 11 of Act No. 159 on conflict of interest, 2006, amended 2018)
Private firm ownership and/or stock holdings Yes. Public officials must declare securities or rights to holding securities if the overall purchase price of the securities or securities-related rights at the time of their acquisition exceeds CZK 50,000.00, in the case of the same issuer, or CZK 100,000.00, in the case of several issuers. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2018)
Ownership of state-owned enterprises (SOEs) Yes. Public officials must declare securities or rights to holding securities if the overall purchase price of the securities or securities-related rights at the time of their acquisition exceeds CZK 50,000.00, in the case of the same issuer, or CZK 100,000.00, in the case of several issuers. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2018)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Public officials have to disclose their engagement in business or other gainful activity including membership in a statutory or controlling body of a corporation. (Article 9 of Act No. 159 on conflict of interest, 2006, amended 2018)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. In the course of consideration of any constitutional body, another state body or any body of a territorial self-governed unit in which he/she makes an address, presents a petition or is entitled to vote, each public official shall announce his/her relation to the considered issue. (Article 8 of Act No. 159 on conflict of interest, 2006, amended 2018)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Some parts of the declarations of conflict of interest, of assets and of income are filed the day preceding taking office, while others - within 30 days (Article 12.1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Filing required upon leaving office Yes. Declarations must be submitted within 30 days of leaving office. (Article 12.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Filing required annually Yes. Declarations must be submitted by 30 June every year. (Article 12.2 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. In case an official fails to file the declaration within the time limit, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (f) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. In case an official fails to file the declaration of assets or of personal interest, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (d) and (f) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. In case an official submits an inaccurate information in declaration of assets or of personal interest, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (e) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))

Monitoring and Oversight

Depository body explicitly identified Yes. Ministry of Justice (Article 14.1 and 14.2 (a) Act No. 159/2006 on Conflict of Interest (amended 2018))
Enforcement body explicitly identified Yes. Ministry of Justice (Article 14.1 and 14.2 Act No. 159/2006 on Conflict of Interest (amended 2018))
Some agency assigned responsibility for verifying submission Yes. Ministry of Justice (Article 14.1 and 14.2 (d) Act No. 159/2006 on Conflict of Interest (amended 2018))
Some agency assigned responsibility for verifying accuracy Yes. Ministry of Justice (Article 14.1,14.2 and Article 14c Act No. 159/2006 on Conflict of Interest (amended 2018))

Public access to declarations

Public availability Yes. Anyone is entitled to search in the Register of Notices containing disclosures by public officials free of charge and to use its content to make duplicates and excerpts. The information can be used to establish possible conflicts of interest. But restricted acces to identification request and logging (Article 13.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. Register at the Ministry of Justice (Article 14 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Cost of access specified Yes. Anyone is entitled to search in the Register of Notices, containing the disclosures made by public officials free of charge, and to use its content to make duplicates and excerpts. (Article 13.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. Only the income of the spouse/partner is included in the declaration of the Member of Parliament (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Income and Assets
Real estate Yes. Real estate must be included in the official’s declaration. (Article 10.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Movable assets Yes. Certain movable assets must be included in the official’s declaration. (Article 10.2 (c) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Cash Yes. Cash is included in the officials' declaration (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Loans and Debts Yes. The remaining sums of loans and debts must be declared if the total value of those sums exceeds CZK 100,000. (Article 11.2 (b) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Income from outside employment/assets Yes. The office salary of the Member of Parliament does not have to be included in the declaration, but all other income must be reported if the value exceeds CZK 100,000 in one calendar year. (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Incompatibilities
Gifts received as a public official Yes. Public officials must present the notice of gifts of any value. (Article 11 of Act No. 159 on conflict of interest, 2006, amended 2018)
Private firm ownership and/or stock holdings Yes. Public officials must declare securities or rights to holding securities if the overall purchase price of the securities or securities-related rights at the time of their acquisition exceeds CZK 50,000.00, in the case of the same issuer, or CZK 100,000.00, in the case of several issuers. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2018)
Ownership of state-owned enterprises (SOEs) Yes. Public officials must declare securities or rights to holding securities if the overall purchase price of the securities or securities-related rights at the time of their acquisition exceeds CZK 50,000.00, in the case of the same issuer, or CZK 100,000.00, in the case of several issuers. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2018)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Public officials have to disclose their engagement in business or other gainful activity including membership in a statutory or controlling body of a corporation. (Article 9 of Act No. 159 on conflict of interest, 2006, amended 2018)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. There are rules for disclosure for MP in case of conflict of interest of incompatible offices. (Article 26 of Act No. 159 on conflict of interest, 2006, amended 2018)
Participating in official decision-making processes that affect private interests Yes. In the course of consideration of any constitutional body, another state body or any body of a territorial self-governed unit in which he/she makes an address, presents a petition or is entitled to vote, each public official shall announce his/her relation to the considered issue. (Article 8 of Act No. 159 on conflict of interest, 2006, amended 2018)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Some parts of the declarations of conflict of interest, of assets and of income are filed the day preceding taking office, while others - within 30 days (Article 12.1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Filing required upon leaving office Yes. Declarations must be submitted within 30 days of leaving office. (Article 12.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Filing required annually Yes. Declarations must be submitted by 30 June every year. (Article 12.2 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. In case a Members of Parliament fails to file the declaration within the time limit, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (f) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. In case a Members of Parliament fails to file the declaration of assets or of personal interest, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (d) and (f) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. In case an official submits an inaccurate information in declaration of assets or of personal interest, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (e) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))

Monitoring and Oversight

Depository body explicitly identified Yes. Ministry of Justice (Article 14.1 and 14.2 (a) Act No. 159/2006 on Conflict of Interest (amended 2018))
Enforcement body explicitly identified Yes. Ministry of Justice (Article 14.1 and 14.2 Act No. 159/2006 on Conflict of Interest (amended 2018))
Some agency assigned responsibility for verifying submission Yes. Ministry of Justice (Article 14.1 and 14.2 (d) Act No. 159/2006 on Conflict of Interest (amended 2018))
Some agency assigned responsibility for verifying accuracy Yes. Ministry of Justice (Article 14.1,14.2 and Article 14c Act No. 159/2006 on Conflict of Interest (amended 2018))

Public access to declarations

Public availability Yes. Anyone is entitled to search in the Register of Notices containing disclosures by public officials free of charge and to use its content to make duplicates and excerpts. The information can be used to establish possible conflicts of interest. But restricted acces to identification request and logging (Article 13.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. Register at the Ministry of Justice (Article 14 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Cost of access specified Yes. Anyone is entitled to search in the Register of Notices, containing the disclosures made by public officials free of charge, and to use its content to make duplicates and excerpts. (Article 13.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. All assets acquired by spouse and included in community property of spouses has to be stated in the notice of assets (cash, private ownership and/or stock holdings, ownership of state-owned enterprises (SOE)). (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Income and Assets
Real estate Yes. Real estate must be included in the official’s declaration. (Article 10.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Movable assets Yes. Movable assets must be included in the official’s declaration. (Article 10.2 (c) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Cash Yes. Cash covered is securities in amounts exceeding CZK 50,000 in value. (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Loans and Debts Yes. The remaining sums of loans and debts must be declared if the total value of those sums exceeds CZK 100,000. (Article 11.2 (b) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Income from outside employment/assets Yes. Official salary does not have to be included in the declaration, but all other salary or wage income he or she may receive must be reported if the value exceeds CZK 100,000 in one calendar year. (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Incompatibilities
Gifts received as a public official Yes. Public officials must present the notice of gifts of any value. (Article 11 of Act No. 159 on conflict of interest, 2006, amended 2018)
Private firm ownership and/or stock holdings Yes. Public officials must declare securities or rights to holding securities if the overall purchase price of the securities or securities-related rights at the time of their acquisition exceeds CZK 50,000.00, in the case of the same issuer, or CZK 100,000.00, in the case of several issuers. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2018)
Ownership of state-owned enterprises (SOEs) Yes. Public officials must declare securities or rights to holding securities if the overall purchase price of the securities or securities-related rights at the time of their acquisition exceeds CZK 50,000.00, in the case of the same issuer, or CZK 100,000.00, in the case of several issuers. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2018)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Public officials have to disclose their engagement in business or other gainful activity including membership in a statutory or controlling body of a corporation. (Article 9 of Act No. 159 on conflict of interest, 2006, amended 2018)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. In the course of consideration of any constitutional body, another state body or any body of a territorial self-governed unit in which he/she makes an address, presents a petition or is entitled to vote, each public official shall announce his/her relation to the considered issue. (Article 8 of Act No. 159 on conflict of interest, 2006, amended 2018)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. With regard to senior civil servants (2nd to 4th management level) - Some parts of the declarations of conflict of interest, of assets and of income are filed the day preceding taking office, while others - within 30 days (Article 12.1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Filing required upon leaving office Yes. With regard to senior civil servants (2nd to 4th management level) - Declarations must be submitted within 30 days of leaving office. (Article 12.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Filing required annually Yes. With regard to senior civil servants (2nd to 4th management level) - Declarations must be submitted by 30 June every year. (Article 12.2 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. With regard to senior civil servants (2nd to 4th management level) - In case a senior civil servant fails to file the declaration within the time limit, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (f) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. With regard to senior civil servants (2nd to 4th management level) - In case a a senior civil servant fails to file the declaration of assets or of personal interest, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (d) and (f) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. With regard to senior civil servants (2nd to 4th management level) - In case a senior civil servant submits an inaccurate information in declaration of assets or of personal interest, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (e) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))

