For International Judicial Cooperation In Criminal Matters

Original Language Title: o mezinárodní justiční spolupráci ve věcech trestních

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=79866&nr=104~2F2013~20Sb.&ft=txt

104/Sb.



LAW



of 20 December. March 2013



for international judicial cooperation in criminal matters



Change: 77/2015 Sb.



Change: 86/2015 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



INTRODUCTORY PROVISIONS



§ 1



The subject of the edit



This Act regulates the procedures of judicial, Central and other authorities in

the area of international judicial cooperation in criminal matters (hereinafter referred to as

"international judicial cooperation") and the position of certain bodies

active in this area and incorporates the relevant provisions of the European

Union ^ 1).



§ 2



Definition of terms



For the purposes of this Act, means the



and) judicial authority the Court or the public prosecutor's Office,



(b)), the central authority of the Ministry of Justice (hereinafter referred to as

"the Ministry") and the Supreme State Prosecutor's Office,



(c) the foreign judicial authority) or other authority of a foreign State that is a

According to the international treaty or law of the foreign State has jurisdiction to

international judicial cooperation,



d) international agreement known for an international treaty to which

ratified by the Parliament is bound by the Czech Republic,

as well as the international treaty between the European Union and one or more

foreign States in the official journal of the European Union, which

the conclusion of the credit agreement of the European Parliament and which is Czech Republic

bound,



e) applications for international judicial cooperation as well as another incentive to

international judicial cooperation,



(f) the guarantee of reciprocity)



1. the assurance of the Minister of Justice, that will be granted similar requests

foreign State, filed under similar circumstances,



2. the assurance of the competent foreign authority that would be granted similar

the application of the Czech Republic submitted in similar circumstances, or



3. statement by the Minister of Justice of reciprocity on the part of foreign

State.



§ 3



(1) unless otherwise provided by this Act or is it some problem

modified, the provisions of the criminal procedure code.



(2) pursuant to this Act shall, unless otherwise provided by an international agreement

otherwise.



§ 4



The guarantee of reciprocity



(1) if there is no international judicial cooperation between the Czech Republic and

foreign State governed by an international agreement, the judicial authority

the request of a foreign authority of the only international judicial cooperation

If the foreign State shall provide the assurance of reciprocity, the Minister of

Justice shall take, or if the foreign State has previously received assurances of

reciprocity on the part of the United States in a similar case. Request

the assurance of reciprocity from a foreign State shall ensure the Ministry.



(2) if the foreign State conditional on compliance with the request for international judicial

the assurance of reciprocity, cooperation shall provide the Minister of Justice

After considering all the facts; in preliminary proceedings does

on the proposal of the Supreme State Prosecutor's Office.



(3) the assurance of reciprocity the Minister of Justice to adopt or

only after the agreement with the Ministry of Foreign Affairs, and in

the case that such assurance refers to the species as well as international judicial

cooperation, for which it is the central body of the highest State

the Prosecutor's Office, also in agreement with the Supreme Public Prosecutor's Office.



(4) the Minister of Justice may grant consent to the service of documents

the addressees in the Czech Republic by non-resident institutions directly through

postal service only if the foreign authority shall ensure

reciprocity, in agreement with the Ministry of Foreign Affairs and

The Supreme Public Prosecutor's Office. On the basis of such consent shall issue

the Minister of justice a declaration of reciprocity, in which shall be entered

the scope of the authorization and the conditions under which it is granted, in particular, that the

to be served must not contain a threat by forcing them.



(5) If, in a similar case previously accepted a guarantee of reciprocity

by the foreign State and if there are doubts about its compliance with, is not

additional guarantees of reciprocity needed.



(6) For the procedures referred to in the fifth, paragraphs 1 to 5 shall,

unless otherwise provided by this Act.



§ 5



Protection of the interests of the Czech Republic



(1) international judicial co-operation cannot be cizozemskému authority

provide, where this would be contrary to the constitutional order of the Czech

Republic or with such a principle of legal order of the Czech Republic, the

that must be without reservation.



(2) the international judicial co-operation may not be granted if the

may cause damage to another significant protected the interests of the United

Republic; It does not apply to procedures provided for in part five.



§ 6



The provision of information



(1) for the provision of information to the judicial authorities, the central or other

the procedures in the context of international judicial cooperation shall apply mutatis mutandis

the provisions of § 8a to 8 d code of criminal procedure.



(2) the authority of the United States be granted without express permission

a foreign authority with information obtained in the context of international judicial

cooperation, if it agrees to an international agreement, or

If they have been obtained under the condition of compliance with this limitation.



§ 7



Speciality



(1) the authority of the United States does not use without express permission

a foreign authority with information or evidence obtained in the framework of the international

judicial cooperation for purposes other than those for which it was provided,

If it agrees to an international treaty, or if they have been

obtained subject to compliance with this limitation. This also applies to their

the provision of a third State or an international organization.



(2) the use of information or evidence provided to a foreign State for a different

purpose than that for which it was provided, explicit consent is needed

judicial or central authority, which is capped. This fact

must be a foreign authority when they provide is notified.



§ 8



Forms of contact with foreign authorities



(1) the judicial authorities meet with foreign authorities through

the central authorities; directly can socialize, permitted by the international

agreement or this Act.



(2) the central authorities meet with foreign authorities through diplomatic

along the way; Another way they can socialize, permitted by the international

agreement or this Act.



(3) come into contact with foreign authorities takes place usually in writing in

the documentary form.



(4) if the judicial authority or the central authority requests the international

judicial cooperation in the foreign State telephone, fax, electronically,

through the international police cooperation, in person or by any other

in a way, then, always send the original of the application in the cizozemskému authority

paper, if the foreign authority specifically indicated that sending

the original application in paper form is not required.



(5) if the matter clearly does not tolerate delay, and if there are doubts as to the

the reliability of the application, the judicial authority or the central authority may initiate

the implementation of the Act of the international judicial cooperation on the basis of the request

of a foreign authority, made by telephone, fax, electronically,

through the international police cooperation, the representative of the

a foreign body, or in any other way. You always get from a foreign authority

requesting additional original delivery of the application on paper in it

the prescribed time limit.



(6) through the international police cooperation can the judicial

or the central authorities with foreign authorities also exchange information

related with the processing of requests for international judicial cooperation,

including information about the time and other details of the transfer, transposition and

the transit of persons and goods.



§ 9



(1) the judicial authority carries out acts of international judicial cooperation or

ensures their implementation without undue delay. If they are for the purposes of

their implementation requires additional information, it shall immediately so requests

foreign authority or take other appropriate measures for their findings.



(2) the evidence, as well as other information bearing upon request

a foreign authority for international judicial cooperation can be passed

cizozemskému authority to deliver the original of the request, unless the

circumstances of the case require their immediate transfer.



(3) the authorities of the United States, whose decisions may have an impact on the length of the

binding under this Act shall do so with the greatest by accelerating; on

the fact that their decisions can have an impact on the length of custody under the

This Act is the Ministry or judicial authority.



(4) the judicial authorities and the Ministry in its activities under this Act

the extent of the information obtained through the service

the system of basic registers and to the extent necessary using reference

the information included in the population register, in the principal registry

legal persons, natural persons-entrepreneurs and public authorities and the

in the basic registry territorial identification, addresses and real estate held

According to the law on basic registers. Ministry of the Interior provides in

electronic form in a manner allowing remote access to the judicial

authorities and the Ministry for the purposes of the procedure under this Act

data on the inhabitants of the information system of the population register kept by the

under the law on population register,



and) the name or name, last name, or change them, native

last name,



(b)), the date and place of birth,




(c) the social security number), if it has been allocated, the



(d) the address of the place of residence),



e) country of citizenship,



f) the name or name, surname and address of the place of residence

the child, the parents or other legal representative, siblings, and

spouse or partner if they are alive at the time of submission.



(5) the provisions of other legislation on the provision of data from the

information system of population register maintained under the Act on the registration of

inhabitants of the judicial authorities of the provisions of paragraph 4 are not affected.



(6) the transfer of personal data to a foreign State in accordance with this Act shall

does not require a permit Office for personal data protection under the law on

protection of personal data.



§ 10



Repossession and surrender of persons and things



(1) the person handed down in the context of international judicial cooperation into the United

States from a foreign country takes over from a foreign authority, the police of the Czech

States and passes it a device for carrying protective measures or

the closest the remand prison, unless this Act provides otherwise. About

the location of this person in such a facility or prison, the prison shall inform the

or device without delay by the competent court and the Prosecutor, who

performed in a prison or a device's supervision, and where the person is placed in the

prison or device at the stage of preparatory proceedings under the criminal

the order, also the public prosecutor, who shall exercise the supervision of adherence to

legality in preparatory proceedings. In connection with the takeover of this person

take over the foreign authority also matters pertaining to that person and

things, including documents related to the Act of international judicial

cooperation, for which a person is passed, if possible; otherwise, the

procedure referred to in paragraph 3.



(2) a person to a foreign State to pass, takes on the police of the Czech Republic

from prison, or facilities for the performance of the protective measures and passes it to the

cizozemskému authority. In connection with the passing of this person passes the Police

The United States cizozemskému body and things belonging to that person and

things, including documents related to the Act of international judicial

cooperation, for which the person is being surrendered.



(3) the police the United States passes the cizozemskému authority or

takes the thing associated with the Act of international judicial cooperation,

If it is not possible or appropriate to send through the operator

postal services or transmit in any other way. Police of the Czech Republic

Similarly, ensure the transit of things through the territory of the United States, including its

takeover and handover of the cizozemskému authority.



(4) in order to be removed from the foreign State or otherwise passed by

the legal system of that State of the person to whom the Court has issued an order to

the detention warrant or order for delivery to the enforcement of the sentence or

in respect of which the court actions have been taken towards its delivery to the

the performance of the protection measure involving deprivation of freedom, and foreign

the State is willing to pass the person in the United States, without ruling on the

issued, it shall, on assuming such persons mutatis mutandis under section

83 para. 1 the first sentence, and the third, or the police of the Czech Republic

the authorities of the foreign State of which such person in the territory of the Czech Republic

transmit, to pay the costs associated with its passing. For these purposes may

judicial or central authority to provide the necessary authority cizozemskému

information, including personal information and translations of documents.



(5) a person who pursuant to this Act passes the cizozemskému authority

or from a foreign authority takes over, may not be for the purposes

crossing the national border equipped with a travel document.



§ 11



The cost of the international judicial cooperation



(1) the costs incurred by the authorities of the Czech Republic in the implementation of operations

international judicial cooperation bears the Czech Republic.



(2) If an international agreement allows for reimbursement of the costs referred to in

paragraph 1 or part of a foreign State, or if it is in their mutual

relations between the Czech Republic and a foreign State in the framework of the international

judicial cooperation, common, shall submit to the judicial authority of the Ministry of

the quantification of these costs and the reasons for them, as well as other necessary

information in order to exercise their remuneration for a foreign State. The Ministry of the

based on the quantification of the foreign State shall request the reimbursement of the costs incurred, with

except in cases where the application of the reimbursement be deemed inexpedient or

unsuitable for other reasons.



(3) the costs incurred by a foreign State on the basis of the request of the judicial authority of

international judicial cooperation, the payment of the foreign State in the

accordance with the international agreement or without such an international agreement,

If it is in the mutual relations between the Czech Republic and a foreign State in the

framework of international judicial cooperation, the Czech Republic will pay the usual.

Costs incurred by a foreign State, the transit of a person or his

the territory of another State to the Czech Republic on the request of the judicial

the authority claimed that this State is requested, shall pay the Czech Republic. Payment of the

the cost makes the Ministry.



(4) the provisions of paragraphs 1 to 3 shall not affect the permission request

reimbursement of the costs after the condemned; in this case, when you manage a payment

costs of the process according to the tax code.



§ 12



Translations



(1) the judicial authority shall provide a translation of the request for international judicial

cooperation and its annexes in a foreign language.



(2) a translation of the decision or other document sent from a foreign State, on the

the request of the authority of the United States for international judicial

cooperation into the Czech language authority shall ensure that it needs to

your progress in criminal proceedings.



(3) if the authority does not receive United States request of a foreign authority, of the

international judicial cooperation and its annexes in English or with

translation into the Czech language, the translation requests from a foreign State.

If you cannot request it, will ensure the translation of the body that it needs to

their action under this Act.



section 13 of the



Authentication of documents



(1) unless otherwise provided in an international treaty or if it is not guaranteed to be

reciprocity, the judicial authority will take the necessary higher or other verification

a request for international judicial cooperation and its annexes.



(2) unless otherwise provided in an international treaty or if it is not guaranteed to be

reciprocity, and the request of the foreign State for international judicial cooperation and

its annexes do not bear higher or other verification, the central authority of

It is a foreign State returns to complement such verification.



(3) if the foreign State Requires a fee for verification, it shall be reimbursed by the Central

authority.



(4) for the procedures referred to in the fifth, paragraphs 1 to 3, of course.



§ 14



Necessary defense



(1) the Advocate must always have a person



and) against whom a procedure for the issue of the foreign State,



b) against whom a procedure for surrender pursuant to the provisions of part five of the head

(II) to transfer to the International Court or authority referred to in § 145 paragraph.

1 (b). b) or c)



c) against whom a procedure on the extension issue,



d) against whom a procedure to extend the transmission, or



(e)) in order to comment on whether any rights on the application of the principle

specialties in management after the release of the foreign State or after the transfer in accordance with

the provisions of title II of part five.



(2) the Advocate must always have also a person against whom proceedings for recognition results

and enforcement of foreign decisions, decisions of another Member State

The European Union (hereinafter referred to as "Member State"), or the decisions of the international

of the authority referred to in § 145 paragraph. 1 (b). b) or c)



and it was stored) which imprisonment or protective

measures involving deprivation of liberty,



(b)) is in custody, the performance of unconditional imprisonment or

the protection measure involving deprivation of freedom,



(c)) if it is deprived of the capacity to perform legal acts, or if its

competence to perform legal acts is limited,



d) in the case of a young person, or



e) if the Court considers it necessary in particular because, due to the physical

or mental defects of this person has doubts about her competence

adequately to defend.



PART TWO



PROTECTION OF INFORMATION, SOME OF THE BODIES ACTIVE IN THE FIELD OF INTERNATIONAL

JUDICIAL COOPERATION AND THE SCHENGEN INFORMATION SYSTEM



TITLE I OF THE



PROTECTION OF INFORMATION



Part 1



Protection of personal data



§ 15



The provisions of this part shall not apply to transfers of personal data to

The European Police Office, the European unit for judicial

the cooperation established by the legislation of the European Union ^ 2) (hereinafter referred to as

"Eurojust") or through the information system set up

Member States which, on the basis of the Schengen provisions involved in the

the Schengen cooperation, and the associated States (hereinafter referred to as "the Schengen

information system "). The provisions of § 16, 17, § 18 para. 1 and 2 and § 19 is

do not apply to the transfer of personal data on the basis of international agreements.



section 16 of the



Protection of personal data transmitted from the United States



(1) if required by the nature of the personal data to be passed to the

another Member State or of the State of the associated international treaty to

the implementation of the Schengen rules (hereinafter referred to as an "associated State"), and if the


feasible, it is necessary to connect to the available information to enable

This State to assess their accuracy.



(2) if the authority of the United States, which handed over personal information to the

another Member State or an associated State, that passed personal information

are inaccurate or have been transmitted in accordance with this Act or the

the law on the protection of personal data, it shall notify the competent

authority of the State to which such data.



(3) if it considers it necessary in terms of protection of personal data, can

authority of the United States, together with the passing of personal data to another

a Member State or an associated State may require to ensure compliance with

time limits for the storage of personal data laid down the laws of the United

of the Republic.



(4) because of the threat to the fulfilment of the purpose of criminal proceedings, the protection of life

or the health of people or other serious reasons, the authority of the United

States, together with the passing of personal data to another Member State

or in an associated State may request the authority of this State, to the person to whom the

These data relate, was its transmission or other processing

informed only with the prior consent of the authority of the Czech Republic.



(5) the request of the competent authority of another Member State or in an associated

State of the consent to use of personal data, which have been passed from the United

Republic, for any purpose other than that for which they were transmitted, it assesses the

judicial or central authority in the United States, that these personal data

enlist. Approval shall be granted if such use may also be made by

the legal order of the Czech Republic; This is without prejudice to the provisions of § 7 para.

2 and § 20.



(6) to grant consent to the further transmission of personal data to a State which

is a Member State or an associated State or international

the authority, which is not a body of the European Union, the competent judicial or

the central authority of the United States, that such data capped.



§ 17



Protection of personal data forwarded to the Czech Republic



(1) Reduce the authority of another Member State or an associated State, in

transfer of personal data to the United States for their preservation or

asked about compliance with other restrictions set out its legal order in

relation to such personal data, such a restriction is necessary to meet

except in cases where personal data are further needed

for the purposes of criminal proceedings, for the execution of a sentence or a preventive measure

or other statutory purposes referred to in paragraph 3.



(2) where the authority of another Member State or an associated State, in

transfer of personal data to the authority of the Czech Republic, to the person to whom the

These data relate, not its transmission or other processing

informed, you can inform this person only with the prior consent of the

authority of that State.



(3) personal information submitted to the authority of another Member State, or

the associated State can be for any purpose other than that for which it was provided,

used only in the case of use for the purposes of



and prevention, search) the detection and prosecution of crime

of criminal offences or for the execution of a sentence or a preventive measure,



(b)) the judicial or administrative proceedings, to the prevention, search,

crime detection and prosecution of criminal offences, or the power of

punishment or protective measures directly related,



(c) the prevention or elimination of imminent) and a serious threat to

public safety, or



(d) the national statistical services) for the purposes of scientific and historical purposes.



(4) unless one of the cases referred to in paragraph 3, personal

information submitted to the authority of another Member State or an associated State

use for any purpose other than that for which they were transmitted, only with the consent of

of that authority or person to whom the data relate. If personal data are

provided outside of the framework of criminal proceedings to another entity than the institution

a public authority or an organizational folder State, and his personal data transmitted

authority of another Member State or an associated State to provide

only if the



and) the competent authority of another Member State or associated State with

such a provision has given consent,



(b) such provision does not preclude the other) the special rights of the person to whom the personal

data subject, provided for by the laws of the United States and



(c)) such is necessary for the purposes referred to in paragraph 3 (b).

and) or (c)), for the fulfilment of the legal obligations or to prevent serious

violation of the rights of individuals.



(5) the competent authority of the Czech Republic shall instruct the body to which it provides

the personal data referred to in paragraph 4, for the purpose for which the information may be provided by the

personal information is used. If it considers it necessary for the purposes of the protection of

of personal data, the competent authority may at any time ask the Czech Republic

This body of information, how the personal information

He used.



section 18



Further transfers of personal data



(1) the personal data have been transmitted to the authority of the United Kingdom authority

another Member State or an associated State can also pass to the

another State which is a Member State or an associated State, or

an international body, which is not a body of the European Union, only under the

the conditions that



and) are forwarded for the purpose of the prevention, detection, search

crime and the prosecution of criminal offences, or for imprisonment or

protective measures and



(b)) state that personal data transmitted to the Czech Republic has granted consent to

their further transmission; such consent shall not be required, if the next

pass the necessary for the prevention or elimination of the immediate and

a serious threat to public security or essential interests of a Member

State or an associated State, or for the prevention or removal

an imminent and serious threat to public security of another State

and consent cannot be obtained in a timely manner.



(2) on further transfers of personal data without the consent of the State referred to in paragraph 1

(a). (b)), this State without undue delay inform.



(3) if the personal details that have been passed to the authority of the United States

authority of another Member State or an associated State, then passed to the

another State which is a Member State or an associated State, or

an international body, which is not a body of the European Union, on the basis of

the international treaty, it shall request the competent authority of the Czech Republic

the opinion of the State that such information is transmitted to the Czech Republic to

their next pass, unless there are reasons referred to in paragraph 1

(a). (b)).



(4) the request for consent to another Member State or

the associated State with further transmission of personal data referred to in paragraph 1

or in a request for its opinion referred to in paragraph 3 shall be adopted

the competent authority of that State a reasonable time in which to submit their

observations, and warns that if the observations within the prescribed period

does, it will be considered that further transfers of personal data granted the

consent.



§ 19



Regression claims



(1) the Ministry shall pay, at the request of a Member State or associated

the State, which, in accordance with this title passed to inaccurate personal

information, or personal data is transmitted in violation of this or other

by law, the amount by which that Member State has paid in accordance

with its legal order, as compensation, to the extent that they have been

damage caused by the procedure of the authorities of the Czech Republic.



(2) in the event that the request of another Member State or an associated State

does not contain the necessary information, the Ministry will invite the competent authority of the

the State for its replenishment and set a reasonable term to do. In doing so,

It always notifies you of the consequences of non-compliance of this challenge. Does not comply with the

the competent authority of another Member State or an associated State, this

the invitation within the time limit, without said substantial grounds for so

could not make, rejects the request.



(3) the Ministry may request another Member State or associated

State that the United States gave inaccurate personal information, or

that personal data transmitted in violation of its legal order, payment

the amount paid as compensation pursuant to the Act on the liability of the

for damage caused in the performance of public authority by a decision or incorrect

official procedure in so far as the damage caused by

the procedure of that State.



(4) the claim for payment of the compensation paid in the form of the request applies

to the competent authority of another Member State or an associated State in

accordance with the laws and requirements of that State.



Part 2



Consent to the use of information



section 20



(1) the information collected in the framework of cooperation between the police authorities of another

a Member State or an associated State may be used as evidence in

criminal proceedings on the basis of the consent of the competent authority of the

State. To request such consent shall be entitled to a public prosecutor and after

indictment by the Court; in doing so, it shall proceed mutatis mutandis in accordance with the provisions of section

the third title I, part 1. Request consent is not necessary if the competent

authority of that State has granted consent at the time of the submission of information,


or, if under the law of that State is not such consent

should be.



(2) to use the information provided in the framework of cooperation between the police

authorities in another Member State or an associated State as evidence in

criminal proceedings requires the consent of the judicial authority. For the granting of

the consent is valid, mutatis mutandis, the provisions of part III, title I, part 2. To

consent to the competent District Court, and if it is in a foreign State

guided by the preliminary proceedings, the regional public prosecutor's Office in whose district the

the seat of the police authority had procured.



(3) the consent referred to in paragraph 2 cannot be granted if the



and) use of such information as evidence in criminal proceedings would be in

The Czech Republic eliminated, or



(b)) there is using such information as evidence were frustrated

criminal proceedings in the Czech Republic or would have been severely compromised other

an important interest.



(4) information obtained or provided in the context of the cooperation between the administrative

the Czech authorities and the authorities of a foreign State can be used as evidence in

criminal proceedings only under the conditions laid down by the international treaty.

In accordance with paragraphs 1 to 3 shall proceed mutatis mutandis in the case of information

obtained or provided in the context of cooperation between the administrative authorities of the

The United States and the authorities of a foreign State, if such a procedure

the international treaty.



TITLE II



THE REPRESENTATION OF THE UNITED STATES AT EUROJUST



section 21



National Member



(1) the Czech Republic shall be represented in the Eurojust national member of Eurojust (

"national Member"). The national Member is temporarily assigned to Eurojust.



(2) the national Member shall be appointed by agreement with the Executive on the proposal of the Supreme

the Minister of Justice of the State Prosecutor of the Prosecutor

allocated to the performance of the Supreme Public Prosecutor's Office, who

their professional and linguistic knowledge and experience give a warranty

the proper performance of the feature, and at the suggestion of the Attorney General to

recalls.



(3) the length of a national Member's term of Office is four years, into a function, it can be

create and reuse. If he was elected President of the national Member or

Vice President of Eurojust and the remainder of his term of Office

the national Member is shorter than the time to which he was elected, the

the term national Member would end at the same time with the end

the performance of the President or the Vice-President of Eurojust.



(4) an appeal to the national member of his functions before the end of the stated

term of Office and about the reasons for the Minister of Justice in advance

shall inform the Council of the European Union.



section 22



Representative and Assistant to the national Member



(1) To carry out the duties and exercise the powers of the national member participates in

Representative and, where appropriate, Assistant to the national member.



(2) the Deputy National Member shall carry out its tasks and shall exercise its powers

at the time of his absence, otherwise is entitled to act on behalf of the national

Member in the scope of the authorization granted by it. Deputy National Member

called with the consent of the Attorney General on a proposal from the Minister for

Justice from among the prosecutors assigned to the performance of functions to

The Supreme Public Prosecutor's Office, who with their professional and linguistic

knowledge and experience give guarantees the proper administration of this function, and

the Attorney General's proposal it refers. The length of the term of Office

Deputy National Member is 4 years old, into a function, it can be created and

repeatedly. Deputy National Member is temporarily assigned to Eurojust.



(3) the Assistant to the national member it can represent at the time of his

absence or act on his behalf only in the case that he is a

Representative, or by the judge, and on the basis of a mandate issued to the national

a member of the. Assistant to the national Member shall appoint with the approval of the proposal

a national Member, the Minister of Justice, from among the judges or staff

the Court, prosecutors or other employees of the State

the Prosecutor's Office, or the employees of the Ministry, who with their professional and

language skills and experience give this performance guarantees

function, and on a proposal from the national member it refers. The length of the term of Office

Assistant to the national Member is 4 years old, into a function, it can be created and

repeatedly.



