Fiches Belges: Czech Republic

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

Yes, it is possible. Confiscation may apply to: a) assets that were used to commit a crime, intended to commit a crime, derived from a crime, obtained (at least parially) in exchane for assets derived from a crime, b) equivalent value of assets under a), which the perpetrator destroyed or otherwise rendered unavailable for execution of the confiscation, c) to the perpetrator's property (as a whole or in part) as a criminal punishment in case the offender is sentenced to an extraordinary sentence (20 to 30 years or life imprisonment) or it the perpetrator committed an especially serious felony, by which he acquired or tried to acquire profit. The sentence of confiscation of property may also be imposed in case of certain other crimes specified in the Special Part of the Criminal Code.

International legal framework applicable for this measure in your Member State

Council Framework Decision 2005/212/JHA on confiscation of crime-related proceeds, Instrumentalities and property. Council Framework Decision 2006/783/JHA on the application of the principle of mutual recognition of confiscation orders. COE Convention on Laundering, Search, Seizure and Confiscation of Proceeds from Crime of 1990 Bilateral treaties on legal assistance in criminal matters. Requests for legal assitance may also be accepted in the absence of legal framework on the principle of reciprocity.

* receive the request/decision for judicial cooperation

In case of standard MLA requests the central authority for receiving requests is the Ministry of Justice. The request may also be sent directly to the competent authorities when the Requesting state proceeds according the FD 2006/783/JHA, i.e. confiscation orders may be sent directly to the competent court.

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

Competent court.

Accepted languages for the request/decision

Czech. Translation of requests made according to the 1990 Strasbourg Convention is not required on the condition of recipocity. The same applies to requests / certificates sent according to the applicable FD The language regime of requests may be modified by bilatral treaties between the Czech Republic and the requesting state.

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

N/A

a. Special requirements

Section 47 (2) of the Act on Mutual Legal Assistance in Criminal Matters (MLA Act) requires meeting the condition of dual criminality for executing these types of requests. However, there is an exception from the rule of dual criminality when proceeding according to the applicable Framework Decision - in case the request concerns an act, for which the law of the requesting state stipulates a sentence of imprisonment with the upper limit of at least 3 years and which consists in conduct marked under Section i), sub-section (2.3) of the confiscation certificate, the condition of dual criminality is not required.

b. Other useful information

Confiscation cannot be used for restitution of assets to the legitimate owner - these are two different institutes that must be strictly distinguished.