Monitoring and Oversight

Depository body explicitly identified Yes. With regard to senior civil servants (2nd to 4th management level) - Ministry of Justice (Article 14.1 and 14.2 (a) Act No. 159/2006 on Conflict of Interest (amended 2018))
Enforcement body explicitly identified Yes. With regard to senior civil servants (2nd to 4th management level) - Ministry of Justice (Article 14.1 and 14.2 Act No. 159/2006 on Conflict of Interest (amended 2018))
Some agency assigned responsibility for verifying submission Yes. With regard to senior civil servants (2nd to 4th management level) - Ministry of Justice (Article 14.1 and 14.2 (d) Act No. 159/2006 on Conflict of Interest (amended 2018))
Some agency assigned responsibility for verifying accuracy Yes. With regard to senior civil servants (2nd to 4th management level) - Ministry of Justice (Article 14.1,14.2 and Article 14c Act No. 159/2006 on Conflict of Interest (amended 2018))

Public access to declarations

Public availability Yes. With regard to senior civil servants (2nd to 4th management level) - Anyone is entitled to search in the Register of Notices containing disclosures by public officials free of charge and to use its content to make duplicates and excerpts. The information can be used to establish possible conflicts of interest. But access controled and traceable (Article 13.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. With regard to senior civil servants (2nd to 4th management level) - Register at the Ministry of Justice (Article 14 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Cost of access specified Yes. With regard to senior civil servants (2nd to 4th management level) - Anyone is entitled to search in the Register of Notices, containing the disclosures made by public officials free of charge, and to use its content to make duplicates and excerpts. (Article 13.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))

Legislation

Conflict of Interest Act of 2006_CZE (Czech)pdf

*Last update: 2017


Conflict of Interest

No restrictions are made for the Czech Head of State concerning conflicts of interests. The Conflict of Interest Act (2006, last amended 2016) regulates restrictions concerning conflicts of interests for all Ministers, Members of Parliament and Civil Servants. However specifications vary. MPs are bound by a general avoidance of conflicts of interests, may not hold representative functions in private enterprises and may not simultaneously hold policy-making and policy-executive positions. A general restriction on avoiding conflicts of interests also applies to Ministers and Civil Servants. They may also not hold government contracts or accept employment within one year after leaving office with an entity that was under their supervision in the preceding three years. Additionally, Ministers may not hold representative functions in private enterprises.

In case of violation, Ministers and Civil Servants may face fines of up to CZK 100,000. Meanwhile, Members of Parliament do not face fines, but may be forced to lay down their mandate in case of violating rules on the incompatibility of service as to the Constitution of the Czech Republic (1992, last amended 2013). No monitoring or enforcement body is specified for MPs. Meanwhile, the Ministry of Justice and Registrar of Notices functions as monitoring body for Ministers and Civil Servants. Sanctions for Ministers and Civil Servants are enforced by the Administrative Courts under the direction of the Ministry of Justice.

Quantitative Data

Primary Metric

201220152016201720202024Trend
Restrictions756565554542
Sanctions75757581742
Monitoring and Oversight626262252575

Alternative Metric

201220152016201720202024Trend
Head of State62626217130
Ministers665959171379
Members of Parliament626262201366
Civil servants938787647668

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest Yes. A public official is obliged (here included members of the Government, i.e. Ministers) to refrain from any action in which their personal interests may affect the performance of their function. Personal interest means an interest that brings a public official, a person close to a public official, a legal entity controlled by a public official or a person close to a public official an increase in property or other benefit, prevention of a possible reduction of property or other benefit or other advantage. This does not apply if the benefit or interest is otherwise generally apparent in relation to an unlimited range of addressees. Furthermore, members of the government (Ministers) are prohibited by the Constitution from engaging in activities that are incompatible with their duties. (Conflict of Interest Act of 2006 (as of 2020), §§ 2 (1) (c) (d) and 3 Constitution of the Czech Republic of the 1993 (as of 2020), Art. 70)
Accepting gifts Yes. A public official is obliged to announce accurately, completely and truthfully that during the performance of his/her function s/he received any monetary income or other property benefits, in particular gifts, remuneration, income from business or other self-employed activity, dividends or other income from participation or activity in business legal entities if the total amount of income or other property benefits exceeds CZK 100,000 in a calendar year. For this purpose, the public official's salary, the income of the spouse or partner of the public official and donations whose value is less than CZK 10,000 are not included in this summary. (Conflict of Interest Act of 2006 (as of 2020), §§ 2 (1) (c) (d) and 11 (2))
Private firm ownership and/or stock holdings No. Members of the government may not engage in business or other self-employed activity, and may not be a member of a statutory body, management, or of a supervisory body of a legal entity that conducts business, unless a special legal regulation provides otherwise. However, the Conflict of Interest Act is silent about restriction on private firm ownership and/or stock holdings. (Conflict of Interest Act of 2006 (as of 2020), § 4 (1) (a) (b) )
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. A business company in which a member of government or a person controlled by him/her owns a share representing at least 25% of the shareholder's participation in the company, may not participate in procurement procedures under the Public Procurement Act as a participant or subcontractor through which the supplier proves qualification. The contracting authority is obliged to exclude such a company from the procurement procedure. The contracting authority may not award a small-scale public contract to the companies listed in the first sentence, such conduct is invalid. (Conflict of Interest Act of 2006 (as of 2020), § 4b)
Board member, advisor, or company officer of private firm Yes. Members of the government may not engage in business or other self-employed activity, and may not be a member of a statutory body, management, or of a supervisory body of a legal entity that conducts business, unless a special legal regulation provides otherwise. (Conflict of Interest Act of 2006 (as of 2020), § 4 (1) (b) )
Post-employment Yes. A public official may not become a partner or act in the bodies of an entrepreneurial legal entity or enter into an employment relationship with an employer performing a business activity for a period of 1 year from the end of the term, if such legal entity or employer officials have concluded a contract with the state, territorial self-governing unit or legal entity established by law or established by the state or territorial self-governing unit, if it was an above-limit public contract, and if the public official or body in which the public official worked decided on such a contract . (Conflict of Interest Act of 2006 (as of 2020), § 6)
Simultaneously holding policy-making position and policy-executing position Yes. Members of the government may not engage in activities which are by their nature incompatible with the performance of a minister’s duties. (Constitution of the Czech Republic of the 1993 (as of 2020), Art. 70)
Participating in official decision-making processes that affect private interests Yes. If there is a conflict between the proper performance of a function in the public interest and a personal interest, a public official may not prioritize his/her personal interest over the interests which s/he, as a public official, is obliged to promote and defend. A public official may not endanger the public interest by using his/her position, authority or information obtained in the performance of his/her duties to obtain property or other benefits or advantages for him/herself or another person, or be in charge of deciding in matters relating to his/her personal interests, in particular his/her profession, occupation or business. (Conflict of Interest Act of 2006 (as of 2020), § 3 (2) (3) (a) (b))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. If public official: a) fails to file a notice of personal interest; b) states manifestly inaccurate, incomplete or false data in a notification; c) fails to make a notification within the appropriate time; d) violates the prohibition of performing activities for a specified period of time from the end of the performance of the function; e) does not make a notification within the appropriate time limit after the termination of the performance of their function; f) communicates to a third party a username and access password for viewing the notification register; g) uses or further processes the data kept in the register of notifications for a purpose other than to detect a possible breach of obligations in the performance of the function of a public official, a fine from CZK 1,000 to CZK 50,000 may be imposed. If a public official: a) performs a function or activity that is incompatible with the performance of the function of a public official; b) is a radio or television broadcast operator or a periodical publisher or a partner, member or controlling person of a legal entity which is a radio or television broadcast operator or a periodical publisher; or c) receives remuneration in violation of § 5 par. 1 or 2, a fine from CZK 5,000 to CZK 250,000 may be imposed. If a public official violates the prohibition of performing activities for a specified period of time from the end of the performance of the function of a public official, a fine from CZK 25,000 to CZK 500,000 may be imposed. (Conflict of Interest Act of 2006 (as of 2020), §§ 23 (3), 24 (3) and 25 (2))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Breaches of the Conflict of Interest Act are administrative offences punishable by fines, so administrative sanctions are stipulated. (Conflict of Interest Act (Act No. 159/2006 Coll.), §§ 23–25.)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Ministry of Justice manages the register of declarations, checks completeness, compares data with other information systems, and forwards suspected offences to the competent authority. (Conflict of Interest Act (Act No. 159/2006 Coll.), §§ 13–14.)
Enforcement body specified (sanctions, hearings) Yes. Offenses pursuant to § 23 para. 1 shall be discussed by the municipal authority of the municipality with extended powers, in the territorial district of which the public official resides. Offenses according to § 23 para. 2 let. a) and b) are discussed by the municipal authority of the municipality with extended powers, in the territorial district of which the natural person who was a public official has a permanent residence. Offenses according to § 23 para. 2 let. c) and d) and pursuant to § 24 para. 1 is discussed by the Office for Personal Data Protection. Fines imposed for offenses under the Conflict of Interest Act of 2006 shall be collected and enforced by the authority which imposed them. (Conflict of Interest Act of 2006 (as of 2020), § 25)