Article 23 of the



Other auxiliary persons



On the performance of the tasks a national Member may, on the basis of an issued by

credentials to participate in the national experts seconded to Eurojust or workers

Of Eurojust.



section 24



Liaison Representative of the Eurojust



Judge or the Prosecutor may be with their consent and the consent of the

the Minister of Justice sent by the College of Eurojust to another than

Member State to pursue, he served as liaison Representative to Eurojust.

The Minister of Justice grants consent to his secondment to the proposal

national Member; If it is to be posted, the national Member shall do so on the proposal

of the Attorney General. Secondment to the national Member, his representative

or Assistant as liaison Representative to Eurojust shall cease the function of the national

Member, his Deputy or Assistant.



§ 25



National correspondent



(1) the national correspondent provides the information needed by the national Member

for the performance of its activities in Eurojust and exchange with relevant

knowledge in the field, for which he was appointed.



(2) the national correspondent for Eurojust, national correspondent for the

terrorism and, where appropriate, for other areas of his name with their consent and the

proposal for a national Member



and the Minister of Justice) from the ranks of judges or staff of the Ministry,



(b)), from among the Attorney prosecutors,



(c)) the police President from among the members of the police of the Czech Republic.



(3) a person who shall be appointed by the national correspondent referred to in paragraph 2, to the

the proposal also refers to the national member.



section 26



The joint supervisory body of Eurojust



Judge to the list of judges who may sit on the joint supervisory

authority Eurojust as members or ad hoc judges shall appoint its

the agreement on the proposal of the President of the Supreme Court, the Minister of Justice of the

judges of the Supreme Court and to the proposal by the President of the Supreme Court to

recalls. The length of his term of Office is 3 years, into a function, it can be

create and reuse.



section 27 of the



Eurojust national coordination system



(1) Eurojust national coordination system is in the territory of the Czech Republic

made up of



and national correspondents),



(b) up to 3 persons), which are the focal points of the European judicial network ^ 3)

and with their consent that were intended for members of the national coordinating

of Eurojust national correspondent for the European judicial network,



(c)) by persons who are members or contact points network created for

the purpose of the judicial cooperation in criminal matters between the Member States.



(2) the Eurojust national coordination system makes it easier to carry out the tasks

Of Eurojust in the Czech Republic, in particular by



and) ensures the proper and timely provision of information to Eurojust,



(b)) helps in determining the cases falling within the competence of Eurojust,

or cases in which it has to provide the authorities with the European judicial network

law enforcement the necessary cooperation,



(c)) provides assistance in establishing national member bodies

responsible for dealing with requests for international judicial cooperation,



d) cooperates with the national unit of the European Police Office.



(3) for the proper functioning of the Eurojust national coordination system in

The Czech Republic corresponds to the national correspondent for Eurojust.



(4) a person referred to in paragraph 1 (b). a) and b), and the persons referred to in

paragraph 1 (b). (c)) can have access to the electronic registry files

Eurojust ^ 4).



section 28



(1) cooperation between Eurojust and the Czech Republic is carried out

through the national member. In urgent cases, the national

to contact a member via a permanent service of Eurojust ^ 5).



(2) the authorities responsible for criminal proceedings and the national Member shall meet each other

directly.



(3) if it is necessary for the purposes of criminal proceedings, ensuring coordination

mutual information and cooperation with other States or with the European

the Union, the public prosecutor or the Court may apply through the national

a member of Eurojust to provide necessary cooperation.



(4) if so requested by the national Member for the purposes of carrying out its tasks the institutions operating in the

criminal proceedings concerning synergies, it shall without undue delay;

Likewise, the national Member shall provide the necessary assistance to those authorities for

the purpose of criminal proceedings.



(5) information provided by the National Member may, law enforcement authorities,

control to pass to the other national members or foreign authorities, if

It's necessary for the performance of their tasks.



section 29



The powers of the national Member



(1) the national Member for the purposes of performance of the tasks of Eurojust in the authorized



and to inspect the file of a) for the purposes of criminal proceedings,



(b)) may request the release of a copy of the criminal record,



c) to extract data from the central register of prosecuted people by

the law on the public prosecutor's Office,



(d)) to obtain the information processed in police files compiled by

the Act on the police of the Czech Republic,



e) receive data from the register of persons in the performance of security detention,

detention and imprisonment under the law on the prison service-led

the service and of the judicial guard of the Czech Republic,



(f)) to obtain the information from the registers kept by the courts and public affairs


Prosecutor's offices for the purposes of criminal proceedings,



g) in the context of international judicial cooperation to the Member States and

to third countries which have concluded a cooperation agreement with Eurojust, and

receive from these States to the request and the decision, where appropriate, other

related documents



h) to coordinate the processing of requests for international judicial cooperation,



I) apply to the Court and, in preliminary proceedings the State Prosecutor for information on

the status of the processing of requests for international judicial cooperation, ask them for

removal of delay and provide for a time limit for the execution of the public prosecutor

such a request,



j) to participate in a joint investigation team.



(2) in urgent cases the national Member for the purposes of the international

judicial cooperation on the basis of and within the written mandate of the State

the representative of executing supervision of adherence to legality in preliminary

control or the presiding judge in the proceedings before the court process or add

application for legal aid. The credentials must to the extent necessary for processing

or complete the request for legal aid include the elements listed in section

paragraph 41. 1.



(3) the Ministry of the Interior provides the national Member for the purposes of the

tasks of Eurojust



and from the population register) reference information on the bodies of data,



(b)) of the agendového information system of population register data on

inhabitants,



(c)) from the registry of social security numbers on the natural persons who have been

assigned a social security number, but not referred to in subparagraph (b)).



(4) the information referred to in paragraph 3 shall provide the national member in

same extent as the public prosecutor's Office according to the law on the State

the Prosecutor's Office. If it is technically possible, provide the following information in

electronic form in a manner allowing remote access.



section 30



Exchange of information with the national Member



(1) the authorities responsible for criminal proceedings shall provide the national member without

undue delay, the information necessary for the performance of the tasks of Eurojust;

provision of such information shall be considered a request for cooperation

Eurojust, only if law enforcement authority expressly

stated. This information can be passed to other national members or

foreign authorities, if this is necessary for the performance of their tasks.



(2) the Court and, in preliminary proceedings, the Prosecutor shall inform the national

Member, in particular on cases, which directly affect at least 3 Member

States and at least 2 Member States were sent to the application for international

judicial cooperation, and



and) it is a deed, which can save an unconditional prison sentence

freedom with the upper bounds of the criminal rates of at least 5 years or trade

measures involving deprivation of liberty, and that is a

from these discussions:



1. trafficking in human beings,



2. the sexual exploitation of children and child pornography,



3. illicit traffic in narcotic drugs and psychotropic substances,



4. illicit trafficking in weapons, munitions and explosives,



5. corruption,



6. fraud that affects the interests of the European communities within the meaning of

Convention of 26 July 1995. July 1995 on the protection of the financial interests of the European

the community,



7. the counterfeiting of the euro,



8. legalization of proceeds of crime,



9. attack against an information system,



(b)), the findings suggest that the deed was committed

an organized criminal group, or



(c)) may have a significant cross-border dimension or impact on the level of the European

of the Union or likely to affect other Member States.



(3) the Court and, in preliminary proceedings, the Prosecutor also shall inform the national

in particular, the Member of the



and the creation of a joint investigation team) and the results of its activities,



(b)) where they are against the same person on the same deed in parallel

criminal proceedings in the Czech Republic and in one or more other Member

States, or they can be legitimately believe that such is the case,



c) controlled deliveries affecting at least three States, of which

at least two are Member States, and (d)) of repeated refusals or

difficulty in dealing with requests for international judicial cooperation.



(4) the national Member shall not provide Information if this has

threats to essential national security interests or the safety of

persons.



(5) national member without undue delay inform the competent authority

in criminal proceedings about the result of processing of the information provided by him and

It shall inform the relevant cases at Eurojust

recorded.



section 31



Cooperation with Eurojust



(1) if the competent authority has been active in criminal proceedings requested by Eurojust on

the initiation of criminal proceedings in a particular case, the takeover of the criminal proceedings or

criminal complaint from another Member State or its transmission to the

another Member State, coordinating their procedure with the competent authorities

another Member State, the creation of a joint investigation team or the

provision of the information necessary for the performance of its tasks, with

the case where Eurojust shall exercise its authority through the College

Eurojust shall execute such request without undue delay. If the request is not

Eurojust is justified, it shall invite the authority in criminal proceedings to

setting the Tween reasons. If he refuses the request, stating the reasons for

such a procedure, except in cases where their disclosure would jeopardize the

the essential national security interests or the safety of persons.



(2) if it is a case where Eurojust shall exercise its power

via the national Member, and shall require the authority in criminal proceedings

the acts referred to in paragraph 1 or on the implementation of the Act in criminal proceedings,

the procedure is similar in accordance with paragraph 1.



(3) if the cases referred to in § 30 paragraph 2. 3 (b). (b)), or (d)) to resolve

by agreement, the Member States concerned or through their national

Members, national member on the basis of the notification of the public prosecutor or the Court of

or even without such notification shall ask the College of Eurojust for an opinion,

that forwarded to the Prosecutor or the Court. If you do not agree

the public prosecutor or the Court with the opinion of the College of Eurojust, without

undue delay, inform the national Member, indicating the reasons

such a disagreement; the reasons is not applicable in cases where the

their disclosure would compromise the essential national security interests, or

the safety of persons.



§ 32



Protection of personal data



(1) the authority in criminal proceedings or national correspondent, that

forward personal information to Eurojust, Eurojust shall request their repair or

delete, if it finds that the personal data transmitted are inaccurate.



(2) the person whose personal data are processed by Eurojust, the

through the Prosecutor's request, free of charge

Eurojust is about information regarding the processing of their personal data. If it finds this

person or believes that personal data processed are inaccurate with

for the purpose of processing or are processed in breach of the legal

the EU regulation ^ 2), may, by means of the Supreme State

the Prosecutor's Office to demand that Eurojust remedy status

in particular, the blocking of personal data, their correction, addition or

liquidation.



(3) the Supreme Public Prosecutor's Office of the application referred to in paragraph 2

shall forward Eurojust.



(4) if the person referred to in paragraph 2, the way up

the request may, within 30 days of receipt of the decision on such a request,

refer the matter to the joint supervisory body of Eurojust review ^ 2).



(5) the right to compensation for damage caused to the person whose claims by Eurojust

data are processed by Eurojust, in the State in which its

registered office.



§ 33



Claim



(1) the Ministry shall pay, at the request of Eurojust by the desired amount,

that Eurojust has paid as compensation, to the extent that they

damage was caused by the exercise of the powers of the national Member

referred to in section 29.



(2) in the event that the application does not contain the necessary information to Eurojust shall

the Ministry for its replenishment and set a reasonable term to do.

In doing so, it shall draw attention to the consequences of non-compliance of this challenge. Does not comply with the

Eurojust this invitation in due time, without substantial reasons stated,

for those that could not make, rejects the request.



TITLE III



THE EUROPEAN JUDICIAL NETWORK



§ 34



(1) the tasks deriving from the participation of the Czech Republic into the European judicial

^ 3) network of contact points and technical correspondent for the European

judicial network. Authorities active in criminal proceedings and the Ministry are to them

shall within their competences provide assistance for this purpose.



(2) persons who are the focal points of the European judicial network shall be appointed by

with their consent and dismissed by the Minister of Justice, from among the judges,

Government agents or employees of the Ministry, taking into account the

their professional and linguistic knowledge and experience. For State

representatives do so on the suggestion of the Attorney General.



(3) the persons who are the focal points, the Minister of Justice shall appoint a

with his consent and dismissed by the national correspondent for the European

judicial network.



TITLE IV



THE LIAISON MAGISTRATES AND LIAISON PROSECUTORS



§ 35



(1) the Minister of Justice appoints and revokes their consent, the liaison


the judge or Prosecutor in common in order to facilitate international judicial

cooperation between the Czech Republic and a foreign State, taking into account the

their professional and linguistic knowledge and experience. For State

representatives do so on the suggestion of the Attorney General.



(2) the authorities responsible for criminal proceedings and the Ministry are required to be within the

its powers to provide the liaison judges or State liaison

representatives of the synergies for the purposes of the performance of this function.



TITLE V OF THE



THE SCHENGEN INFORMATION SYSTEM



section 36



(1) law enforcement Authorities may, for the purpose of criminal proceedings

through the police of the Czech Republic to extract data from the Schengen

the information system.



(2) national Member, his agent and his assistant shall, through the

Eurojust's access to records issued in the Schengen information

the system of



and) people wanted for arrest for extradition or surrender,



b) missing persons,



(c)), which is seeking for the purpose of service of the document in the

criminal proceedings or in connection with requests for legal assistance,



(d)) matters in order to ensure the search, forfeiture or

prevents.



(3) If the data are collected by the national Member, his representative or

his assistant recorded in the Schengen information system,

the national Member shall inform without delay the State of this fact,

which issued the alert.



(4) national Member, his agent and his assistant are in the context of its

activities authorized to collect data referred to in paragraph 2 and to dispose of the

them to the extent necessary to carry out its tasks; such data may not

use for any purpose other than for which it was collected. To another State,

than the Member State which, on the basis of the Schengen provisions involved in the

the Schengen cooperation or an associated State, you can pass this information

only with the consent of the State which record in the Schengen information

the system.



§ 37



The record for arrest and extradition or surrender



(1) an alert issued in the Schengen information system for the purpose of

the arrest and extradition or surrender of the person that includes the elements listed

in the form of the European arrest warrant ^ 6), for the purposes of a pass-through

the management of the same effects as the European arrest warrant; the acquisition of such

at the same time record be replaced by sending the original of the European arrest

order State in which is located the person whose surrender is.



(2) an alert issued in the Schengen information system for the purpose of

the arrest and extradition or surrender of the person for the purpose of vydávacího is replaced by the

in relation to the Member States which, on the basis of the Schengen

taking part in the Schengen cooperation, legislation and associated States sending

the request for the imposition of temporary custody.



(3) If a reported in the Schengen information system for the purpose of

the arrest and extradition or surrender of the person, it is considered that they are aware of

sufficient information referred to in § 92 para. 3.



(4) the Supreme Public Prosecutor's Office may, for the purpose of assigning designations

prohibiting the detention of a person to record issued by the Schengen

information system for the purpose of arrest for extradition or surrender of the person

define the note for guidance on the Police Presidium of the Czech Republic cases

of the same species, for which the extradition or surrender of the person on the basis of

the European arrest warrant is excluded because of legal obstacles.



(5) the provisions of paragraphs 1 and 4 shall apply mutatis mutandis to the forward control

pursuant to title II of part five part 4.



§ 38



Record in order to search for a person



If it is for the purpose of service of the document to the person in criminal proceedings in a foreign

State or in connection with requests for legal assistance to be in search of a place

residence in a Member State on the basis of the Schengen

taking part in the Schengen cooperation, legislation or an associated State, request the

the Court and, in preliminary proceedings, the State representative of the police of the Czech Republic

an alert in the Schengen information system for these purposes.



PART THREE



THE DIFFERENT FORMS OF INTERNATIONAL JUDICIAL COOPERATION



TITLE I OF THE



LEGAL AID



Part 1



Require legal assistance in a foreign State



§ 39



Request legal assistance in a foreign State may be after the commencement of operations of the criminal

the proceedings and for the purposes of this proceeding.



section 40



(1) the Request for legal aid in a foreign State is possible only on the basis of the

the Prosecutor's request and after the indictment on the basis of the request

the Court. This shall not preclude the Prosecutor has taken on its own initiative

legal aid even after the filing of the indictment, if it is a measure of proof that

He needs to represent the prosecution in proceedings before the Court. Request for legal

the Prosecutor shall submit to the Supreme Public Prosecutor's Office, the Court

the Ministry.



(2) the central authority shall examine the application for legal aid, in particular with regard to the

conditions and requirements arising from this Act or the international

the contract and the requirements arising from the existing mutual contact and

send it to a foreign State, if it does not return, together with the reasons therefor, for

that could not be sent to the foreign State. In connection with the

an examination of the request for legal assistance, the central authority may ask

the judicial authority of the necessary corrections and additions. The opinion of the Central

authority for the judicial authority is binding.



(3) the judicial authority may request legal assistance and any other

cizozemskému authority of the documents sent directly only if the

an international agreement to avoid direct contact of the judicial authorities when carrying out the

legal aid.



§ 41



Application for legal aid



(1) an application for legal aid shall include in particular



the judicial authority), that of the legal aid applied for and the date

the drafting of the application,



(b)) the data on the person against whom criminal proceedings,



(c) a description of the deed), his legal qualifications with the literal wording of the provisions of the

the criminal code and other legislation, where appropriate,



(d) a precise description of the Act) of legal aid, of which is sought, including

the requirements on the way of its implementation, and the justification of the needs of its

implementation.



(2) the application shall be accompanied the documents and things that are needed to

to conduct the operation of legal aid.



(3) at the request of a foreign authority, the judicial authority of the supplementary

information and the addition of the necessary for the execution of the request.



§ 42



Usability of evidence



(1) the judicial authority may request that a foreign body in the implementation

the legal aid Act has applied the provisions of the legal order of the Czech Republic in

the extent to which the legal system of another country.



(2) evidence obtained at the request of the judicial authority foreign body

can be used in criminal proceedings in the Czech Republic, where they have been

obtained in accordance with the laws of the foreign State concerned, or

accordance with the laws of the United States.



(3) subject to the conditions referred to in paragraph 2 may be in criminal proceedings in

The Czech Republic used evidence provided by the foreign authority without

application for legal aid.



§ 43



Service of documents



(1) the judicial authority delivers the document to the addressee in criminal proceedings in

a foreign State on the basis of an application for legal aid.



(2) service of a document in the criminal proceedings at the request of the judicial authority

foreign body is effective, if it was carried out in accordance with the legal

the order of the foreign State concerned, or in accordance with the laws of the United

of the Republic.



(3) If an international agreement or this Act, the judicial

authority to deliver the document to the addressee in criminal proceedings in a foreign State

directly through the postal service.



(4) unless the regulations of a foreign State on whose territory it is necessary

deliver the document, the judicial authority may transmit the addressee

the territory of that State directly by postal

services. At the request of the judicial authority: the central authority that verifies the delivery

does not preclude the legislation of a foreign State on whose territory it is to be delivered, and

the way in which such a delivery in a foreign State is carried out.



(5) to be served must not contain a threat by forcing them.



§ 44



Summoning people from a foreign country



(1) if in criminal proceedings in the Czech Republic the necessary

the presence of the person who is staying in a foreign State shall be forwarded to her judicial

authority summons procedure under this part. The presence of this person in the

The Czech Republic cannot be enforced by the threat of the use of coercive means

or penalties.



(2) a person who comes from a foreign State on the territory of the Czech Republic

pursuant to a subpoena, shall not be prosecuted or limited to personal

liberty for a crime that she committed prior to the entry into the territory of the United

of the Republic. The prosecution limitation of personal freedom or summoned person

However, it is permissible in such a case



and for an offence) for which it was summoned as accused,



(b)) If after leaving the territory of the Czech Republic volunteered to return back,

or is in the territory of the United States conveyed from the foreign State legal

in a way,



(c)) if he resides in the territory of the Czech Republic after the expiry of 15 days from the

the date on which its presence is no longer needed, although you could leave,

or




(d) if the Act), to whose implementation has been summoned, did not appear,

unless prevented her reasons independent of her will.



(3) the summons of a person from a foreign country must also contain guidance on the

the factors referred to in paragraph 2.



(4) if it is to be a stranger, shall inform the judicial authority at least 30

days before the date on which it is to be summoned, the Directorate for aliens

the police about the period during which his presence is required in the Czech Republic

for the purposes of criminal proceedings, and asks them to check whether there is adverse

a person under the Act on residence of aliens in the territory of the United States, and in

If it is included in the register of undesirable persons, about his temporary

disposal on this time. In the event that the alien was in the register

undesirable persons included on the basis of a final sentence

of removal, shall inform the judicial authority of the President of the Senate of the Court responsible for

his performance for the time that is necessary the presence of foreigners in

The Czech Republic, and a request for suspension of execution of a removal order on

This period of time.



(5) a summons an alien who is subject to the visa obligation, from a foreign State

It must also contain guidance on the procedure for the submission of visa applications

and the terms of any such request. At least 30 days before the date on which it is

be an alien summoned, it shall inform the judicial authority Directorate

the foreign police and Embassy of the competent to grant a visa

předvolanému strangers about his summons, and about the time that it takes for its

the presence in the Czech Republic the necessary, and asks them about the necessary

synergy.



§ 45



The competent authority in criminal proceedings can issue a decision on action

referred to in section 47 code of criminal procedure and fourth sections of the fourth head up

the seventh criminal procedure code, even if that Act is to be performed outside the territory of the

The United States and its implementation cannot be achieved without this decision.



§ 46



If the judicial authority of the requesting foreign authority to perform the Act of legal aid

and the foreign authority considers the costs associated with the implementation of the required

the purpose of the unfair act or for other reasons, on the basis of

the request of the judicial authority shall agree with the authority, the Ministry of foreign

how these costs will be reimbursed, or other appropriate action.



Part 2



The provision of legal assistance to foreign authorities



§ 47



(1) legal aid can be granted only to the authority of the cizozemskému, if the

foreign State criminal proceedings and for the purposes of this proceeding.



(2) legal aid consisting in the



and the implementation of actions in accordance with title) fourth fourth and fifth sections

the criminal procedure code,



(b) ensure the enforcement of the sentence) confiscation of property under Chapter twenty-first

the fifth section of the code of criminal procedure,



(c) the securing of a claim of the injured party) under title of the second section of the seventh

the criminal procedure code,



d) retention and open the shipment and confusion, according to the head of the fourth section of the

the sixth code of criminal procedure,



e) tracking a shipment pursuant to section 65,



(f)) and the record interception of telecommunications by the head of the fourth

the seventh section of the code of criminal procedure or in the cross-border interception pursuant to §

64,



g) mental status examination under section 116 paragraph. 2 of the code of criminal procedure,



(h) use of search devices operatively) pursuant to § 158b to 158f

the criminal procedure code, or



I) hidden investigation under section 59 to 61,



body can be cizozemskému only in the context of the Act which

would be criminal even under the law of the United States.



§ 48



Affiliation to the receipt of the request for legal assistance and execution



(1) If a foreign State conducted the preparatory proceedings, it is for the receipt of the request

a foreign body on the relevant legal aid attorney

the Prosecutor's Office; otherwise, the responsible Ministry.



(2) the central authority of the request of a foreign authority for legal aid shall examine the

in particular, with regard to the conditions and requirements arising from this Act

or international agreements and requirements arising from the existing

the mutual contact and forward it to the competent judicial authority to its

pending, or request returns along with the reasons for which it

It was not possible to refer to, or requests a necessary complement in it

the prescribed time limit. If the foreign authority declined to return the requested data within

the specified time limit, without substantial reasons stated, the central authority of the request

returns.



(3) If an international agreement to avoid direct contact of the judicial authorities in

the implementation of legal aid, is to accept the application of a foreign body on the

legal assistance to the competent judicial authority which is competent to

pending pursuant to paragraphs 5 and 6. The judicial authority of the request of a foreign

the legal aid authority will examine the aspects referred to in paragraph 2 and

accedes to the request, or it returns together with the reasons therefor,

for which it has not been possible to execute, or will require the necessary additions

by the deadline. If the foreign authority is not sending the required replenishment

within a specified time limit, without substantial reasons stated, judicial authority

the request returns.



(4) if the request of a foreign authority for legal aid is delivered to the authority

that is not appropriate for its adoption, shall forward it to the authority without delay

competent for its adoption, and the foreign authority shall inform about it.



(5) if the foreign State conducted the preparatory proceedings, it is for the execution of the request

a foreign body for legal aid County Government

the Prosecutor's Office and regional court, in whose district is to be executed

the legal aid Act, unless otherwise provided by this Act.

If the legal aid act exclusively in the service of a document,

to the request of a foreign authority is responsible for legal aid

the District Public Prosecutor's Office, if it is in a foreign State shall be conducted preparatory

control, and otherwise the District Court in whose district is to be delivered

carried out.



(6) where it is referred to in paragraph 5 is given by the local jurisdiction of several State

the Prosecutor's Office, or several courts, shall execute the request of a foreign authority

for legal assistance, the public prosecution service to whom the request was referred to the

The Supreme Public Prosecutor's Office or the Court, to which the request

referred to the Ministry, or in the case of direct contact State

the Prosecutor's Office or the Court, to which the application was first received,

or referred to the authority, which was responsible for its adoption.

The central authority shall refer the request of a foreign authority on legal aid

in particular, the case of the public prosecutor's Office or the courts competent under

paragraph 5, in whose district the has be done most requested acts

legal aid or the most demanding Act of legal aid.



(7) if the matter does not tolerate delay, or if it is given another important reason may

the Prosecutor's Office or court competent to execute the request

a foreign authority to perform the Act for legal aid legal aid and outside

your district; in doing so, shall proceed mutatis mutandis under section 53 and 54 code of criminal procedure.



(8) in the case of a simple act of legal aid, if it can make things easier

the Act legal aid or if given another important reason may

exceptionally in its circuit Prosecutor's Office or the County regional

the court competent to execute the request of a foreign authority on legal aid

to perform an act of legal assistance addressed letters rogatory of the District Public Prosecutor's Office

or the District Court in whose area the operation of legal aid is to be

executed.



