Fiches Belges

Yes, it is possible. Freezing of money on bank accounts is stipulated in Section 79a of the Code of Criminal Procedure. It applies to a specific sum of money on a specific bank account that is reasonably believed to be intended to commit a crime, to have been used to commit a crime or to be derived from a crime (i.e. are proceeds of crime) - in such cases the presiding judge (in trial proceedings) or the public prosecutor or the Police (in pre-trial proceedings) may freeze it - the freezing order applies also to other money that are transferred to the account after the order has been issued (up to the amount stipulated in the freezing order). Section 79b of the Code of Criminal Procedure allows freezing of money on other types of accounts conducted by Credit or Savings Associations or on other accounts, such as retirement fund accounts, loan accounts or financial lease accounts.

Regulation (EU) 2018/1805 on mutual recognition of freezing orders and confiscation orders on the execution in the European Union of orders freezing property or evidence – for states that apply the Regulation. FD 2003/577/JHA on freezing orders – concerning freezing order from 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. Freezing orders issued according to the Regulation (EU) 2018/1805 on mutual recognition of freezing orders and confiscation orders or FD 2003/577/JHA, may be sent directly to the regional courts or in pre-trial proceedings to regional prosecutor’s offices in whose district is the seat of the bank managing the account is located– usually it is the Municipal Prosecutor’s Office in Prague or the Municipal Court in Prague. These prosecutor’s offices or courts are responsible both for receiving and execution of freezing orders. * execute/recognise the measure (if other than the receiving authority) -

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 -