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. A public official is obliged (here included Members of Parliament) to refrain from any action in which their personal interests may affect the performance of their function. Personal interest means an interest that brings a public official, a person close to a public official, a legal entity controlled by a public official or a person close to a public official an increase in property or other benefit, prevention of a possible reduction of property or other benefit or other advantage. This does not apply if the benefit or interest is otherwise generally apparent in relation to an unlimited range of addressees. (Conflict of Interest Act of 2006 (as of 2020), §§ 2 (1) (a) (b) and 3)
Accepting gifts No. MPs must file declarations, but GRECO reported that enforceable rules on gifts and other advantages for MPs still had not been adopted (GRECO Fourth Round Compliance Report on the Czech Republic (2022), recommendation iii; Act No. 159/2006 Coll.)
Private firm ownership and/or stock holdings No. Members of Parliament must only disclose if they are, inter alia, a partner or member of an entrepreneurial legal entity, and which legal entity is involved (business name or name, identification number of the person and registered office), or a member of the statutory body, a member of management, supervisory or control body of the legal entity engaged, and which legal entity is involved. (Conflict of Interest Act of 2006 (as of 2020), § 9)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Members of Parliament must only disclose if they are, inter alia, a partner or member of an entrepreneurial legal entity, and which legal entity is involved (business name or name, identification number of the person and registered office), or a member of the statutory body, a member of management, supervisory or control body of the legal entity engaged, and which legal entity is involved. (Conflict of Interest Act of 2006 (as of 2020), § 9)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. A Member of Parliament may not simultaneously serve as a member of both Chambers of Parliament. Holding the office of Deputy or Senator is incompatible with holding the office of the President of the Republic, the office of a judge, and is with other offices, as designated by statute. Furthermore, holding office as a Deputy or Senator is incompatible with positions: a) at a Ministry or other administrative office; b) at the Public Prosecutor's office or court; c) in the security forces, the Armed Forces of the Czech Republic, the Supreme Audit Office, the Office of the President of the Republic, the Office of the Chamber of Deputies, the Office of the Senate, state funds and the Office of the Public Defender of Rights. (Constitution of the Czech Republic of the 1993 (as of 2020), Arts. 21 and 22 Conflict of Interest Act of 2006 (as of 2020), § 5 (3))
Participating in official decision-making processes that affect private interests Yes. If there is a conflict between the proper performance of a function in the public interest and a personal interest, a public official may not prioritize his/her personal interest over the interests which s/he, as a public official, is obliged to promote and defend. A public official may not endanger the public interest by using his/her position, authority or information obtained in the performance of his/her duties to obtain property or other benefits or advantages for him/herself or another person, or be in charge of deciding in matters relating to his/her personal interests, in particular his/her profession, occupation or business. (Conflict of Interest Act of 2006 (as of 2020), § 3 (2) (3) (a) (b))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. If public official: a) fails to file a notice of personal interest; b) states manifestly inaccurate, incomplete or false data in a notification; c) fails to make a notification within the appropriate time; d) violates the prohibition of performing activities for a specified period of time from the end of the performance of the function; e) does not make a notification within the appropriate time limit after the termination of the performance of their function; f) communicates to a third party a username and access password for viewing the notification register; g) uses or further processes the data kept in the register of notifications for a purpose other than to detect a possible breach of obligations in the performance of the function of a public official, a fine from CZK 1,000 to CZK 50,000 may be imposed. If a public official: a) performs a function or activity that is incompatible with the performance of the function of a public official; b) is a radio or television broadcast operator or a periodical publisher or a partner, member or controlling person of a legal entity which is a radio or television broadcast operator or a periodical publisher; or c) receives remuneration in violation of § 5 par. 1 or 2, a fine from CZK 5,000 to CZK 250,000 may be imposed. If a public official violates the prohibition of performing activities for a specified period of time from the end of the performance of the function of a public official, a fine from CZK 25,000 to CZK 500,000 may be imposed. (Conflict of Interest Act of 2006 (as of 2020), §§ 23 (3), 24 (3) and 25 (2))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. A Deputy or Senator’s mandate shall terminate when an incompatibility of office under Article 22 of the Constitution arises. (Constitution of the Czech Republic of the 1993 (as of 2020), Art. 25 (f))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. the Ministry of Justice manages the register of declarations, checks completeness, compares data, and forwards suspected offences. (Conflict of Interest Act (Act No. 159/2006 Coll.), §§ 13–14.)
Enforcement body specified (sanctions, hearings) Yes. Offenses pursuant to § 23 para. 1 shall be discussed by the municipal authority of the municipality with extended powers, in the territorial district of which the public official resides. Offenses according to § 23 para. 2 let. a) and b) are discussed by the municipal authority of the municipality with extended powers, in the territorial district of which the natural person who was a public official has a permanent residence. Offenses according to § 23 para. 2 let. c) and d) and pursuant to § 24 para. 1 is discussed by the Office for Personal Data Protection. Fines imposed for offenses under the Conflict of Interest Act of 2006 shall be collected and enforced by the authority which imposed them. (Conflict of Interest Act of 2006 (as of 2020), § 25)

Civil servants

Restrictions

General restriction on conflict of interest Yes. A civil servant is obliged to refrain from any action which might lead to a conflict of public interest with personal interests, in particular s/he should not misuse information obtained in connection with the performance of a service for one's own or another's sake, or to misuse the status of civil servant. (Civil Service Act No. 234 of 2014, as amended in 2020, §§ 1 and 77 (1) (i) Code of Ethics for Public Administration Officials and Employees of 2012 (as of 2020), Art. 6)
Accepting gifts Yes. Civil servants may not accept gifts or other benefits in connection with service, except benefits provided by the service authority. (Civil Service Act (Act No. 234/2014 Coll.), § 77(1)(j).)
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. The law only allows a non-competition clause to be imposed for certain designated civil-service posts, including some posts dealing with public procurement. That is not a general ban on civil servants holding government contracts. (Civil Service Act No. 234 of 2014, as amended in 2020, § 83 (1))
Board member, advisor, or company officer of private firm Yes. A civil servant may not be a member of the management or control bodies of legal persons carrying on a business activity, except in cases where s/he has been seconded to these bodies by a service body. The seconded civil servant acts in these bodies as a representative of the state and is obliged to promote the states' interests. A civil servant may perform other gainful activity than a service under this Act only with the prior written consent of the service body. (Civil Service Act No. 234 of 2014, as amended in 2020, § 81)
Post-employment Yes. The service body may, in accordance with the systematization of the service regulation, determine the service positions of the superiors for whom a prohibition of competition may be established or agreed. The prohibition of competition may be imposed on a civil servant upon appointment or enrollment in the position. The prohibition of competition may be established only for a certain period beginning on the day of termination of employment, but no longer than 1 year from the date of dismissal period of appointment to a post for a fixed term. In case of enrollment, the prohibition of competition may be no longer than 6 months from the date of termination. (Civil Service Act No. 234 of 2014, as amended in 2020, § 83 (2) (3))
Simultaneously holding policy-making position and policy-executing position Yes. A superior within the civil service rankings may not perform any function in a political party or political movement for the duration of his/her employment. (Civil Service Act No. 234 of 2014, as amended in 2020, § 80)
Participating in official decision-making processes that affect private interests Yes. An official and an employee of a public administration shall ensure that his or her decision-making is objective, impartial and that the solution adopted is always in accordance with the public interest. When making decisions, a public administration official and employee must not prefer personal or group interests or be influenced by positive or negative relationships with specific persons. An official and a civil servant shall also refrain from anything which might jeopardize confidence in the impartiality of his decisions. An official and an employee of a public administration shall not participate in any activity that is incompatible with or limits the performance of his/her work duties. If an official and an employee of a public administration is not sure whether the acts are compatible with his/her share in the performance of public administration, s/he shall discuss the matter with his superior. (Code of Ethics for Public Administration Officials and Employees of 2012 (as of 2020), Arts. 4 and 6 (3) (4))
Assisting family or friends in obtaining employment in public sector Yes. An official and an employee of a public administration shall, by their actions, prevent situations in which he would be exposed to a possible conflict between his private interest and the position held. Private interest includes any advantage for him, his family, close and related persons and legal or natural persons with whom s/he has or has had a business or political relationship. (Code of Ethics for Public Administration Officials and Employees of 2012 (as of 2020), Art. 6 (1))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. A disciplinary measure may be imposed on a civil servant for a disciplinary offense. A disciplinary measure is: a) written reprimand; b) salary reduction of up to 15% for a period of up to 3 calendar months; (c) dismissal from the post of superior; or (d) dismissal. (Civil Service Act No. 234 of 2014, as amended in 2020, § 89)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Ministry of Interior, Civil Service Section. (Civil Service Act No. 234 of 2014, as amended in 2020, § 13)
Enforcement body specified (sanctions, hearings) Yes. Disciplinary authority is exercised by disciplinary commissions of the first instance and disciplinary commissions of the second instance. Disciplinary proceedings shall be initiated ex officio by an official disciplinary commission on the initiative of a service body, including a service body in a superior service office, or a deputy for civil service or a superior, even a higher superior. In the case of a disciplinary offense by the head of the service office, proceedings are initiated on the initiative of the service body in the superior service office and, if the service office does not have a superior service office, on the initiative of the deputy civil service. If it is a disciplinary offense of the State Secretary or the Deputy Head of the Section, the initiative may also be submitted by the relevant member of the Government or the Head of the Office of the Government. (Civil Service Act No. 234 of 2014, as amended in 2020, §§ 91, 92, 93 and 94 )

Legislation

Constitution of the Czech Republic of 1993 (Czech)pdf
Conflict of Interest Act No. 159 of 2006 (Czech)pdf
Civil Service Act No. 234 of 2014 (Czech)pdf
Code of Ethics for Public Administration Officials and Employees of 2012 (Czech)PDF

*Last update: 2017


Freedom of Information

Several sources form the foundation for the Czech Republic's freedom of information regime: the Constitution (1992), the Charter of Fundamental Rights and Freedoms (1993), and the Freedom of Information Act 106/1999 Coll. (1999, amended 2016). The bodies obliged to provide information include state authorities, territorial self-administration entities and their authorities, public institutions, and organizations tasked with responsibilities given by the state.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Act N. 412 on the Protection of Classified Information (2005, amended 2015), and the Act No. 101/2000 Coll., on the Protection of Personal Data (2000, amended 2015). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals may be filed with public authorities and with the courts. There is no appeals process through an independent non-judicial mechanism, such as an information commissioner. The Ombudsman’s decisions are non-binding.