§ 49



The use of the provision of the law of a foreign State



The law enforcement authorities shall, in the execution of the request

a foreign body for legal aid under the legal order of the Czech Republic;

provision of the law of a foreign State may be used only if the

foreign authority so requests.



§ 50



The specific form of the testimony of witnesses and experts



(1) if the foreign authority requests, to hear witnesses and experts

under oath. The oath to witnesses: "I swear on my honour that the

telling the full truth and nothing and nezamlčím. " The oath for connoisseurs

added: "I swear on my honour, that I will, according to the best of my

consciousness and conscience. "



(2) if the foreign authority so requests, the witness or expert

supply with their consent in the form of a written oath

statement. Ask if the foreign authority of the different steps, connects the judicial

authority for such a declaration certifying that the clause is a statement

the witness or expert. Prior to such a declaration must be a person

advised of the possibility of dismissal in this form of refuse. In this case,

judicial authority performs the hearing of a witness or an expert, if it is for

foreign authority is sufficient.



§ 51



The participation of foreign institutions and other persons in acts of legal aid



(1) the aliens authorities within the territory of the United States, they cannot perform acts

the criminal proceedings.



(2) the presence of the representatives of foreign institutions and other persons

participating in criminal proceedings in a foreign State, the legal aid Act

carried out on the territory of the Czech Republic shall only be authorized with the consent of the authority

competent to execute the request of a foreign authority for legal aid.



(3) if the representatives of the foreign authorities or the other person referred to in

paragraph 2 of the present questioning carried out on the basis of an application for legal


assistance in the Czech Republic, a body active in criminal proceedings, the hearing

done, will allow them to put through additional questions.

Issues that are in conflict with the code of criminal procedure, are not permitted.



§ 52



Service of documents



(1) the addressee in the Czech Republic it is possible to deliver the document, which is

drawn up in a language which can be given the circumstances of the case

assume that the addressee understands him, or the document to which it is attached

translation into that language.



(2) If a document drawn up in the language referred to in paragraph 1 or, if no

accompanied by a translation into that language, a translation of the documents requested from the

a foreign body and the foreign authority shall at the same time informs them that otherwise

the document will be delivered to the addressee without translation only, under the conditions

referred to in the third sentence. If provided for in an international agreement that foreign

the authority is not required to provide a translation of the document, it shall ensure that the judicial

the authority which is competent to execute the request of a foreign authority, of the

legal aid. Translation of the document is not needed if the addressee after

lessons about the possibility to refuse to accept the document in a language which

does not understand to which translation is not connected to a language intelligible to him,

declares that it is willing to accept the document.



(3) a document shall be delivered to the addressee in accordance with the provisions of the code of criminal procedure of the

delivery. At the express request of a foreign authority can

served in your own hands or through judicial

the authority which a delivery report. In addition to the log

requirements under § 55 para. 1 code of criminal procedure give the precise designation

to be served.



(4) a Foreign institution may be delivered to the addressee in the Czech Republic

the document directly by postal services only,

If an international agreement or with the prior consent of the Minister

Justice pursuant to section 4, paragraph 4. 4.



(5) if the threat by forcing them to be served, is such

the threat to the territory of the Czech Republic to be ineffective.



§ 53



The postponement of the implementation of the legal aid Act



(1) judicial authority is competent to execute the request of a foreign authority, of the

legal aid may postpone the implementation of the required Act of legal aid

If its implementation could affect the criminal proceedings being conducted in the United

Republic or if its implementation is not taking into account the specific

circumstances of the case of a serious reason temporarily possible.



(2) the suspension of the Act for legal aid should be immediately

inform the foreign State. At the same time be informed of the reason for the delay, and if

It is possible, the expected date when it will be able to be an act of legal aid

executed.



§ 54



Refusal of legal aid



(1) where this Act provides otherwise, the judicial authority is competent to

the request of a foreign authority rejects the implementation of the legal aid

requested by the legal aid Act, if



the request of a foreign authority) for legal aid does not provide sufficient

the basis for the implementation of the required legal aid Act and the foreign State it

Despite the challenge to complete within a reasonable time,



(b) the legal aid Act) cannot be under the law of the United

States, or



(c)) to conduct the legal aid Act prevents another compelling reason.



(2) before rejecting the implementation of the required Act of legal aid's

the judicial authority shall request the opinion of the central authority; This does not apply,

If an international agreement to avoid direct contact of the judicial authorities in

the implementation of legal aid.



(3) refusal to perform an act of legal aid you must immediately notify the

foreign State stating the reasons for refusal.



section 55



Where the foreign body on the implementation of the legal aid Act in the territory of the United

Republic and the costs associated with performing the desired action would be

clearly disproportionate to its purpose, agree with Foreign Ministry

authority, how these costs will be reimbursed, or other appropriate action.



§ 56



The provision of information and evidence, without request



(1) the judicial authority can provide a cizozemskému authority without a request for

legal aid information or evidence from the criminal proceedings, if it considers that

It can be used in criminal proceedings in a foreign State. By providing

information or evidence shall not endanger the purpose of criminal proceedings in

The Czech Republic.



(2) the judicial authority may lay down the conditions for the use made by the

information or evidence in a foreign State. In that case, the advance shall

of a foreign authority, whether with such conditions.



(3) Similarly, in accordance with paragraphs 1 and 2 of the judicial authority shall proceed on the

notification of deed, which does not fall within the scope of the criminal law, but

It could be a criminal offence under the law of a foreign State.



Part 3



Specific provisions on certain instruments of legal aid



§ 57



Hearing by videoconferencing device and your phone, the

the request of the United States



(1) the judicial authority may ask the foreign authority to ensure the hearing of the

the suspect, accused person, witness or expert by the technical

device for transferring image and sound (hereinafter referred to as "video conferencing

device "), where it is not appropriate or possible for the person to be the

heard in the Czech Republic.



(2) under the conditions referred to in paragraph 1 may request the judicial authority to

foreign authority to ensure the hearing of a witness or expert

over the phone.



(3) the request referred to in paragraph 1 or 2 shall include, in addition to the requirements

referred to in § 41 para. 1, including fundamental issues that have to be

the person asked, and the name of the person who will conduct the hearing

on the territory of the Czech Republic, the reason for that is not appropriate or possible, in order to

the person was interviewed in the Czech Republic, and the wording of the provisions of the

the legislation of the Czech Republic, which will be in the hearing

followed.



(4) the judicial authority performs the hearing by videoconferencing

device or phone, in accordance with the criminal procedure code; at the same time taking into account the

the measure of a foreign authority, aiming to ensure that during an interrogation

were not being violated the basic principles of the rule of law of the foreign State.

If it is not met, and unless it is about how to conduct the hearing,

the hearing ends.



§ 58



Hearing by videoconferencing device and your phone, the

the request of a foreign State



(1) the judicial authority may allow the cizozemskému authority, on request

implementation of interrogation of the suspect, accused person, witness or expert

through videoconferencing equipment if it is not appropriate or

possible that this person was interviewed in a foreign State.



(2) under the conditions referred to in paragraph 1, the judicial authority to allow

cizozemskému authority, on request, perform the hearing of a witness or

an expert over the phone.



(3) if the request does not contain a foreign authority, the basic questions that

to be the person asked, or the wording of the provisions of the

the legislation of the foreign State, under which they will be the hearing of

effected, shall request the judicial authority to amplify them.



(4) a summons, interviewed people, the use of an interpreter and the procedure

When drawing up the Protocol on the questioning shall apply mutatis mutandis to the provisions of

the criminal procedure code. Of the hearing will always report in which it is necessary to

In addition to the basic requirements under § 55 code of criminal procedure and the

the technical conditions under which the hearing was conducted.



(5) prior to the commencement of the hearing of the judicial authority authenticates the

people and instruct it under the provisions of the criminal procedure code and the law.

Then allow the cizozemskému authority to carry out the interrogation

through a videoconferencing device or phone.



(6) the judicial authority is present in the hearing, and shall ensure that its

the course has not been violated the basic principles of criminal proceedings and the interests of the United

States referred to in § 5. In the case of their violation of the hearing interrupted and

shall adopt measures to further interrogation took place in accordance with these principles,

Alternatively, the questioning ended.



(7) the interviewee may exercise their right to refuse to testify as referred to in

the criminal procedure code and by the law of the foreign State. If

interviewee refuses to testify, although it is required, can be against

It likewise use the measures provided for in the criminal procedure code.



(8) The person may be granted protection under the conditions and in the manner

laid down in § 55 para. 2 of the code of criminal procedure and the law on special protection of

the witness and other persons in connection with criminal proceedings.



§ 59



Hidden investigation in the territory of the Czech Republic



(1) on the territory of the Czech Republic can be used as the agent or perform

the transfer of foreign national security Canadian Corps.



(2) for the purposes of criminal proceedings conducted in the Czech Republic to

the use of foreign national security corps as the agent on

the proposal of the public prosecutor of the Supreme Public Prosecutor's Office, the judge

the High Court, in whose district the State Prosecutor is submitting a proposal

active, after the President of the indictment chamber Court of first instance. State

Deputy Head of the public prosecutor may submit a proposal and after administration

President of the Senate Impeachment Court of first instance to issue the permit only,

If the foreign authority has granted on the basis of an application for legal aid to


the use of the national security corps of their State as the agent

consent. Application for legal aid serves as Chief Prosecutor of the State

the Prosecutor's Office, after administration of the impeachment Court of first instance.



(3) For the purpose of criminal proceedings in a foreign State to allow use of

foreign national security corps as the agent on a proposal from the

the public prosecutor of the Supreme Public Prosecutor's Office in Prague, the judge

The High Court in Prague. State Deputy Head of the State

the Prosecutor's Office in Prague can application be made only on the basis of the request

a foreign body for legal aid.



(4) for the purposes of criminal proceedings conducted in the Czech Republic to

feigned conversion of foreign national security corps

the Prosecutor of the Supreme Public Prosecutor's Office, after the filing of the indictment

the President of the Senate of the Court of first instance. State Deputy Head of the State

the Prosecutor's Office and the President of the Senate after the filing of the indictment the Court of first

grade may do so only if the foreign authority has granted on the basis of

application for legal aid for the implementation of the transfer of national předstíraného

the Security Corps of its State consent. Application for legal aid lodged

the Prosecutor of the Supreme Public Prosecutor's Office, after the filing of the indictment

Court of first instance.



(5) For the purpose of criminal proceedings in a foreign State permits

feigned conversion of foreign national security corps

the Prosecutor of the Supreme Public Prosecutor's Office in Prague. State

Deputy Chief Prosecutor may do so only

on the basis of a request of a foreign authority for legal aid.



(6) a foreign National Security Corps during the performance of the tasks referred to in

paragraph 1 is exercised to the extent necessary for the performance of these tasks

permissions and obligations of a member of the police of the Czech Republic or

General Inspectorate of security forces. When performing operations on the territory of the

The United States is bound by the laws of the United States and its activities

governed by the national police of the Czech Republic provided for under the law on

Police of the Czech Republic or the national General Inspectorate

security forces established under the law on general inspection

security forces.



section 60



Hidden investigation in the territory of a foreign State



(1) a member of the police of the Czech Republic or member of the General

inspection of security forces can be used in the territory of a foreign State

as an agent or make a feigned conversion.



(2) for the purposes of criminal proceedings conducted in the Czech Republic is needed before

using a member of the Police of the Czech Republic or a member of the General

inspection of security forces as the agent and after the issuance of a permit under section

158e para. 4 and § 158f criminal procedure seek the agreement of the competent

of a foreign authority. Application for legal aid serves the Prosecutor

the Supreme State Prosecutor's Office, after the indictment the Court of first

the degree.



(3) For the purpose of criminal proceedings in a foreign State to allow use of

Member of the police of the Czech Republic or member of the General inspection

security forces as the agent on the proposal of the public prosecutor of the high

Prosecutor judge of the High Court in Prague. State

the representative of the Supreme Public Prosecutor's Office in Prague in May to submit a proposal

only on the basis of a request of a foreign authority for legal aid.



(4) for the purposes of criminal proceedings conducted in the Czech Republic to

feigned transfer of national police of the Czech Republic or

national General Inspectorate of security forces, State representative

the Supreme State Prosecutor's Office, the President of the Senate after indictment

Court of first instance. Before making such a conversion and the předstíraného

After the issuance of the permit is necessary to seek the agreement of the competent foreign

authority. Application for legal aid serves as Chief Prosecutor of the State

the Prosecutor's Office, after administration of the impeachment Court of first instance.



(5) For the purpose of criminal proceedings in a foreign State permits

feigned transfer of national police of the Czech Republic or

national General Inspectorate of security forces, State representative

The Supreme State Prosecutor's Office in Prague. The Prosecutor of the high

Prosecutor may do so only on the basis of

the request of a foreign authority for legal aid.



(6) the application for legal assistance referred to in paragraphs 2 and 4, as well as request

to the conditions under which a member of the police of the Czech Republic or

Member of the General Inspectorate of security forces will be able to be on the

the territory of the foreign State used as the agent or perform a feint

conversion.



(7) on the secondment of a member or a member of the police of the Czech Republic

General Inspectorate of security forces in the territory of a foreign State for the purpose

its use as the agent or perform předstíraného conversion

It shall act after fulfilment of the conditions set out in paragraphs 2 to 6 in the case of

Member of the police of the Czech Republic Police President and, in the case

Member of the General Inspectorate of security forces her Director.



§ 61



Hidden investigation using a member of the police of the Czech Republic

the territory of the Czech Republic for the purpose of criminal proceedings in a foreign State



(1) a member of the police of the Czech Republic or member of the General

inspection of security forces can be used on the territory of the Czech Republic

as the agent or perform the transfer for the purposes of criminal feigned

proceedings in a foreign State.



(2) the use of the national police of the Czech Republic or a Member

General Inspectorate of security forces as an agent authorised to draft

the public prosecutor of the Supreme Public Prosecutor's Office in Prague, the judge

The High Court in Prague. State Deputy Head of the State

the Prosecutor's Office in Prague can application be made only on the basis of the request

a foreign body for legal aid.



(3) the transfer of National Police Canadian United States or

national General Inspectorate allows State security forces

the representative of the Supreme Public Prosecutor's Office in Prague. State representative

The Chief Prosecutor may do so only on

basis of a request of a foreign authority for legal aid.



§ 62



Cross-border surveillance authority of the Czech Republic



(1) if provided for by an international treaty, the police authority which

performs monitoring of people and things cross the State border and continue

keep track of people and goods in the territory of a foreign State, on the basis of the authorisation

issued by the competent foreign authority after the previous request for legal

assistance.



(2) if provided for by an international agreement and where the matter does not tolerate delay, may

the police authority to exceed the State border and continue watching people

and things in the territory of a foreign State, even without prior authorisation, immediately after the

crossing the national border is, however, obliged to inform the competent

foreign authority and the competent judicial authority, that when the

statutory conditions immediately asks for additional permission. Police

the authority is obliged to monitor the exit as soon as it is asked to do so by the competent

foreign institution or if authorization is not received within 5 hours of

crossing the national border; monitoring is required to quit also, if

the competent judicial authority shall be notified that the additional authorization requests.



(3) information obtained from the cross-border monitoring, which has not been

enabled, you cannot, for the purposes of obtaining evidence in criminal proceedings apply.



(4) requests for legal assistance referred to in paragraph 1 or 2 and related

acts performed by the public prosecutor, after administration of the impeachment Court of first instance.



(5) the provisions of paragraphs 1 to 4 shall apply mutatis mutandis to be cross-border

monitoring on the territory of a foreign State is carried out through technical

or other means without the presence of the police authority of the United

of the Republic. The condition that an international agreement so provides, may not be in the

this case satisfied.



§ 63



Cross-border monitoring of foreign body



(1) if provided for by an international treaty, the foreign authority that

performs monitoring of people and things cross the State border and continue

keep track of people and goods on the territory of the Czech Republic, on the basis of

authorisation issued by the competent judicial authority after a previous request

legal aid.



(2) if provided for by an international agreement and where the matter does not tolerate delay, may

foreign authority to exceed the State border and continue to monitor the

people and goods on the territory of the Czech Republic and without prior authorization, immediately

After crossing the State border is, however, obliged to inform the Police

Headquarters to the United States. The competent judicial authority may, on the basis of the

application for legal aid in addition to enable such tracking. Foreign

the authority is obliged to monitor the exit as soon as it is asked to do so by the competent

authority of the United States, or if it does not receive authorization within 5 hours from

crossing the national border.



(3) cross-border surveillance in the territory of the United States referred to in paragraphs 1 and

2 permits and related tasks performed by the regional public prosecutor's Office in the

Prague. The authorisation shall also apply to the police of the Czech Republic, if the


from a foreign body in the same case the monitoring on the territory of the United

of the Republic.



(4) in the implementation of the monitoring on the territory of the United States is a foreign

the authority is bound by the laws of the United States and the instructions of the police authority

Of the Czech Republic. Foreign authority is not authorised to carry out surveys,

to enter dwellings, other premises and land, or to withhold or

interrogate the monitored person.



(5) the provisions of paragraphs 1 to 3 shall apply mutatis mutandis to be cross-border

monitoring on the territory of the Czech Republic carried out through

technological or other means without the presence of a foreign body.

The condition that an international agreement so provides, may not be in such a

the case of the met.



§ 64



Cross-border interception



(1) If an international agreement that can be from a foreign State to carry out

interception of telecommunications in the territory of the Czech Republic without her

technical assistance, is to decide on the grant of consent

interception or its continuation and to related acts, the competent

A regional court in Prague; If it is in a foreign State in carrying out the interception shall be conducted

the preparatory proceedings shall, on application by the public prosecutor of the regional

the Prosecutor's Office in Prague. Consent to execute a wiretap, or with

its continuation may be issued only when the conditions described in section

88 the criminal procedure code.



(2) If an international agreement that can be from the United States to carry out

interception of telecommunications in the territory of a foreign State without its

technical assistance, State representative and on indictment the Court shall inform the

the manner set out in the international agreement of foreign State

or conducted by the interception.



§ 65



Tracked shipment



(1) on the territory of the Czech Republic can be traced the shipment for the purpose of

criminal proceedings in a foreign State. Ordering and tracking

related acts performed by the regional public prosecutor's Office in Prague.



(2) in the course of tracking a shipment pursuant to paragraph 1, or in the course of

tracking carried out by a foreign authority in the territory of a foreign State

on request of the public prosecutor, the police may carry out

the necessary measures to ensure that, under the control of the Customs authorities received

the consignment referred to in § 87a of the criminal procedure code or things is

substitute from the territory of the United States to a foreign State, or vice versa,

or of the foreign State through the territory of the United States to a third State.



(3) an act directed against the next possession of things that make up the content

controlled deliveries, fails to do so, if you've watched the shipment passes

the State border and its monitoring on the basis of the request of the public prosecutor

or a foreign body for legal aid takes over the foreign

authority.



§ 66



The provision of information from criminal records



(1) If a request other than a Member State of the provision of information from the

criminal records for the purposes of criminal proceedings, a part of the application

This state of legal aid consisting of multiple operations, it is

execution of the competent judicial authority which is competent to execute the

the rest of the application for legal aid.



(2) if it is only on the request of another Member State than for the provision of

information from criminal records for the purposes of criminal proceedings and in

a foreign State is conducted the preparatory proceedings, it is appropriate to discharge the

The Supreme Public Prosecutor's Office; otherwise, the responsible Ministry.



(3) If an international agreement to avoid direct contact of the judicial authorities, is to

the request referred to in paragraph 2, the competent regional State

the Prosecutor's Office, if it is in a foreign State shall be conducted preliminary proceedings, and otherwise

the regional court in whose circuit is resident, the person in respect of which they are

the information from the criminal register required; If such a person does not have

residence in the territory of the Czech Republic, is to respond to such a request,

the Regional Public Prosecutor's Office in Prague and a regional court in Prague.

If one application to multiple people, it's from the relevant regional

Public Prosecutor's Office or the relevant regional courts, which

the application was first delivered or forwarded to the authority, which is not

responsible for its execution.



(4) for the purposes of execution of a request of a foreign authority for the granting of

information from criminal records pursuant to paragraphs 1 and 2, the authority shall

appropriate to its pending shall be entitled to request a copy of such evidence

by the law on criminal records.



§ 67



(1) case is dated or are removed from the request of a foreign authority, based on the

legal aid may the competent judicial authority to respond to such a request,

pass for the purposes of proving the necessary time to the competent cizozemskému

authority; at the same time it asks for its return. Unless the law

third parties, the competent judicial authority for execution of the request for

legal aid to give up her return to the United States.



(2) the referral to cizozemskému authority may be temporarily postponed or can be

thing to pass the cizozemskému authority of the judicial authority, for a period fixed

relevant to the request for legal assistance, if such things should be

for the criminal proceedings conducted in the Czech Republic.



(3) where a case has been already issued or revoked in criminal proceedings in

The Czech Republic, the judicial authority is competent to execute the request for the

legal assistance with the consent of the competent public prosecutor or the President of the

the Senate pass this thing cizozemskému authority for the purposes of obtaining evidence on the

specified period of time.



§ 68



In the case that was at the request of a foreign authority provided a thing or

assets, the judicial authority shall verify this authority, whether the reason for ensuring

It takes. If that authority on to repeated queries does not respond within a reasonable time,

It is thought that the reason ensuring passed.



§ 69



The temporary takeover of the person of a foreign State



(1) if it is to carry out acts of criminal proceedings in the territory of the United

the Republic the necessary participation of persons other than the accused, or the suspect and

This person is in a foreign State in custody, in the unconditional performance penalty

imprisonment or protective measures involving deprivation of

freedom, the public prosecutor shall request and after the indictment to the Court for a temporary

the surrender of the person. In the request for legal assistance is required in addition to the requirements

referred to in § 41 para. 1 indicate for which acts on what time and from

for what reason is the participation of persons necessary, and be sure that this person will

for the duration of the temporary transfer in custody. If the foreign State shall require the assurance

that will be applied against the person under restrictions because of ties to the

its territory, State representative and Chairman of the Board after the indictment is

can provide, if such restrictions are not inconsistent with the laws of the

Of the Czech Republic.



(2) if the foreign State shall permit temporary transfer of the person, the judge shall decide on the

the proposal of the State Prosecutor and President of the Senate after the filing of the indictment, that this

the person, during the temporary taking over in custody. Binding begins

This person by the authorities of the Czech Republic. The decision shall be served on the person

without undue delay after its delivery to the prison. The provisions of title of the fourth

the first section of the code of criminal procedure shall not apply.



(3) the return of persons to a State which it temporarily forwarded, and

related release that person from custody shall ensure the Prosecutor and after

the President of the Senate of the indictment. The period for which the temporary handing over of

enabled, it cannot be exceeded, unless the foreign State concerned agrees.



(4) if so requested by the person taken over temporarily for release from custody, the State

Representative and President of the Senate after the indictment shall forward such a request

the competent authority of the cizozemskému.



(5) if the foreign authority shall inform that person is to be taken over temporarily by

released from detention, ensure her release without undue delay

the State Prosecutor and President of the Senate after the filing of the indictment; in this case,

the return of persons to a State which it temporarily forward, does not. About

the release of persons from detention, it is necessary to inform the foreign authority.



(6) the provisions of paragraphs 2 to 5 shall be used for the temporary takeover

a person from a foreign country to perform acts of legal aid on the territory of the United

States on the basis of a request of a foreign State for legal aid.



(7) the provisions of paragraphs 1 to 5 shall apply mutatis mutandis also used on temporary

the takeover of a person who is located in a foreign State in the enforcement of a sentence involving deprivation of

freedom, to which the foreign State was passed from the United States

under Title IV of part 2, if her personal presence in the Czech Republic

necessary in order to examine the judgment.



section 70



The temporary transfer of the person to a foreign State



(1) a person located in custody, in the unconditional performance penalty

imprisonment or protective measures involving deprivation of

freedom on the territory of the Czech Republic at the request of a foreign authority

temporarily passed to a foreign country to carry out acts of criminal proceedings on the

the territory of that State, if the



and the person with the temporary) passing agrees,



(b)) in criminal proceedings in a foreign State, the position of the accused or

the suspect,



(c)), its presence on the territory of the Czech Republic for the purposes of criminal proceedings

Here, held by is not necessary,




(d)) as a result of the handover does not defeat the purpose of the binding, the punishment

or protective measures,



(e) the foreign State shall provide assurance), that person will be for the duration of the temporary transfer

limited to personal freedom and will be applied against it required restrictions

arising because of ties to the territory of the Czech Republic.



(2) the temporary transfer of the person referred to in paragraph 1 permits and its implementation

provides, in the case of



and) binding in the preliminary proceedings, the Court has jurisdiction under section 26 of the code of criminal procedure

on the proposal of the public prosecutor,



(b)) in the proceedings after the filing of the indictment, President of the Chamber of the Court which

management of leads,



(c)) the performance of unconditional imprisonment or protective measures

involving deprivation of liberty, President of the Chamber of the District Court,

in whose district the penalty or protective measures.



(3) the temporary handing over of power interrupt binding, unconditional sentence

imprisonment or protective measures involving deprivation of

freedom in the Czech Republic.



(4) the Court with jurisdiction to permit temporary transfer of the person establishes

a reasonable time limit for its return to the United States. This time limit may be

agreement with the competent foreign authority extend only to the same

the purpose for which the temporary surrender of the person was allowed; If it is a link in the

preliminary proceedings, can only do so after the observations of the Prosecutor.

