Fiches Belges

The expert evidence on the mental condition of an accused or a witness is admitted in case there arose doubts concerning his/her state of mind. The results may be important e.g. for establishing criminal liability (or lack thereof). This measure can be executed for all types of offences. In exceptional cases it can be carried out in also in relation to a witness in case that a witness' testimony is particularly important for a decision and there are serious doubts that his/her ability to perceive and testify is considerably diminished.

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) In direct contacts in pre-trial proceedings, the EIOs are recognised by prosecutors of the regional prosecutor's offices and executed after the decision of judge (Sec. 366 (5) of the MLA Act) The examination is conducted by an expert in the field of psychiatry.

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.

a. Special requirements Section 47 (2) of the Act on Mutual Legal Assistance in Criminal Matters (MLA Act) requires meeting the condition of dual criminality for executing requests for psychiatric medical examination. b. Other useful information The expert opinion on the examined person is based on observation of mental state of the examined person, which should not take longer than two months. However, in complicated cases the examining expert may request extending the period by one more month.