There are no sanctions specified in the law for violations of FOI provisions, nor are there any enforcement or oversight bodies tasked with managing implementation. The Ministry of the Interior provides guidance for proactive disclosure, but there is no specification of monitoring responsibilities.

Quantitative Data

Primary Metric

201220152016201720202024Trend
Scope and Coverage0011111187
Information access and release585858585888
Exceptions and Overrides505050505067
Sanctions for non-compliance000000
Monitoring and Oversight0000017

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. (1) Freedom of expression and the right to information are guaranteed. (2) Everybody has the right to express freely his or her opinion by word, in writing, in the press, in pictures or in any other form, as well as freely to seek, receive and disseminate ideas and information irrespective of the frontiers of the State. (Article 14, Charter of Fundamental Rights and Freedoms, 1993 Article 3, Constitution of Czech Republic, 1992 )
"Information" or "Documents" is defined Yes. (3) For the purpose of this Act, "information" shall mean any contents or its part in any form recorded on any medium, namely the contents of a written record in a document or a record in an electronic format or an audio, visual or audiovisual record. (Section 3 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)
Proactive disclosure is specified Yes. (1) In order to inform the public, each obligated body shall make public at a freely accessible place within its registered office and other offices and allow making copies of the following information (Section 5 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)

Coverage of public and private sectors

Executive branch Yes. (1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their autohorities, and public institutions. (Section 2 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)
Legislative branch Yes. (1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their autohorities, and public institutions. (Section 2 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)
Judicial branch Yes. (1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their autohorities, and public institutions. (Section 2 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)
Other public bodies Yes. (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers. (Section 2 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)
Private sector No. Absent from legal framework.

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments No. In practice, drafts and subsequent changes in the course of the legislative process are posted on the official website of the House of Representatives in the form of the so-called Prints of the House, in the later stage also on the official webpage of the Senat (Upper House of Parliament). Government drafts are also published on the official website of the Government.
Enacted legal instruments Yes. Generally speaking, all the legal acts of general application must be published in the Collection of Laws. All the international laws by which the Czech Republic is bound must be published in the Collection of International Treaties, where the authoritative foreign version, as well as the Czech version, is published simultaneously. (Act No. 222/2016 Coll. on the Collection of Laws and International Treaties and on the Creation of Legal Regulations promulgated in the Collection of Laws and International Treaties (Act on the Collection of Laws and International Treaties) - valid from 2016, but effective from 2024)
Annual budgets Yes. Public entities have an obligation to publish their budgets of the pending and the previous year with all amendments. (Section 8.2 of Decree No. 515/2020 Coll. on the structure of information published on the obligated subject and on the outline of the description of actions performed within the agenda)
Annual chart of accounts (actual expenditures) Yes. Public entities have an obligation to publish their chart of accounts within their annual budget. (Section 8.2 of Decree No. 515/2020 Coll. on the structure of information published on the obligated subject and on the outline of the description of actions performed within the agenda)
Annual reports of public entities and programs Yes. The public entity is required to publicize annual report on its activities with the respect to free access to information. This annual report can be part of a general annual report, if the public entity has one. (Section 18 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. (1) For the purpose of this Act, the "applicant" any natural person or legal entity requesting information. (Section 3 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)
Type of request is specified (written, electronic, oral) Yes. (1) The request for the provision of information may be submitted orally or in writing, including telecommunications media networks or services of electronic communications. (2) If the applicant is not provided the information on the basis of an oral request or if the applicant does not consider the information provided on the basis of an oral request as sufficient, a written request must be submitted. (Section 13 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. (5) The obligated body shall review the contents of the request and: a) if the lack of data about the applicant under the paragraph 2 hinders the information request processing procedure hereunder, namely under Sections 14a or 15, the applicant shall be asked within 7 days of request submission to complete the request; should the applicant fail to satisfy this call within 30 days of its receipt, the request shall be suspended , b) if the request is incomprehensible, fails to indicate clearly what information is being requested or if its wording is too general, the obligated body shall ask the applicant to clarify the request within seven days of the submission date; should the applicant fail to do so within 30 days of the receipt of the call, the obligated body shall decide on the rejection of the request, (Section 14 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. (1) In connection with the provision of information, the obligated bodies are entitled to require payments in an amount not exceeding costs incurred in connection with the retrieval of information the copying, obtaining data carriers and delivery of the information to the applicant. The obligated body may also require payments for extraordinarily extensive information retrieval. (Section 17 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)

Deadlines for release of information

20-day response deadline Yes. (5) The obligated body shall review the contents of the request and: d) shall provide the requested information no later than 15 days from the receipt or completation of the request unless it decides under Section 15; if license under 14a is necessary, it shall submit a final license offer to the applicant within this time limit. (Section 14 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)
Agency granted right to extend response time Yes. (7) Based on serious reasons, the obligated body may extend the time limit for information provision under paragraph 5d), however, for no longer than ten days. Such serious reasons are: a) the retrieval and collection of the requested information in other offices separate from the office processing the request, b) the retrieval and a collection of a large volume of separate and different information requested in a single request, c) consultations with another obligated body that has a substantial interest in the decision on the request, or between two or more parts of the obligated body with a substantial interest in the object of the request. The applicant must be demonstrably notified of such an extension of the time limit and on the reasons thereofin good time before the expiry of the time limit for the provision of information. (Section 14 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)
Maximum total response time of no more than 40 days Yes. Maximum response time is 25 days. (Section 14 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)

Exceptions and Overrides

Exemptions to disclosure

Specific exemptions to disclosure Yes. There are specific restrictions to releasing information. (Sections 7-12 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. (1) An appeal may be filed against the decision on request rejection of the obligated body. (Sections 15-16 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Independent appeal for review outside of the courts through the Human Rights Defender (Ombudsman) is allowed. Such a review can encompass denial of information. However certain subjects are exempt from Ombudsman’s authority and the Ombudsman cannot effectively change the decision.
Judicial appeals mechanism Yes. (4) In court review of an appeal decision based on legal action under special legal regulations, the court shall review whether there are reasons to reject the request. If there are no reasons to reject the request, the court shall repeal the appeal decision and the decision of the obligated body on the request rejection and shall order the obligated body to provide the requested information. (Sections 15-16 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework.
Fines are specified for violations of disclosure requirements No. Absent from legal framework.
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework.

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework.
Public body that is responsible for applying sanctions No. Absent from legal framework.
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework.
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. The Ministry of the Interior provides guidance for proactive disclosure, but there is no specifiication of monitoring responsibilities. (Section 21 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework.
Reporting of data and/or implementation is required Yes. (1) In order to inform the public, each obligated body shall make public at a freely accessible place within its registered office and other offices and allow making copies of the following information: g) the obligated body's annual report on activities related to the provision of information in the previous year (Section 18) (Section 5.1 and 18, of the Freedom of Information Act 106/1999 Coll., 1999, amended 2024)

Legislation

Constitution of the Czech Republic of 1993_CZE.pdf (Czech)pdf
Charter of Fundamental Rights and Freedoms of 1993_CZE (Czech)pdf
Act No. 106 on Freedom of Information of 1999_CZE (Czech)pdf
Act No. 309 on the Collection of Laws and International Treaties of 1999_CZE (Czech)pdf
Act No. 412 on the Protection of Classified Information of 2005_CZE (Czech)pdf
Decree No. 515 on the Structure of Information Published of 2020_CZE (Czech)pdf
Act No. 110 on Personal Data Processing of 2019_CZE (Czech)pdf

*Last update: 2017


Public Procurement

 

The Czech public procurement system is regulated by Act No. 137/2006 Coll. Government Procurement, Act No. 143/2001 on Protection of Competition and Act No. 139/2006 on Concessions and other government decrees (on publishing announcements etc.). Public procurement regulation is dedicated to the Ministry of Regional Development, and the body responsible for supervision is the Office for Protection of Economic Competition.

The lowest minimum thresholds for conducting a public procurement tender are:

▪         CZK 2m (ca. EUR 74000) for goods

▪         CZK 6m (ca. EUR 222000) for works

▪         CZK 2m (ca. EUR 74000) for services

The minimum number of bidders is 3 for restricted procedures and 3 for negotiated procedures. The minimum submission period is 30 days for open procedures, 25 days for both restricted procedures and negotiated procedures from dispatch date. The final beneficial owners has to be disclosed when placing a bid.

