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

Accesul la documente publice conţinute în dosare judiciare (404)

1. MEASURE IMPLEMENTATION

Republica Ceha

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

Yes. A request for judicial assistance in criminal matters is essential. The accused, victim and party to an action, their defence counsel and their agents have the right to inspect files, with the exception of the voting record and the personal data of the witnesses in accordance with Section 55 Subsection 2, to make extracts from them and notes, and make copies of files and their parts at own expense. The same right applies to the legal representatives of the accused, victim or the party to an action if they are denied legal capacity or if their legal capacity is restricted. Other people may then do so with the consent of the presiding judge and in criminal proceedings with the consent of the public prosecutor or the police authority only if it is necessary to exercise their rights.

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 (Strasbourg, 1959) • Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 2000)

3. COMPETENT AUTHORITY TO:

Republica Ceha

* receive the request/decision for judicial cooperation

In case there is pre-trial proceeding being conducted in a foreign state, the competence to execute it will pertain to the Regional Public Prosecutor’s Office and otherwise to the Regional Court, in the jurisdiction of which is the requested action of legal assistance to be performed.

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

N/A

4. ACCEPTED LANGUAGES

Republica Ceha

Accepted languages for the request/decision

No reservations to the Article 16 of the European Convention 1959, however CZ applies reciprocity and 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

N/A

Last reviewed on 13 august 2018 by Tools Correspondent

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