Fiches Belges

Yes, it is possible. In criminal proceedings experts are invited to elaborate expert opinions in case special knowledge is required to establish the circumstances important for the case, which exceeds the level of general knowledge available to authorities involved in criminal proceedings. Experts may be invited to present their opinions either in pre-trial proceedings (to provide expert evaluations), where they are invited either by the Police or the public prosecutor, in trial proceedings (to provide expert evidence), where they are invited by the presiding judge. The experts are selected from a list of accredited experts maintained by the Ministry of Justice or by Regional court, or it can be another person or legal entity that has the required professional knowledge. Expert opinions may also be submitted as evidence by other parties to the proceedings, typically the accused person.

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 or court in trial proceedings. Expert opinions are prepared by experts registered in the Register of Experts of the Czech Republic.

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 Dual criminality is not required in this case. b. Other useful information When selecting the person to be included as an expert/s, one has to consider the reasons because of which the expert might be excluded from giving expert evidence in accordance with a special legal enactment. When requesting expert evidence, the authority involved in the criminal proceedings will consider if the person which has been asked to give expert evidence is not biased with respect to his relationship to the defendant, other persons taking part in the criminal proceedings, or his relation to the case.