Fiches Belges

Yes. According to national legislation the criminal proceedings may be taken over from a foreign state if the act for which it is conducted is criminal also under the law of the Czech Republic (full double criminality - the act must be any crime under the criminal law of the Czech Republic and its prosecution must not be time-barred) and if it belongs to the competence of authorities of the Czech Republic. The national legislation applies unless the international treaty which the Czech Republic is bound by states otherwise.

The Czech Republic is a party to the European Convention on the Transfer of Proceedings in Criminal Matters (15/05/1972, Strasbourg). There are provisions on transfer of criminal proceedings also in some bilateral treaties the Czech Republic is bound by. Laying of information in connection with proceedings - Article 21 of the European Convention on Mutual Assistance in Criminal Matters (20/04/1959, Strasbourg).

* receive the request/decision for judicial cooperation A request of a foreign authority for taking over criminal proceedings will be accepted and decided by the Supreme Public Prosecutor’s Office. If the Supreme Public Prosecutor’s Office decides to take over criminal proceedings, it will immediately give an incentive to initiate criminal proceedings to the competent public prosecutor’s office. If an international treaty (e.g. Article 6 par. 1 of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union or bilateral treaty) allows a direct contact of judicial authorities in the course of transfer of criminal proceedings the request of a foreign authority for takeover of criminal proceedings will be accepted and the decision on such request will be made by the public prosecutor who would otherwise be competent to exercise supervision over maintaining of legality in pre-trial proceedings. * execute/recognise the measure (if other than the receiving authority)

The Czech Republic has not made a declaration pursuant to Article 18 par. 2 of the European Convention on the Transfer of Proceedings in Criminal Matters, however it may claim reciprocity. There has not been any declaration made to Article 16 par. 2 of the European Convention on Mutual Assistance in Criminal Matters either and the reciprocity may be claimed as well. As far as bilateral treaties are concerned, it depends on each bilateral treaty, which language regime it provides.

There are no specific deadlines set.

a. Special requirements According to national legislation the criminal proceedings may be taken over from a foreign state, if the act, for which it is conducted, is criminal also under the law of the Czech Republic (full dual criminality) and if it belongs to the competence of authorities of the Czech Republic. The criminal proceedings have to be already pending in the requesting state. In case a reason arises in the course of the proceedings that were taken over, for which it may be assumed that the purpose of criminal proceedings will be achieved better in the foreign state that has transferred the proceeding to the Czech Republic than in the territory of the Czech Republic, the authority that decided to take over the criminal proceedings may return the criminal proceedings to the foreign authority. Other requirements stem from the international treaties. b. Other useful information Following the transfer of the criminal proceedings to the Czech Republic, the pre-trial proceedings are conducted in the Czech Republic from the beginning regardless of the state of the criminal proceedings in the transferring state. However, evidence obtained by foreign authorities in compliance with the law of this state may be used in criminal proceedings that have been taken over in the same way as if it was obtained by an authority of the Czech Republic involved in criminal proceedings. Decision whether to take over criminal proceedings from other State is made on the basis of the following necessary information (even from the EU Member State, or from outside of the EU): - identification of the international treaty applied, - the detailed description of the act, - the legal qualification according to the requesting State, - a list of the relevant evidence, - information on the statute of limitations and on other relevant facts. The grounds to take over the proceedings: - the act, for which the criminal proceedings is conducted in the requesting State, is criminal also under the law of the Czech Republic, - the act, for which the criminal proceedings is conducted in the requesting State, belongs to the competence of authorities of the Czech Republic, - the takeover of the criminal proceedings is effective and justified (It is necessary to consider especially whether • the person, against whom the criminal proceeding is conducted, is located in the territory of the Czech Republic, • the evidence, in particular witnesses, is located in the territory of the Czech Republic, • the Czech Republic is already conducting criminal proceedings for the same act, • transferring of criminal proceedings to the Czech Republic would cause delays, • transferring the case to the Czech Republic would deprive the aggrieved person of the possibility to claim his rights.) The grounds for refusal: - lack of double criminality, - lack of jurisdiction, - age of criminal responsibility, - ne bis in idem principle, - the criminal prosecution is statute-barred, - amnesty, immunity, - lack of effectiveness of the transfer of criminal proceedings.