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 percheziţia locului unde infracţiunea a fost comisă (602)

1. MEASURE IMPLEMENTATION

Republica Ceha

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

Section 104e Code of Criminal Procedure Check on the Spot (1) The check on the spot shall be carried out if it is necessary to complete or specify the information significant for the criminal proceedings and related to a certain location in the personal presence of the suspect, accused or witness. (2) The provisions on the investigatory experiment shall apply to the procedure on check on the spot appropriately. Section 104c Code of Criminal Procedure Investigatory Experiment (1) The investigatory experiment is carried out if the circumstances ascertained in the criminal proceedings, eventually the new circumstances significant for the criminal proceedings, are to be verified or specified, by observation under artificially created or permutated conditions. (2) It shall not be proceeded to perform the investigatory experiment should it be with respect to the circumstances of the case or the person of the suspect, accused, co-defendant, victim or witness unsuitable or should the purpose of the investigatory experiment be able to be achieved otherwise. (3) At least one person who is not involved in the case must be assumed to the investigatory experiment which is carried out in preliminary proceedings, unless impossibility to ensure his/her presence at the investigatory experiment frustrates its performance. Should it be necessary with respect to the nature of the case and circumstances which have appeared in the criminal proceedings so far, an expert, eventually the suspect, accused or witness shall be assumed to the investigatory experiment. Their presence at the investigatory experiment is regulated by provisions which are applicable to their interrogation. Should a person younger than fifteen years participate in the investigatory experiment, Section 102 shall apply appropriately. (4) The suspect, accused, victim or witness who is entitled to refuse to testify must not be forced to operations relating to the investigatory experiment in any way.

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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