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

Vizită şi percheziţie de domiciliu (601)

1. MEASURE IMPLEMENTATION

Republica Ceha

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

Section 82 Code of Criminal Procedure Search of Premises and Persons, Search of other Spaces and Lands, Entry to Dwellings, other Spaces and Lands (1) The home search can be carried out should there be a reasonable suspicion that there is a thing or a person important for criminal proceedings in the fiat or other residential premises or in premises belonging to them (dwelling). (2) Even a search of premises which are not instrumental for living (other premises), and lands which are not publicly accessible, can be carried out for reasons mentioned in sub-section 1. (3) A personal search can be carried out should there be a reasonable suspicion that somebody has a thing important for criminal proceedings about. (4) The personal search of a person who has been detained and who has been arrested or taken into custody can be carried out also in case that there is a suspicion that he/she has a gun or another thing, with which he/she could threaten his/her health of life or health or life of somebody else, about. Section 83 Code of Criminal Procedure Search Warrant (1) The presiding judge and in preliminary proceedings the judge on the proposal from public prosecutor are authorized to order the home search. In urgent cases it can be issued by a presiding judge or a judge in whose district the home search shall be carried out, instead of the respective presiding judge or judge (Section 18). The search warrant must be issued in writing and must be rationalized. It shall be delivered to the person at whose dwelling the search is being carried out at the home search, and, if it is not possible, within 24 hours after the obstruction restraining delivery disappears. (2) The police authority shall carry out the home search on the basis of the order of a presiding judge or a judge. ______________________ Legal assistance may be provided to a foreign authority only in relation to an act, which would be criminal also under the law of the Czech Republic.

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

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 Supreme Public Prosecutor’s Office will be competent to accept a request of the foreign authority for legal assistance; otherwise the Ministry will be competent. If an international treaty allows for a direct contact between judicial authorities in the course of realization of legal assistance, the competence to receive the request of the foreign authority for legal assistance will pertain to the judicial authority: - 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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