Fiches Belges: Czech Republic
Interception of telecommunication without the technical assistance of another Member State (107) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Yes, it is possible. There are no special provisions applicable to this situation, therefore the procedure and statutory conditions are the same as in the case of standard interception and recording of communications, for more details see measure 101.
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2. LEGAL FRAMEWORK |
International legal framework applicable for this measure in your Member State | Directive 2014/41/EU regarding the European Investigation Order in criminal matters was implemented in the Czech law and the EIO became effective from 16 August 2018. It is applicable in relation to the Member States, which have also implemented the EIO Directive.
For the countries, which have not implemented the EIO Directive so far, the following legal framework is applicable:
Art. 20 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European union of May 29, 2000.
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3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | In case of standard MLA requests the central authority for receiving requests in pre-trial proceedings is the Supreme Public Prosecutor's Office, and for receiving requests in trial stage of proceedings the Ministry of Justice.
The request may also be sent directly to the competent authority, which in this particular case is the Regional Court in Prague (in trial proceedings) or the Regional Public Prosecutor's Office in Prague (in pre-trial proceedings).
| * execute/recognise the measure (if other than the receiving authority) | Regional Court in Prague (in trial proceedings) or the Regional Public Prosecutor's Office in Prague (in pre-trial proceedings).
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4. ACCEPTED LANGUAGES |
Accepted languages for the request/decision | Czech. According to EU 2000 Convention on Mutual Legal Assistance in Criminal Matters, translation of requests is not required on the condition of reciprocity.
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5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | N/A |
6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | See measure 101.
| b. Other useful information | See measure 101.
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