There is no preferential treatment based on SME status, but contracting authorities can choose green procurement. Bid exclusion can be only based on abnormally low offer prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence of  the contracting authority is mandated for the evaluation committee.

There is a payable fee in case of an arbitration procedure, which is 1% of the tender price (not less than CZK 50000 and less than CZK 200000, EUR 1850 and EUR 7400). Decisions are published online at the Office for the Protection of the Competition’s website.

Quantitative Data

Primary Metric

201220152016201720202024Trend
Scope6363353668
Information availability3333838346
Evaluation8894888181
Open competition8383757550
Institutional arrangements3636363693

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) CZK 2,000,000. Contracts for goods at or below CZK 2,000,000 were treated as small-scale contracts at end-2024; above that level formal procedures apply. (PPA No. 134/2016, §§ 27 and 31; Government Regulation No. 172/2016 (as in force Dec. 2024))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) CZK 6,000,000. Works contracts at or below CZK 6,000,000 were treated as small-scale contracts at end-2024; above that level formal procedures apply. (PPA No. 134/2016, §§ 27 and 31; Government Regulation No. 172/2016 (as in force Dec. 2024))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) CZK 2,000,000. At end-2024 the services threshold matched goods: contracts at or below CZK 2,000,000 were small-scale. (PPA No. 134/2016, §§ 27 and 31; Government Regulation No. 172/2016 (as in force Dec. 2024))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) CZK 3,000,000. Applies above small-scale for all public sector entities. (PPA No. 134/2016, §27)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) CZK 3,000,000. Utilities follow the same minimum for small-scale, but high-value thresholds are much higher per the regulation implementing EU directives. (PPA No. 134/2016, §158; Gov. Regulation No. 172/2016)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) CZK 3,000,000. Defence contracts follow the same system (small-scale, sub-limit, and EU thresholds) with minor variations for special items/services. (PPA No. 134/2016, §§187, 202; Gov. Regulation No. 172/2016)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) CZK 2,000,000. At end-2024, goods contracts up to CZK 2,000,000 were small-scale contracts; above that level the formal regime applied. (PPA No. 134/2016, §§ 27 and 31; Government Regulation No. 172/2016 (as in force Dec. 2024))
What are the minimum application thresholds for the procurement type? (Product type WORKS) CZK 6,000,000. At end-2024, works contracts up to CZK 6,000,000 were small-scale contracts; above that level the formal regime applied. (PPA No. 134/2016, §§ 27 and 31; Government Regulation No. 172/2016 (as in force Dec. 2024))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) CZK 2,000,000. At end-2024, services contracts up to CZK 2,000,000 were small-scale contracts; above that level the formal regime applied. (PPA No. 134/2016, §§ 27 and 31; Government Regulation No. 172/2016 (as in force Dec. 2024))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The full tender documentation, minus legally-excluded confidential forms, must be published in full; applies to all procedures above small-scale contracts. (PPA No. 134/2016, §§28(1), 53(3), 96, 103, 212, 214; Decree No. 168/2016, §§2, 7)
Are any of these documents published online at a central place? Yes. All centrally published online in the official Bulletin:www.vestnikverejnychzakazek.cz (PPA No. 134/2016, §§96(1)(3), 212(3), 213, 214, 215)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) Yes. Full documentation must be retained for at least 10 years for every procurement procedure, in line with best practice and EU rules. (PPA No. 134/2016, §§216, 217, 219)
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. Authorities must publish quarterly (on the profile) all “mini-contracts” awarded within a framework agreement. (PPA No. 134/2016, §§214, 219)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. No general obligation to publish subcontractor identities in all cases. Identification is only required for on-premise participation (works/services), or if specifically requested in the tender documentation. (PPA No. 134/2016, §§105, 85)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. Disclosure of subcontractor identity is not threshold-dependent; applies as soon as the conditions in Q21 are met. (PPA No. 134/2016, §§105, 85)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Reference to specific brands, producers or patented items in specs is only allowed if objectively justified by subject matter; “or equivalent” always required. (PPA No. 134/2016, §89(5))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. Instead of preference, the authority must justify not splitting the contract into lots, thus encouraging SME participation. (PPA No. 134/2016, §217(2)(m))
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. Law requires complete equal treatment for all EU/EEA or qualifying foreign bidders; no local content rules exist. (PPA No. 134/2016, §6(2)(3))
Is there a specific set of rules for green/sustainable procurement? Yes. Award criteria may include life-cycle costs and compliance with environmental, labor, and social law; sustainable procurement is actively promoted. (PPA No. 134/2016, §§37, 48, 75, 79, 80, 89, 116, 117)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. Tenderers may be excluded for: not meeting documentary requirements, not lodging required insurance, abnormally low bids, conflict of interest, breach of competition, prior defaults, professional misconduct, or prohibited agreements. (PPA No. 134/2016, §§48, 107(5))
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. Bids that do not fulfill stated conditions, fail to provide insurance or explanation for low price, lack beneficial ownership documentation, or create conflicts are automatically excluded. (PPA No. 134/2016, §§48(8)(9), 113, 122, 124)
Is scoring criteria published? Yes. All scoring and relative weights must be stated in the tender docs; exception may apply in design contests only. (PPA No. 134/2016, §§28, 96, 115, Annex 6)
Are decisions always made by a committee? No. Committees are not always required, except for contracts over CZK 300 million, where expert, majority-staffed committees are mandatory. (PPA No. 134/2016, §42)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. Written affidavits are required from all evaluators/experts excluding conflicts of interest; all such conflicts must be reported and resolved. (PPA No. 134/2016, §§42, 44)
Is some part of evaluation committee mandatorily independent of contracting authority? No. No independence from the authority required. External experts may advise but are not compulsory; expertise requirement applies to large/highly technical procurements. (PPA No. 134/2016, §42(2))
Are scoring results publicly available? Yes. The full evaluation report and scoring are accessible to participants and must be published, minus confidential trade information. (PPA No. 134/2016, §§119, 217, 218)
Does the law specify under which conditions the tender can be cancelled? Yes. Grounds for cancellation: too few bidders, only one remaining, key bidder exclusions, fundamental changes in needs or conditions, or failed financing. (PPA No. 134/2016, §127)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Same as open: all restricted calls go through national system/procurement bulletin and TED for large contracts. (PPA No. 134/2016, §§212, 225)
Does the law specify the location for publicizing restricted calls for tenders? Yes. All published publicly unless specifically exempted (negotiation without publication is restricted). (PPA No. 134/2016, §§212, 225)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. TED (above EU thresholds), otherwise Public Procurement Bulletin found in the information system on public contracts ("Věstní veřejných zakázek"): https://www.vestnikverejnychzakazek.cz/ (Public Procurement Act No. 134 of 2016, as amended, §§ 212 and 225)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 3. At least three bidders for restricted procedures. (PPA No. 134/2016, §§58, 59, 111, 163, 200)
What is the minimum number of bidders for negotiated procedures? 3. At least three bidders for negotiated procedures. (PPA No. 134/2016, §§60–62, 112)
What is the minimum number of bidders for competitive dialogue procedures? 3. At least three bidders for competitive dialogue. (PPA No. 134/2016, §§68, 112)

Bidding period length

What are the minimum number of days for open procedures? 15. For open/sub-limit procedures, minimum is 15 days for goods/services (can be urgent/shorter); 20 for works. (PPA No. 134/2016, §§57, 54)
What are the minimum number of days for restricted procedures? 15. For restricted, minimum is 15 days; may be extended for more complex/high-value contracts. (PPA No. 134/2016, §§59, 54)
What are the minimum number of days  for competitive negotiated procedures? 15. Standard minimum is 15 days, with possible urgent reduction. (PPA No. 134/2016, §§62, 59, 54)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Exemptions include: confidential/security matters, weapons, R&D, media/broadcast, real estate, arbitration/legal, CNB operations, infrastructure repairs, humanitarian aid, and political campaign services. (PPA No. 134/2016, §§29–31, 158)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Purchasing bodies covered by the law: - Czech Republic (i.e. ministries and other governmental institutions); - Czech national bank; - State allowance organizations; - Municipalites and regional self-administration; - All legal entities provided they are financed or controlled by the above mentioned and were established for specific purpose of meeting needs in general interest (not having an industrial or commercial character); Also covered: - Subsidized contracting authority (legal entity or natural person that awards public contracs which is reimbursed more than 50% from financial means provided from public sources or EU funds or if financial means provided for contract from such sources >= CZK 200,000,000); - Public contracting entities performing relevant activities (formerly "sector contracting authority") pursuant to Article 151; (Public Procurement Act No. 134 of 2016, as amended, §§ 4 and 151)
Does the law specify the main procedure types or procurement methods permitted? Yes. All standard procedures (open, restricted, negotiated, dialogue, innovation, concessions, simplified sub-limit) are enumerated and permitted as per law. (PPA No. 134/2016, §3)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. No contract can be signed with the supplier within 60 days of appeal initiation, unless the case is closed, rejected, or stopped—standstill is legally binding. (PPA No. 134/2016, §246)
Is there a procurement regulatory body dedicated to public procurement? No. The Ministry for Regional Development manages the information system and issues technical decrees—no independent regulatory authority for procurement. (PPA No. 134/2016, §§92, 212, 213, 214, 219, 224, 266)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? Yes. All final decisions of the Office for the Protection of Competition must be published online for public inspection. (PPA No. 134/2016, §272)
Is disclosure of final, beneficial owners required for placing a bid? Yes. As Q54; must be proven by selected supplier before contract award. (PPA No. 134/2016, §122)

