Fiches Belges

Yes. This measure is used if it is necessary for clarification of circumstances significant for criminal proceedings to ascertain information on implemented telecommunication operation, which are otherwise subject to the telecommunication secrecy and to which the protection of personal and mediation data applies. This measure enables only tracing of telecommunications and under no circumstances tapping of the content thereof (Section 88a of the Czech Code of Criminal Procedure). This measure is available in cases referred to in Section 88a of Code of Criminal Procedure (CPC), i.e. in case of criminal proceedings concerning: a) criminal cases for which the Criminal Code prescribes a sentence of imprisonment with the upper limit of 3 or more years; b) crimes stipulated in Section 88a (1) of CPC: breach of secrecy of correspondence (Section 182 of Criminal Code), fraud (Section 209 of CC), unauthorized access to Computer systems and information media Section 230 of CC), obtaining and possession of access device and computer system passwords and other such data (Section 231 of CC), dangerous threatening (Section 353 of CC), dangerous pursuit (Section 354 of CC), spreading of alarming news (Section 357 of CC), incitement to criminal offense (Section 364 of CC), approval of criminal offense (Section 365 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 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 the EIO or the 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 - in direct contacts in pre-trial proceedings, the regional prosecutor's offices are competent according to the location of the operator's seat - usually the Municipal Prosecutor's Office in Prague and in direct contacts in trial proceedings the regional court are competent according to the location of the operator's seat - usually the Municipal Court in Prague. * 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) about interception of telecommunications or in trial proceedings the judge recognises and executes the EIO or executes the letter rogatory.

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 tracing 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. info above.