Fiches Belges

Yes, it is possible. Identification of persons on the general level lies within the competence of Police authorities according to Section 63 of the Police Act, Police authorities may control the identity of persons in a broad variety of various cases referred to in the Police Act. Within the framework of criminal proceeding, identity of persons involved in proceedings is mandatorily verified - e.g. witnesses, suspects/accused persons etc. On judicial level, there are also specialized provisions of the Code of Criminal Procedure regulating identification of persons. These include identification by recognition - so called police line-up (Section 104b of Code of Criminal Procedure) and bodily examination (taking biological samples) for DNA analysis (Section 114 of Code of Criminal Procedure).

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 by Police authorities.

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.

Dual criminality is not required in this case.