Fichas Belgas
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Execute/recognise measure

Accepted Languages

Execution Deadline

Legal info
Special requirements
Other information

Fiches Belges: República Checa

Localización de telecomunicaciones (102)


República Checa

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

Yes. This measure is used if it is necessary for clarification of circumstances significant for criminal proceedings to ascertain information on implemented telecommunication operation, which are otherwise subject to the telecommunication secrecy and to which the protection of personal and mediation data applies. This measure enables only tracing of telecommunications and under no circumstances tapping of the content thereof (Section 88a of the Czech Code of Criminal Procedure). This measure is available in cases referred to in Section 88a of Code of Criminal Proedure (CPC), i.e. in case of criminal proceedings concerning: a) criminal cases for which the Criminal Code prescribes a sentence of imprisonment with the upper limit of 3 or more years; b) crimes stipulated in Section 88a (1) of CPC: breach of secrecy of correspondence (Section 182 of Criminal Code), fraud (Section 209 of CC), unauthorized access to Computer systems and information media Section 230 of CC), obtaining and possession of access device and computer system passwords and other such data (Section 231 of CC), dangerous threatening (Section 353 of CC), dangerous pursuit (Section 354 of CC), spreading of alarming news (Section 357 of CC), incitement to criminal offense (Section 364 of CC), approval of ciminal offense (Section 365 of CC); c) crimes, prosecution of which is stipulated in international treaties binding the Czech Republic.


República Checa

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: European Convention on Mutual Assistance in Criminal Matters of April 20, 1959 and its first and second Additional Protocol of 1978 and 2001 respectively. Convention on Mutual Assistance in Criminal Matters between the Member States of the European union of May 29, 2000 and its Protocol of 2001. Bilateral treaties on legal assistance in criminal matters. Requests for legal assistance may also be accepted in the absence of legal framework on the principle of reciprocity.


República Checa

* receive the request/decision for judicial cooperation

In case of standard MLA requests the central authority for receiving requests in pre-trial proceedings is the Supreme Public Prosecutor's Office, and for receiving requests in trial stage of proceedings the Ministry of Justice. The request may also be sent directly to the competent authorities when the Requesting state proceeds according to Second Additional Protocol of 2001 to the COE 1959 Convention on Mutual Legal Assistance or the EU 2000 Convention on Mutual Legal Assistance in Criminal Matters.

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

The order to intercept telecommunications is issued by the presiding judge (in trial proceedings) or the judge upon a petition of the public prosecutor (in pre-trial proceedings).


República Checa

Accepted languages for the request/decision

Czech. When proceeding according to COE 1959 Convention on Mutual Legal Assistance in Criminal Matters and its additional Protocols, translation of requests in not required on the condition of reciprocity. When proceeding according to EU 2000 Convention on Mutual Legal Assistance in Criminal Matters, translation of requests is not required on the condition of reciprocity. The language regime of requests may be modified by bilateral treaties between the Czech Republic and the requesting state - i.e. bilateral treaty with Germany amending the COE 1959 Convention.


República Checa

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



República Checa

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 requests for tracing of communications. There is also a minimum treshold of a sentence of imprisonment imposable for the crime in question, plus there is a list of specific crimes, in relation to which interception of communications may be applied - see. answer no.1.

b. Other useful information


Last reviewed on 13 agosto 2018 by Tools Correspondent
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