If the return of a person to a foreign State or other circumstances prevent, or

If the return of the people endanger her life or health, it must be

the person returned without undue delay after the disappearance of such barriers.

The temporary transfer of the person can be done repeatedly.



(5) the person whose temporary handing over of it must be before saying

with your consent, the temporary transfer of a judge or the President of the Chamber of the Court of

responsible in accordance with paragraph 2, made aware of the reason for the temporary transfer and

taught about the importance of such consent and the consequences that are with him

associated. Agree to the temporary transfer cannot be undone.



(6) the provisions of paragraphs 1 to 5 shall be used for the temporary transfer

a person to a foreign State to perform acts of legal aid in the territory of a foreign

the State of the judicial authority, on the basis of an application for legal aid.



(7) the provisions of paragraphs 1 to 5 shall apply mutatis mutandis also used on temporary

transfer of the person, which is located in the Czech Republic in prison

the deprivation of liberty to which was passed to the Czech Republic from foreign

State in accordance with title IV, part 1, where her personal presence in a foreign State

necessary in order to examine the judgment.



§ 71



The agreement on the joint inquiry team



(1) the competent authorities of one or more foreign States can be closed

an agreement on the joint investigative team.



(2) an application for the conclusion of the agreement on the joint inquiry team serves

the Prosecutor, who shall exercise the supervision of adherence to legality in

preliminary proceedings, through the Supreme State Prosecutor's Office.

In addition to the requirements specified in § 41 para. 1 the request shall indicate



and the proposed purpose) joint investigation team and the time at which the

should be set up,



(b)) the proposed composition of the joint investigation team,



c) characteristic of the powers of the authorities of the Czech Republic, for which it is

proposed, in order to participate in the joint investigation team,



(d) the working language) the proposed joint investigation team



(e)) the proposed location of the joint investigation team and the way

its functioning, including the proposal on the identification of the head joint

investigation team.



(3) the receipt of the request of a foreign authority, of the conclusion of the agreement on a common

the inquiry team is the Supreme State Prosecutor's Office.



(4) the agreement on the joint investigative team for the Czech Republic concluded

The Supreme State Prosecutor's Office. The agreement on the joint inquiry team

contains, in particular,



and the) determination of the parties to the agreement,



b) provisions on the establishment a joint investigation team, its subject matter,

the purpose and the time that has been set up and that may be the agreement of the parties

extended,



(c) the composition of the team),



(d) the powers of the institutions, characteristics) that a joint investigation

the team involved,



(e) the working language) joint investigation team



(f)) point of application of the joint investigation team and the way it

the functioning, including the head of the joint investigation team.



§ 72



The joint investigation team to perform tasks



(1) If you need to perform an act of criminal proceedings in another State

participating in the joint investigation team, a member of the joint

investigation team of this State may request the competent authorities of their State of

to perform such an act directly, provided this is not contrary to the law of that

State. If requested the authorities of the United States in this way, the request shall be considered

as if it were a criminal act of the proceedings conducted in the United

Republic.



(2) evidence obtained in the framework of the joint investigation team may be

used in criminal proceedings in the Czech Republic, where they have been obtained in

accordance with the laws of the State in whose territory they were acquired, or in the

accordance with the laws of the United States.



(3) the carrying out of criminal proceedings in a State other than that

the joint investigation team involved, it is necessary to request based on

application for legal aid. In such applications, in addition to the requirements referred to

in § 41 para. 1 indicates that legal aid is sought for the purposes of the common

investigation team.



section 73



The action of the joint investigation team on the territory of the Czech Republic



(1) If a joint investigation team on the territory of the United States, it is

the head of the public prosecutor, who shall exercise the supervision of adherence to

legality in preparatory proceedings.



(2) the members of the joint investigation team shall carry out their tasks under the leadership of

the head, which are bound by the laws of the Czech Republic and

the conditions laid down in the agreement on the joint investigative team.



(3) Cizozemští members of the joint investigation team may be present

When the Act of criminal proceedings conducted on the territory of the United States, unless the

the head of the joint investigation team of the important reason, decides

otherwise. On the participation of foreign members of the joint investigation team when

the hearing shall be used mutatis mutandis § 51 para. 3. the members of the joint Cizozemští

investigation team cannot perform acts of criminal proceedings in the territory of

Of the Czech Republic.



§ 74



The exchange of information



(1) the members of the joint investigation team for the Czech Republic can

a joint investigation team to provide information in accordance with the laws

regulations of the Czech Republic and within the limits of its powers.



(2) information obtained lawfully, a member of the joint investigation

team for the Czech Republic in the framework of the joint investigation team, which

are not otherwise available to the authorities of the United States, can be used for



and) the purposes for which it was established, the joint investigation team



(b)) the detection, investigation and prosecution of other offence if

the State in which the information was obtained, granted the consent,



(c) the prevention or elimination of imminent) and a serious threat to

public safety, or (d)) other purposes, if it is agreed between the

States that have set up a joint investigation team.



(3) to request the consent referred to in paragraph 2 (a). (b)) is competent State

representative who is or has been a member of the joint investigation team for the

The Czech Republic.



(4) if the Czech Republic is asked by another State, which is the common

investigation team is participating or participated in, by the granting of consent to the use

information that has been obtained lawfully in its territory in the framework of the

the joint investigation team, for the purpose of detecting, investigating, or

the prosecution of another offence, consent shall be refused if the

its use would endanger criminal proceedings conducted in the Czech Republic,

or if it has been given a reason for the refusal to grant legal aid. To

consent to the competent public prosecutor, who is or has been a member of the

the joint investigation team for the Czech Republic.



§ 75



(1) the provisions of the first part, mutatis mutandis, apply to the demand of the convicting

the judgment and related information in order to record data on the

condemnation of the foreign court to criminal records under the Act

about criminal records.



(2) the provisions of the second part shall apply mutatis mutandis to the grant of the convicting

judgment of the Court of the Czech Republic and related information to a foreign

State for a similar purpose, as referred to in paragraph 1.



§ 76



Service of documents through Embassy



(1) the judicial authority may instruct the Embassy documents

Of the Czech Republic. For the content of such delegation requirements reasonably

§ 41 para. 1.



(2) on the basis of the mandate referred to in paragraph 1, the Embassy of the United

States make the



and) served on the person in the State, where it exercises jurisdiction

unless the legislation of the State on whose territory it is to be delivered

made, and if the person is willing to accept the document,



(b)) to be served to citizens of the United States, which benefits from the State,


on whose territory it is to be effected, diplomatic or

consular privileges and immunities.



(3) the Embassy of the Czech Republic the proceeds

the legislation of the United Kingdom on the service of documents; It acts

made to have the same effect as if made by a judicial authority alone.



(4) prior to delegation of the Czech Republic Embassy delivered

the documents referred to in paragraph 2 (a). and the judicial authority shall request the Central)

authority to verify that such a procedure does not preclude the legislation of a State

where is to be effected.



§ 77



Regression claims



(1) the Ministry under the terms of the international treaty shall be reimbursed by the

the request of a foreign State the amount paid by the State in accordance with the

its legal order, as the official responsible for the damage caused by the United

States in the context of the legal aid act carried out on its

territory.



(2) the Ministry is under the terms of an international agreement

shall be entitled to request payment of the amount after a foreign State, which paid off as

compensation for damage caused by an official person of a foreign country in connection with the

the legal aid act carried out on the territory of the Czech Republic.



TITLE II



THE RELEASE OF THE PERSON



Part 1



Request from a foreign State



§ 78



Jurisdiction of the Court



The court competent for the procedure under this part the Court that leads

criminal proceedings and, in preliminary proceedings, the Court has jurisdiction under section 26

the criminal procedure code.



§ 79



Supporting documents for the request of a foreign State



(1) if it was issued an order for the detention, arrest or order for the command to

delivery to the enforcement of the sentence or, if the Court acts taken towards

the delivery person in the performance of the protection measure involving deprivation of

freedom and could not be when it within a period of one year from the making of the order

or take these operations to detain, arrest or deliver to performance

such a sentence or a preventive measure, President of the Chamber shall request without

undue delay, the Ministry on the implementation of the measures necessary for the

request from a foreign State; in the preliminary proceedings, the judge shall do so on the

the proposal of the public prosecutor, who shall without undue delay after the

the expiry of the same period. If it can be reasonably assumed that the person whose

demand goes, staying in a foreign State, it is possible to ask the Ministry of

ensure the necessary transactions even before the expiry of a period of 1 year.



(2) an application under paragraph 1 shall, if



and can be expected to save the unsuspended) sentence

less than 4 months or only other than unconditional prison sentence

freedom,



b) imprisonment that has the person whose request

It is to execute, or the rest of it is less than 4 months, unless this

a person has to do also other punishment or the rest of it, their

the sum is at least 4 months and it can be expected that the request referred to in paragraph 1

will be given for this other sentence or its remainder,



(c) the release of the person) whose demand goes, would result from the Czech Republic

the cost or consequences clearly disproportionate to the public interest in the criminal

prosecution or the execution of unconditional imprisonment or protective

measures involving deprivation of liberty,



(d)) the release of the person would be about whose request caused the injury, it is clearly

disproportionate to the importance of the criminal proceedings or the consequences of the offence,

in particular, with regard to her age, State of health or family circumstances, or



e) Act is a criminal offence to which the criminal law stipulates an unconditional

a custodial sentence of a maximum penalties of less than 1 year.



(3) the request referred to in paragraph 1 may be made whether or not to act, which is given by

some of the barriers referred to in paragraph 2 (a). a) to (c)), and (e)), if administered

For more deeds, of which at least one shall not prevent the provisions of paragraph

2 submission of the application.



(4) in the preliminary proceedings, the Prosecutor shall inform the Court about how

due to its design. If the proposal fails to comply, it shall at the same time the reasons for

that he did so.



(5) the request under paragraph 1, the Court shall be accompanied by



and) command to detention, arrest, or order for the delivery order to performance

the sentence,



(b)) Declaration of identity of the person whose request it, containing her

name and surname, other personal data enabling the identification and

details about the nationality or description, photograph, and fingerprints

fingers,



(c) a detailed account of the facts going on) with an accurate showing the time, place and

How to commit,



(d)) legal name of the offence with the literal wording of the relevant

statutory provisions, including the prescribed scale of penalties for a criminal

performance,



e) wording of the provisions of the criminal law on the limitation of criminal

liability, or enforcement of a sentence, and if the offence

elapsed time is longer than 3 years, or since the decision on whose

the basis is to be a sentence, a period longer than 5 years, placing the acts

that there was a building or interruption of the limitation period



(f)) extracts from criminal records concerning the person whose request

It is, and whether it is against that person are kept in the Czech Republic other

the criminal proceedings.



(6) For the purposes of the request of the person of a foreign State to exercise unconditional

penalties involving deprivation of liberty or a detention order of a safeguard measure

personal freedom, the Court forwards the Ministry also copies or certified

a copy of the decision of the Court of first instance and the legal clause

the decision of the Court of second instance, it was granted. If the decision was

published in proceedings against a fugitive or, in the absence of the person whose

demand goes, the Ministry shall transmit to the Court also portray how to ensure

rights of the defence; in the case of proceedings against the fugitive, also joins the verbatim

the text of section 306a code of criminal procedure and the Penal Code provisions on limitation

criminal liability.



(7) If a stored summary punishment, the Court shall forward the documents to the Department of

referred to in paragraph 5 (b). c) to (e)), and in paragraph 6, whether or not in relation to the

judgments about all the converging offences for which it was

the aggregate penalty saved.



(8) the Court shall, on the request of the Ministry of the other documents needed to

request a person from a foreign State; to do this, the Prosecutor shall provide the

the necessary assistance.



(9) the Ministry shall determine the form in which the document should be in accordance with paragraphs

5 to 8 by the Court are drawn up and a translation in that language to be a Court of

bear, if it can be assumed that such a form or translation will be

require a foreign State, or if they are required for the purposes of the international

quest.



(10) if the final conviction of the person whose request goes to the

imprisonment of at least 4 months or to

the final imposition of a safeguard measure involving deprivation of

freedom and it was in respect of the previously filed application referred to in paragraph 1 for the

the purpose of the request for criminal prosecution, or, if the applicable

the facts which led to the submission of such a request, particularly in the legal

qualifications or the facts, the Court shall submit a new request and appeals

the initial request; If there is a change in the facts in the preparatory

proceedings, it shall do so on the proposal of the public prosecutor, which it shall without

undue delay after such a change has occurred.



§ 80



The scope of the Ministry of



(1) the authority competent to request the person of a foreign State on the basis

the application to the Court pursuant to § 79 paragraph 2. 1 is the Ministry. After the Court

receives this request, together with the annexes required, carry out measures for the

to request a person from a foreign country, in particular by requesting police

The United States on ensuring the search for the person whose request it, in

a foreign State, and if it is not referred to in paragraph 2, shall submit to a foreign State,

in whose territory that person resides, the request for her release.



(2) the Ministry may submit an extradition request, if



a) can reasonably be expected that the foreign State shall not issue the person whose

request it, or



(b) the release of such person would) would be clearly inappropriate, especially if they are made

the reasons referred to in § 79 paragraph 2. 2 (a). (c)), or inappropriate for the reasons

referred to in § 79 paragraph 2. 2 (a). (d)), unless the Court in its opinion referred to in

paragraph 3 stating that the submission of the application.



(3) the Ministry shall inform the Court of the measures taken in order to

request a person from a foreign country. Also inform the Court about the reasons for the

that have not submitted a request for publication; in the case of the reasons referred to in paragraph 2

(a). (b)), it shall request its opinion on whether the application is made.



§ 81



Temporary custody



(1) if the matter does not tolerate delay, the President of the Senate, and in preparatory proceedings

on the proposal of the public prosecutor, the judge in the application according to § 79 paragraph 2. 1

propose that the Ministry has asked the foreign State of the imposition of the provisional

binding on the person whose request. If it is necessary to issue

a person from a foreign country, you may also do this Ministry without such

the proposal.



(2) the request under § 79 paragraph 2. 1, the Court in that case, be accompanied by a



and) command to detention, arrest or order for the delivery order to performance

the sentence,



(b)) Declaration of identity of the person whose request it, containing her

name and surname, other personal data enabling the identification and


details about the nationality or description, photograph, and fingerprints

fingers,



c) in the case of demand for criminal prosecution, the Court's Declaration of the upper

the border of penalties for the offence,



(d)) if the request for enforcement of a sentence, a copy of the part of the judgment, and propositional



(e) a declaration by the Court that) does not lapse of criminal liability or

enforcement of the sentence.



(3) the annexes referred to in § 79 paragraph 2. 5 to 8 in this case, you can submit

In addition, at the latest within 10 working days from the date of delivery of the

the request pursuant to § 79 paragraph 2. 1 Ministry. The Ministry may in

justified cases, this time limit may be extended, mutatis mutandis, or truncate.



(4) if the Ministry fails to comply with the proposal of the Court referred to in paragraph 1, it shall inform him

the reasons for such a procedure.



§ 82



The assurance



(1) if the foreign State Makes extradition by providing assurance on

with the criminal proceedings, the Ministry may only provide such assurance

with the prior approval of the Court; in the preliminary proceedings, the Court shall take into account

the opinion of the public prosecutor.



(2) if the person on the basis of the assurances, such assurances are

shall comply with.



section 83



Procedure after the release of the person



(1) the person issuing the foreign State takes on the police of the Czech Republic.

In the case of release for criminal prosecution, the police of the Czech Republic without it

the postponement will give the Court for the purposes of the procedure under § 69 para. 5 the first sentence,

the fourth and fifth. 6 of the code of criminal procedure, if it was issued an order to arrest,

or the police authority for the purposes of the procedure under § 103 para. 4 and 5

the criminal procedure code, if it was issued a warrant for the arrest. If a person is

issued for criminal prosecution on the basis of the applications in accordance with § 79 paragraph 2. 1

made more courts, determined after consultation of the concerned Ministry of the courts,

to which authority is to be delivered. In the case of release to the enforcement of the sentence or

the protective measure involving deprivation of liberty, the police of the Czech

States without delay deliver the person to the nearest prison or equipment for

the performance of protective measures.



(2) the amount of time spent in a foreign person issued State in custody for the purpose of

the issue is not included in the periods referred to in § 72 of criminal procedure and the time

referred to in § 72a code of criminal procedure; It does not apply to time spent transporting

person in the United States.



(3) If a person has been issued for the performance of unconditional prison sentence

freedom only for one of the offences for which it was stored, the sum of the

or summary punishment, or just for one of the Sub attack

continuation of the offence, the Court in the case in the first

the degree of punishment in a public meeting, a relatively reduced. Against this

the decision is admissible a complaint which shall have suspensive effect.



§ 84



The request of the Court of appeal



(1) the Court shall withdraw the request pursuant to § 79 paragraph 2. 1 if



and) has been revoked an order to arrest, the warrant or order for the delivery of

of imprisonment or has been waived for supply operations

person in the performance of the protection measure involving deprivation of

freedom,



(b)) have been additionally identified the reasons for which you cannot claim,



(c) the person has been delivered to the Court) or the police authority,



(d)) the person has been shipped to prison or the performance of the protective device

measures,



(e)) was made a new request, or



(f)) further investigation in a foreign State is not needed for another reason.



(2) the appeal request, in preliminary proceedings, the Court shall inform the national

representative.



(3) following an appeal of a request referred to in paragraph 1 (b). a) to (d))

or (f) the Ministry shall ensure the necessary) measure for the purpose

completion of the procedure leading to the release of a person from a foreign country.



§ 85



Speciality



(1) a person cannot be deprived of personal freedom, cannot be

filed indictment or a proposal for punishment against her criminal

the prosecution before the Court, nor to her enforced punishment or protective measures for

different offence committed prior to the release, than for which it was issued, unless the



and left the territory of the Czech Republic) and voluntarily returned or

on the territory of the Czech Republic was taken lawfully,



b) staying on the territory of the Czech Republic after the expiry of 45 days after its

release from custody, the performance of unconditional imprisonment or after

of termination of the safeguard measure involving deprivation of

freedom, although she had the opportunity to leave the territory of the Czech Republic,



(c)) in the publication in a foreign State shall be surrendered to the law on the application of the

the principle of speciality in general or in relation to a particular offence,



d) after his release has expressly renounced entitlement to the application of the principle

specialties in accordance with paragraph 2, or



e) foreign State gave up the application of the principle of speciality, or granted

additional consent with the enlargement issue.



(2) If a person gave up rights to the published application of the principle

Specialties according to paragraph 1. (c)), and if permitted by international

the contract or the law of a foreign State, the President of the Senate, and in preparatory proceedings

the judge on the proposal of the public prosecutor shall be heard in the presence of her lawyer and

Learn about options for her to give up the right to the application of the principle of speciality

generally or in relation to a particular offence, as well as of the consequences of

This statement of privacy. This statement cannot be undone. Give up if the person is

law on the application of the principle of speciality, in relation to a particular offence,

describe to the Court in the log so that it cannot be confused with any other

deed.



(3) the additional consent of the foreign State pursuant to paragraph 1. e) requests

at the request of the Ministry of the President of the Senate, and in preparatory proceedings at the request of

the judge on the proposal of the public prosecutor; in doing so it shall proceed mutatis mutandis

pursuant to section 78 to 80 and 82. Before submitting the application, the Court will permit issued to the person,

to comment on the subject matter of this application; This connects to your

request.



(4) if the person for an offence in respect of which it is necessary to request the

additional consent referred to in paragraph 1 (b). (e)), issued an order for the detention,

a warrant for arrest or delivery order imprisonment, President of the Chamber

and in preliminary proceedings, a judge on the proposal of the public prosecutor shall issue such

the command for the purpose of requesting an additional consent; the conditions for the issue of

of such orders in accordance with the criminal procedure code are disregarded. To grant

the additional consent of the foreign State may not be the commands listed in a sentence

the first basis for the detention or arrest of a person or for its delivery

to the enforcement of the sentence.



(5) For additional consent referred to in paragraph 1 (b). (e)) shall be considered a

the request of the State from which the person was released, about taking over of criminal proceedings

against that person or the enforcement of a sentence or a preventive measure for the

offences committed prior to its release. This also applies in respect of the criminal

notification by that State.



(6) until the grant of the additional consent of the foreign State under paragraph 1

(a). (e)) can be used in prosecution before the Court to perform only the actions

referred to in section 183a of the code of criminal procedure.



§ 86



Temporary takeover



(1) if the foreign State that has authorized the extradition, he put down his

the implementation, at the request of the Ministry of the President of the Senate and in the preparatory

the proceedings at the request of the judge on the proposal of the State Prosecutor to request a

the temporary handing over of this person, if it is necessary for the purpose of carrying out

a criminal prosecution. In its request, the Ministry shall provide assurance that the

This person will be for the duration of the temporary transfer in custody. For the provision of

other assurances while temporarily handing over Similarly the provisions of section 82.



(2) the President of the Chamber or a judge in the application referred to in paragraph 1 shall, for the

which tasks, how long and for what reasons is the presence of a person

necessary.



(3) if the foreign State shall permit temporary transfer of the person, the President shall decide

the Chamber and the pre-trial judge, that this person will be for a period of

the temporary taking over in custody. Binding acceptance of the person begins

the authorities of the Czech Republic. The decision shall be served on the person without undue

delay after its delivery to the prison. The provisions of title of the fourth section of the first

the criminal procedure code will not apply.



(4) return of persons to a State which it temporarily forwarded, and

related release that person from custody shall ensure that the President of the Senate, and in

the preliminary proceedings, the Prosecutor. The period for which the temporary handing over of

enabled, it cannot be exceeded, unless the foreign State concerned agrees.



(5) If a person temporarily taken over for release from custody, the State

Representative and President of the Senate after the indictment shall forward such a request

the competent authority of the cizozemskému.



(6) if the foreign authority shall inform that person is to be taken over temporarily by

released from detention, ensure her release without undue delay

the State Prosecutor and President of the Senate after the filing of the indictment; in this case,

the return of persons to a State which it temporarily forward, does not. About

the release of persons from detention, it is necessary to inform the foreign authority.



(7) the time spent in custody during the temporary takeover of the counts towards the

the sentence under section 92 of the Penal Code in the extent to which

has not been included in the punishment in a foreign State.



Part 2



Extradition to a foreign country



§ 87



The jurisdiction of the Court and the public prosecutor's Office



(1) the Court with jurisdiction in accordance with this part of the procedure is the District Court, in

the area was the person whose release it is intercepted; If there were no


her arrest, the regional court in whose area the

the person stay. To change the circumstances on the basis of which the local

jurisdiction of the court designated, occurred after the initiation of the interim

the investigation, shall be disregarded.



(2) the Acts referred to in this part of the State State Prosecutor

the Prosecutor's Office, which works with the court competent under paragraph 1.



§ 88



Acceptance of the application for the issue of



(1) the acceptance of the application of a foreign State for extradition is the appropriate Ministry.

If the request is delivered to any other authority, without delay, shall forward it to

the Ministry.



(2) If a request for the release of all the elements, the Ministry shall forward it to

Public Prosecutor's Office to conduct the preliminary investigation.



(3) if the request for the release of all the elements, in particular, it is not

connected to the original or a certified copy of the decision imposing the

imprisonment or protective measures associated with

deprivation of liberty, restriction of liberty or another

decision having the same effect, or if there is a description of the offence for

that is on the issue of asking, and his legal expertise, including the text of the

applied legislation of a foreign country, or of a communication that under the law

foreign State does not lapse, or information is not provided for

the assessment of the application is inadequate, the Department will require its replenishment. For

to this end, shall set a reasonable time limit and shall inform the foreign authority that the

If the request does not complete within the specified period will be refused or will control

the release ended. If a preliminary investigation was initiated prior to receiving

incomplete requests for extradition, the Ministry shall forward it to the State

the Prosecutor's Office at the same time requesting to complete it; otherwise, it shall refer the

to supplement the foreign State.



§ 89



Refusal of requests for extradition



(1) if the Department Receives before the start of the preliminary investigation request

Edition, refuses to make such request, if the



and) the person whose release it has died,



(b)) the person whose release it, would not be under the laws of the United

the Republic due to their age criminally liable,



(c) the person whose) issue goes, you can't hold back due to the prerogative or immunity,

for which is excluded from the powers of the bodies active in criminal proceedings,



d) it is not known whether the person whose release goes, staying on the territory of the United

Republic,



(e) the foreign State nedoplnil application) pursuant to § 88 para. 3, or



(f)) the extradition request was received after the decision that the

the person whose release goes, it will be transferred to another State in accordance with part five

Title II, or after enabling extradition to another State, or after you enable

transfer to the International Court institution.



(2) if the Ministry Has doubts as to whether or to what extent is

the person whose release it, excluded from the powers of the bodies active in criminal

proceedings, decide on its proposal for the Supreme Court.



§ 90



Crimes subject to the issue of



(1) issue of a person to a foreign State is allowed if the deed, for

that is on the issue of asking, would be a criminal offence under the law of the United States

the crime with a maximum prison sentence of not less than 1 year.



(2) release the person to a foreign State for the performance of unconditional prison sentence

freedom or protective measure involving deprivation of liberty

for an act referred to in paragraph 1 is allowed if a penalty or

protective measures to be carried out, shall be at least 4 months. For

conditions of reciprocity, the more punishment or protective measures, shorter

than 4 months to be executed, adds up.



