Fiches Belges

Recognition and Execution of Decisions Imposing Unsuspended Sentence of Imprisonment or Protective Measure Associated with Incarceration

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union

* receive the request/decision for judicial cooperation The competent authority is the Regional Court, in the jurisdiction of which the person, against whom the decision of another Member State is directed, stays, and if such place cannot be identified, the competence will pertain to the Regional Court, in the jurisdiction of which the person has or had his last permanent residence; otherwise the competence will pertain to the Regional Court in Prague. The appeal lodged against decision of the Regional Court is heard by the locally competent High court. * execute/recognise the measure (if other than the receiving authority) Please see the information above (receiving authority).

Czech (SLOVAK in relation with the SLOVAK REPUBLIC)

In proceedings on recognition and execution of a decision of another Member State will the court proceed with dispatch in such a way that it can decide the matter generally within 90 day from the day it received the decision of the other Member State with a certificate. The time the request is being translated or documents necessary for the decision are being obtained from the other Member State, will not be counted into this time limit. If this time limit cannot be complied with, the presiding judge will immediately notify the competent authority of the other Member State thereof and state the reasons for such delay, including its expected duration.

a. Special requirements The recognition of decisions imposing custodial sentences or measures involving deprivation of liberty on the territory of the Czech Republic is subject to the condition that they relate to acts which also constitute offences under the law of the Czech Republic, whatever their constituent elements or however they are described. The Czech Republic declared to accept certificates produced in Czech or translated into Czech. In relation to the Slovak Republic, the Czech Republic will accept certificates produced in Slovak. The Czech Republic as executing state may, without delay after receiving the judgment and the certificate, request that the judgment or essential parts of it be accompanied by a translation into Czech. In relation to the Slovak Republic, the Czech Republic will accept judgments produced in Slovak. b. Other useful information The court may stipulate in its decision on recognition and execution of a decision of another Member State, that the time limits for conditional release from execution of an unsuspended sentence of imprisonment or for premature termination of such execution provided for by the law of the other Member State, will be complied with in the territory of the Czech Republic. If such time limits are stricter than the time limits stipulated by the law of the Czech Republic, then in case where a consent is required according to Section 300 (1), the decision on compliance therewith may be made only with a consent of the person, against whom the decision of the other Member State is directed. Grounds for non-recognition of decisions correspond to those listed in the FD 2008/909/JHA. In respect to countries outside of the EU, the national rules are different and the procedure depends on applicable legal basis. Provided that the Convention on Transfer of Sentence Persons (Strasbourg, 21.3.1983) is applicable, the competent authority to receive the request is the Ministry of Justice of the Czech Republic.