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

Infiltrare de agenţi secreţi ai Statului solicitat (201)

1. MEASURE IMPLEMENTATION

Republica Ceha

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

Yes, it is possible. This is an investigative technique performed by undercover Police officers under fake identity that infiltrate, establish and maintain contact with the target group of people. According to Section 158e of the Code of Criminal Procedure, this measure may be employed only in case of investigating certain serious crimes: a) crimes, for which the Criminal Code prescribes a sentence of imprisonment with the upper limit of 8 or more years, b) crimes committed for the benefit of an organized group, b) other specific crimes, namely: machinations in insolvency proceedings (Section 226 of Criminal Code), breach of regulations on rules of economic competition (Section 248 of CC), arranging advantage in commission of public contract, public tender and public auction (Section 256 of CC), machinations in commission of public contract and Public tender (Section 257 of CC), machinations in public auction (Section 258 of CC), abuse of power of public official (Section 329 of CC), accepting bribes (Section 331 of CC), bribery (Section 332 of CC), indirect corruption (Section 333 of CC) c) crimes, prosecution of which is stipulated in international treaties binding the Czech Republic.

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: Second Additional Protocol of 2001 to the European Convention on Mutual Assistance in Criminal Matters of April 20, 1959. 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 authority, which in this case is the competent High Public Prosecutor's Office.

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

The authority competent to authorize this measure is a judge of the High Court, who decides upon a petition of a public prosecutor of the compentent High Public Prosecutor's Office.

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)

N/A

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 interception 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 this measure may be applied - see. answer no.1.

b. Other useful information

Use of an agent is authorized for a specific purpose and for fixed time period, which is determined by the judge based on the merits of the request filed by the public prosecutor. The period may be subsequently extended upon a new request, which evaluates previous activities of the agent and shows the necessity of his further use in the field.

Last reviewed on 13 august 2018 by Tools Correspondent

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