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

Audierea copiilor (705)

1. MEASURE IMPLEMENTATION

Republica Ceha

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

Yes.

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 of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union; European Convention on Mutual Assistance in Criminal Matters 1959 and its Protocols.

3. COMPETENT AUTHORITY TO:

Republica Ceha

* receive the request/decision for judicial cooperation

Regional public prosecutor´s office for pre-trial stage of proceedings and regional court for trial stage of proceedings

* 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 apply 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

According to the Czech Penal Code a child is a person under 18 years old. If a witness who is to be interrogated on the circumstances is a person younger than eighteen years old and, due to their age, the recovery of the memory could adversely affect their mental and moral development, then it is necessary to approach the interrogation and the content with extra care so that it would not be required to repeat the interrogation in further proceedings; a social-legal child protection authority or another person with experience in the education of young people who would contribute to the proper management of the interrogation in terms of the subject matter and the level of the intellectual development of that person is admitted for the interrogation. If it can aid in the correct conduct of the interrogation, their parents may take part as well. Persons who are admitted may propose to defer the action to a later time and, during the performance of such an action, they may also propose its suspension or termination if the performance or continuation of such an action could adversely affect the mental state of the interrogated person. If there is no danger of delay, the law enforcement authority shall grant the petition. A person younger than 18 years may be asked questions only through the law enforcement authority.

b. Other useful information

N/A

Last reviewed on 13 august 2018 by Tools Correspondent

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