(3) if the foreign State has requested extradition for several acts, of the

which at least one meets the conditions referred to in paragraphs 1 and 2, Edition

is the reciprocal arrangements permissible for other acts, if

under the law of the United States were crimes.



§ 91



Qualification



(1) issue of a person to a foreign State is inadmissible, if



and public citizen), the Czech Republic, which spoke of them with your

the release of the consent,



(b)) this is a person that has been granted to international in the Czech Republic

protection, to the extent of the protection provided by this person another legal

law or international treaty,



(c)), that person would have been the release due to their age, personal circumstances and

the severity of the offence for which extradition is requested, probably disproportionately

affected,



d) prosecution for the same Act, it is illegal in the Czech Republic

as a result of a pardon or amnesty, if an act falls within the

the scope of the criminal law of the Czech Republic,



e) an offence for which extradition is sought is a criminal offence subject to

Edition,



f) an offence for which extradition is sought is solely political or

military,



g) an offence for which extradition is sought shall consist solely in violation of

tax, customs, foreign exchange or similar provisions of a foreign country,

If it is not guaranteed to be reciprocity,



h) for an offence for which the extradition is requested, it is possible in a foreign State

Save the death penalty and the foreign State does not provide the assurance that the death penalty

will not be saved or executed,



I) foreign State applies for the issue in order to pursue the death penalty,



j) criminal liability or punishment of unconditional imprisonment

for the same deed would have been under the law of the United States barred,



k) in the Czech Republic against the same person leads the criminal proceedings for

an offence for which extradition is requested, or an offence for which the authorisation is sought

the issue has been fully or partly committed on the territory of the Czech Republic, in addition to

in cases where it is necessary to give priority to the implementation of a criminal prosecution in a foreign

State, in particular, because of the proper establishment of facts or of

grounds relating to punishment or protective measures or their

performance,



l) criminal prosecution for the same Act held against that person in the United

Republic ended in a final judgment of a court or decision

the Court or the Prosecutor finally stopped or ended in another

by a decision having the same effect, if such a decision was not

repealed,



m) criminal prosecution for the same Act held against that person in a different

Member State or in an associated State, ended with a decision

creates a barrier to matter has been finally decided in accordance with § 11 para. 2

the criminal procedure code, or criminal prosecution for the same Act on this

the person in the third State ended in a conviction or

another court decision having the same effect, if such a decision

It was not cancelled and if the punishment if the person whose extradition goes,

stored, has already been executed, is currently being carried out or under the law of

the convicting State can no longer be enforced,



n) State, from which it was the person whose release goes, before to the Czech

the Republic issued or passed pursuant to the provisions of part five, title II,

has not given his consent to the release of the other State, with the exception of cases, when the

speciality does not apply,



about) would be in breach of the obligations arising for the Czech Republic from

international treaties on human rights and fundamental freedoms, or



p) is a reasonable concern that the person whose release goes, was in a foreign

the State exposed to persecution on account of their origin, race,

religion, gender, membership of a particular ethnic or other

the group, nationality or for their political views or other

similar reasons or that worsen its position in the criminal

proceedings or during the performance of unconditional imprisonment or

the protective measure involving deprivation of liberty.



(2) the assurance referred to in paragraph 1 (b). (h)) and the consent referred to in paragraph 1.

n) requested by the Ministry.



§ 92



The preliminary investigation



(1) the purpose of the preliminary investigation is, in particular, to determine whether the release of the person to

foreign State does not prevent the matters referred to in section 91 paragraph 2. 1.



(2) the public prosecutor carries out a preliminary investigation, becomes aware of

the crime for which a foreign State could apply for release, or if it is a

the Prosecutor's Office by the Ministry referred to the request of a foreign country on the issue.

A preliminary investigation is initiated by the detention of the person whose extradition or

by requesting the necessary messages. If a initiated a preliminary investigation without

delivered to the extradition request, the Prosecutor immediately asks

Ministry to the competent foreign authority has informed of the initiation of

the preliminary investigation and invited it to send a request for extradition.



(3) the procedure referred to in paragraph 2 shall not apply if they are not aware of sufficient

for information about the



and to the person whose) Edition goes,



(b)) the existence of a conviction, an arrest warrant or other

the decision having the same effect, issued in a foreign State to a person whose

Edition goes,



c) deed, for which the extradition is sought or may be applied for, including

indication of the time and place of a criminal offence and its legal qualification, as well as

the upper limit of the penalty that may be stored in a foreign State, or

the amount of the penalty, which was saved in a foreign State.



(4) If not doing so already during detention, the Prosecutor, the person

the Edition goes, listen, get acquainted with the rationale for her release, and instruct her to

agree with your options, the release to a foreign State and on the terms and


the consequences of voicing such consent, including that with by saying

consent to the release is associated a waiver of the application of the principle of speciality.



(5) if the person whose release goes, lists important circumstances that

fundamentally question the Commission of an offence for which a

the issue is or might be required, and offers concrete evidence about them,

the Prosecutor shall inform about it through the Ministry of the foreign State, and

in justified cases, the Ministry will ask for action expression

foreign State.



(6) If a question arises as to whether or to what extent is a person about

the Edition goes, excluded from the powers of the bodies active in criminal proceedings,

decide on the design of this person or the public prosecutor, the Supreme

the Court.



(7) State representative terminates the preliminary investigation, if



and foreign State) that could apply for release, through challenge to effect service request

on the issue,



(b) the foreign State) nedoplnil all of the required elements of the application, including

the annexes,



(c)) the person whose release it has died,



(d)) the person whose release it, would not be under the laws of the United

the Republic due to their age criminally liable,



e) person whose release goes, cannot be detained due to the prerogative or immunity,

for which is excluded from the powers of the bodies active in criminal proceedings,



(f)) the person whose release goes, is not present in the territory of the Czech Republic

or place of residence is not known,



g) reported that foreign State for extradition of a person no longer has an interest in, or



(h)), the extradition request was received after the decision that the

the person whose release goes, it will be transferred to another State in accordance with part five

Title II, or after enabling extradition to another State, or after you enable

transfer to the International Court institution.



(8) the preliminary investigation is completed also by application according to § 95 para.

1 or pursuant to § 96 para. 2.



(9) on the completion of the preliminary investigation, the Prosecutor shall immediately inform the

the Ministry; If it is terminated in accordance with paragraph 7, also an attorney.



§ 93



The detention



(1) the Prosecutor or the police with the consent authority may withhold

a person whose release it, if given the reason for the temporary custody and if they are

aware of information referred to in § 92 para. 3. the police authority is authorised to

make the detention of such a person even without the prior consent of the State

Representative, if the thing does not tolerate delay, and the consent of the public prosecutor

Unable to obtain in advance. It is, however, obliged to made the detention without delay

to notify the public prosecutor and hand him a copy of the log that wrote when

detention, and other supporting documents, that the Prosecutor needs to

Alternatively, he could file a petition for withdrawal into temporary custody.



(2) the Prosecutor or the police authority responsible for the detention,

the apprehended person shall be heard and of the hearing report, which marks the

the place, time and circumstances of detention and give more personal details withheld

persons, as well as substantive reasons for detention. The apprehended person shall instruct already in

during the detention the possibility must agree with your release to a foreign

the State and the conditions and consequences of voicing such consent, including

that by saying the consent that is associated with the release of a waiver of the application of the

the principle of speciality. The apprehended person has the right to request that the hearing when the

the detention of a lawyer was present, unless it is within the time limit referred to in

paragraph 3 of the unattainable.



(3) State representative shall surrender the detained person to court for taking into

temporary custody within 48 hours of detention. If not so,

This person must be immediately released.



(4) in accordance with paragraphs 1 to 3 cannot do after the application to

decision pursuant to § 95 para. 1.



§ 94



Temporary custody



(1) if the facts justify the concern of the escape of the person

the issue goes to the Senate, the President may, on a proposal of the State Prosecutor and after

submission of the proposal for a decision pursuant to § 95 para. 1 even without such a proposal

decide on the issuing of temporary custody; the provision of section 67 and 68

the criminal procedure code will not apply. The decision on issuing of temporary custody

the complaint is admissible. On deciding on the detained person shall be

§ 77 paragraph 1 shall be used. 2 of the code of criminal procedure.



(2) on the next steps regarding the temporary custody will not apply the provisions of § 71

paragraph. 1 third sentence. 2 (a). (b)), § 72-72b, 73b paragraph §. 1, para.

3-5, para. 6 second sentence, § 73 c (a). and) and section 74a of criminal procedure. Other

the provisions of title of the fourth section of the first code of criminal procedure are used

adequately with the fact that where these provisions speak of preparatory proceedings,

This means the preliminary investigation.



(3) a person whose release it, the public prosecutor shall be released immediately from

temporary custody, if the preliminary investigation was initiated without delivery

the request of a foreign State for extradition and the application has not been the Ministry of

delivered within 40 days from the date of issuing of temporary custody; This does not apply if

a simplified release. The release of a preliminary binding does not exclude new

taking into temporary custody, if the request for extradition is subsequently received.

Effects of delivery and receipt of the request has the highest State

the Prosecutor's Office, the representative office of the Czech Republic in a foreign State

or the Ministry of Foreign Affairs.



(4) the withdrawal of a person to a preliminary binding and release of this binding

the judicial authority shall notify the Ministry.



§ 95



The Court's decision



(1) after the end of the preliminary investigation, the Court decides on a proposal from the State

the representative of a public meeting, whether the issue is permissible. The provisions of §

paragraph 188. 1 (b). (e)) code of criminal procedure of referral back to the Prosecutor to

the DGA. Against this decision is admissible a complaint,

which shall have suspensive effect.



(2) If a question arises as to whether or to what extent is a person about

the Edition goes, excluded from the powers of the bodies active in criminal proceedings,

decide on the design of this person, the public prosecutor or the Court of

The Supreme Court.



(3) if the decision of the Court at the time of the person whose issue is it,

not present on the territory of the Czech Republic, or stay for the unknown

repeatedly fails to ensure its presence at a public meeting, the Court

Prosecutor rejects the proposal. As well, the Court shall proceed, if, after the

submission of the proposal referred to in paragraph 1 arises the reason for the termination of the interim

the investigation referred to in § 92 para. 7 (b). (c)), e) or g) or has been identified

the reason for the completion of the preliminary investigation referred to in § 92 para. 7 (b). (d)).

If the person whose release it, at the time the decision of the Court is

in custody, the Court decides on its release. This decision can be taken

even in a private session. Against those decisions is admissible a complaint

the public prosecutor.



(4) if the Court makes that release is not admissible, and the person whose release

It is in the temporary custody, decides at the same time of its release. Against the

This decision is admissible a complaint to the public prosecutor, which has

suspensory effect only if it was made immediately after its publication in the

the decision and at the same time if it was a complaint by the public prosecutor against the

a decision on that issue is not permitted.



(5) when the decision about whether a release is permissible, the President of the

the Chamber shall refer the matter to the Ministry. If the Minister of Justice

doubts about the correctness of the decision of the Court may within 3 months

from the date on which the matter was submitted to the Ministry, lodged with the Supreme Court

a proposal for the review of such a decision.



(6) if the Supreme Court rejects the request, the Minister of Justice

the contested decision revoked and shall proceed mutatis mutandis in accordance with paragraphs 1 to 5,

or returns the case to the Court, if it cannot be found a defect in the proceedings before the Supreme

the Court of delete.



§ 96



Simplified issue



(1) a simplified release is made, if the person whose release goes,

before the President of the Senate in the presence of defence counsel states that he agrees with the

his release to a foreign State. Before saying the consent to its release

Chairman of the Board must be advised of the importance of such consent, in particular

that issue will be done without a decision on the admissibility of a

authorisation of release, and also about the consequences of that are associated with it,

including the waiver of the application of the principle. Consent cannot be

take it back.



(2) if the person whose extradition as referred to in paragraph 1 shall declare that

agrees to its release to a foreign State, the provisions of § 90, section 91 paragraph 2. 1

(a). and), c) to (g)), j) and (m)), § 92 para. 7 (b). and), § 95 and 97,

and of course the Prosecutor after the end of the preliminary investigation shall submit a proposal

Court to taking that person into custody or expended on the conversion of the preliminary

binding to bind the extradition, or submits a proposal to postpone the issue. If the Court finds

the Prosecutor, that is given by one of the grounds of inadmissibility issue

referred to in section 91 paragraph 2. 1 (b). (b)), h), (i)), k), (l)), n), o) or (p)),

proceed as though the person consent to the release of information.



(3) if the person whose release goes, in temporary custody,

the public prosecutor or police authority with the consent of the person

holds. State representative shall surrender the apprehended person Court with a proposal for its

withdrawal of the extradition binding no later than 48 hours from detention, otherwise it must


be released. President of the Chamber shall proceed in deciding on the

detained person mutatis mutandis in accordance with § 77 para. 2 of the code of criminal procedure.



(4) If a person whose release goes, in temporary custody,

President of the Chamber shall hear and decide it on the proposal of the State Prosecutor to

conversion of temporary custody on a binding extradition. About the time and venue

questioning the President of the Senate shall inform the defense attorney and the Prosecutor.



(5) If, after the filing of the application referred to in paragraph 2 occurs, the reason for

completion of the preliminary investigation referred to in § 92 para. 7 (b). c), (e)), or

g) or has been identified the reason for the completion of the preliminary investigation referred to in section

92 para. 7 (b). (d)), the Chairman of the Senate proposal will be rejected. If a person,

the Edition goes, at the time the decision of the Court is in custody, the President of the

the Senate will decide on its release. Against those decisions is

admissible complaint to the public prosecutor. The proceedings on the issue of ending legal power

the decision rejecting the proposal referred to in paragraph 2.



(6) If the person whose release goes, give their consent to its release to

in the course of public sittings held on the admissibility of extradition, the State

the representative withdraws its proposal pursuant to § 95 para. 1 back and follow the

paragraph 2, first sentence. The proposal may withdraw no later than the time before

the Court removes the final consultation.



(7) the provisions of paragraph 6, he pointed out, if the Prosecutor finds that there is a

one of the reasons given to the inadmissibility of the issue referred to in section 91 paragraph 2. 1

(a). (b)), h), (i)), k), (l)), n), o) or (p)).



(8) the Prosecutor shall inform forthwith by the Ministry of

foreign State requesting the release or could apply for release on consent

with the release of the person, unless the person as if he progresses, the consent to the release of

has not ruled.



§ 97



The decision of the Minister of Justice



(1) the issue of permits to the foreign State, the Minister of Justice. May so

only do so after the decision that the release is permissible.



(2) even when it was finally decided that the release is permissible, it may

the Minister of Justice to decide that issue. Issue of permit

If the execution priority decided on the European arrest warrant.



(3) in relation to decision of the Minister of Justice may

the Ministry require the necessary documents from other public authorities,

that he is obliged to provide the necessary synergies.



(4) After the decision that the release is not admissible, shall notify the

the Ministry of the foreign State that the release cannot be enabled, except

When the Minister of Justice shall refer the matter to the Supreme Court for review.



(5) the Minister of Justice ends the proceedings if, after

the case was presented to him in accordance with § 95 para. 5, the reason for their

the preliminary investigation referred to in § 92 para. 7 (b). (c)), e), (f) or (g)))

or if it was found the reason for the completion of the preliminary investigation referred to in section

92 para. 7 (b). (d)).



(6) the release of the person whose extradition the Minister of Justice did not

According to paragraph 2, first sentence, or in respect of which terminate proceedings on the issue,

temporary custody orders of the President of the Senate.



§ 98



Supplemental information



If they need additional information to assess the matter, the Ministry of

the provision asks the foreign State.



§ 99



The postponement of the issue



(1) the President of the Chamber may decide to postpone the extradition for a period after

that her presence is required in the Czech Republic in connection with the

other than a criminal act that is the subject of an application for release, for

the purpose of criminal proceedings conducted in the Czech Republic, unconditional performance

penalties involving deprivation of liberty or a detention order of a safeguard measure

personal freedom, which were finally saved by a Court of the United States.

Decision to postpone release of the President of the Senate can do after

the Minister of Justice has authorized the release of the person, or when you give permission

persons whose extradition goes, when simplified issue until the surrender of the person

the authorities of the foreign State. If arises during this time, a new reason for

the postponement of the issue, the President of the Chamber may decide to postpone the release from

for this reason. When making a decision to postpone release of the President of the Chamber shall take

account in particular of the seriousness of the offence for which the person is to be

released, the severity of the offence, in respect of which it is proposed to

the postponement of the issue, the possibility of a transfer or release of a person from a foreign country

back to the United States, as well as the possibility of a temporary transfer of the person to

foreign State.



(2) to postpone the release of the President of the Chamber may decide, on a proposal from



and Ministry)



(b)) the Prosecutor



(c)) the Court and, in preliminary proceedings the public prosecutor competent to conduct

criminal proceedings in the Czech Republic,



(d)) the Court that gave the judgment at first instance in a case in which the person

the Edition goes, finally saved an unconditional sentence of imprisonment

or protective measure involving deprivation of liberty, or



e) persons whose release.



(3) if the proposal to postpone the release of the Court or the Prosecutor did not

referred to in paragraph 2 (a). c) or (d)), the President of the Chamber, before

the decision to postpone the release asks for his opinion.



(4) If a person in preliminary detention or extradition, the President of the Senate

at the same time with the decision to defer its issuance will decide on its

the release of such links.



(5) the decisions referred to in paragraphs 1 and 4, the complaint is admissible. Against the

the decision to release from custody can lodge a complaint only if

at the same time filed a complaint against the decision to postpone the release.



(6) if at the time when extradition is delayed, the same State of further application

on the issue of a different offence for which the release was allowed to

the procedure for such a request, the competent authorities, which have been active on the

the initial request for the release of this person.



(7) if the reason for postponement has ceased the release, President of the Chamber shall proceed in accordance with §

101.



(8) the President of the Chamber terminates the proceedings on the issue, if there is a reason for

completion of the preliminary investigation referred to in § 92 para. 7 (b). (c)), e), (f))

or g) or if it was found the reason for the completion of the preliminary investigation

referred to in § 92 para. 7 (b). (d)). President of the Senate shall proceed Anyway,

If the Minister of Justice with regard to the change of circumstances, set aside their

the decision to allow extradition and did not release.



§ 100



Temporary pass



(1) if the release is postponed, at the request of the Chairman of the Senate Foreign

the State decide to allow the temporary transfer of the person, whose extradition and

located in the Czech Republic in custody, in a performance of unconditional

penalties involving deprivation of liberty or a detention order of a safeguard measure

personal freedom, to a foreign State for criminal prosecution.



(2) the implementation of the temporary transfer shall ensure that the President of the Senate.



(3) temporary transfer can only be permitted if the foreign State shall provide the

the assurance that a person will be for the duration of the temporary transfer shall be limited to personal

freedom and that it will be applied against the required limits resulting from

because of the binding on the territory of the Czech Republic.



(4) If a person to be temporarily surrendered, in custody, can

be a temporary transfer allowed only with the consent of the Court and, in preliminary

proceedings the public prosecutor competent to conduct criminal proceedings in the United

Republic.



(5) the temporary handing over of power interrupt binding, unconditional sentence

imprisonment or protective measures involving deprivation of

freedom in the Czech Republic.



(6) the decision of the President of the Chamber shall set a reasonable time limit, which may not

be longer than one month, within which the person so surrendered shall be temporarily returned.

This period can be in agreement with the competent foreign authority to extend the

only for the same purpose for which it was the temporary transfer of the person authorised.

If the return of a person to a foreign State or other circumstances preventing or

If the return of the people endanger her life or health, it must be

the person returned without undue delay after the disappearance of such barriers.

The temporary transfer of the person can be enabled.



§ 101



The binding and the implementation of extradition issue



(1) after a decision of the Minister of Justice for authorization and release

a simplified edition of on the proposal of the public prosecutor shall decide the President of the

the Senate of taking the person into custody or expended on the conversion of temporary custody

on the binding, has not decided if the extradition to defer the issue. The provision of section 67 and 68

the criminal procedure code will not apply. If the presence of the person whose extradition

It is, when deciding on extradition binding to provide otherwise and unless it is a

simplified issue, the procedure under section 69 shall apply mutatis mutandis the criminal procedure code;

in this case, § 79 paragraph 2. 1 and § 193 para. 1. About your

decision of the President of the Chamber shall without delay notify the Ministry.



(2) the procedure referred to in paragraph 1 shall be applied, even if the person is in the

custody, in the performance of unconditional imprisonment or protective

measures involving deprivation of liberty. In this case,

the person shall be released from detention, President of the Chamber of the Court which conducts proceedings in

the preliminary proceedings, the Prosecutor exercising supervision of adherence to

the legality and performance of unconditional imprisonment or

the protective measure involving deprivation of liberty, the President

the Chamber of the Court which gave the judgment at first instance in a case in which they were


such punishment or protective measures stored.



(3) on the next steps regarding the expended links go from the provisions of § 71

paragraph. 1 the second and third sentences. 2 (a). (b)), § 72-74a of the criminal

of the order. Other provisions of the title of the fourth section of the first code of criminal procedure, the

used appropriately. On the request of the person whose extradition is going on, about the release of the

extradition custody by the Court. The decision on the release from extradition

the binding is admissible a complaint to the public prosecutor, which has suspensive

effect. Against the decision rejecting the request for release of the extradition

the binding is admissible a complaint.



(4) following notification by the Court under paragraph 1, shall agree with the Ministry

the competent authorities of a foreign State, the term release of the person. The release of the person

the competent authorities of a foreign State and the consequent release of a person from

President of the Chamber shall ensure that binding extradition.



(5) the Extradition may take a maximum of 3 binding of the month. The person whose release

It must be from the expended links released no later than

the last day of this period. If the issue could not be made due to the

unforeseen circumstances, the President of the Senate before the end of this

the time limits determined on a proposal from the Ministry on its extension up to 3

of the month. The total length of the expended links must not exceed 6 months; It

shall not preclude the taking of a person in extradition custody based on new applications of foreign

the State of her releases for the same offense.



(6) The maximum duration of the expended links is not counted

time,



and when you are on) a person whose release goes, seen as the applicant of the

international protection,



(b)) that it was the Constitutional Court postponed enforcement of the

permit issuance,



(c)) that have elapsed since receipt of the request of the European Court of human rights

the Ministry, in order to release was not carried out until the European Court

of human rights will decide on the complaint of the person whose extradition it comes up to the

such a decision.



(7) the President of the Senate, a person from the expended links shall immediately be released and ends

procedure for the issue, if there is a reason for the completion of the preliminary investigation

referred to in § 92 para. 7 (b). (c)), e) or g) or has been identified to

for the completion of the preliminary investigation referred to in § 92 para. 7 (b). (d)).

Similarly, the President of the Chamber shall proceed, if the Minister of Justice with the

given the change in circumstances has canceled its decision to permit the issue and

the release did not. President of the Chamber terminates the proceedings on the issue also in

If that occurs, the reason for the completion of the preliminary investigation referred to in section

92 para. 7 (b). (f)).



§ 102



The accumulation of more applications of foreign States for extradition



(1) If a request were received more foreign States for extradition of the same

the person conditions of admissibility of the release shall be assessed in relation to each of the

These applications separately. In this case, it is for the management of

the admissibility of the issue on the basis of later received requests for extradition

the competent court, which is competent for the proceedings on the admissibility of the issue on the

the basis of previously received requests for extradition. After the decision of the

the admissibility of the release of the Minister of Justice will decide which State

that person will be released. At the same time can grant the consent to its release into the

the next State on her release.



(2) when deciding which foreign State the person will be released, the Minister

Justice shall consider, in particular, the order in which applications were received,

the circumstances of the offences for which extradition is sought, including

their severity, type and amount of sentencing and the probability of

the States concerned can make further extradition from a State

which would have been released from the United States, as well as whether it is claimed

the issue for the purpose of criminal prosecution or the execution of unconditional punishment

imprisonment or protective measures involving deprivation of

freedom.



(3) the provisions of § 96 in the case of overlapping requests to release he;

If the person whose extradition it has already agreed with its release,

such consent shall be disregarded.



§ 103



The extension issue



(1) the provisions of this part shall be used in the proceedings on the application

the foreign State to which the person was released on consent



and prosecution for another) an act committed prior to the release, for which

the release was allowed,



(b) performance penalty) or protective measures imposed for such

deed, or



(c)) with the release to a third State for prosecution for such a deed

or for the performance of unconditional imprisonment or protective

measures involving deprivation of liberty imposed for such

deed.



(2) the proceedings on any such application, the competent authorities, which have been active

concerning the original request for extradition of that person.



(3) the Tribunal shall decide whether to grant approval of enlargement Edition

admissible at a public hearing in the presence of the Prosecutor and

the defence counsel of the person in respect of which the consent was requested. Person,

in respect of which the consent was requested, the only challenge is delivered

to choose a defence counsel, the provisions advocate and a decision on the admissibility or

the inadmissibility of giving consent to the enlargement issue. If it has not

foreign State representation of the person to the expansion issue, the procedure the Ministry of

mutatis mutandis in accordance with § 88 para. 3.



(4) the consent referred to in paragraph 1 is not necessary if the person in front

foreign court after his release gave up the application of the principle of speciality

or if a simplified release took place. In this situation, the Ministry of

inform the foreign authority of that fact.



