Fiches Belges: Czech Republic

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

Yes. According to national legislation the criminal proceedings may be taken over from a foreign state if the act for which it is conducted is criminal also under the law of the Czech Republic (dual criminality) and if it belongs to the competence of authorities of the Czech Republic. The national legislation applies unless the international treaty which the Czech Republic is bound by states otherwise or in cases when there is no international legal basis at all.

International legal framework applicable for this measure in your Member State

The Czech Republic is a party to the European Convention on the Transfer of Proceedings in Criminal Matters (15/05/1972, Strasbourg). There are provisions on transfer of criminal proceedings also in some bilateral treaties the Czech Republic is bound by. Laying of information in connection with proceedings - Article 21 of the European Convention on Mutual Assistance in Criminal Matters (20/04/1959, Strasbourg).

* receive the request/decision for judicial cooperation

A request of a foreign authority for taking over criminal proceedings will be decided by the Supreme Public Prosecutor’s Office. If the Supreme Public Prosecutor’s Office decides to take over criminal proceedings, it will immediately give an incentive to initiate criminal proceedings to the competent public prosecutor’s office. If an international treaty allows a direct contact of judicial authorities in the course of transfer of criminal proceedings the decision on the request of a foreign authority for takeover of criminal proceedings will be made by the public prosecutor who would otherwise be competent to exercise supervision over maintaining of legality in pre-trial proceedings. Art. 21 of the European Convetion on Mutual Assistance in Criminal Matters - the information may be transfered to the Ministry of Justice or directly to the competent judicial authority (Article 6 par. 1 of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union).

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

Transfer of the criminal proceedings - the public prosecutor's office which is competent to exercise supervision over maintaining of legality in pre-trial proceedings.

Accepted languages for the request/decision

The Czech Republic has not made a declaration pursuant to Article 18 par. 2 of the European Convention on the Transfer of Proceedings in Criminal Matters, however it may claim reciprocity. There has not been any declaration made to Article 16 par. 2 of the European Convetion on Mutual Assistance in Criminal Matters either and the reciprocity may be claimed as well. If the bilateral treaties are concerned, it depends on each bilateral treaty for which language regime it provides.

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

There are no specific deadlines set.

a. Special requirements

According to national legislation the criminal proceedings may be taken over from a foreign state, if the act, for which it is conducted, is criminal also under the law of the Czech Republic (dual criminality) and if it belongs to the competence of authorities of the Czech Republic. The criminal proceedings have to be already pending in the requesting state. In case a reason arises in the course of proceedings that were taken over for which it may be assumed that the purpose of criminal proceedings will be achieved better in the foreign state that has transferred the proceeding to the Czech Republic, than in the territory of the Czech Republic, the authority that decided to take over the criminal proceedings may return the criminal proceedings to the foreign authority. Other requirements stem from the international treaties.

b. Other useful information

Following the transfer of the criminal proceedings to the Czech Republic, the pre-trial proceedings are conducted in the Czech Republic regardless of the state of the criminal proceedings in the foreign state. However, evidence obtained by foreign authorities in compliance with the law of this state may be used in criminal proceedings that have been taken over in the same way as if it was obtained by an authority of the Czech Republic involved in criminal proceedings.