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

Observare transfrontalieră (801)

1. MEASURE IMPLEMENTATION

Republica Ceha

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

Yes, it is possible. The purpose of this measure is to allow foreign police authorities conducting observation of persons and items to cross the borders of the Czech Republic on the basis of an authorization grantend by the competent judicial authority of the Czech Republic upon a request for mutual legal assistance. The purpose of this measure is to gather evidence for criminal proceedings. In urgent cases it is possible to proceed without such authorization, but the foreign authorities must inform Czech Police Presidium immediately after crossing the state border and request for legal assistance must be sent without undue delay. The observation must be terminated immediately after the competent Czech authorities request its termination, or in case the authorization is not granted within 5 hours after crossing the state border.

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 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 - together with Art 40 of the Schengen Implementing Treaty. Bilateral treaties on mutual legal assistance in criminal matters.

3. COMPETENT AUTHORITY TO:

Republica Ceha

* receive the request/decision for judicial cooperation

The Regional Public Prosecutor's Office in Prague

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

The Regional Public Prosecutor's Office in Prague.

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

The measure can be apllied only for intentiononal crimes - the condition of dual criminality is required. The international treaties can stipulate other liminations (i.e. extradible crimes).

b. Other useful information

N/A

Last reviewed on 13 august 2018 by Tools Correspondent

Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • © 2017 RJE. Toate drepturile rezervate.