§ 104



Passing things



(1) at the request of a foreign State to surrender the things that has the person whose

Edition goes, to each other and that could in a foreign State to serve as evidence in

criminal proceedings or that derive from criminal activities, these things can be

to ensure. In doing so, it shall proceed mutatis mutandis under Title I, parts 2 and 3. These

things can be a foreign State to pass, even if the person whose Edition goes to die

or flees.



(2) by passing it to a foreign State, the things shall cease, if they

the rights of a third party does not apply. In this case, shall make the transfer

their return to the United States.



TITLE III



THE TRANSMISSION AND RECEIPT OF CRIMINAL PROCEEDINGS



Part 1



Transfer of criminal proceedings in a foreign State



§ 105



(1) the criminal proceedings is possible to pass to a foreign State if the deed,

for which it is conducted, it is also a crime under the law of that State and falls within the

the powers of its institutions.



(2) the criminal proceedings is possible to pass to a foreign State, if they were on the territory of the

The United States collected all available evidence, and if it can be reasonably

assume that the purpose of criminal proceedings in this State will be achieved

better than on the territory of the Czech Republic.



(3) the criminal proceedings cannot be passed to a foreign State, if it is given by one of the

the reasons mentioned in section 91 paragraph 2. 1 (b). (h)), on) or p).



(4) when assessing the merits test transmission of criminal proceedings in a foreign State

It is necessary to take into account, in particular, whether



and you can achieve) release or surrender of the person, against whom criminal proceedings

conducted in the United States,



(b)), the person against whom criminal proceedings are conducted, is located on the territory of the

This foreign State,



(c)), the evidence, in particular the witnesses are in the territory of a foreign State,



(d) the foreign State) already leads against that person for the same Act of criminal

management,



(e) the transfer of criminal proceedings) to the foreign State does not cause major

delays in proceedings,



f) consideration of the case in the Czech Republic does not require that the nature of the protected

interest, which was a criminal act, or the circumstances under which it was

the deed was committed,



(g)) by passing the criminal proceedings to that foreign State will not be the victim

deprived of the ability to claim their rights.



Section 106



(1) the transfer of criminal proceedings in a foreign State is possible only on the basis of the

the Prosecutor's request and after the indictment on the basis of the request

the Court. Request to take charge of the criminal proceedings the public prosecutor shall submit a

The Supreme Public Prosecutor's Office, the Court Ministry.



(2) the central authority of the request to take charge of the criminal proceedings shall examine in particular,

having regard to the conditions and requirements arising from this Act or the

international agreements and requirements arising from the existing mutual

contact and send it to a foreign State, if it does not return together with the

the reasons for which it was not possible to send to the foreign State. In the context of

with the examination of requests to take charge of the criminal proceedings, the central authority of the

request the judicial authority of the necessary corrections and additions. The opinion of the

the central authority for the judicial authority is binding.



(3) the judicial authority may request to take charge of the criminal proceedings and any

other documents sent directly to the cizozemskému body only

If an international agreement to avoid direct contact of the judicial authorities in

transfer of criminal proceedings.



§ 107



Request to take charge of the criminal proceedings



(1) a request for the taking over of criminal proceedings contains, in particular,



the judicial authority), which asks about receipt of the criminal proceedings,

and the date of the writing of the application,



(b)) the data on the person against whom criminal proceedings,



(c) a description of the deed), his legal qualifications with the literal wording of the provisions of the


criminal law, including the provisions on the limitation period, and where applicable, the provisions of

other legislation



d) grounds on which the application is made for the takeover of the criminal proceedings, including

the reasons for which it can be assumed that the purpose of the criminal proceedings shall be in

foreign State achieved better than on the territory of the Czech Republic,



e) data on the duration of the restriction of personal freedom and to ensure things and property,



(f)) the requirement that a foreign State, with information about final decision

made in the proceedings, which had taken over, and where appropriate, forward the original or

a certified copy of such decision,



g) recovery would be real evidence, if it is connected to the application and

There is a need in the Czech Republic.



(2) the application shall be accompanied certified copy or original of the criminal case file

or a substantial part thereof. Material evidence connects, if it is with

due to their nature may be, otherwise it will join their list and description,

including the identification of their relation to the criminal proceedings.



(3) at the request of a foreign authority, the Prosecutor, and after administration

the prosecution, the Court and the addition of supplementary information required for the purposes of

a decision on the request to take charge of the criminal proceedings.



section 108



The temporary waiving of certain acts of criminal proceedings



(1) a judicial authority before sending the request to take charge of the criminal proceedings to the

the foreign State concerned shall decide on the temporary waiving of certain acts criminal

proceedings for an offence for which the acceptance of the criminal proceedings is requested.



(2) during the temporary abandonment of certain acts of criminal proceedings can be

perform only urgent or unrepeatable acts, or acts

necessary for the transmission of criminal proceedings in a foreign State; penalty or

protective measures cannot be enforced.



(3) if they have been made urgent or unrepeatable acts, judicial

authority through the central authority shall inform about this fact

foreign authority responsible for receiving a request for acceptance of the criminal

proceedings and refer him filing material, that was when the Act bears.



(4) the judicial authority shall decide on the termination of the temporary waiving of certain

the acts of the criminal proceedings, if



and the request to take charge) of criminal proceedings has been withdrawn,



(b) the foreign State shall notify), that in the case of proceedings does not take place,



(c) the foreign State Additionally revoke) its decision on the takeover of the criminal

management,



d) foreign State announces that he will not continue in the proceedings or terminates the proceedings,

or



(e) the foreign State through the iterative) query and warning that the authorities of the Czech

States may continue in the criminal proceedings or to order the execution of a sentence,

fails to notify his decision of whether criminal proceedings takes over.



section 109



Withdrawal of a request for taking charge of criminal proceedings



Request to take charge of criminal proceedings can be taken back to a time before the foreign

the State decides. If the decision has already been foreign state takeover of criminal proceedings,

You can request that your decision.



§ 110



Transfer of criminal proceedings against a person in custody



(1) the transfer of criminal proceedings instituted against a foreign State

National persons in custody in the Czech Republic and pass

such a person to a foreign State is possible only in the case that you need to put

prefer to perform a criminal prosecution in a foreign State, in particular because of the

the proper establishment of facts or reasons relating to punishment

or protective measures or their performance. Transfer of criminal proceedings

in this case, the only possible



and on the basis of international agreements),



(b)) if reciprocity is also guaranteed, as regards criminal forwarding

proceedings against the person in custody,



(c)) if it is a crime that



1. was committed wholly or in part in the territory of a foreign State,



2. closely related to the offence that is prosecuted in a foreign

State, or



3. was committed against persons who are not located on the territory of the United

States, or



(d)) if the foreign State conducts criminal proceedings against the same person for

the same deed.



(2) the request to take charge of the criminal proceedings against the person in custody in the United

Republic also contains a detailed description of the established facts

justifying the link and information about the length of detention and the place of its done

performance. The judicial authority at the same time asks the foreign authority of the accelerated

a decision on such a request within the time limit referred to therein; the time limit shall be fixed with

taking into account the time limits referred to in section 72 of criminal procedure.



(3) after the foreign State has announced that it has granted consent to the taking over of criminal

the proceedings and persons, the central authority shall agree with the foreign authority, the term

surrender of the person. Transfer of the person cizozemskému the authority and related

release from custody shall ensure that the President of the Senate and in preliminary proceedings the State

representative.



§ 111



Transmission of the proceedings for the imposition of a protective treatment or security detention



Under this part shall proceed mutatis mutandis also in the transfer of control of the

Save the protective treatment or the security of the detention to a foreign State.



Part 2



Taking over of criminal proceedings in a foreign State



§ 112



Criminal proceedings can be taken from the foreign State if the deed, for

that is, it is a crime under the law of both the United States and falls within the

the powers of the authorities of the Czech Republic.



§ 113



The decision to seize the criminal proceedings



(1) on the request of a foreign authority to seize the criminal proceedings shall decide

The Supreme State Prosecutor's Office. If it decides that the criminal proceedings

takes over, it can immediately rise to the initiation of criminal proceedings to the competent

otherwise, the public prosecutor's Office to take over criminal proceedings returns

cizozemskému authority, indicating the reasons for which it was not criminal proceedings

taken.



(2) If an international agreement to avoid direct contact of the judicial authorities in

transfer of criminal proceedings, the decision on the request of a foreign authority, of the

taking over of criminal proceedings the public prosecutor, who would otherwise be competent

to exercise the supervision of adherence to legality in preparatory proceedings.



(3) if information contained in the request of a foreign authority, of the

taking over of criminal proceedings and its annexes are not sufficient for

decision on the acceptance of the criminal proceedings, the authority competent to decide on the

such request asks the foreign authority of their Tween in it

the prescribed time limit. If the foreign authority declined to return the requested data within

the specified time limit, without substantial reasons stated, the request returns.



(4) in connection with the decision on the request of a foreign authority, of the

taking over of criminal proceedings can the competent authority to decide on such

request the necessary reports from other public authorities.



(5) the authority which decided on taking over criminal proceedings, of its decision

shall promptly inform the foreign authority.



section 114



Usability of evidence bearing foreign body



The evidence bearing the foreign authority in accordance with the laws of a foreign

the State can be used in arriving at the criminal proceedings as well as if they were

bear the authority of United States law enforcement.



section 115



The authority which decided to seize the criminal proceedings, the foreign

authority of the final decisions taken in criminal proceedings.



§ 116



The return of criminal proceedings



Subjects taken in the course of criminal proceedings, the reason for that can be

assume that the purpose of criminal proceedings in a foreign State which

criminal proceedings in the Czech Republic forward, achieved better than on the territory

The United States, the body that decided to seize the criminal proceedings,

return the criminal proceedings cizozemskému authority. When you return the criminal proceedings

cizozemskému the competent authority shall proceed mutatis mutandis in accordance with part 1.



§ 117



Taking over the proceedings for the imposition of a safeguard measure the corresponding protective

healing or security detention



Under this part shall apply mutatis mutandis also in taking control of the proceeds of

the imposition of a safeguard measure, the corresponding protective treatment or

security detention from a foreign State.



TITLE IV



RECOGNITION AND ENFORCEMENT OF DECISIONS IN RELATION TO A FOREIGN STATE



Part 1



Recognition and enforcement of foreign decisions



Section 1



General provisions



§ 118



Foreign decision



According to this piece are the procedures for recognition and enforcement of judgments, which

foreign authority has been issued in connection with a criminal offence, or

otherwise a criminal offence and was liable to a penalty or protective measures

or was it saved them or the execution of conditionally waived (hereinafter referred to as

"foreign judgment").



§ 119



(1) in proceedings for the recognition and enforcement of foreign judicial decisions

authorities meet with foreign authorities exclusively through

of the Ministry.



(2) citizens of the United States, who are in a foreign State in the performance of

unconditional imprisonment, protective measures associated with

deprivation of liberty or otherwise restricted to personal freedom, the

the documents in the proceedings on the recognition and enforcement of a foreign judgment delivered

through the Ministry of.



§ 120



The conditions for recognition



(1) a Foreign judgment can be recognised in the Czech Republic, if the



and so provides) an international agreement or reciprocity is guaranteed,



(b)) was released in connection with an act that would have filled the characters


the constituent elements of a criminal offence under the law of the United States,



(c)) was released in the proceedings, which corresponded to the obligations arising for

The Czech Republic international treaties on human rights and fundamental

freedoms,



(d)), the decision of the deed refers to, does not have exclusively political or

military,



e) imprisonment would not be under the laws of the United States barred,



(f)) in the Czech Republic there was no criminal prosecution against the same person for

the same Act, which ended by a final judgement of a court or by a final

stopping criminal prosecution or other decision, with the same

effect, unless such decision has been annulled, the



(g)) on the territory of the Czech Republic been recognised by other aliens

the judgment against the same person for the same Act,



h) the person against whom the decision is directed, the aliens would be according to the

the legal order of the Czech Republic due to their age criminally liable,



I) the person against whom the decision is directed, the aliens is a citizen of the United

Republic and the



j) the person against whom the decision is directed, the aliens do not enjoy the privileges and

immunities, for which is excluded from the powers of the bodies active in criminal

control.



(2) the provisions of paragraph 1 (b). He, I) in the case of recognition of the

recognition of the decision imposing the penalty of disqualification, the penalty

the confiscation of property, or the penalty of confiscation or protective measures

prevents things. This provision shall he also, in the case of takeover

the performance of unconditional imprisonment or protective measures

involving deprivation of liberty imposed foreign decision

and it was decided the issue of the inadmissibility of the person concerned, by reason of the

referred to in section 91 paragraph 2. 1 (b). (b)), (c)),),) or p) decided to

the Minister of Justice, that its release will not allow, or it was decided

on its non-to another Member State, as referred to in section 205

paragraph. 2 (a). (g)) l) or m) or to the Republic of Iceland (hereinafter referred to as

"Iceland") or the Kingdom of Norway (hereinafter referred to as "Norway") for similar

reasons.



(3) with regard to the recognition and enforcement of a foreign judgment relating to

a citizen of the United Kingdom, such a judgment can be recognised with his consent and

without meeting the conditions referred to in paragraph 1 (b). and).



(4) in the case of the takeover of the citizen of the Czech Republic for the performance of a foreign

the decision imposing the imprisonment or protective

measures involving deprivation of liberty in the United States, can be

the decision to recognise the aliens with his consent for humanitarian reasons and

without meeting the conditions referred to in paragraph 1 (b). (b)) to (h)).



(5) if the procedure under this part the doubt about whether or

to what extent is the person against whom the decision is directed, the aliens removed from

the powers of the bodies active in criminal proceedings, decides on a proposal from

that person, the Prosecutor, the Court or Department of the Supreme Court.



Section 2



Proceedings for recognition and enforcement of foreign decisions



§ 121



(1) proceedings for the recognition and enforcement of a foreign judgment shall be initiated

by application to the Ministry on the recognition and enforcement of foreign decisions

forwarding the request to the foreign State, or of the withdrawal of the person against whom

foreign decision is being appealed, to the custody of the Court. The Ministry is

authorized, in connection with such proceedings, affix the necessary supporting documents,

in particular, request the necessary reports from other public authorities.

The Ministry may take the proposal back to the time before the Court of first instance

Removes the final consultation. The proceedings are terminated by withdrawing the application.



(2) If recognition of a foreign decision shall be conditional upon the consent of the person

the aliens against whom the decision is directed, and which is located in the performance

unconditional imprisonment or protective measures of the United

deprivation of liberty in a foreign State, the Ministry of the

the measures apply to the competent Embassy of the United States in a foreign

State. If the person against whom the decision is directed, the aliens on the

the territory of the Czech Republic, the Ministry may ask for measures of its

the consent of the District Court in whose district the person has permanent residence or

is staying. Authority of the opatřující consent the person against whom the aliens

the decision is directed, before saying the consent about its meaning and

the consequences associated with its grant. Consent may not be withdrawn.



(3) the Court to proceedings for recognition and enforcement of a foreign

the decision of the regional court in whose district has or had the last permanent

stay or he resides the person against whom the decision is directed toward foreign.

If a foreign decision things competent regional

the Court, in whose district is located. If you cannot determine a court is to

proceedings, the regional court in Prague.



(4) if the jurisdiction several tribunals, held the control of the

them, for which the Ministry has made a proposal on the recognition and enforcement of a foreign

decision.



(5) to change the facts decisive for determining territorial jurisdiction

the regional court in arising after the opening of proceedings shall be disregarded.



(6) the provisions of paragraphs 3 to 5 are without prejudice to special jurisdiction

the Court in the enforcement process under Chapter twenty-first code of criminal procedure.



§ 122



(1) in proceedings for the recognition and enforcement of a foreign judgment, which was

saved by imprisonment or protective measures, the United

deprivation of liberty, the President of the Chamber to decide on withdrawal

the person against whom the decision is directed, the aliens to the uznávací binding

If the person is in the territory of the Czech Republic and is warranted by the

the identified circumstances concern that flees, or will hide and obstruct so

the recognition and enforcement of a foreign judgment; the provisions of sections 67 and 68 of the criminal

the order will not apply. If the presence of this person when making decisions about

uznávací binding to ensure otherwise, the procedure under section 69 shall apply mutatis mutandis

the criminal procedure code; in this case, § 79 paragraph 2. 1 and § 193 para. 1

of course. The decision on the withdrawal to the uznávací binding is permissible

the complaint. What to do about uznávací bindings not apply the provisions of

§ 71 para. 1 third sentence. 2 (a). (b)), § 72-73b, 73 c (b) of section. and)

and section 74a of criminal procedure. Other provisions of the title of the fourth section of the first

the criminal procedure code are used appropriately. On the request of the person against whom the aliens

the decision is directed, for the release of the uznávací binding by the Court.



(2) if the Department receives applications for recognition before delivery and performance

the request of a foreign State, a foreign decision on withdrawal of the person against whom

This decision is being appealed, into custody, it shall forward it to the Court. The Court shall inform the

Ministry, whether and which measures based on such requests made.



(3) if the foreign State's request for the taking of the person against whom the aliens

the decision is directed, into custody does not provide a sufficient basis for

decision of the Court of uznávací binding, in particular in the absence of data on the

the identity of such a person, the basic information concerning the decision, including

the description of the offence, his legal qualifications and imposed the sentence or

protective measures, and the fact that such a binding,

the Ministry will request before it is forwarded to the Court her tween in it

the prescribed time limit. Not sending a foreign State required within a specified

the time limit without substantial reasons stated, rejects the request.



(4) the person who was taken to the uznávací binding based on the request of a foreign

State prior to delivery of the request for recognition and enforcement of foreign decisions,

This binding must be immediately released, unless the request of a foreign State

the recognition and enforcement of a foreign judgment is delivered to the Ministry within 40 days

from the date of the taking of that person to the uznávací binding; This procedure ends. About

release the person from custody, the Court shall inform the Ministry of uznávací.

The release of a person from a uznávací does not exclude its binding to uznávací

binding in the newly instituted proceedings for recognition and enforcement of foreign decisions

on the basis of subsequently received requests for recognition and enforcement of such

decision. Effects of delivery and receipt of the request has the highest State

the Prosecutor's Office, the representative office of the Czech Republic in a foreign State

or the Ministry of Foreign Affairs.



§ 123



(1) the decision on the application for recognition and enforcement of a foreign judgment shall be

the Court in open court in the presence of the public prosecutor. If

the person against whom the decision is directed, the aliens in a foreign State in the

detention, imprisonment or protective measure involving deprivation of

personal freedom, delivered her only challenge to choose a defence counsel,

the provisions of the defence counsel and the decision on the application for recognition and enforcement of a foreign

the decision; a public meeting will be held in the presence of her lawyer.



(2) in the case of a decision which was saved by an unconditional prison sentence

liberty or measures involving deprivation of liberty,

requests the President of the Senate in advance of the public session of the written

observations of the Prosecutor.



(3) the decision on the application for recognition and enforcement of a foreign court decision

It also delivers to the Ministry.



§ 124



(1) if the conditions for recognition are met, the Court shall recognize the aliens

the decision on the territory of the Czech Republic.



(2) the decision on the recognition of a foreign court decision

Decides that the punishment or protective measures imposed on foreign


the decision shall be enforced, with



and if inconsistent) kind of punishment or protection measures with the law of

The United States, is the kind of punishment or protective measures

According to the criminal code, which most closely matches, or



(b) if the amount) exceeds the upper limit of the penalty, penalties for

the corresponding offence under the criminal code, adapt it so that

It shall be reduced to the upper limit of the scale of penalties.



(3) the adaptation of a sentence or a preventive measure must not impair the

position of the person against whom the decision is directed, the aliens with regard to

its type or length.



(4) If a recognized foreign decision saved an unconditional

the sentence of imprisonment, the Court shall decide on the inclusion of the convicted person at the same time to

type of prison.



(5) if the Court recognizes the foreign decision only for any of the offences

acts to which the foreign judgment relates, shall determine when deciding

in accordance with paragraph 2, what proportion of the punishment or protective measures

in the Czech Republic.



(6) the sentence in a higher area than the criminal law can be permitted in the

Czech Republic to execute only if provided for by an international treaty,

or if the citizen of the Czech Republic, which is to be passed to the Czech

Republic, agrees and its delivery from a foreign State cannot be achieved

otherwise.



section 125



(1) the Court shall reject the Ministry's proposal, if the



and the conditions for recognition are met),



(b)) the person against whom the decision is directed, the aliens have died or been

declared dead, or



(c)), it is clear that the performance of a foreign judgment would not be possible

to ensure, in particular, if the person against whom the decision is directed toward foreign

which was saved by imprisonment or protective

measures involving deprivation of liberty, out of reach for your

unknown stay.



(2) Against the decision referred to in paragraph 1 shall be admissible a complaint,

You also may submit a Ministry. In the proceedings on the complaint, the provisions

§ 149 paragraph. 1 (b). and the criminal procedure code).



(3) if the Court rejects the proposal of the Ministry and the person against whom the aliens

the decision is directed, is in custody at the uznávací decides on its

the release of the. Against this decision is admissible a complaint State

the representative that has a suspensory effect only if it was made immediately after the

the announcement of the decision, and if the complaint is made at the same time the State

the representative referred to in paragraph 2.



§ 126



Where a foreign State before passing performance of the decision imposing the

imprisonment of assurances regarding compliance with the time limits

or other conditions for conditional release from the performance of unconditional

sentence or early termination of such an exercise set

the law of that State, the Court, upon a proposal of the Ministry in recognition of a foreign

decision or subsequently decides whether such limits or conditions

will be complied with in the Czech Republic. If such time periods or

conditions more stringent than under the law of the United States, can be used in

When requires the consent of the person against whom the decision of the aliens

points, with the acceptance of the performance of a foreign decision, decide on

that will be followed, only with the consent of such persons. If the Court

suit, judgment, in whose opinion shall state the terms and conditions,

otherwise, the draft resolution will be rejected. Against this resolution is admissible

You may submit a complaint whether or not by the Ministry. In proceedings on a complaint

the provisions of § 149 of paragraph 1. 1 (b). and the criminal procedure code).



§ 127



(1) judgments pursuant to § 124 and 126 may appeal to challenge



and the public prosecutor and the Ministry) for any incorrectness of the statement, and

even to the detriment of the person against whom the decision is directed, and the aliens



(b)) the person against whom the decision is directed, the aliens for inaccuracy

any statement that is directly affected by it.



(2) the Appeal cannot challenge the reasons for which it was the aliens

the decision was issued.



(3) the provisions of § 249 para. 2 and § 251 paragraph. 1 code of criminal procedure also applies to

the appeal lodged by the Ministry.



(4) if the appeal does not comply with the person against whom the decision is directed toward foreign

and that is located in a foreign State on freedom and does not have a defense attorney, Essentials

content of notice of appeal under section 249 para. 1 code of criminal procedure, the provisions of § 251

paragraph. 2 and § 253 para. 3 criminal procedure is, of course, and the Court of appeal

examine the accuracy of all statements of the contested judgment, that

person to challenge the dismissal.



(5) if the Board is decided by the Court, it shall do so in the public

meeting. The provisions of § 123 paragraph. 1 second sentence shall apply mutatis mutandis.



(6) the Court of appeal, the judgment under appeal and reject the proposal of the Ministry cancels,

If it finds any of the grounds provided for in § 125 of paragraph 1. 1. The Court of appeal

You may also cancel the judgment under appeal, if it was in the part of the

judgment infringed other provisions of this Act, if the breach

This may have an effect on the accuracy of the part of the judgment.



(7) to the detriment of the person against whom the decision is directed, the aliens may

the Court of appeal changed the judgment under appeal also on appeal

the Ministry, which has been lodged against this person.



(8) the provisions of § 247 paragraph. 1, § 257 paragraph. 1 (b). a) to (c)), para. 2 and

3 § 258, para. 1 (b). d) to (f)), section 259 paragraph. 3 and 5, § 260, 261, 263 and

265 of the criminal code, of course.



§ 128



(1) if the Minister of Justice Has doubts as to the correctness of the decision

the Court on the application for recognition and enforcement of a foreign decision imposing

imprisonment or protective measures associated with

deprivation of liberty may be lodged with the Supreme Court on

the review of such a decision not later than 2 months from the final

decision. Such a proposal may be made if the Ministry of observing

entitlement to file for the same reasons an ordinary appeal.



(2) if the Supreme Court rejects a proposal from the Minister of Justice,

the contested decision revoked and shall proceed mutatis mutandis under section 124 to 126,

or returns the case to the Court, if it cannot be found a defect in the proceedings before the Supreme

the Court of delete. If the Supreme Court decides the judgment, it shall do so in

the public session; the provisions of § 123 paragraph. 1 the second sentence shall be

by analogy.



Section 3



The performance of the recognised foreign decision



§ 129



Consent to the taking of the performance of a foreign decision



It was finally recognised by the foreign decision, the Ministry grants

consent to the taking of his performance, unless it finds a substantial reasons for

that transfer of the enforcement of a foreign judgment is not appropriate. About your

the opinion of the Ministry shall inform the foreign State which recognized the aliens

issued the decision, and the court competent for the performance of such recognised

the foreign decision.



§ 130



(1) the Court shall order the performance of a recognized foreign decision as soon as it is

the Ministry informed that the foreign State and the Ministry gave consent to the

by passing a performance recognised foreign decisions in the United States.



(2) the Court shall decide on the inclusion of parts of a sentence imposed by a recognised

a foreign decision, which was carried out in a foreign State, in the sentence,

that has to be carried out on the territory of the Czech Republic. The unconditional sentence

the deprivation of liberty shall be entered also the time spent in detention in custody uznávací

for the same Act in a foreign State and time of transfer to prison in the United

of the Republic.



