Fiches Belges

Yes. Interception of communication is possible in the extent available to national authorities involved in criminal proceedings pursuant to Section 88 of Code of Criminal Procedure (CPC), i.e. in case of criminal proceedings concerning: a) crimes, for which the Criminal Code prescribes a sentence of imprisonment with the upper limit of 8 or more years, b) crimes stipulated in Section 88a (1) of CPC, related to public tenders, abuse of official powers and economic competition, namely: Machinations in Insolvency Proceedings (Section 226 of Criminal Code), Breach of Regulations on Rules of Economic Competition (Section 248 (1) e, (2) to (4) of CC), Arranging Advantage in Commission of Public Contract, Public Tender and Public Auction (Section 256 of CC), Machinations in Commission of Public Contract and Public Tender (Section 257 of CC), Machinations in Public Auction (Section 258 of CC), Abuse of Power of Public Official (Section 329 of CC), False Accusation (Section 345 (3) to (5) of CC), Perjury (Section 346 (3) to (5) of CC) and False Translation (Section 347 (3) to (5) of CC), c) crimes, prosecution of which is stipulated in international treaties binding the Czech Republic.

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 are not bound by the EIO Directive, 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.

The Regional Public Prosecutor’s Office, in whose jurisdiction the operator is based – usually it is the Municipal Public Prosecutor's Office in Prague.

EIO – Czech and Slovak. No reservations to the Article 16 of the European Convention 1959, however CZ applies reciprocity and bilateral treaties.

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 requests for interception of communications. There is also a minimum threshold of a sentence of imprisonment imposable for the crime in question, plus there is a list of specific crimes, in relation to which interception of communications may be applied - see. answer no.1. The order for interception of telecommunications must be made in writing and substantiated. It must state the period of interception, which cannot be longer than four months. This period may be extended by additional periods of up to four months, even repeatedly, on the basis of an additional EIO.