Complaints

Is there a fee for arbitration procedure? Yes. As Q55; comprehensive fee/deposit required for any procurement motion before the Office. (PPA No. 134/2016, §§251, 255, 257, 266)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. Contracting authority may not sign contract for 60 days after appeal unless decision is made sooner. (PPA No. 134/2016, §246)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? Yes. All decisions by the Office for the Protection of Competition are published online and accessible to the public. (PPA No. 134/2016, §272)
Is there a requirement to publicly release arbitration court decisions ? Yes. Digital publication requirements affect all key procurement documents, evaluation reports, and decisions (at profile, national platform, and ÚOHS site). (PPA No. 134/2016, §272)

Legislation

Decree 345/2023 on the publication of standard forms for the purposes of the Public Procurement Act and on the requirements of the contracting authority profilemissing file:
Government Regulation No. 172/2016 Coll. on the financial thresholds for public procurement (Czech)pdf
Act No. 134/2016 Coll., on Public Procurement (Czech)pdf

*Last update: 2017


Anti Money Laundering


Quantitative Data

Primary Metric

201220152016201720202024Trend
Risk-based approach100
Sanctions for natural persons71
Sanctions for legal persons75
Pecuniary sanctions for obliged entities60
Beneficial ownership of legal persons and legal arrangements48
Supervision of obliged entities100
Financial Intelligence Units (FIUs)83
Mutual legal assistance (MLA) and International Cooperation100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Country score

Risk-based approach

Each Member State shall be legally required to prepare a national risk assessment that outlines appropriate steps to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting it. Yes. National risk assessment must be prepared at the level of the Czech Republic by the Financial Analytical Office. (Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing, § 30a(1)-(4))
Member states shall be legally required to keep the national risk assessment up to date and review it at least every 4 years. Yes. The Financial Analytical Office must submit a national risk assessment within 5 years of the previous government-approved assessment and must update it continuously. (Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing, § 30a(4), (8))
Member states should legally designate an authority or mechanism to co-ordinate actions to assess risks. Yes. The Financial Analytical Office coordinates both the national risk assessment process and the implementation of risk-mitigation measures. (Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing, § 30a(1), (6))

Sanctions for natural persons

The following conduct, when committed intentionally, is punishable as a criminal offence: the conversion or transfer of property, knowing that such property is derived from criminal activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person’s action; Yes. Intentional laundering conduct covering transfer/conversion and concealment of criminal proceeds is criminalized. (Act No. 40/2009 Coll., Criminal Code, § 216(1)-(2))
The following conduct, when committed intentionally, is punishable as a criminal offence: the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is derived from criminal activity; Yes. Concealing or disguising the true nature, location, movement, disposition, ownership or other rights in criminal proceeds is criminalized. (Act No. 40/2009 Coll., Criminal Code, § 216(2))
The following conduct, when committed intentionally, is punishable as a criminal offence: the acquisition, possession or use of property, knowing at the time of receipt, that such property was derived from criminal activity. Yes. Acquiring, keeping or using property that is the proceeds of crime committed by another person is criminalized. (Act No. 40/2009 Coll., Criminal Code, § 216(1))
Aiding and abetting, inciting and attempting a money laundering offence is punishable as a criminal offence. Yes. Attempt and participation, including instigation and aiding, are punishable under the general rules of the Criminal Code. (Act No. 40/2009 Coll., Criminal Code, § 21; § 24(1)-(2))
Money laundering offences are punishable by a maximum term of imprisonment of at least four years. Yes. Money laundering is punishable by up to five years’ imprisonment under the core offence provision. (Act No. 40/2009 Coll., Criminal Code, § 216(2))
A prior or simultaneous conviction for the criminal activity from which the property was derived is not a prerequisite for a conviction for money laundering offences No. Absent from legal framework
A conviction for money laundering offences is possible where it is established that the property was derived from a criminal activity, without it being necessary to establish all the factual elements or all circumstances relating to that criminal activity, including the identity of the perpetrator; No. Absent from legal framework

Sanctions for legal persons

Legal persons can be held liable for the breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113 committed on their behalf or for their benefit by any person, acting individually or as part of a body of that legal person and having a leading position within that legal person, based on any of the following: a power to represent the legal person; an authority to take decisions on behalf of the legal person; an authority to exercise control within the legal person. No. Legal-person liability is framed for criminal offences under the Criminal Code, not for breaches of Regulations (EU) 2024/1624 or 2023/1113 as such. (Act No. 418/2011 Coll., on Criminal Liability of Legal Persons and Proceedings against Them, § 7-8)
Legal persons can be held liable where the lack of supervision or control has made possible the commission of any money laundering offences for the benefit of that legal person by a person under its authority. Yes. A legal person is liable where an employee commits an offence because required supervision or control was not exercised. (Act No. 418/2011 Coll., on Criminal Liability of Legal Persons and Proceedings against Them, § 8(2)(b))
Legal persons held liable are punishable by criminal or non-criminal fines. Yes. Legal persons may be punished by a pecuniary penalty. (Act No. 418/2011 Coll., on Criminal Liability of Legal Persons and Proceedings against Them, § 15(1)(c); § 18)
Legal persons held liable are punishable by other sanctions, such as: exclusion from entitlement to public benefits or aid; temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions; temporary or permanent disqualification from the practice of commercial activities; placing under judicial supervision; a judicial winding-up order; temporary or permanent closure of establishments which have been used for committing the offence. Yes. Other sanctions include dissolution, activity bans, public-procurement bans, subsidy bans and publication of the judgment. (Act No. 418/2011 Coll., on Criminal Liability of Legal Persons and Proceedings against Them, § 15(1)(a), (e), (g)-(i); § 16; § 20; § 21; § 22)

Pecuniary sanctions for obliged entities

In the event of a breach of Regulations (EU) 2024/1624 and (EU) 2023/1113, where obligations apply to legal persons, pecuniary sanctions can be imposed and administrative measures can be applied not only to the legal person, but also to the senior management and to other natural persons who under national law are responsible for the breach. Yes. The Czech AML sanctions regime applies to breaches of the national AML framework implementing and supplementing the EU rules, including directly applicable transfer-of-funds obligations, so this substantively satisfies the indicator under the transposition approach. (Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing, § 1; § 35(2); § 45(6); § 46(3))
Pecuniary sanctions shall be imposed on obliged entities for serious, repeated or systematic breaches, whether committed intentionally or negligently, of the requirements laid down in the following provisions of Regulation (EU) 2024/1624: Chapter II (Internal policies, procedures and controls of obliged entities); Chapter III (Customer due diligence); Chapter V (Reporting obligations); Article 77 (Record retention). Yes. Czech law provides sanctions for serious, repeated or systematic breaches of the national AML obligations that implement the EU framework; under the methodology, sanctions for breach of the implementing national AML law are sufficient. (Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing, § 44(4); § 45(6); § 46(3))
Supervisors are able to apply administrative measures to an obliged entity, where they identify: breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113, either in combination with pecuniary sanctions for serious, repeated and systematic breaches, or on their own; weaknesses in the internal policies, procedures and controls of the obliged entity that are likely to result in breaches of the requirements; that the obliged entity has internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences or terrorist financing to which the entity is exposed. Yes. Supervisory authorities may impose remedial and corrective measures for breaches of the Czech AML regime implementing the EU framework, which substantively satisfies this indicator even though the Act does not mirror the EU-regulation wording. (Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing, § 24(2); § 35(13))
Where obliged entities fail to comply with administrative measures applied by the supervisor within the applicable deadlines, supervisors are able to impose periodic penalty payments in order to compel compliance with those administrative measures. No. Absent from legal framework
Supervisors are required to publish on their website, in an accessible format, decisions imposing pecuniary sanctions, applying administrative measures or imposing periodic penalty payments. No. Final offence decisions are published, but the law does not clearly require publication of decisions on all administrative measures and periodic penalty payments described in the indicator. (Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing, § 53(1)-(3))

