Measure Implementation

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

Yes.

Legal Framework

International legal framework applicable for this measure in your Member State

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

Competent Authority

* receive the request/decision for judicial cooperation

* receive the request/decision for judicial cooperation Regional Public Prosecution Office in jurisdiction of which the requested person was apprehended or has his/her permanent residence or was located. Contact details of respective Regional Public Prosecutor's Offices (Krajské státní zastupitelství) are available in Atlas or at https://verejnazaloba.cz/prehled-statnich-zastupitelstvi/ * execute/recognise the measure (if other than the receiving authority) Regional Court in jurisdiction of which the requested person was apprehended or has his/her permanent residence or was located. Contact details of respective Regional Courts (Krajský soud) are available at https://www.justice.cz/soudy

Accepted languages

Accepted languages for the request/decision

Czech, Slovak (in respect to the Slovak Republic), German (in respect to Austria).

Execution deadline

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

Time limits envisaged by the FD 2002/584/JHA are implemented.

Concise legal practical information

Special requirements

a. Special requirements If the preliminary investigation was initiated without the service of a European Arrest Warrant and the European Arrest Warrant was not served to the competent regional public prosecutor’s office within 20 days after the imposition of preliminary custody, the person must be released from the preliminary custody. The competent authority to receive transit requests, including the necessary documents relating to transit requests, is the Ministry of Justice. Ministry of Justice of the Czech Republic Mezinárodní odbor trestní (International Department for Criminal Matters) Vyšehradská 16, Na Děkance 3 128 10 Praha 2 Tel.: 420 221 997 435938 fax: 420 221 997 986560 E-mail: mot@msp.justice.cz b. Other useful information All grounds for refusal under the FD 2002/584/JHA have been implemented in the Czech implementation law – Act on International Judicial Cooperation in Criminal Matters No. 104/2013 Coll. In relation to the Slovak Republic, no special consent to the prosecution, conviction or detention for the purpose of execution of a sentence or protective measure of a surrendered person for an act committed before his surrender and for which he has not been surrendered shall be required in mutual relations when surrendering persons for prosecution or execution of a sentence on the basis of a European arrest warrant. This does not apply if the surrender concerns the surrender of own nationals or if, in a particular case, the executing judicial authority decides otherwise.

Last reviewed on 19 May 2022 by EJN Secretariat

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