Fiches Belges

Yes, it is possible. This is an investigative technique performed by undercover Police officers under fake identity that infiltrate, establish and maintain contact with the target group of people. According to Section 158e of the Code of Criminal Procedure, this measure may be employed only in case of investigating certain serious crimes: a) crimes, for which the Criminal Code prescribes a sentence of imprisonment with the upper limit of 8 or more years, b) crimes committed for the benefit of an organized group, b) other specific crimes, 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), accepting bribes (Section 331 of CC), bribery (Section 332 of CC), indirect corruption (Section 333 of CC) c) crimes, prosecution of which is stipulated in international treaties binding the Czech Republic. As concerns "infiltration by an informer of the requested State": No, it is not possible in this sense (in respect of international judicial cooperation). The Police Act no. 273/2008 Coll. defines (in Section 73) an informer as a person providing information to the Police in such a way that this cooperation with Police authorities remains undisclosed to third parties. The informer may receive financial reward for his services and he may be provided with cover identification documents. However, any information provided by an informer may not be used as evidence in criminal proceedings (although it may lead the Police to the initiatation of criminal proceedings). However, an alternative would be to use a Police officer as an agent for the required infiltration task within the framework of covert investigation.

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: Second Additional Protocol of 2001 to the European Convention on Mutual Assistance in Criminal Matters of April 20, 1959. 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 authority, which in this case is the High Public Prosecutor's Office in Prague. * execute/recognise the measure (if other than the receiving authority) The authority competent to authorize this measure is a judge of the High Court, who decides upon a petition of a public prosecutor of the competent High Public Prosecutor's Office in Prague.

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 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 this measure may be applied - see. answer no.1. b. Other useful information Use of an agent is authorized for a specific purpose and for fixed time period, which is determined by the judge based on the merits of the request filed by the public prosecutor. The period may be subsequently extended upon a new request, which evaluates previous activities of the agent and shows the necessity of his further use in the field; the period may be extended also repeatedly.