Fiches Belges: République Tchèque
Livraison surveillée (804) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Yes, it is possible. Controlling a delivery means secret monitoring of consignments, if there is a reasonable suspicion that they contain drugs, psychotropic substances, precursors, poisons, radioactive material, forged money or securities, guns or weapons of mass destruction, amunition and explosives or other things requiring a special licence for their possession, items intended to be used to commit a crime and items derived from a crime. Czech authorities may arrange that such monitored consignments containing the above - referred dangerous items left / entered the territory of the Czech Republic (under the supervision of customs authorities). Czech authorties have the possibility to allow such consingment containing dangerous items to leave the state borders, if its control is resumed by competent foreign authorities.
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2. LEGAL FRAMEWORK |
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.
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3. COMPETENT AUTHORITY TO: |
* 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.
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4. ACCEPTED LANGUAGES |
Accepted languages for the request/decision | No reservations to the Article 16 of the European Convention 1959, however CZ apply reciprocity and bilateral treaties.
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5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | N/A |
6. CONCISE LEGAL PRACTICAL INFORMATION |
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 the requests - international treaties may stipulate other conditions.
| b. Other useful information | N/A |
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