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 victimelor / reclamanţilor (707)

1. MEASURE IMPLEMENTATION

Republica Ceha

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

Yes, a victim of crime has several additional rights. For details see point 6.

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; Directive on victims of crime 2012/29/EU.

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

Questions leading to an intimate area of the interviewed victim can only be asked if it is essential for clarification of facts vital to criminal proceedings. These questions must be asked with abundant caution, and in terms of content in an exhaustive manner, so that it would not be necessary to repeat the interview; it is necessary to adjust their formulation, while maintaining necessary consideration to the age, personal experience and mental state of the victim.The victim has the right at any time to object to the direction of the question. The objection is recorded in the report. The interviewing authority shall decide on the justification of the objection.The victim can request to be interviewed in pre-trial proceedings by a person of the same or opposite gender. A request from an especially vulnerable victim must always be granted if important reasons do not prevent this. Reasons leading to refusal of the request are listed in the action report. An especially vulnerable victim can also request, if it is necessary to interpret his testimony, selection of an interpreter of the same or opposite gender. The authority involved in criminal proceedings shall grant the request, unless it cannot delay performance of the action or ascertain an interpreter of the requested gender.It is necessary to interview an especially vulnerable victim in criminal proceedings in an especially sensitive manner, and with regard to the specific circumstances making the person especially vulnerable.If possible, a person with the relevant training should conduct the interview of especially vulnerable victims in pre-trial proceedings. If the victim is a child, a person with the relevant training shall always conduct the interview with the exception of cases when the action cannot be delayed and it is not possible to find a trained person.The interview of an especially vulnerable victim is performed so that it need not be repeated later. In the case of another interview before the same authority, the one performing the interview is generally the same person, if important reasons do not prevent this.) If an especially vulnerable victim does not wish to have immediate visual contact with a person suspected of committing a crime or with a person against whom criminal proceedings are being conducted, if not prevented by serious reasons, necessary measures are applied in order to prevent such visual contact, especially audiovisual technology is applied if technically possible. It is meanwhile necessary to ensure that the right to a defense is not violated.The victim has the right for a fiduciary to accompany him to actions of criminal proceedings and to submittal of an explanation.

b. Other useful information

N/A

Last reviewed on 13 august 2018 by Tools Correspondent

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