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

Percheziţie corporală intimă (302)

1. MEASURE IMPLEMENTATION

Republica Ceha

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

Yes, it is possible. According to Section 114 of the Code of Criminal Procedure, invasive body search is a detailed body inspecition performed wither by a doctor or a person of the same sex in order to find traces or after-effects of a crime. For evidence purposes it is also possible to take blood samples of the person concerned (provided that it presents no danger to the person concerned), or samples of biological material. These actions must be performed by a doctor or professional medical personnel. In case taking biological samples is not associated with breach of physical integrity, the samples may be taken also by the person concerned himself or with his consent by authorities involved in criminal proceedings (e.g buccal smear). If the person does not give his consent, the samples will be withdrawn by a doctor or professional medical personnel.

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.

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

The invasive body search / taking biological samples is carried out by Police authorities (with assistence of medical personnel). In case of MLA request the competent judicial authority will request the Police to perform the action.

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

Condition of dual criminality does not apply in this case.

b. Other useful information

Anyone is obliged to undergo this type of action, if it is necessary for criminal proceedings, order of a judge/public prosecutor is not necessary. In case the person concerned fails to comply with his obligation to provide biological samples and puts up physical resistance, the Police authority may overcome this resistance. However, for that the Police authority must have a consent of the public prosecutor and they must overcome the resistance in adequate and proportionate manner. The person concerned must be first advised of this possibility and consequences of his failure to comply with instruction of the Police authority.

Last reviewed on 13 august 2018 by Tools Correspondent

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