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

Măsuri provizorii în vederea confiscării (504)

1. MEASURE IMPLEMENTATION

Republica Ceha

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

Yes, it is possible. In addition to assets of the accused person that may be seized for the duration of criminal proceedings (see measure 501 - 503), it is also possible to preliminarily seize property of the accused person, which may be reasonably expected to be confiscated by the court decision (i.e. in criminal proceedings conducted on a crime, for which the Criminal Code allows the imposition of a sentence of confiscation, where such verdict may be reasonably expected). The court will always impose seizure of assets of the accused person, if it imposef confiscation of property, but the judgment has not yet come to full force and effect.

2. LEGAL FRAMEWORK

Republica Ceha

International legal framework applicable for this measure in your Member State

Council Framework Decision 2003/577/JHA on the execution in the European Union of orders freezing property or evidence. 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. This applies also in case the requesting state proceeds according to the FD 2003/577/JHA, i.e. freezing orders may be sent directly to the competent judicial authority.

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

The competent court (in trial proceedings) and the competent public prosecutor (in pre-trial proceedings).

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. However, when proceeding on the basis of a freezing order of another member state, there is an exception from the rule of dual criminality - in case the request concerns an act, for which the law of the requesting state stipulates a sentence of imprisonment with the upper limit of at least 3 years and which consists in conduct marked under Section i), sub-section (1) of the freezing order certificate.

b. Other useful information

In case the requesting state sent the competent court a decision on confiscation and/or the certificate , but the assets to be confiscated are not seized, the competent authority of the requesting state will be asked to request seizure of the property or to issue an order to seize such property - i.e. the interim measure will not be performed automatically, in must be instigated by the requesting authority.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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