Fiches Belges

Yes, it is possible. According to Section 82 (3) of the Code of Criminal Procedure, personal search may be performed if there is a reason to believe that the person concerned has on him an item important for criminal proceedings. According to Section 83b of the Code of Criminal Procedure, personal search is ordered by the presiding judge (in trial proceedings) or the public prosecutor / Police authority with a consent of the public prosecutor (in pre-trial proceedings). The search must always be performed by a person of the same sex. The Police authority may perform a personal search even without an order or consent of the presiding judge / public prosecutor only in urgent cases, where the consent cannot be obtained in time, or if the person concerned was caught at the crime scene or arrested on the basis of arrest warrant, or if there is a reason to believe that an arrested or apprehended person or a person that is to be placed into custody has a weapon or another dangerous item in his possession. As concerns "invasive body search": This measure is possible. According to Section 114 of the Code of Criminal Procedure, invasive body search is a detailed body inspection performed either by a doctor or a person of the same sex in order to find traces or after-effects of a crime. For evidence purposes it is also possible to take blood samples of the person concerned (provided that it presents no danger to the person concerned), or samples of biological material. These actions must be performed by a doctor or professional medical personnel. In case taking biological samples is not associated with breach of physical integrity, the samples may be taken also by the person concerned himself or with his consent by authorities involved in criminal proceedings (e.g buccal smear). If the person does not give his consent, the samples will be withdrawn by a doctor or professional medical personnel.

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 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. Bilateral treaties on legal assistance in criminal matters. Requests for legal assistance may also be accepted in the absence of legal framework on the principle of reciprocity.

* receive the request/decision for judicial cooperation In case of standard MLA requests the central authority for receiving requests in pre-trial proceedings is the Supreme Public Prosecutor's Office, and for receiving requests in trial stage of proceedings the Ministry of Justice. The request may also be sent directly to the competent authorities when the Requesting state proceeds according to Second Additional Protocol of 2001 to the COE 1959 Convention on Mutual Legal Assistance or the EU 2000 Convention on Mutual Legal Assistance in Criminal Matters or the EIO Directive - in direct contacts in pre-trial proceedings, the regional prosecutor's offices are competent according to the location of the measure and in direct contacts in trial proceedings the regional court are competent according to the location of the measure. * execute/recognise the measure (if other than the receiving authority) The EIO in pre-trial proceedings is recognised by a prosecutor of the regional prosecutor’s office and the measure is executed by the Police (with assistance of medical personnel where appropriate) upon an order of the presiding judge (in trial proceedings) or public prosecutor (in pre-trial proceedings). In case of MLA request the competent judicial authority will request the Police to perform the action.

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.

Section 47 (2) of the Act on Mutual Legal Assistance in Criminal Matters (MLA Act) requires meeting the condition of dual criminality for executing these types of requests. As concerns invasive body search request a condition of dual criminality does not apply. Anyone is obliged to undergo this type of action, if it is necessary for criminal proceedings, order of a judge/public prosecutor is not necessary. In case the person concerned fails to comply with his obligation to provide biological samples and puts up physical resistance, the Police authority may overcome this resistance. However, for that the Police authority must have a consent of the public prosecutor and they must overcome the resistance in adequate and proportionate manner. The person concerned must be first advised of this possibility and consequences of his failure to comply with instruction of the Police authority.