Beneficial ownership of legal persons and legal arrangements

Beneficial ownership information must be held in a central register in the Member State where the legal entity is created or where the trustee of an express trust or person holding an equivalent position in a similar legal arrangement is established or resides, or from where the legal arrangement is administered. Yes. The register is a public information system for Czech legal entities and for legal arrangements with a Czech trustee or other Czech nexus specified by law. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, §§ 11–12)
Member States shall ensure that the entities in charge of the central registers are empowered to request from legal entities, trustees of any express trust and persons holding an equivalent position in a similar legal arrangement, and their legal and beneficial owners, any information necessary to identify and verify their beneficial owners, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation. Yes. The registration regime requires petitions to be supported by documents proving the recorded facts and ownership/control structure, which in substance empowers the register authority to obtain the information needed to identify and verify beneficial owners. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, §§ 23, 29, 34)
Where no person is identified as the beneficial owner, the central register shall include: (a) a statement that there is no beneficial owner or that the beneficial owners could not be determined, accompanied by a corresponding justification (b) the details of all natural persons who hold the position of senior managing officials in the legal entity equivalent to the following information: all names and surnames, place and full date of birth, residential address, country of residence and nationality or nationalities of the beneficial owner, number of identity document, such as passport or national identity document, and, where it exists, unique personal identification number assigned to the person by his or her country of usual residence, and general description of the source of such number Yes. Where no actual beneficial owner can be identified, Czech law uses senior managing officials as the residual beneficial-owner category, and the register records the explanatory basis of that status; this substantively satisfies the indicator. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, §§ 5, 13)
Entities in charge of the central registers are required to verify, within a reasonable time upon submission of the beneficial ownership information, and on a regular basis thereafter, that such information is adequate, accurate and up to date. Yes. The Czech framework combines document-based verification on registration with concrete updating duties without undue delay after changes and discrepancy-correction mechanisms, which substantively satisfies the requirement to ensure adequacy, accuracy and timeliness. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, §§ 23, 29, 34, 42, 44–49)
Competent authorities, if appropriate and to the extent that such requirement does not interfere unnecessarily with their functions, are required to report to the entities in charge of the central registers any discrepancies they find between information available in the central registers and the information available to them. Yes. Public authorities that find a discrepancy in the beneficial ownership register during their activities must notify the registration court, unless doing so could endanger their functions. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, § 42(1))
The information contained in the central registers must include any change to the beneficial ownership of legal entities and legal arrangements and to nominee arrangements, following their first recording in the central register. Yes. The register records the date from which and until which a person is a beneficial owner, so changes after the first recording are captured in the registered information. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, § 13(f)–(g))
The entity in charge of the central register is empowered, whether directly or by application to another authority, including judicial authorities, to carry out checks, including on-site inspections at the business premises or registered office of legal entities, in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to-date. No. The court may assess filings and discrepancy proceedings on the papers before it, but there is no clear power in the Act for the register authority to carry out checks or on-site inspections at business premises. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, §§ 29, 47)
Where verification leads an entity in charge of a central register to conclude that there are inconsistencies or errors in the beneficial ownership information, the entity in charge of a central register is able to withhold or refuse to issue a valid certificate of proof of registration, or to suspend the validity of an existing certification of proof of registration. No. The Act provides extracts and discrepancy notes, but it does not establish a certificate-of-registration regime that can be withheld, refused, or suspended on this basis. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, §§ 14–16, 45–49)
The entity in charge of the central register is empowered to, whether directly or by application to another authority, including judicial authorities, apply effective, proportionate and dissuasive measures or impose such pecuniary sanctions for failures, including of a repeated nature, to provide the central register with accurate, adequate and up-to-date information about their beneficial ownership. Yes. Failure to ensure registration, and failure to update entries after a confirmed discrepancy, are administrative offences punishable by a fine. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, §§ 55–57)
Competent authorities have immediate, unfiltered, direct and free access to the information held in the interconnected central registers without alerting the legal entity or legal arrangement concerned. These competent authorities include: self-regulatory bodies in the performance of supervisory functions of AML rules; tax authorities; national authorities with designated responsibilities for the implementation of Union restrictive measures; AMLA for the purposes of joint analyses; EPPO; OLAF; Europol and Eurojust when providing operational support to the competent authorities of Member States. Yes. Specified authorities and obliged entities have direct remote access to full register extracts, without any requirement to alert the entity concerned. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, §§ 16(2), 17)
Beneficial ownership information held in central registers may be made available to obliged entities upon payment of a fee, which shall be limited to what is strictly necessary to cover the costs of ensuring the quality of the information held in the central registers and of making the information available. Those fees shall be established in such a way as not to undermine effective access to the information held in the central registers. Yes. Obliged entities have remote access to all register data for customer due diligence free of charge. Because free access is broader than access subject to a limited fee, this substantively satisfies the indicator. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, § 16(2)(o); e-Justice, Information on Czech Republic national BOR)
Any natural or legal person that can demonstrate a legitimate interest in the prevention and combating of money laundering, its predicate offences and terrorist financing has access to the following information on beneficial owners of legal entities and legal arrangements held in the interconnected central registers, without alerting the legal entity or legal arrangement concerned: the name of the beneficial owner; the month and year of birth of the beneficial owner; the country of residence and nationality or nationalities of the beneficial owner; for beneficial owners of legal entities, the nature and extent of the beneficial interest held; for beneficial owners of express trusts or similar legal arrangements, the nature of the beneficial interest. No. Czech law provides interest-based access only to some data on beneficial owners of legal arrangements; it does not establish the broader legitimate-interest access regime for legal entities and legal arrangements described in the indicator. In addition, the Supreme Court held the general-public access model contrary to EU law. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, §§ 14–15; Supreme Court resolution 27 Cdo 1368/2024 of 25 August 2025)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. The Act does not deem journalists or media actors to have a legitimate interest. It only requires an applicant for certain trust data to demonstrate an interest connected to preventing the listed offences. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, § 15(1))
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: civil society organisations, including non-governmental organisations and academia, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. The Act does not deem civil society organisations or academia to have a legitimate interest. Access on an interest basis is framed generally and only for legal arrangements. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, § 15(1))
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: natural or legal persons likely to enter into a transaction with a legal entity or legal arrangement and who wish to prevent any link between such a transaction and money laundering, its predicate offences or terrorist financing; No. The Act does not deem prospective counterparties to have a legitimate interest. The interest-based access rule is narrower and limited to legal arrangements. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, § 15(1))
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: Member States’ public authorities in the context of public procurement procedures, in respect of the tenderers and operators being awarded the contract under the public procurement procedure; No. Public authorities may have their own statutory access rights, but the Act does not deem procurement authorities to have a legitimate interest under the access rule in this indicator. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, §§ 15, 16(2))
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. Absent from legal framework
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: civil society organisations that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing. No. Absent from legal framework
Where entities in charge of central registers decide to grant access to beneficial ownership information, they shall issue a certificate granting access for 3 years. Entities in charge of central registers shall respond to any subsequent request to access beneficial ownership information by the same person within 7 working days. No. Absent from legal framework
Member States shall ensure that entities in charge of central registers shall only refuse a request to access beneficial ownership information on one of the following grounds: the applicant has not provided the necessary information or documents pursuant to paragraph 1; a legitimate interest to access beneficial ownership information has not been demonstrated; where on the basis of information in its possession, the entity in charge of the central register has a reasonable concern that the information will not be used for the purposes for which it was requested or that the information will be used for purposes that are not connected to the prevention of money laundering, its predicate offences or terrorist financing; one or more of the situations referred to in Article 15 applies; the legitimate interest to access beneficial ownership information granted by the central register of another Member State does not extend to the purposes for which the information is sought; where the applicant is in a third country and responding to the request to access information would not comply with the provisions of Chapter V of Regulation (EU) 2016/679. Yes. Czech law at least allows refusal where the applicant does not demonstrate the required interest for access. Under the methodology, one operative refusal condition is enough. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, § 15)
In exceptional circumstances to be laid down in national law, where the access to beneficial ownership information would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, Member States shall provide for an exemption from such access to all or part of the personal information on the beneficial owner. Member States shall ensure that such exemptions are granted on a case-by-case basis upon a detailed evaluation of the exceptional nature of the circumstances and confirmation that those disproportionate risks exist. The right to an administrative review of the decision granting an exemption and the right to an effective judicial remedy shall be guaranteed. No. Czech law allows data to be hidden for a beneficial owner who lacks full legal capacity in deserving cases, but it does not provide the broader case-by-case exemption for disproportionate risks listed in the indicator. (Act No. 37/2021 Coll., on the Registration of Beneficial Owners, § 32)

Supervision of obliged entities

Each Member State shall ensure that all obliged entities established in its territory are subject to adequate and effective supervision. To that end, each Member State shall appoint one or more supervisors to monitor effectively, and to take the measures necessary to ensure compliance by the obliged entities with Regulations (EU) 2024/1624 and (EU) 2023/1113. Yes. Czech law designates the Financial Analytical Office and other sectoral supervisors to supervise obliged entities under the AML Act. (Act No. 253/2008 Coll., on Certain Measures against the Legalisation of Proceeds of Crime and Financing of Terrorism, § 35(1)-(2))

Financial Intelligence Units (FIUs)

Each Member State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. Yes. The Financial Analytical Office is established by law as the Financial Intelligence Unit of the Czech Republic. (Act No. 253/2008 Coll., on Certain Measures against the Legalisation of Proceeds of Crime and Financing of Terrorism, § 29c(1))
The FIU as the central national unit shall be responsible for receiving and analysing suspicious transaction reports and other information relevant to money laundering, associated predicate offences or terrorist financing. Yes. The FIU receives suspicious transaction reports under the AML Act and is legally empowered to collect and analyse information. (Act No. 253/2008 Coll., on Certain Measures against the Legalisation of Proceeds of Crime and Financing of Terrorism, §§ 18, 29c(2), 31(1))
The FIU shall be responsible for disseminating the results of its analyses and any additional relevant information to the competent authorities where there are grounds to suspect money laundering, associated predicate offences or terrorist financing. Yes. The FIU must report detected crime and provide relevant information to law-enforcement authorities, and may also disseminate investigation results to specified authorities. (Act No. 253/2008 Coll., on Certain Measures against the Legalisation of Proceeds of Crime and Financing of Terrorism, § 32(1)-(2))
The FIU shall be operationally independent and autonomous, which means that the FIU shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information. It shall be free from any undue political, government or industry influence or interference. No. The Act establishes the FIU and gives it investigative powers, but it does not clearly and expressly state operational independence and autonomy free from undue political or government influence in the terms used by the indicator. (Act No. 253/2008 Coll., on Certain Measures against the Legalisation of Proceeds of Crime and Financing of Terrorism, §§ 29c-29d)
The FIU, regardless of their organisational status, is authorised to have access to the information that they require to fulfil their tasks, including financial, administrative and law enforcement information. Yes. The FIU may request information from police, intelligence services, tax authorities and multiple state registers, and may collect and analyse information in its information system. (Act No. 253/2008 Coll., on Certain Measures against the Legalisation of Proceeds of Crime and Financing of Terrorism, §§ 30(1)-(6), 31(1))
FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to that transaction. Yes. The FIU may order suspension of a customer order or seizure of assets for a limited period where investigation of a suspicious transaction requires more time. (Act No. 253/2008 Coll., on Certain Measures against the Legalisation of Proceeds of Crime and Financing of Terrorism, § 20(3)-(4))

