Fiches Belges

Yes, it is possible. On-site search and verification is conducted if it is necessary to verify information important for criminal proceedings in the presence of the suspect, accused or witness on-site (either crime scene or other location).

Directive 2014/41/EU regarding the European Investigation Order in criminal matters was implemented in the Czech law and the EIO became effective as of 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 (Strasbourg, 1959) with Protocols • Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 2000) with Protocol

* receive the request/decision for judicial cooperation In case there is pre-trial proceeding being conducted in a foreign state, the Supreme Public Prosecutor’s Office will be competent to accept a request of the foreign authority for legal assistance; otherwise the Ministry will be competent. If an international treaty allows for a direct contact between judicial authorities in the course of realization of legal assistance, the competence to receive the request of the foreign authority for legal assistance will pertain to the judicial authority: - in case there is pre-trial proceeding being conducted in a foreign state, the competence to execute it will pertain to the Regional Public Prosecutor’s Office and - otherwise to the Regional Court, in the jurisdiction of which is the requested action of legal assistance to be performed. * 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 and the EU 2000 Convention on Mutual Legal Assistance in Criminal Matters, translation of requests into Czech language in not required on the condition of reciprocity.

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

This procedure follows the same rules as investigative experiment, which is used in cases, where it is necessary to verify facts ascertained in criminal proceedings through an experiment conducted either in artificially created or altered conditions. It is possible to include an expert, suspect, accused person or witness to participate in the experiment, however, the suspect, accused person, injured party or a witness who has the right to refuse their testimony cannot be forced to participate therein.