Fiches Belges: République Tchèque

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

Yes, it is possible. For this type of cross border-tracking conducted without actual presence of foreign authorities in the territory of the Czech Republic apply the same rules as in case of standard cross-border observation - see measure 801.

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 respecively. Convention on Mutual Assistance in Criminal Matters between the Member States of the European union of May 29, 2000 and its Protocol of 2001 - together with Art 40 of the Schengen Implementing Treaty. Bilateral treaties on mutual legal assistance in criminal matters.

* receive the request/decision for judicial cooperation

The Regional Public Prosecutor's Office in Prague.

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

The Regional Public Prosecutor's Office in Prague.

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

The measure can be apllied only for intentiononal crimes - the condition of dual criminality is required. The international treaties can stipulate other liminations (i.e. extradible crimes).

b. Other useful information

N/A