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Fiches Belges
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: République Tchèque

Gel de comptes bancaires (502)


République Tchèque

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

Yes it is possible. Freezing of money on bank accounts is stipulated in Section 79a of the Code of Criminal Procedure. It applies to a specific sum of money on a specific bank account that is reasonably believed to be intended to commit a crime, to be used to commit a crime or to be derived from a crime (i.e. are proceeds of crime) - in such cases the presiding judge (in trial proceedings) or the public prosecutor or the Police may freeze - the freezing order applies also to other money that are transferred to the account after the order has been issued (up to the amount stipulated in the freezing order). Section 79b of the Code of Criminal Procedure allows freezing of money on other types of accounts conducted by Credit or Savings Associations or on other accounts, such as retirement fund accounts, loan accounts or financial lease accounts.


République Tchèque

International legal framework applicable for this measure in your Member State

Council Framework Decision 2003/577/JHA on the execution in the European Union of orders freezing property or evidence. 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.


République Tchèque

* 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. This applies also in case the requesting state proceeds according to the FD 2003/577/JHA, i.e. freezing orders may be sent directly to the competent judicial authority.

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

Presiding judge (in trial proceedings) or public prosecutor / Police authority (in pre-trial proceedings). The Police may issue the freezing order without a previous consent of the public prosecutor in urgent cases, however, they must submit the decision to the public prosecutor within 48 hours, who will in turn either approve it or repeal it.


République Tchèque

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.


République Tchèque

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



République Tchèque

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, when proceeding on the basis of a freezing order of another member state, there is an exception from the rule of dual criminality - 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 (1) of the freezing order certificate.

b. Other useful information

When proceeding according to a European order for freezing property or evidence, it is possible to proceed according to the formal procedural rules specified by the requesting state in the certificate, unless such procedure is contrary to the fundamental principles of the Czech Republic.

Last reviewed on 6 juillet 2016 by Secrétariat du RJE
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