Fiches Belges

Yes, it is possible. Generally, there are two possibilities: - restitution of the specific item to the legitimate owner (victim) - EU MLA Convention 2000 (Art. 8), Regulation (EU) 2018/1805 as of 19 Dec 2020 (Art. 29) and CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2010) (Art. 12) and also bilateral treaties can be applied - claim for damages - it is a civil claim for damages by the victim, which can be claimed in criminal proceedings. The aggrieved party must submit his motion to join the proceedings with his claim no later than before the evidence proceedings before court begin. There is also a possibility of preliminary seizure of assets of the accused person up to the amount of the probable damage caused to the aggrieved person in order to secure his claim for damage compensation. Such seized property may then be used to cover the claim of the aggrieved person in execution proceedings following the court decision in the criminal case.

As far as the restitution of the specific item to the legitimate owner (victim) - EU MLA Convention 2000 (Art. 8), Regulation (EU) 2018/1805 as of 19 Dec 2020 (Art. 29) and CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2010) (Art. 12) and also bilateral treaties can be applied.

* 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. In the case of the Regulation – one of the regional prosecutor’s offices – in pretrial proceedings, otherwise to the regional courts. * execute/recognise the measure (if other than the receiving authority) The competent court upon a motion of the aggrieved person (in trial proceedings) and the competent public prosecutor upon a motion of the aggrieved person (in pre-trial proceedings). However, in pre-trial proceedings the public prosecutor may act also without the petition of the aggrieved person in case it is required for protection of his lawful interests, in particular if there is a danger of delay.

The Regulation (EU) 2018/1805 – Czech and Slovak. 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 into Czech language.

The Regulation (EU) 2018/1805 – deadline stipulated by the Regulation 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. b. Other useful information Claim for damages - the aggrieved person may inform the competent authorities involved in criminal proceedings about any property of the accused person (applies to real estate and other assets). On the other hand, the accused person may deposit a financial sum to the account of the court in the amount corresponding to the probable amount of damage caused to the aggrieved person. Upon making such deposit the court will cancel the seizure. The financial deposit made by the accused person may then be used to cover the claim of the aggrieved person for damage compensation. Any legal action performed in relation to the seized property will be null and void.