Fiches Belges

The procedure is not currently regulated in the Czech Republic. Everyone who has a thing important for criminal proceedings has an obligation to render it to authorities active in criminal proceeding (a court, a public prosecutor, a police body). These authorities do not issue any order. The obligation to produce documents does not apply to documents which contain information with respect to which producing a testimony is not possible (i.e. classified information or information covered by an obligation of secrecy) unless the person who possesses such document was relieved of the obligation of secrecy. Where there is a need to secure documentary evidence, an EIO can be applied (for states that apply the EIO Directive) or an MLA request.

see above

* receive the request/decision for judicial cooperation The presiding judge and in the pre-trial proceedings, the public prosecutor or the police authority, are entitled to prompt the release. * execute/recognise the measure (if other than the receiving authority) -

EIO – Czech and Slovak. When proceeding according to COE 1959 Convention on Mutual Legal Assistance in Criminal Matters and its additional Protocols, or the EU 2000 Convention on Mutual Legal Assistance in Criminal Matters, translation of requests is not required on the condition of reciprocity.

The EIO – deadline stipulated by the EIO Directive are implemented.

If information and intelligence were obtained via cooperation of police authorities of the EU member states according to the COUNCIL FD 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ: L 386 of 29.12.2006, p. 89), it is possible to use them as evidence before a judicial authority after the approval of the regional prosecutors office locally competent for the police authority that provided the information (see art 1 para 4 of the FD 2006/960/JHA, Art 39 para 2 of the Schengen implementing Treaty and Section 20 of the MLA Act of the Czech Republic).