Mutual legal assistance (MLA) and International Cooperation

Member States shall ensure that the FIU to whom the request is made is legally required to use the whole range of its available powers which it would normally use domestically for receiving and analysing information when it replies to a request for information from another FIU. Yes. The Financial Analytical Office must cooperate with foreign counterpart authorities and exchange information for the purposes of the Act. This substantively enables the requested cross-border information-sharing. (Act No. 253/2008 Coll., on Certain Measures against the Legalisation of Proceeds of Crime and Financing of Terrorism, § 33(1)-(4))
Member States shall ensure that FIUs are legally required to exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis of information by the FIU related to money laundering, its predicate offences, or terrorist financing, and the natural or legal person involved, regardless of the type of predicate offences that may be involved, and even if the type of predicate offences that may be involved is not identified at the time of the exchange. Yes. The Czech framework allows the FIU to provide, obtain and use information with foreign counterpart authorities for AML/CFT purposes, including on reciprocity, which substantively satisfies this indicator. (Act No. 253/2008 Coll., on Certain Measures against the Legalisation of Proceeds of Crime and Financing of Terrorism, § 33(1)-(3))

Legislation

*Last update: 2017


Asset Recovery


Quantitative Data

Primary Metric

201220152016201720202024Trend
Asset Offices100
Confiscation78
International cooperation75

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

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Country score

Asset Offices

Each Member State shall legally designate at least one asset recovery office to facilitate cross-border cooperation in relation to asset-tracing investigations and to conduct asset recovery functions in both criminal matters and civil or administrative matters. Yes. The Czech Republic has a designated national contact point for tracing proceeds of crime and cooperating with foreign authorities (Asset Recovery Office) within the police structures, as required by Council Decision 2007/845/JHA. (National designation of the Czech Asset Recovery Office under Council Decision 2007/845/JHA; Criminal Procedure Code,)
Each Member State shall legally designate at least one competent authority to function as an asset management office for the purpose of the management of frozen and confiscated property until the disposal of that property further to a final confiscation order. Yes. Confiscated property becomes state property and its management, including sale and administration, is regulated under the Criminal Procedure Code and related legislation, (Criminal Code 40/2009 Coll., §55(3) (forfeited property becomes state property); Code of Criminal Procedure,)

Confiscation

Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property. The freezing measures shall consist of freezing orders and immediate action. (Freezing measures) Yes. The Code of Criminal Procedure allows seizure and securing of assets that may be subject to forfeiture or confiscation of property, (Code of Criminal Procedure (Trestní řád), §§ 347–349 (seizure of things and securing of assets for forfeiture or confiscation of property).)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of instrumentalities and proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Conviction based confiscation) Yes. The Criminal Code provides for forfeiture of things used to commit a criminal offence, intended for use, acquired through the offence or as a reward, and for confiscation of property as a punishment, (Criminal Code 40/2009 Coll., §55 (Forfeiture of things), §70–72 (Forfeiture and confiscation as protective measures), §66–68 (Punishment of confiscation of property).)
Member States shall take the necessary measures to enable the confiscation of property the value of which corresponds to instrumentalities or proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Confiscation of equivalent value) Yes. If an item that could be forfeited has been destroyed, damaged, removed, or otherwise made unavailable, the court may order forfeiture of a substitute value up to the value of the item before the interference, allowing equivalent‑value (Criminal Code 40/2009 Coll., §71a (Forfeiture of substitute value).)
Member States shall take the necessary measures to enable the confiscation of proceeds, or other property the value of which corresponds to proceeds, which, directly or indirectly, were transferred by a suspected or accused person to third parties, or which were acquired by third parties from a suspected or accused person. (Third-party confiscation) Yes. Forfeiture may cover things that the offender at least partly acquired for another thing already constituting proceeds, and confiscation of property may also be imposed on legal persons and in relation to substitute value, (Criminal Code 40/2009 Coll., §55(1)(d) (property acquired for proceeds); Act No. 418/2011 Coll. on Criminal Liability of Legal Persons, §17–20 (confiscation of property and forfeiture of a thing or other asset value).)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of property belonging to a person convicted of a criminal offence where the offence committed is liable to give rise, directly or indirectly, to economic benefit, and where a national court is satisfied that the property is derived from criminal conduct. (Extended confiscation) Yes. Extended confiscation is implemented as forfeiture of a portion of assets, (Criminal Code 40/2009 Coll., §102a (Forfeiture of a portion of assets).)
Member States shall take the necessary measures to enable the confiscation of instrumentalities, proceeds or property, or proceeds or property transferred to third parties, where criminal proceedings have been initiated but could not be continued because of illness, absconding, or death of the accused or the limitation period of the offence is below 15 years and has expired. (Non-conviction based confiscation) Yes. Czech law allows confiscation and forfeiture in certain cases even where criminal proceedings cannot be completed against the offender, (Criminal Code 40/2009 Coll., §§ 70–72 (Protective measures of forfeiture of items and confiscation of property); Code of Criminal Procedure, §§ 351–353 (protective measures even where criminal liability cannot be established).)
Confiscation without a prior conviction shall be limited to cases where, in the absence of the circumstances above, it would have been possible for the relevant criminal proceedings to lead to a criminal conviction for, at least, offences liable to give rise, directly or indirectly, to substantial economic benefit, and where the national court is satisfied that the instrumentalities, proceeds or property to be confiscated are derived from, or directly or indirectly linked to, the criminal offence in question. (Non-conviction based confiscation) Yes. Confiscation as a protective measure may be ordered where it is necessary to protect society from property that is proceeds or instrumentalities of crime, even if the offender cannot be convicted, (Criminal Code 40/2009 Coll., §§ 70–72; Code of Criminal Procedure, §§ 351–353.)
Member States shall take the necessary measures to enable the confiscation of property identified in the context of an investigation in relation to a criminal offence, provided that a national court is satisfied that the identified property is (i) derived from criminal conduct committed within the framework of a criminal organisation and (ii) that conduct is liable to give rise, directly or indirectly, to substantial economic benefit. A ‘criminal offence’ in this case is punishable by deprivation of liberty of a maximum of at least four years. (Confiscation of unexplained wealth) No. Although extended confiscation of a portion of assets exists, the legal framework does not contain a separate confiscation of unexplained wealth regime fully matching Article 16 of Directive (EU) 2024/1260 by 31.12.2024. (Criminal Code 40/2009 Coll., §102a (extended confiscation); no separate unexplained‑wealth)
Member States are legally required to adopt a national strategy on asset recovery and update it at regular intervals of no longer than five years. (Deadline of 24 May 2027) No. Czech legislation does not provide for a specific national asset recovery strategy with a mandatory five‑year updating cycle; this obligation stems from Directive (EU) 2024/1260 and was not yet implemented by 31.12.2024. (No explicit asset‑recovery strategy provision in Criminal Code 40/2009 Coll., Code of Criminal Procedure or Act No. 418/2011 Coll.)

International cooperation

To facilitate cross-border cooperation, Member States shall legally require measures to enable the swift tracing and identification of instrumentalities and proceeds, or of property which is, or might become, the object of a freezing or confiscation order in the course of proceedings in criminal matters. Yes. The Code of Criminal Procedure contains provisions on international legal assistance, including tracing, seizure and confiscation of proceeds of crime and equivalent value, (Code of Criminal Procedure, Part VIII (International legal assistance in criminal matters),)
Member States shall legally require the necessary measures to ensure that their asset recovery offices provide, upon request from an asset recovery office in another Member State, any information that those asset recovery offices have access to, and that is necessary for the performance of the tasks of the asset recovery office requesting that information Yes. The Czech Asset Recovery Office, established within the police, is mandated to cooperate and exchange information with other AROs in the EU (National designation of the Czech ARO under Council Decision 2007/845/JHA; Code of Criminal Procedure,)
Member States may legally allow for cost-sharing agreements with other Member States on the execution of freezing and confiscation orders. No. Czech law on international legal assistance and confiscation does not contain a specific provision on cost‑sharing (No explicit cost‑sharing rule identified in the Code of Criminal Procedure)
Countries should be able to share confiscated property with other countries, in particular when confiscation is directly or indirectly a result of co-ordinated law enforcement actions Yes. The Czech Republic (Code of Criminal Procedure, provisions implementing Article 15 of the European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and related asset‑sharing)

Legislation

*Last update: 2017