(3) as soon as the Ministry shall inform the Court of the amnesty, grace or another

a decision or action of a foreign State, which is recognized by the

the aliens to be unenforceable, the court decisions shall

measures aimed at waiving the exercise of recognized foreign

decision. If the amnesty, pardon or other decision or measures

the foreign State in which the addressee has become

to be unenforceable, the effects that the person looks like he has not been convicted,

staring back at her in the Czech Republic. If there was a foreign decision in

a foreign State has been finally cleared, the Court cancels the decision on its recognition.



(4) if the Ministry shall inform the Court of the amnesty, grace or another

a decision or action of a foreign State, which is recognized by the

foreign decision happened, in part, to be unenforceable, the President of the Senate

decide in what parts of the addressee enforced

It will not be. Against this decision is admissible a complaint, which has suspensive

effect.



§ 131



The takeover of a person from a foreign country



(1) a person that you gave to the foreign State exercising unconditional prison sentence

freedom or protective measure involving deprivation of liberty,

take on the authorities of the prison service and give it a prison or a device for

the performance of protective measures. About Ministry, and shall promptly inform the

the Court.



(2) if the surrender of the person, which is located in a foreign State in the

the performance of unconditional imprisonment or protective measures

involving deprivation of liberty and in respect of which it was accepted

the decision of the aliens, to the Czech Republic for the performance of such a penalty or

the protective measures, the performance of the recognised foreign decision on

such punishment or protective measures on the territory of the Czech Republic

inadmissible.



§ 132



The cost of the takeover



(1) the cost of the takeover of a person from a foreign State shall be borne by Czech Republic.



(2) a person who, with their consent was taken from the foreign State to the


performance unsuspended imprisonment imposed by a recognised

a foreign decision, is required to replace the Czech Republic blanket

the amount of costs related to its takeover.



(3) a lump sum referred to in paragraph 2 shall set out the Ministry of

by Decree.



(4) on the obligation to pay the costs of the President of the Senate shall decide after the transfer

persons on the territory of the Czech Republic. Against this decision is admissible

the complaint, which shall have suspensive effect. To manage the payment of the costs,

According to the tax code.



§ 133



The costs of proceedings



(1) the costs of proceedings for recognition and enforcement of a foreign judgment shall be borne by the Czech

Republic.



(2) if the enforcement of a foreign judgment recognised, is the person

against whom the decision is directed, shall be obliged to replace the Czech Republic

the costs referred to in § 152 paragraph 1. 1 (b). a) to (d)) code of criminal procedure; It

does not apply in the case referred to in § 131 paragraph. 2.



§ 134



Supervision and control of the inmates



If the performance of the recognised foreign decisions in the Czech Republic

the implementation of supervision or control over the prisoners, is to ensure the performance

such a decision, the District Court in whose district the person's

resides. After the decision on recognition and enforcement of a foreign

decision the Court referred to in § 121 paragraph 2. 3 the thing forward.



§ 135



The sharing of forfeited or seized assets



(1) if such a procedure Allows an international agreement or if it is guaranteed to be

reciprocity, the Czech Republic with a foreign State to conclude an agreement on the

the sharing of assets, which fell through, or working on the basis of recognised

the foreign decision. To the conclusion of the agreement is the relevant Ministry of the

Finance; the proposal for the conclusion of such an agreement, it may bring a court that

decided on the recognition and enforcement of foreign decisions in the first instance, or

by the Ministry. The Court or the Department of the Ministry of Finance shall provide to the

his request necessary cooperation for the purposes of the agreement.



(2) the shared assets passes to the foreign State of the State

which, according to the law on property of the Czech Republic and its representation in

legal relations it is for the management of the property of the United States.



Part 2



Ensure the enforcement of a judgment in another State



§ 136



Transfer of enforcement



(1) if appropriate, on the initiative of the Ministry or with the consent of the Court,

the case decided in the first instance, under the conditions laid down

the international treaty, or under the conditions for the execution of the decision

the Court laid down the laws of the foreign State, the competent authority

This State to ensure the enforcement of a decision on its territory. Court

the Ministry will provide necessary assistance.



(2) if permitted by the law of a foreign State or an international agreement and

If required by circumstances of the case, the Ministry will ask the foreign State about taking

of the person into custody for the purpose of securing the enforcement of the decision imposing the

imprisonment or protective measures associated with

deprivation of liberty.



§ 137



Surrender of the person



(1) If a person in the Czech Republic in the unconditional performance

penalties involving deprivation of liberty or a detention order of a safeguard measure

personal freedom, the Ministry may request the State of which that person is

citizen, or a State, in respect of which it can be assumed that enforcement

takes, its acceptance of the performance of such a punishment or protective

measures, or to give consent to the transfer of such a person, if the



and) the Court which ruled on the matter in the first instance, granted consent to

by passing the person



(b) a person shall not be impeded by passing) or aggravated by achieving the purpose of punishment

or protective measures,



(c)) at the time of the request or consent of the Department of the person

to execute the sentence or detention order of at least 1 year; in cases of

worthy of special consideration, a person can be passed to the enforcement of the sentence or

the protection measure of a shorter duration,



(d)) or a detention sentence in a foreign State does not

violation of the obligations arising for the Czech Republic from international

treaties on human rights and fundamental freedoms and the



(e)) by passing the person shall not be impeded or aggravated by achieving the purpose of the criminal

the procedure for different offence in respect of that person in the Czech Republic

leads.



(2) if the surrender of the person is not regulated by an international agreement, it may

the Ministry referred to in paragraph 1 under the conditions, which are for

the exercise of the Court's decision laid down the laws of the foreign State.



(3) for the purposes of the procedure under paragraph 1 or 2, the Court shall give

the Ministry of the necessary cooperation.



(4) where the procedure under paragraph 1 or 2, needs the approval of the person

located in the territory of the Czech Republic in the unconditional performance penalty

imprisonment or protective measures involving deprivation of

freedom, the Ministry is entitled to ask for its measures the district

the Court, in whose district is such a punishment or protective measures carried out.

President of the Chamber shall instruct the person consent before saying about its meaning and

the consequences associated with its grant. The authorization given cannot be taken

back.



§ 138



Transmission of supervision and control over inmates



(1) the transfer of exercising supervision and control over the inmates may consist of:



and monitoring the behavior of the convicted person) on probation and in reporting

within the deadlines set by the behavior of the convicted person, as well as on the implementation of

imposed restrictions and obligations, or



(b)) in the implementation of the processes referred to in point (a)) and subsequent performance

unconditional imprisonment in the case that the person's

not working out.



(2) if the foreign authority has complied with the request of the Ministry on the implementation of operations

referred to in paragraph 1 (b). a), the Court will decide whether a convicted

proven during the trial or whether the punishment be enforced, or saves a penalty.

It has to be this sentence in a foreign State shall proceed under section 136.



§ 139



The Court shall promptly inform the Ministry about a pardon, on the participation of the

Amnesty or other decision or measure as a result of the

the decision, which was liable to a penalty or protective measures, has become completely

or in part, be unenforceable. The Ministry of that fact

shall promptly inform the foreign authority.



§ 140



The sharing of forfeited or seized assets



(1) when you share assets, which fell through, or working in a foreign State, on the

the request of the United States, shall be treated similarly pursuant to § 135 para. 1 sentence

the first and second; the proposal for the conclusion of an agreement on the sharing of assets can

The Ministry of finance to submit to a court that deposited the punishment or protective

the measures, on the basis of the property fell through, or working, or

by the Ministry. The Court or the Department of the Ministry of Finance shall provide to the

his request necessary cooperation for the purposes of the agreement.



(2) the shared assets of a foreign State of the State

which, according to the law on property of the Czech Republic and its representation in

legal relations it is for the management of the property of the United States.



TITLE V OF THE



TRANSIT OF PERSONS



Part 1



The request for transit operations through the territory of a third State a person



§ 141



(1) submit an application for transit operations through the territory of a third State in

the context of the



and a person from) a request for a foreign country to the United States,



(b)) by taking the person, whom the foreign State authorities of the Czech Republic,

without ruling on the issue, it



(c)) of the legal aid applications to the Court,



(d)) by passing the criminal proceedings from the United States to a foreign State for a

the filing of the indictment, or



(e)) by taking a convicted of a foreign State in the United States



is the relevant Ministry.



(2) to submit an application for transit operations through the territory of a third State in

the context of the



and the public prosecutor's Office) requests legal assistance,



(b)) by taking the criminal proceedings from a foreign country into the United States, or



(c)) by passing the criminal proceedings from the United States to a foreign State before

the indictment



the Supreme Public Prosecutor's Office.



(3) the Judicial Authority shall provide to the central authority, at its request, and in it

the prescribed period the documents required to submit a request for transit, including

translation of documents into the language accepted by a third State. If the case does not tolerate

delay, the central authority may obtain necessary documents translation in the

the language accepted by a third State.



Part 2



Transit of persons through the territory of the Czech Republic



§ 142



(1) the receipt of the request of a foreign State for transit operations through the territory of persons

The United States in the context of international judicial cooperation between two or

more foreign States and to transit operations is the competent Ministry. If

request is received to another body of the Czech Republic, without delay, shall forward it to

the Ministry.



(2) the Ministry shall not permit the transit of persons through the territory of the Czech Republic,

If



and the citizen), the Czech Republic,



(b)) state that the person for transit operations through the territory of the Czech Republic

calls, the purposes for which the transit is to be effected,



(c)) in criminal proceedings, in respect of which a transit calls it is possible to

Save the death penalty and the State that this procedure does not provide assurance, leads,

that the death penalty will not be saved or executed,



(d)) of the transit in order to release the person to exercise the death penalty,



(e)) of the transit operation in connection with the criminal act which has exclusively

a political or military nature,




(f)), it would be contrary to the obligations arising for the Czech Republic from

international treaties on human rights and fundamental freedoms,



(g)) is a reasonable concern that the person in the State to which he is to be extradited

or passed, was exposed to persecution on account of their origin,

race, religion, gender, membership of a particular ethnic or other

the group, nationality or for their political opinions,



(h)) was in the Czech Republic to a person whose transit is requested by

to detention, arrest, statement delivery order of imprisonment,

the European arrest warrant, arrest warrant issued in accordance with part five of the head

(II) part 4 or have been taken by the Court of acts leading to the delivery of persons to

the performance of the protective measure involving deprivation of liberty, or



I) between the Czech Republic and the State of which the person over for transit operations

the territory of the United States asks, is not such a modified international transit

the Treaty and this State does not provide the assurance of reciprocity; This does not apply,

where the transit of another Member State under the procedure in part five.



(3) the authorization of persons through the territory of transit of the United States for that kind of

international judicial cooperation, which envisages the return of the person

extends to her possible punishment.



(4) transit operations through the territory of the Czech Republic, the person need not be in

If the air transit without landing on the territory of the Czech Republic.



§ 143



(1) in the case of an air transit of a person with a planned landing on the territory of the United

Republic, does not exceed the expected length of transit 8 hours and if it is not

planned to leave the area of the airport for transit of the person whose

the transit point, limited to personal freedom by the authorities of a foreign country, that it

accompany, with the assistance of authorities of the police of the Czech Republic.



(2) if the period of transit is making an unscheduled exceeds 8 hours, or if it is

need to leave the area of the airport, the authorities of the Czech Republic Police person

they take over from the authorities of a foreign State, it will limit on personal freedom and sepíšou

about Protocol. Of receipt of the person and his or her personal liberty restriction

immediately inform the public prosecutor of the regional State

the Prosecutor's Office, in a circuit whose jurisdiction the place of landing, and

He shall transmit a copy of the Protocol, and further evidence that the Prosecutor

needs to be able to submit a proposal for the withdrawal of a person for a transit link.

The Prosecutor shall submit such a proposal within 24 hours of landing, otherwise it must

the person be released.



(3) about taking people to the President of the Senate shall decide the operational links the regional

the Court, in a circuit whose jurisdiction the place of landing, and within 24

hours from the submission of the proposal. The provisions of title of the fourth section of the first

the criminal procedure code will not apply. After the decision on taking people to the transit

binding provides the Ministry of State for transit operations asked,

a reasonable period, not longer than 18 days after the landing, to seize a person and

the completion of the transit operation; If this State is not made within that period,

President of the Chamber shall order the release of a person from transit links no later than

the last day of this period. The release of a person from the operational links in the

related to the completion of the transit operation shall ensure that the President of the Chamber of the Court which

decided on the transit custody.



(4) in cases other than those referred to in paragraphs 1 and 2 of the Ministry of

before allowing the transit of the Supreme Court shall submit a proposal for a decision that the

the person whose transit goes, it will be for the duration of the transit through the territory of the United

Republic in transit. The Supreme Court will meet such a proposal only

in the event that the conditions laid down are met by an international agreement or

If it is not given to any of the reasons prevent the transit. The provisions of title

the fourth section of the first code of criminal procedure will not apply. If the Supreme Court

the proposal rejects, the Ministry would not allow the transit operation.



(5) in cases other than those referred to in paragraphs 1 and 2 of the transit of persons

through the territory of the United States to a foreign State, including its acceptance and

transfer to the competent authority of a foreign State, the police of the Czech

of the Republic.



§ 144



(1) if in the case of an air transit of a person without a scheduled landing

on the territory of the United States made an unscheduled landing in its territory,

the authorities of the police of the Czech Republic will take over the person by the authorities of a foreign State,

limiting it to personal freedom and sepíšou about the Protocol. Of receipt of the person and

restrictions on her personal freedom without delay, inform the State Attorney

the regional public prosecutor's Office, in a circuit whose jurisdiction is

instead of landing, and shall transmit a copy of the log to him and other supporting documents

the Prosecutor needs to submit a proposal to the taking of a person into a

transit links. The Prosecutor shall submit such a proposal within 24 hours of

an unplanned landing, otherwise, the person must be released.

The proposal for the withdrawal of a person in transit, the Prosecutor does not give a binding and order

her release to freedom, it is quite obvious that the conditions are not fulfilled,

provided for by an international agreement or is given by one of the reasons do not allow

transit of persons through the territory of the United Kingdom referred to in § 142 paragraph 2. 2 (a).

a) to (h)).



(2) the withdrawal of a person to the President of the Senate shall decide the operational links the regional

the Court, in a circuit whose jurisdiction the place of unplanned

landing, and within 24 hours from the submission of the proposal. The provisions of title of the fourth

the first section of the code of criminal procedure shall not apply. It is quite obvious that they are not

the conditions set by international treaty or is given one of the

the reasons do not allow transit of persons through the territory of the United Kingdom referred to in §

paragraph 142. 2 (a). a) to (h)), order its release.



(3) If a person has been taken to a transit links and if there is no request for authorisation

transit through the territory of the Czech Republic delivered within 18 days from the

an unplanned landing, President of the Chamber shall order the release of a person from

transit links, no later than the last day of the period. If the Ministry of

After receipt of the request, shall authorise the transit State, that provides for an authorisation

transit has asked a reasonable period, not longer than 18 days from the authorization

transit, to seize a person and completion of transit; did not do this so

State within that period, the President of the Chamber shall order the release of a person from

transit links, no later than the last day of the period. The release of a person from

transit links in connection with the completion of the transit operation or nepovolením

Chairman of the Board shall ensure that the transit of the Court which ruled on the transit custody.



(4) the provisions of paragraphs 1 to 3 shall apply mutatis mutandis if a used

in the case of an air transit of persons through the territory of the Czech Republic, which was

granted, there was an unscheduled landing, if for a period longer than 8

hours of transit cannot continue, or if it is after such

an unplanned landing needed to leave the premises of the airport, on which the

unscheduled landing occurred. After taking the person to a transit links provides

the Ministry of State for transit operations through the territory of the Czech Republic

asked a reasonable period, not longer than 18 days from the unplanned

the landing, to seize a person and completion of transit.



PART FOUR



COOPERATION WITH INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS



TITLE I OF THE



GENERAL PROVISIONS



§ 145



(1) in accordance with the provisions of this section shall be followed in dealing with requests and

commands the International Criminal Court, the international criminal

Tribunal or a similar international judicial body with jurisdiction in

criminal matters and its bodies (hereinafter referred to as "the International Tribunal"),



and) if



1. established the international agreement referred to in article. 10A of the Constitution the Czech

Republic,



2. the decision of the Security Council was established by the United Nations

issued under Chapter VII of the Charter of the United Nations, which

the Czech Republic is bound, or



3. the Czech Republic is based on the decision of the Security Council

the United Nations issued under Chapter VII of the Charter of the Organization of the

the United Nations, which the Czech Republic is bound, with such a

an International Court is obliged to cooperate,



(b)) was established by an international agreement between international organizations,

the Czech Republic is a member, or an institution of such organizations and

a foreign State and is listed in the decree-law referred to in paragraph 2, or



(c)) that an obligation to the United States to cooperate with such

an International Court of law or other international agreements.



(2) the Government shall determine which international courts referred to in

paragraph 1 (b). b) Czech Republic cooperates.



§ 146



(1) the judicial authorities provide the necessary cooperation to the International Court of

in connection with the examination and prosecution of offences, the prosecution and

punishment is in its scope, including offences against the performance

International Court of Justice, and in connection with the performance of criminal penalties

imposed an International Court for such offences.



(2) pursuant to the provisions of this section shall be applied only subject to

otherwise, the international treaty governing the cooperation with the International Tribunal,

or unless otherwise the rules of an international organization, or

International Court governing proceedings before such an International Court

(hereinafter referred to as "the rules of the International Tribunal"), in the case of the International Court of

referred to in § 145 paragraph. 1 (b). and).



(3) For cooperation with the International Court shall apply mutatis mutandis to the provisions of


the first section, unless otherwise provided in this section otherwise. The provisions of § 4, § 12 para. 3

and § 13 para. 2 shall not apply. The provisions of § 5, section 7 (2). 2 and § 9 para. 2, the

of course, if the International Court referred to in § 145 paragraph. 1 (b). and).



(4) the application and orders of the International Court handled by the authorities of the Czech

States on a priority basis and with accelerating.



(5) the authorities of the United States without the consent of the International Court not to disclose

information on his/her application or command, and how to execute them. When

the provision of information pursuant to § 6 of the Sub-Committee, the authorities of the Czech Republic

accordance with the instructions of the International Court, which will require.



§ 147



Translations



(1) if the International Court shall send to the central authority of a request or command in the

a foreign language without translation, translation of the central authority shall ensure that, in the case of

the International Court referred to in § 145 paragraph. 1 (b). and); with the international

the Court then shall consult the possibility of reimbursement of the costs for the translation.



(2) in the case of the International Court referred to in § 145 paragraph. 1 (b). b) or c)

translation of the central authority shall ensure that, where the International Court

assurance that the cost of the translation. Otherwise, the Central

the request or command to return to the International Tribunal without discharge.



§ 148



(1) the judicial authority will allow representatives of the International Court of

in § 145 paragraph. 1 (b). and), defenders and legal representatives in the proceedings before the

such an International Court and other individuals that this international

the Court shall designate, participation in an act carried out on the basis of, or in connection with the

request or by the International Court. Judicial authority will allow

These individuals ask supplementary questions directly to the person that the Act refers to.



(2) If an international court officials referred to in § 145

paragraph. 1 (b). and) in accordance with regulations of the International Court acts on

the territory of the United States alone, the provisions of § 8 para. 1 sentence

the first code of criminal procedure apply mutatis mutandis. At the request of the representative of the international

the Court is to perform such an act would attend the public prosecutor of the regional

the Prosecutor's Office in whose district has to perform such an act

occur.



(3) in the case of the International Court referred to in § 145 paragraph. 1 (b). b) or c)

the provisions of § 51 shall apply mutatis mutandis.



(4) the representatives of the International Court and defense lawyers, solicitors,

witnesses, experts, interpreters, charges, convictions and other persons

summoned to participate in the Act in proceedings before the International Court in such a

shall enjoy privileges and immunities to the extent that they granted the international

the law, if



and prováženi) or the territory of the United Kingdom at the hearing

International Court or from such negotiations immediately return,



(b)) or prováženi the territory of the Czech Republic to participate in the

the act carried out in the territory of a foreign State on the basis of a request or command

International Court or from a foreign country immediately

return, or



(c)) are involved in the act carried out on the territory of the Czech Republic on the basis of

the request or order of the International Court.



(5) in the case of doubt as to the legitimacy or extent of the privileges and immunities of

one of the persons referred to in paragraph 4 shall consult the authorities of the Czech Republic

procedure with the International Court without delay, through the Ministry of

Foreign Affairs.



§ 149



Contact of people with an International Court



(1) a person in a facility where is limited by her personal

freedom, against which the proceedings before the International Court, which

refers to the application or command that makes the International Court or punishment

stored an International Court, has the right, without limitation



and receive and your) costs to send written communications to the international

the Court and its authorities,



(b)) of the International Court representatives receive visitors and their defense attorney

or a legal representative in any proceedings before an International Court and speak with

without the presence of third persons.



(2) the written communication referred to in paragraph 1 (b). and) is

inadmissible.



(3) the obligation of secrecy imposed by the State, that person may

get rid of the State or that does not apply to the reporting of information

authorities active in criminal proceedings, shall not apply to the questioning of persons before the

the International Court of law referred to in § 145 paragraph. 1 (b). and).



§ 150



The costs of cooperation



(1) the costs incurred by the authorities of the United States in dealing with requests and

orders of the International Court, the International Court of Justice if it is not reimbursable, are paid by the

Czech Republic.



(2) where the rules of the International Court, the International Court of

bore some of the costs referred to in paragraph 1, such costs are borne by the

According to the agreement between the central authority and the International Tribunal. Authority,

that these costs were incurred, it shall submit for the conclusion of such an agreement,

the central authority of the quantification of these costs and the reasons for them, as well as

other necessary data.



§ 151



Tracked applications



If the authorities of the United Kingdom were received or commands

more international courts or the International Court and the foreign State, which

relate to the same person or the same things, and the provision of cooperation on the basis of

all of these requests and commands, it is not possible, assess the conditions and

the possibility of cooperation in relation to each of these requests and

the commands separately. In so doing, weigh in particular the nature of the commitment to

cooperation with the International Court, the order in which such requests have been and

the authorities of the United States delivered statements, the circumstances of the perpetration of crimes,

which these requests and orders, including severity,

Furthermore, the type and level of penalties that can be imposed or that have been saved, and

the probability with which they can, the international courts and the States whose

the application and orders were delivered to the authorities of the United States in mutual

relations to achieve the provision of cooperation.



§ 152



Failure and postponement of execution of a request or command



(1) a judicial authority with the International Court shall consult prior to the non-

or partial non-compliance of his application or statement of the conditions under

which would make it possible to comply with the request or order, including their

any additions or modifications.



(2) the judicial authority may postpone the execution of a request or command

International Court only after previous consultation with the International Court

and only for a limited period; the length of its duration, the judicial authority shall notify the

International Court together with the notification delay processing of the application or

the command. If it is a request or command the International Court referred to in §

paragraph 145. 1 (b). and), you may only do so in agreement with that

an International Court.



§ 153



The provision of information and evidence without request



The Supreme Public Prosecutor's Office at the request of the public prosecutor and the

the Ministry, at the request of the Court shall transmit the International Court without the

the earlier application or the information and evidence obtained in the framework of the

criminal proceedings, if the public prosecutor or the Court considered that the

communication of such information or the provision of such evidence can help

International Court when examining and prosecution of offences, the prosecution and

punishment is in its scope, including offences against the administration of Justice

an International Court, or in the execution of criminal penalties imposed on international

Court for such offences.



§ 154



Witness protection



The request of the International Tribunal to ensure the protection of a witness by a judicial authority

It shall refer to the authority competent to provide for special protection under the law

the special protection of witnesses and other persons in connection with criminal

proceedings.



TITLE II



LEGAL AID



§ 155



For legal aid provided by the International Court shall apply mutatis mutandis

the provisions of part three, title I, parts 2 and 3, unless otherwise provided in this section

otherwise. The provisions of § 48 para. 3, § 56 and § 70 para. 1 (b). and)

of course. The provisions of § 47 para. 2, § 49, 51, § 52 para. 1, 2 and 5, § 54

paragraph. 1 (b). (c)), § 58 para. 6 second sentence and section 70 para. 1 (b). c) to (e))

is, of course, in the case of the International Court referred to in § 145 paragraph. 1 (b). and).

The provisions of § 47 para. 2, he also, in the case of the International Court of

referred to in § 145 paragraph. 1 (b). (b)).



§ 156



Affiliation to the receipt of the application or command.



To receipt of the application, or the International Court issued in a proceeding

before an International Court is competent before the start of the trial

The Supreme Public Prosecutor's Office and after the start of the trial

by the Ministry.



§ 157



Execution of the request or command



(1) if the International Court referred to in § 145 paragraph. 1 (b). and)

a special procedure in dealing with your request or order, the authorities responsible for

criminal proceedings such request. In the case of the request

the International Court referred to in § 145 paragraph. 1 (b). (b)), or (c)),

authorities active in criminal proceedings such request, unless it is in violation of the

with section 5.



(2) if it is to perform the operation on the territory of the Czech Republic at the request of the

or the International Court referred to in § 145 paragraph. 1 (b). and)

the necessary command or to enable judicial authority, it shall issue the judicial authority

on the basis of a request or an order of the International Court; the conditions for the

issue this command to enable or to consider in this case for

to be met.




