Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, it is possible. There are no special provisions applicable to this situation, therefore the procedure and statutory conditions are the same as in the case of standard interception and recording of communications, for more details see measure A.50.

Legal Framework

International legal framework applicable for this measure in your Member State

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 (Annex C). 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: Art. 20 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European union of May 29, 2000.

Competent Authority

* receive the request/decision for judicial cooperation

The Regional Public Prosecutor's Office in Prague.

Accepted languages

Accepted languages for the request/decision

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

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

The EIO – deadline stipulated by the EIO Directive are implemented.

Concise legal practical information

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 allowing such 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.

Last reviewed on 30 August 2022 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.52 Tracing of telecommunications and other forms of electronic communications
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