Fiches Belges: Czech Republic

Is this measure possible in your Member State under International Judicial Cooperation?

There is a central Register of sentences in the Czech Republic. This evidence contains information on persons that were lawfully sentenced in criminal proceedings. This evidence serves for needs of criminal or administrative proceedings and for the proof of integrity. The Police have also its own records and evidences necessary for fulfilling of their tasks.

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: • Convention on Mutual Assistance in Criminal Matters (Strasbourg, 1959) • Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 2000) • Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States

* receive the request/decision for judicial cooperation

In case there is pre-trial proceeding being conducted in a foreign state, the competence to execute it will pertain to the Regional Public Prosecutor’s Office and otherwise to the Regional Court, in the jurisdiction of which is the requested action of legal assistance to be performed. Under the scope of the FD 2009/315/JHA it is possible to ask for information extracted from the criminal record directly the Czech Criminal Register.

* execute/recognise the measure (if other than the receiving authority)

N/A

Accepted languages for the request/decision

No reservations to the Article 16 of the European Convention 1959, however CZ applies reciprocity and bilateral treaties.

Deadlines for the execution of the request/decision (where applicable)

N/A

a. Special requirements

N/A

b. Other useful information

N/A