Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Republica Ceha

Observarea (105)

1. MEASURE IMPLEMENTATION

Republica Ceha

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

Yes, it is possible. According to Section 158d of the Code of Criminal Procedure, observation of persons and items is carried out by Police authorities in a covert manner by technical means for the sole purpose of establishing facts important for criminal proceedings. A written consent of a public prosecutor is necessary in case any recordings (audio-visual or other) are to be made in the process. If the observation should breach the home privacy, secrecy of mail or other documents and records kept in private, it is necessary to obtain the consent a judge. Based on art. 17 of II. Additional Protocol of 2001 to 1959 MLA Convention, foreign authorities may also cross the borders of the Czech Republic while performing observation of person or items based on an MLA request, or in urgent cases even without such request (the request must be sent subsequently).

2. LEGAL FRAMEWORK

Republica Ceha

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.

3. COMPETENT AUTHORITY TO:

Republica Ceha

* 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. In case the observation concerns a mail consignment or in case of observation of persons conducted by foreign authorities (continuing to pursue the person across the Czech state border), the competent authority (in case of direct contact of judicial authorities) is Regional Public Prosecutor's Office in Prague.

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

The technical part of the observation is performed by Police authorities. Consent of a public prosecutor is necessary in order to make any recordings of the observation. In case the observation should breach the home privacy, secrecy of mail or other documents and records kept in private, it is necessary to obtain the consent a judge.

4. ACCEPTED LANGUAGES

Republica Ceha

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.

5. EXECUTION DEADLINE

Republica Ceha

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

In case foreign authorities cross the borders of the Czech Republic while performing observation of person or items in an urgent manner without a previous consent given on the basis MLA request, they have 5 hours to obtain the consent.

6. CONCISE LEGAL PRACTICAL INFORMATION

Republica Ceha

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 observation of persons or items. The request must show a sufficient suspicion of a specific criminal activity and information about the persons or items to be observed (if available).

b. Other useful information

The authorization of observation will be issued for a fixed time period of no more than six months (can be extended by another six months, even repeatedly, on the basis of a new request). The authorization is not necessary, if the person concerned gives his consent (however, withdrawing the consent at any time will result in imediate termination of the observation). Also, any communication of the accused person with his defense counsel is exempt from observation - no recordings will be made any if they were made, they will be immediately destroyed. Also foreign authorities conducting observation of persons or items may cross the Czech state borders and continue the observation with a consent of Czech judicial authorities (MLA request), or in urgent cases even without such request - but they must immediately notify the Police Presidium of the Czech Republic and if they do not obtain the consent within 5 hours after crossing the border, they must terminate all activities.

Last reviewed on 13 august 2018 by Tools Correspondent

See Related Measures


Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • © 2017 RJE. Toate drepturile rezervate.