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 ai Statului solicitant pe teritoriul Statului solicitat (202)

1. MEASURE IMPLEMENTATION

Republica Ceha

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

Yes, it is possible. There are no special provisions applicable to this situation, therefore the procedure and statutory conditions are the same as in the case of infiltration by agents of the Czech Police in the territory of the Czech republic upon a request of a foreign state.

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 (in pre-trial proceedings) or the competent court of the first instance handling the case (in trial proceedings).

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

The decision authorizing the use of a foreign state agent is made by a judge of the High Court in Prague upon a petition of a public prosecutor of the High Public Prosecutor's Office in Prague (in pre-trial proceedings). This petition may be filed only on the basis of an MLA request of a foreign state.

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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