Fiches Belges

Room surveillance can be carried out by police authorities in a covert manner by technical means for the sole purpose of establishing facts important for criminal proceedings only on an intentional criminal offence. This operative-search measure cannot be used for any other purpose than for acquiring matters substantial for criminal proceedings. This mean may be used only when the purpose in view may not be reached in other ways or if its reaching would otherwise be considerably more complicated. Rights and liberties of persons may be restricted only in an absolutely necessary extent. Audio, visual and other records acquired by this operative measure may be used as evidence. Since the room surveillance breaches the home privacy, it is necessary to obtain the consent a judge. Monitoring and recording of direct communication between persons (it means not via telecommunication equipment) e.g. in a room or car is possible. In the Criminal Procedure Code of the Czech Republic, it is not characterised as interception but surveillance of persons and things, which interferes with the inviolability of the home, the secrecy of letters or the content of other documents and records kept in private by technical means.

EIO Directive 2014/41/EU; Where the EIO Directive does not apply, the Czech Republic can apply Art. 17 of CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2001).

If direct contacts are possible, MLA request/EIO concerning cross-border room surveillance (i.e. the technical device records not only the movement of the vehicle, but also the conversation inside the vehicle) can be sent only to the Regional Public Prosecutor´s Office in Prague. If direct contacts are possible, MLA request/EIO concerning room surveillance only within the territory of the Czech Republic can be sent to the Regional Public Prosecutor´s Office having the territorial jurisdiction. In case direct contact of judicial authorities is not possible, the request must be sent to the central judicial authority, which is the Supreme Public Prosecutor’s Office. Given that we have not encountered a case where this act would be carried out by another state in trial, we only mention the authorities responsible for pre-trial criminal proceedings.

EIO – Czech and Slovak. Request under the COE 1959 MLA Convention – translation is not required on the condition of reciprocity.

As implied by Art. 12 of the EIO Directive, if applicable.

Room surveillance as a type of surveillance of persons and items (hereinafter referred to as “surveillance”) will be understood as acquiring knowledge on persons and items conducted in a covert manner by technical or other means. If a police authority ascertains that the accused person is communicating with his defence counsel, it is obliged to destroy the record containing this communication and not to use facts learned in this connection in any way. The request must be reasoned by a suspicion of a specific criminal activity and if known, also by data on persons or items that are to be monitored. The authorization will state a time limit, for which will the surveillance be conducted and that cannot exceed six months. The authority that authorized the surveillance may prolong the time limit by a written order issued on the basis of a new written request, always for a time limit not exceeding six months. Without fulfilling the conditions of the approval of a judge, the surveillance may be conducted if the person, whose rights and liberties are to be interfered with, grants his explicit consent therewith. If this consent is post facto withdrawn, the surveillance will be immediately terminated.