Fiches Belges: Czech Republic

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

Yes. It is possible to hear a suspect, an accused, a witness and an expert.

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: The Second Additional protocol of the Council of Europe Convention on MLA in Criminal Matters - the EU Convention on MLA in Criminal Matters - bilateral treaties on MLA in Criminal Matters - reciprocity based on the domestic law on MLA in Criminal matters.

* receive the request/decision for judicial cooperation

There is a direct contact between judicial authorities in the EU: - in pre-trial proceedings - the regional prosecutor's offices - in trial - regional courts

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

There is a direct contact between judicial authorities in the EU: - in pre-trial proceedings - the regional prosecutor's offices - they can ask for cooperation a police authority or a district prosecutor’s office - in trial - regional courts - they can ask for cooperation a district prosecutor’s office

Accepted languages for the request/decision

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

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

N/A

a. Special requirements

It is necessary to specify questions that shall be asked.

b. Other useful information

N/A