Fiches Belges

Yes, it is possible. Sequestration (or freezing / seizure) of assets is a preliminary measure applied in criminal proceedings. This measure may be applied in relation to assets, which are in general important for criminal proceedings (meaning they may be used as evidence, or they were used to commit a crime or were derived from a crime) or which represent an equivalent value for such assets, and as such they may be seized by the authorities involved in criminal proceedings. The seizure may be realized for the purpose of using the assets as evidence or for the purpose of confiscation / forfeiture. The general provisions of Section 78 and 79 of the Code of Criminal Procedure stipulate that authorities involved in criminal proceedings may order anyone to surrender assets important for criminal proceedings and they cannot further transfer such assets or encumber such assets until they are released. Failing to surrender such assets upon the order will result in removing such assets from the possession of the obliged person by the Police.

Regulation (EU) 2018/1805 on mutual recognition of freezing orders and confiscation orders (the Council Framework Decision 2003/577/JHA on the execution in the European Union of orders freezing property or evidence is applied only vis-à-vis IE and DK). 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 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. This applies also in case the requesting state proceeds according to the FD 2003/577/JHA (vis-à-vis IE and DK) and Regulation (EU) 2018/1805 on mutual recognition of freezing orders and confiscation orders, i.e. freezing orders may be sent directly to the regional prosecutor’s office in whose district the property to be seized is situated. * execute/recognise the measure (if other than the receiving authority) The competent authority involved in criminal proceedings - i.e. the court, public prosecutor or the Police.

The Regulation (EU) 2018/1805 – Czech and Slovak. The FD 2003/577/JHA – Czech (freezing orders from IE and DK). When proceeding according to COE 1959 Convention on Mutual Legal Assistance in Criminal Matters and its additional Protocols, translation of requests in not required on the condition of reciprocity. When proceeding according to EU 2000 Convention on Mutual Legal Assistance in Criminal Matters, translation of requests is not required on the condition of reciprocity.

The freezing orders – deadline stipulated by the Regulation (EU) 2018/1805 and in FD 2003/577/JHA on freezing orders 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 these types of requests. However, when proceeding on the basis of a freezing order of another member state, there is an exception from the rule of dual criminality - in case the request concerns an act, for which the law of the requesting state stipulates a sentence of imprisonment with the upper limit of at least 3 years and which consists in conduct marked under Section E), sub-section (3) of the freezing order certificate. b. Other useful information There are several specialized forms of this provisions applicable to various types of assets - general movable assets, real estate, money on bank accounts (see measure 502), incorporeal assets, registered securities, or substitute assets (equivalent value). It is also possible to secure a claim of the aggrieved person by seizing assets of the accused person in the amount corresponding to the probable amount of damage caused to the aggrieved person. When proceeding according to a European order for freezing property or evidence, it is possible to proceed according to the formal procedural rules specified by the requesting state in the certificate, unless such procedure is contrary to the fundamental principles of the Czech Republic.