Fiches Belges

Recognition and Execution of Decision imposing Sentences not Associated with Incarceration, Supervision or Adequate Restrictions or Obligations

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions

* receive the request/decision for judicial cooperation 1. Where the Czech republic is the issuing state: The competent authorities are: district courts, regional courts, Prague and Brno Municipal Courts; 2. Where the Czech Republic is the executing state: The competent authorities are: the locally competent district courts. District courts can be contacted directly at the addresses given below; Where the Czech Republic is the executing state, the district court competent for taking decisions connected with a certificate from another Member State, and for the recognition and execution procedure, is the court in whose district the sentenced person resides. If that person is not resident in the Czech Republic, the competent authority is the district court in whose district that person has or last had a fixed residence. If it is not possible to determine the jurisdiction of a court, the competent authority is the District Court for Prague 6; The regional courts decide as regards legal remedies. * execute/recognise the measure (if other than the receiving authority) Please see information above (receiving authority).

Czech, Slovak (in respect to the Slovak Republic)

The sole judge will decide, whether the decision of the other Member State will be recognized and executed, or whether it will not be recognized, without an undue delay, generally within 60 days following the day the decision of the other Member State was received along with the certificate; before making the decision he will request a written opinion of the public prosecutor. The time, for which is this decision being translated, or for which documents necessary for making the decision are being obtained from the other Member State, will not be counted into this time limit. It this time limit cannot be complied with, the sole judge will immediately notify this fact to the competent authority of the other Member State and state the reasons for the delay, including the time of expected duration of such delay.

a. Special requirements The Czech Republic does not apply Article 10(1). Recognition of judgments that impose sentences not involving deprivation of liberty, supervision or appropriate limitations or obligations is subject to the condition that the judgment relates to acts which also constitute an offence under the law of the Czech Republic, whatever its constituent elements or however it is described. Decision of another Member State may be taken over for the purpose of its recognition and execution, if it imposes any of the following restrictions or obligations: a) to inform the competent authority of any change of place of stay or occupation, b) to refrain from visiting certain places, c) prohibition to travel abroad, d) prohibition to perform certain activity, e) restrictions and obligations related to behavior, place of residence, education, free time activities or performing certain occupation, employment or position, f) to report to the competent authority at certain times, g) to refrain from contact with certain persons, h) to refrain from contact with certain objects that were or could be used to commit a criminal offense, i) to compensate the aggrieved person for the damage caused by the criminal offense, j) to perform community service, k) to cooperate with a probation officer or employee of the social services involved in the area of work with convicts, l) to undertake treatment of addiction on addictive substances. b. Other useful information The Ministry of Justice of the Czech Republic will, at the request of the court, cooperate in establishing the required information, in particular in determining the competent authority of another Member State to which a decision should be sent or in confirming the conditions laid down in the law of that Member State for the recognition and enforcement of such a decision.