Fiches Belges

(1) The judicial authority may provide information or evidence from criminal proceedings to a foreign authority without a request for legal assistance, if it believes that it may be utilized in criminal proceedings conducted in the foreign state. Provision of information or evidence must not cause impediments to the purpose of criminal proceedings in the Czech Republic. (2) The judicial authority may set conditions for using the information or evidence in the foreign state. In such a case it will verify at the foreign authority in advance, whether it consents to such conditions. (3) The judicial authority will proceed accordingly to Sub-sections (1) and (2) in relation to reporting an act that does not fall in the scope of the Criminal Code, but could constitute a criminal offence pursuant to the law of the foreign state.

Spontaneous exchange of information within the limits of legal procedures may be executed pursuant to provisions of international treaties that contain such provisions. The Czech Republic co-operates in this area only under an international treaty binding upon the Czech Republic containing a provision on spontaneous exchange of information (i.e. Article 10 of the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, Strasbourg, 8.XI.1990, Art. 7 of the Convention, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union, Art. 21 of the Convention on Mutual Assistance in Criminal Matters, Strasbourg, 20.IV.1959, Art. 11 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, Strasbourg, 8.XI.2001).

* receive the request/decision for judicial cooperation • Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (Strasbourg, 1990): The central authorities under Art. 23 (1) are: - Supreme Public Prosecution Office (pre-trial stage) - Ministry of Justice (judicial proceedings) - Ministry of Finance (other cases) • Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 2000): Courts (during judicial proceedings) and public prosecution offices (during pre-trial stage) and Ministry of Justice. • Convention on Mutual Assistance in Criminal Matters (Strasbourg, 1959) and Second Additional Protocol (Strasbourg, 2001): Courts (during judicial proceedings) and public prosecution offices (during pre-trial stage) and Ministry of Justice. * execute/recognise the measure (if other than the receiving authority)

No reservations have been made to Article 16 of the European Convention 1959, however CZ applies reciprocity and bilateral treaties.

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The judicial authority may set conditions for using the information or evidence in the foreign state. In such a case it will verify at the foreign authority in advance, whether it consents to such conditions.