Fiches Belges

European Protection Order provides securing of continuing protection from criminal activity on the basis of a European Protection Order in the territory of a) another Member State, if the protection was granted to a certain person by a protection order issued in criminal proceedings conducted in the Czech Republic, or b) the Czech Republic, if the protection was granted to a certain person by a protection order issued in criminal proceedings conducted in another Member State. Protection order is understood as a decision issued in criminal proceedings by a court and in pre-trial proceedings by a judge or public prosecutor, or a decision issued in criminal proceedings by an authority of another Member State, provided that it was issued for the purpose of protection of a certain person from a criminal offense that may put at risk his life, health, freedom or human dignity, and which at the same time imposes to the suspect, accused or a) prohibition to enter certain places or identified areas, which the protected person visits or where he stays, b) prohibition or restriction of contact with the protected person, including contacts via electronic communications network or by other means, or c) prohibition to get to a certain distance from the protected person than is defined in the protection order.

Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order

* receive the request/decision for judicial cooperation District court in the jurisdiction of which the protected person stays or resides. If this person does not stay or reside in the Czech Republic, the District Court is competent in the jurisdiction of which this person intends to stay or reside. * execute/recognise the measure (if other than the receiving authority) District court in the jurisdiction of which the protected person stays or resides. If this person does not stay or reside in the Czech Republic, the District Court is competent in the jurisdiction of which this person intends to stay or reside. The regional courts decide on remedial measures.

The Czech Republic accepts EPO form issued in Czech or accompanied by a translation into Czech. With regard to the Slovak Republic, the Czech Republic accepts forms issued in Slovak.

A single judge shall decide on recognition or non-recognition of EPO and on the follow-up measures without delay.

a. Special requirements Dual criminality requirement. Grounds for non-recognition of EPO correspond to those listed in the Directive 2011/99/EU. b. Other useful information The Ministry of Justice will provide cooperation upon a request of an authority of another Member State in the course of ascertaining the necessary information concerning the competent authorities of the Czech Republic to which EPO should be addressed or verification of conditions stipulated by the Czech law for recognition of EPO and adoption of follow-up measures.