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

Restituire (503)

1. MEASURE IMPLEMENTATION

Republica Ceha

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

Yes, it is possible. The aggrieved person (victim) is entitled to join criminal proceedings with his clam for compensation of damage or restitution of any unjust enruchment acquired by the accused person at his expense. The aggrieved party must submit his motion to join the proceedings with his claim no later than before the evidence proceedings begin.There is also a possibility of preliminary seizure of assets of the accused person up to the amount of the probable damage caused to the aggrieved person in order to secure his claim for damage compensation. Such seized property may ten be used to cover the claim of the aggrieved person in execution proceedings following the court decision in the criminal case.

2. LEGAL FRAMEWORK

Republica Ceha

International legal framework applicable for this measure in your Member State

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 competent court upon a motion of the aggrieved person (in trial proceedings) and the competent public prosecutor upon a motion of the aggrieved person (in pre-trial proceedings). However, in pre-trial proceedings the public prosecutor may act also without the petition of the aggrieved person in case it is required for protection of his lawful interests, in particular if there is a danger of delay.

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 these types of requests.

b. Other useful information

The aggrieved person may infrom the competent authorities involved in criminal proceedings about any property of the accused person (applies to real estate and other assets). On the other hand, the accused person may deposit a financial sum to the accout of the court in the amount corresponding to the probable amount of damage caused to the aggrieved person. Upon making such deposit the court will cancell the seizure. The financial deposit made by the accused person may then be used to cover the claim of the aggrieved person for damage compensation. Any legal action performed in relation to the seized property will be null and void. Also European order for freezing property may may not be used for restitution of assets to the aggrieved person, standard MLA request is necessary.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • © 2017 RJE. Toate drepturile rezervate.