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

Alte posibilităţi de a obţine informaţii privind taxe sau conturi bancare (403)

1. MEASURE IMPLEMENTATION

Republica Ceha

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

Under Section 8 (2) of the Czech Penal Procedural Code it is possible to ask for banking information (including information from a record of securities) if it is necessary in the course of criminal proceedings for proper clarification of circumstances suggesting that a criminal offence has been committed, or in the court proceedings also for the purpose of considering the defendant's asset relations or of execution of a decision. It is also possible to order a monitoring of a bank account or an account at the Centre for Securities under the same conditions. Section 8 (2): If the criminal proceedings require a proper investigation of the circumstances suggesting that a criminal offence has been committed or to assess the circumstances of the accused during court proceedings or for the enforcement of a decision, the public prosecutor and, after the indictment or a punishment petition, the presiding judge may request information that is subject to banking secrecy and data from the security register. Pursuant to Section 180 of the Penal Code, the law enforcement authority may request individual data obtained under a special Act for statistical purposes during the criminal proceedings. The conditions under which the law enforcement authority may require the data obtained in the administration of taxes are stipulated under a special Act. Data obtained under this provision may not be used for a purpose other than the criminal proceedings for which such data was requested. Section 8 (3): For the reasons as stated in Subsection 2, the presiding judge may, and upon the proposal of the public prosecutor during a preliminary hearing, order the surveillance of the bank accounts or accounts of persons entitled to the records of investment instruments under a special Act for a maximum period of six months. If the reason for which the surveillance of an account was ordered exceeds this time, it may be extended upon the order of a judge from a court of higher instance and, during preliminary hearing, upon the proposal of the public prosecutor of the County Court judge for a further six months, and such prolongation can be performed repeatedly. Information obtained under this provision may not be used for a purpose other than the criminal proceedings for which it was obtained.

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: • Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 2000) amended by the Protocol (Lucembourg, 2001)

3. COMPETENT AUTHORITY TO:

Republica Ceha

* receive the request/decision for judicial cooperation

The request for banking information and information from tax proceedings is made by presiding judge and in preliminary proceeding by public prosecutor. The same authorities can order monitoring of a bank account or an account at the Centre for Securities.

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

N/A

4. ACCEPTED LANGUAGES

Republica Ceha

Accepted languages for the request/decision

Czech, principle of reciprocity, bilateral treaties.

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

N/A

b. Other useful information

Request for the mutual legal assistance in criminal matters is essential. The banking or tax information obtained in a given criminal matter may not be utilised for any other purpose than the criminal proceedings within the framework of which they have been required. Due to rather technical character of this co-operation no participation of agents of the requesting State is anticipated.

Last reviewed on 13 august 2018 by Tools Correspondent

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