Authorities involved in criminal proceedings proceed in the execution of requests of foreign authorities for legal assistance according to the law of the Czech Republic; provisions of law of a foreign state may be used only if the foreign authority requests it. A list of questions to be asked must always be submitted with the request for a hearing. If the foreign authority requests it, witnesses and experts may be heard under oath. The oath for witnesses reads: "I swear on my honor to tell the truth, the whole truth and nothing but the truth and to withhold nothing"". The oath for experts reads: ""I swear on my honor to give my expert opinion according to my best knowledge and conscience."" If the foreign authority requests it, the witness or expert testimony may be obtained with their consent in the form of a sworn affirmation. Unless the foreign authority requests another procedure, the judicial authority will attach a clause to such sworn affirmation, certifying that it is a testimony of a witness or expert. Before submitting such sworn affirmation, the person must be advised on the possibility to refuse the testimony in this form. In such a case the authority will question the witness or expert, if it is sufficient for the foreign authority. It is also possible to request the presence of a police or judicial authority or other persons involved in the criminal proceedings (e.g. a defence lawyer). Their supplementary questions can only be asked through the Czech authorities. Questions that are contrary to the Criminal Procedure Code of the Czech Republic (suggestive or misleading questions) are inadmissible.
Hearing children:
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.
Hearing victims/plaintiffs:
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 defence is not violated. The victim has the right for a confidant to accompany him to actions of criminal proceedings and to submittal of an explanation.
Hearing suspects/persons accused:
It is necessary to specify questions that shall be asked.