Fiches Belges: Czech Republic

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

Yes.

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union

* receive the request/decision for judicial cooperation

The competent authorities when the Czech Republic is the executing state, are: – the regional courts with local jurisdiction. Regional courts; – appeals are heard by the high courts.

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

N/A

Accepted languages for the request/decision

Czech (SLOVAK in relation with the SLOVAK REPUBLIC)

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

N/A

a. Special requirements

The recognition of decisions imposing custodial sentences or measures involving deprivation of liberty on the territory of the Czech Republic is subject to the condition that they relate to acts which also constitute offences under the law of the Czech Republic, whatever their constituent elements or however they are described. The Czech Republic declares accepts certificates produced in Czech or translated into Czech. In relation to the Slovak Republic, the Czech Republic will accept certificates produced in Slovak. The Czech Republic as executing state may, without delay after receiving the judgment and the certificate, request that the judgment or essential parts of it be accompanied by a translation into Czech. In relation to the Slovak Republic, the Czech Republic will accept judgments produced in Slovak.

b. Other useful information

The court may stipulate in its decision on recognition and execution of a decision of another Member State, that the time limits for conditional release from execution of an unsuspended sentence of imprisonment or for premature termination of such execution provided for by the law of the other Member State, will be complied with in the territory of the Czech Republic. If such time limits are stricter than the time limits stipulated by the law of the Czech Republic, then in case where a consent is required according to Section 300 (1), the decision on compliance therewith may be made only with a consent of the person, against whom the decision of the other Member State is directed.