(3) If an International Court requests, the progress of the Act

carried out on the basis of an application or an International Court with the command

using the těsnopisného notation, audio or video recording, or

using another resource that the International Court will determine if it is

technically possible; write or record shall be forwarded to the International Court, together with the

the Protocol of the Act.



(4) if information contained in the application, or the international

Court to comply with such a request or command sufficient judicial

authority through the central authority or directly, if required

the urgency of the case, shall consult with the International Court, and

If necessary, it shall request the International Court for additional information.



§ 158



The refusal to pass information or evidence



(1) if they are to be based on a request or an order of the International Court

referred to in § 145 paragraph. 1 (b). and such international court passed)

information classified according to the law on the protection of classified information,

judicial authority before passing them to consult with the International Court and the

National Security Authority how to protect this information

an International Court. Judicial authority when you pass this information

notifies the International Court on the requirements for their protection. Pass

such information can be refused only if, in proceedings before the

an International Court is not possible to ensure their adequate protection from

disclosure; the refusal of the transfer shall be decided by the Supreme Court on a proposal from

the judicial authority, which request or command an International Court

handles.



(2) the transmission of information or evidence to the International Tribunal referred to in § 145

paragraph. 1 (b). and) can be refused due to the protection of the essential national

security interests, if the decision about the Supreme Court, on a proposal from the

the judicial authority, which request or command of such international

the Court handles. Before submitting a proposal to the Supreme Court judicial authority

consults with the International Court, the conditions under which it would be possible to

information or evidence to pass.



(3) If the disclosure of information or evidence that Czech Republic

received from a foreign State or an international organization, the international

the Court was in conflict with the obligations of the United States stemming from the principle of

specialties or equivalent international commitments of the Czech Republic,

the judicial authority shall request a foreign State or an international organization, from which the

Czech Republic the information or evidence received, consent to their

the provision to the International Tribunal.



(4) If a foreign State or an international organization of consent referred to in paragraph

3 grant, judicial authority a request or an order of the International Court

does not comply with the International Court and informs about the reason of the failure and the steps that

that were to be provided with the consent of the foreign State or of an international organization

made.



§ 159



Hearing people



(1) witnesses and experts can be on request or command an International Court

to interview under oath, the text of the International Tribunal shall determine. If

the International Court in the request or order for the hearing of a witness or expert

the text of the oath does not specify under oath, shall be used, mutatis mutandis, the provisions of § 50

paragraph. 1 the second and third sentences.



(2) the person, on application to the suspect or the international

the Court referred to in § 145 paragraph. 1 (b). and) can exercise their rights

to refuse to testify under the rules of the International Court, as well as by

Code of criminal procedure, if an international court rules allow it.

The provisions of § 99 paragraph 2. 2 of the code of criminal procedure, on the hearing of a person on the basis of

the application or the International Court referred to in § 145 paragraph. 1

(a). and).



(3) on application by an international court or the judicial authority

It will allow the International Court perform the hearing person through

all-in-one device or phone. The provisions of paragraph 2, the

to be used by analogy.



(4) If a person on the basis of the suspect application or command

the International Court of law enforcement authorities in criminal proceedings or the suspect

an International Court through a videoconferencing device or

phone or international court officials who are questioning

involved, does not understand the language in which the questioning leads, and does not ensure the

interpreting the International Court, picked up the slack body active in criminal proceedings,

that hearing is made or which allowed the implementation of hearing

through a videoconferencing device or phone, after

consultation with the International Court, an interpreter. This applies in the case

the person with whom you cannot communicate differently than some of the communication

systems of the deaf and Deafblind people.



§ 160



Summons people



If the International Court of justice so request, the judicial authority which shall provide the

the request or the summons to be served on an International Court

participation in the Act in proceedings before the International Court, be served on the person

an advance on the amount of the fee in the International Court. Judicial

the authority shall submit to the central authority of the quantification of the costs associated with the

by providing backup on witness expenses for the purposes of payment of the international

by the Court.



§ 161



Delivery on the territory of the Czech Republic



The International Court referred to in § 145 paragraph. 1 (b). and) may deliver to the

the addressees of the documents on the territory of the United Kingdom directly through

a postal service.



§ 162



Cooperation in connection with approve of authorized persons



The Ministry will provide the International Court, the Fund, which was set up

an International Court for the purposes of compensation for authorized persons, or

a similar institution, which can be considered as a subsidiary body of the international

the Court, at their request or command the necessary cooperation in the context of the

with the approve of the beneficiaries. For these purposes, the Ministry of

shall be entitled to request the police of the Czech Republic on the identification and

the search for the residence of the beneficiary.



§ 163



Requesting legal assistance from the International Court



To request legal assistance from the International Court shall apply mutatis mutandis

the provisions of part three, title I, part 1.



TITLE III



TRANSFER OF PERSONS



§ 164



For the handover to the International Court shall apply mutatis mutandis the provisions of part

the third part of title II 2, unless otherwise provided in this section otherwise. The provisions of § 90 and

section 91 paragraph 2. 1 (b). b), c), (e)) to g) and (j)). The provisions of § 87, section

88 para. 3, § 89 paragraph 1. 1 (b). (b)), and (e)), section 91, § 92 para. 7 (b). (d)), and

(h)), § 95, § 96 para. 2 the second sentence of § 97 and 99 is, of course, in the case of

the International Court referred to in § 145 paragraph. 1 (b). and the provisions of § 89).

paragraph. 1 (b). (b)), section 91 paragraph 2. 1 (b). (d)) and to) to m), § 92 para. 7 (b).

(d)), § 95 para. 1, 5 and 6 and section 97 is also, of course, in the case of international

the Court referred to in § 145 paragraph. 1 (b). (b)).



§ 165



The jurisdiction of the Court and the public prosecutor's Office



In the case of surrender of the person to the International Tribunal referred to in section paragraph 145. 1

(a). and) or (b)), the Court with jurisdiction to a procedure under this title

A regional court in Prague. Acts to which it is under this title, the competent

the Prosecutor in that case, State Prosecutor of the regional

the Prosecutor's Office in Prague.



§ 166



Preliminary and extradition binding



(1) in the case of transfer the International Court referred to in § 145 paragraph. 1

(a). and the President of the Senate), takes a person at the request of the Court of

temporary custody or at the request or command for this Court to

the arrest and surrender of the person after its submission to the Court under section 93 para. 3 to

temporary custody. Binding reason pursuant to § 94 paragraph. 1 is not bound.



(2) in the case of transfer the International Court referred to in § 145 paragraph. 1

(a). and) or (b)), the Prosecutor shall release the person from the temporary custody

According to § 94 paragraph. 3, if the preliminary investigation was initiated without

the request or order of the International Court to transfer and this request

or were the Czech Republic within the time limit laid down provisions

the International Court, or within 60 days from the date of issuing of temporary custody,

If the regulations of the International Tribunal does not provide for a deadline. In the case of

the International Court referred to in § 145 paragraph. 1 (b). and a request or command)

are delivered later, President of the Chamber shall take the person to a preliminary binding

referred to in paragraph 1.



(3) the Court shall inform the international Ministry

the Court of any request for the release of persons from the preliminary or expended

links, including an indication of the reasons for such request. At the same time it asks for a

opinion on such a request, and notify it to the period within which it should be about

request for release of preliminary or expended binding decision. When

making a decision on such a request, the Court will take into account the opinion of the

the International Court, the International Court of Justice in a timely manner if it is posted. In the case of

the International Court referred to in § 145 paragraph. 1 (b). and), may be the person

the transmission goes, released from temporary custody only if it is justified by the

urgent and exceptional circumstances and at the same time, some was taken from

measures to replace the link by the criminal procedure code; at the request of

the International Court Tribunal reports that the replacement of temporary custody

lasts, and whether the person whose handover goes, still staying in the territory of the United

Republic and Parr of the surrender procedure.



§ 167




(1) in the case of surrender of the person to the International Tribunal referred to in section paragraph 145.

1 (b). and), is a preliminary investigation to determine whether



and) the person whose handover goes, is the person to whom it was international

the Court issued the arrest warrant,



(b) the detention of a person) was carried out in accordance with the law and



(c)) by the authorities of the Czech Republic in compliance with the rights of the person provided for in

the legislation of the Czech Republic and the regulations of the International Court.



(2) in the case of surrender of the person to the International Tribunal referred to in section paragraph 145.

1 (b). and the Prosecutor) or after the end of the preliminary investigation, the Court

facts referred to in paragraph 1, it shall immediately

through the Ministry of the International Court shall inform the requesting

a statement whether the surrender of the person.



(3) If the person whose surrender it, argues that its transmission of the

the International Court referred to in § 145 paragraph. 1 (b). and) prevents the immunity

under international law, it shall inform the Prosecutor and upon completion of the

the preliminary investigation through the Ministry of the Court on any such opposition shall

and its content of International Court and a request for an opinion to the next

procedure.



(4) If the person whose surrender it, argues that its transmission of the

International Court preventing the ongoing proceedings on the admissibility of the proceedings before the

an international court or other similar fact, inform the State

Representative and upon completion of the preliminary investigation, the Court through

the Ministry for such objection and its content, and requests the International Court of Justice

an opinion to the next procedure.



(5) If an international court asks that the person whose handover goes, have been

passed a copy of the arrest warrant and other documents related to the

proceedings before an International Court, they do so in the context of the public prosecutor

the preliminary investigation and the Protocol for the transmission of these documents, with an indication

their enumeration shall send forthwith to the International Court.



§ 168



Transmission and its implementation



(1) in the case of transfer the International Court referred to in § 145 paragraph. 1

(a). and surrender of the person) orders after the end of the preliminary investigation on the

the proposal of the State Prosecutor in the public meetings of the Court, usually within 30

days from the receipt of the request or order of the International Court to pass

of the person. A failure to comply with this deadline, and the reasons for the Court, and shall inform the

the preliminary investigation the Prosecutor through the Ministry of

International Court of Justice.



(2) in the case of transfer the International Court referred to in § 145 paragraph. 1

(a). (b)), shall decide on the transfer of the person upon completion of the preliminary investigation, the Court

in a public meeting on the proposal of the State Prosecutor. If any of the

reasons of inadmissibility of transmission referred to in § 91 para. 1 (b). a), h), (i)),

n), o) or p), the Court will decide that you don't pass. Against these

decision is admissible a complaint which shall have suspensive effect.



(3) in the case of transfer the International Court referred to in § 145 paragraph. 1

(a). and if they can't) and the authorities of the International Court or other authorities

in charge of an International Court to take that person to the territory of the United

Republic, passes it to the police of the Czech Republic to the authorities of the International Court

or other authorities responsible for International Court at the location specified by the

an International Court in a foreign State.



§ 169



The postponement of the handover and the temporary pass



(1) in the case of surrender of the person to the International Tribunal referred to in section paragraph 145.

1 (b). and) and given the reason for deferral under § 99 paragraph 2. 1, may

the President of the Senate on the basis of a proposal of any of the bodies or persons

referred to in § 99 paragraph 2. 2 ask the International Court of Justice when the surrender of the person of

her return to the United States after her presence in the

the International Court will no longer be necessary for the purposes of the proceedings before the

an international court or the execution of a sentence imposed an International Court.



(2) in the case of surrender of the person to the International Tribunal referred to in section paragraph 145.

1 (b). (b)), you can defer the transmission only with the approval of the International Court.

In the decision of postponing the surrender, the President of the Senate shall determine the period before

the expiration of the person shall be surrendered to the International Tribunal. If there is a

the reason for the postponement of the transfer of criminal proceedings conducted in the Czech Republic,

the Chairman of the Senate so that this period shall not exceed 6 months;

If the reason for the postponement of the transfer performance of unconditional prison sentence

freedom finally saved by a Court of the United States, the Chairman

the Senate this time limit so that her last day fell on the last day of

the estimated length of the sentence. This time limit may, President of the Chamber,

the approval of the International Court to extend, even repeatedly.



(3) in the case of surrender of the person to the International Tribunal referred to in section paragraph 145.

1 (b). (b)), you can enable the temporary handing over of this International Court

only with his consent.



§ 170



Consent to an extension of the surrender



(1) consent pursuant to § 103 para. 1 is not required if



and the person was) from the United Kingdom passed the International Court referred to in

§ 145 paragraph. 1 (b). and as for the prosecution) and this person such international

by the Court or of the sentence imposed for such an International Court, or



(b)) a person from the United States issued to a foreign State and as to its

transfer from a foreign State to the International Tribunal referred to in section paragraph 145. 1

(a). and).



(2) the consent referred to in section 216 para. 1 is not required also with regard to the transmission of the

a person from a Member State, which has been passed from the United States,

the International Court referred to in § 145 paragraph. 1 (b). and).



TITLE IV



ENFORCEMENT OF JUDGMENTS



§ 171



On the recognition and enforcement of a decision of the International Court will apply mutatis mutandis

the provisions of part III, title IV, part 1, unless otherwise provided in this section otherwise.

The provisions of § 120 paragraph 1. 1 (b). a), b), d), (e)) and i), and paragraph 2. 3, § 131, §

paragraph 132. 2 to 4 and § 133 paragraph 2. 2 shall not apply. The provisions of § 120 paragraph 1. 1

(a). (c)), f) and (g)), § 121 paragraph 2. 1 and 2, section 123, 124 and 127 shall not apply,

in the case of the International Court referred to in § 145 paragraph. 1 (b). and Provisions).

section 124 para. 6 he is also, in the case of the International Court referred to in §

paragraph 145. 1 (b). (b)).



§ 172



(1) if the decision of the International Court referred to in § 145 paragraph. 1

(a). and the Court shall authorise) its performance on a proposal from the Ministry. A change in the

during the enforcement of a sentence, the Court's assessment, the International Court shall authorise enforcement

the sentence in this new area of netting and decides to not yet executed

the punishment.



(2) the sentence imposed an International Court mentioned in paragraph 145 of paragraph 1. 1 (b). and)

or (b)) can be done in the Czech Republic and in the higher area than the

the Criminal Code permits.



(3) if the decision of the International Court referred to in § 145 paragraph. 1

(a). (c)), and if it exceeds the upper limit of penalty area criminal sanctions for

the corresponding offence under the criminal code, the Court, after consultation with the

This International Court assessment of the penalty fits under section 124 para. 2

(a). (b)).



§ 173



Request for review of the decision of the International Court



Received by the authorities of the United States proposal or request for review

the decision of the International Court, which is to be exercised or to be

enforced in the territory of the Czech Republic, it shall forward such request without

undue delay through the Ministry of the International Court.



§ 174



Unconditional transfer of the enforcement of a custodial sentence



(1) for the performance of unsuspended imprisonment imposed international

the Court can take over



and a citizen of the United States or) per person with permanent residency on the territory of the United

States, or



b) another person, if the International Court has ordered to pay the costs of the performance

the punishment.



(2) in the case of the takeover of a person for the performance of unconditional prison sentence

freedom imposed by a decision of the International Court referred to in § 145

paragraph. 1 (b). a), the Court, upon a proposal of the Ministry before the regulation

enforcement of the decision on the classification of the convicted person to the judgment of prison. On

on the proposal of the Department of management is used, by analogy, the provisions of § 123, section 125

paragraph. 1 (b). (b)), and (c)) and paragraph 2. 2 and section 127.



(3) the applicant is an International Court referred to in § 145 paragraph. 1 (b). and) before

passing of a person for the performance of unconditional imprisonment on assurance

compliance with time-limits or other conditions for conditional release from

the performance of unconditional imprisonment or early termination

such an exercise according to the regulations of the International Court, the consent of such

the person pursuant to § 126 is not required.



(4) if in the course of the performance of unconditional imprisonment for

change in the conditions referred to in paragraph 1, or if after the takeover of the person

in the United States show that these conditions have not been at the time of takeover

fulfilled, it shall inform without delay the International Court and the Ministry

consults with him the next steps. If none of the conditions are met

referred to in paragraph 1, the Ministry will ask International Court to determine

another State in which the person will continue to exercise unconditional

the imprisonment. If this request fails to comply with the International Court,

continues in its performance in the Czech Republic.



§ 175



(1) a person with which the takeover to exercise unconditional prison sentence

freedom imposed an International Court has granted the consent of the Ministry,

take on the authorities of the prison service on the instructions of the Ministry from the authorities

International Court or a foreign State on the site and within the time specified


by the Ministry in consultation with the International Court. In a place outside the territory of the

The authorities of the prison service of the Czech Republic will take over the person only if,

the International Court or a foreign State agrees to pay costs associated with the

its transfer to the United States.



(2) if the person taken under this title in the United States to

enforcement of the decision of the International Court referred to in § 145 paragraph. 1 (b).

and) or (b)), to the prosecution of that person in the Czech Republic, the performance of another

a sentence or a preventive measure imposed this person and for the release or

the surrender of that person to a foreign State, or another international court

appropriately used, § 85.



(3) if the provisions of the International Court to delay performance

the sentence, changing the method of enforcement of the sentence of imprisonment or interruption of

conditional release of the person taken under this title to the United

the Republic has held court in the Czech Republic, and received by the authorities of the Czech

the Republic a request or a complaint to such a decision, the Ministry is

refer to the International Court; the provisions of § 159 paragraph. 3 and 4 apply mutatis mutandis

used for the purposes of proceedings before an International Court on any such application.

If an international court rules allow for such requests

the Court ruled the United States, will require this Court's prior decision

through the Ministry of the opinion of the International Court.



(4) unless it is a citizen of the United States or a person with a permanent residence on the

the territory of the Czech Republic, the Ministry before the release of a person from

the performance of unconditional imprisonment provide that a person taken

under this title in the United States after his release, should be forwarded to the

the State of which he is a national or in which he is allowed to stay,

or to a foreign State that is willing to take it, it undertakes to

the International Court or a foreign State to pay the costs associated with its

the alien to that State, or if the person passes the authorities of that State

at the border crossing. In determining whether and where a foreign State is to be

person, the Ministry shall take account of the opinion of this person. The authorities of the

foreign State that person shall transmit to the authorities of the prison service on the site and in the

the time specified by the Department in consultation with the International Court or a foreign

by the State.



§ 176



(1) if needed to make a person taken under this title to the United

the Republic, took part in the proceedings before the International Court, the prison authorities

on the instructions of the Ministry of it services at the time designated by the International Court of

shall transmit to the authorities of the International Court on the site and within the time specified

the Ministry. In a place outside the territory of the United States authorities of the prison

services shall forward to the authorities of the International Court, the person only in the case that

the International Court or a foreign State agrees to reimburse the costs associated with its

on this place. For the readmission of the person by the authorities

International Court applies the provisions of the first sentence, and second, by analogy.



(2) if the decision of the International Court after the surrender of the person to the Czech Republic

under this title, that this person should be returned to the International Court or

It has in the performance of unconditional imprisonment proceed in a foreign

State, it shall transmit to the authorities of the prison service authorities International Court

or a foreign State on the site and within the time specified by the Ministry. On the spot

outside the territory of the Czech Republic, the prison service authorities shall forward to the authorities of the person

International Court or a foreign State only in the case that

the International Court or a foreign State agrees to reimburse the costs associated with its

on this place.



§ 177



(1) if the person Flees taken under this title in the United States of

the performance of unconditional imprisonment, it shall inform the

the Ministry of the International Court of justice without delay and shall consult with the other

procedure. The Court that decided on the recognition and enforcement of decisions of the international

the Court or that the inclusion of this person decided to type of prison, acting on

This person shall immediately order to delivery to the unconditional performance penalty

the deprivation of liberty. In the event that this person may have escaped abroad, it shall

pursuant to part three, title II, part 1, unless the Ministry with

an International Court in the framework of the consultations otherwise.



(2) the Court shall withdraw the delivery order to exercise unconditional prison sentence

freedom issued under paragraph 1 also in the case that this person was

passed from the State on whose territory it was detained, the International Court of

or was passed or issued from a State, the territory was with the label is detained,

to another State, that the International Court has determined.



§ 178



Taking over the enforcement of property



(1) if the execution of the decision of the International Court referred to in § 145

paragraph. 1 (b). and) or (b)), which was saved by a financial penalty,

the amount that was the performance of its decision to the International Court,

and converts it to the International Court or to whom the International Court

Specifies the fixed account.



(2) if the execution of the decision of the International Court referred to in § 145

paragraph. 1 (b). and) or (b)), which was liable to a penalty the confiscation of property

or the penalty of confiscation, the branch of the State, which, according to

the law on property of the Czech Republic and its representation in legal

It is for the management of the property relations of the Czech Republic, property or

the thing that was obtained, a decision to sell and the amount received

the sale to the International Court or to the converts, who the International Court

Specifies the fixed account. If it is a thing that is part of the national

treasures of the Czech Republic or of another State, or if you cannot

property or thing because of their nature or other reasons to sell,

the Court shall consult the other procedure with the International Court.



(3) repayment of the financial penalty in installments, you can enable or

performance refrain only with the approval of the International Court.



Section 179



(1) under this title shall be applied even in the recognition of international

the courts referred to in § 145 paragraph. 1 (b). (b)), and (c)) to the compensation authorized

persons. Statement of the International Tribunal referred to in section paragraph 145. 1 (b). a)

compensation of authorized persons shall be enforced, without the need for

decide on its recognition.



(2) in the performance of an order for compensation of authorized persons, the person shall act

that was such a decision of the entitlement or the Court, if it

asked an international court or by the Fund, which was for the purpose of

compensation for the beneficiaries set up an International Court, or similar

institutions, which can be considered as a subsidiary body of the International Court,

According to the code of civil procedure.



(3) if the Court shall proceed in accordance with paragraph 2, the amount obtained performance

the decision of the International Court to the International Court, and the Court found it

Converts this Court or the pool, which was for the purpose of compensation

damaged or fall victim to set up an International Court, or similar

the institution, which can be considered as a subsidiary body of the International Court,

the specified account.



§ 180



At the request of the International Tribunal referred to in section paragraph 145. 1 (b). and) can be

execute the decision of this Court, which have won a penalty has been imposed.

In the performance of such a decision shall be treated adequately under the criminal

of the order. The amount obtained a decision of the International Court found

the International Court and the Court of the Tribunal on this international converts it

specified account.



TITLE V OF THE



THE TRANSMISSION AND RECEIPT OF CRIMINAL PROCEEDINGS



§ 181



(1) upon request or command the International Court referred to in § 145 paragraph. 1

(a). and the Prosecutor) passes through the Supreme State

the Prosecutor's Office and the Court through the Ministry of criminal proceedings

This International Court. The provisions of § 107 para. 2, § 108 and § 110

paragraph. 2 and 3 are used appropriately.



(2) on the transfer of criminal proceedings to the International Tribunal referred to in § 145

paragraph. 1 (b). and at the request of the public prosecutor) or of the Court shall be

enjoy the provisions of part III, title III, part 1. The provisions of § 110 of paragraph 1. 1

is he.



(3) the Supreme State Prosecutor's Office, if the criminal proceedings

International Court passed before the indictment, and Ministry,

If the criminal proceedings to the International Court passed after the indictment,

they are responsible for appeals against decisions of the

International Court for taking charge of the criminal proceedings from the United States,

proposals for the amendment of such a decision and the related capacity, if

the submission of such remedies, or from the rules of international

the Court permitted.



§ 182



On the transfer of criminal proceedings to the International Tribunal referred to in section paragraph 145.

1 (b). b) or c) will apply mutatis mutandis the provisions of part III, title III,

Part 1. The provisions of § 110 of paragraph 1. 1. The provisions of § 12 para. 1, the

only used if this International Court of criminal proceedings

passed at the request of the Prosecutor or the Court.



§ 183



(1) On receipt of the criminal proceedings from the International Tribunal to the United

the Republic will apply mutatis mutandis the provisions of part III, title III, part 2.



(2) the judicial authorities shall regularly inform the International Court on the progress of

taken over the criminal proceedings. Officials of an International Court on the

their request will allow it to be present during operations in arriving at the

criminal proceedings.



TITLE VI OF THE



TRANSIT OF PERSONS



§ 184




(1) on the transit of persons through the territory of the Czech Republic in the context of the

cooperation provided by a foreign State to the International Court shall be

the provisions of part III, title used in part 2, unless otherwise provided in this section

otherwise. The provisions of § 142 paragraph 2. 2 (a). and), (e)), f), (g)) and i) will not apply.



(2) the cooperation provided by the foreign State to the International Court of

paragraph 1 shall be treated as transfer between two foreign States in

connection with the performance of unconditional imprisonment imposed

an International Court.



(3) the authorization of persons through the territory of transit the United States need not be,

in the case of the International Court referred to in § 145 paragraph. 1 (b). and).



PART FIVE



SPECIAL PROCEDURES FOR INTERNATIONAL JUDICIAL COOPERATION WITH OTHER MEMBER

STATES



TITLE I OF THE



A JOINT INVESTIGATION TEAM



§ 185



(1) the provisions of this title, the joint investigation team used between

by the Member States.



(2) under this title shall be applied, if another Member State has

legislation to implement the relevant legislation of the European

Union ^ 7).



(3) the provisions of this title shall not preclude the procedure according to the provisions on the legal

assistance.



§ 186



(1) the competent authorities of one or more Member States may be made

an agreement on the joint investigative team.



(2) a joint investigation team may be established at the request of judicial

authority or the competent authority of another Member State, in particular if



and) either in Ireland or in another Member State is a criminal

the proceedings in which it is necessary to apply for the implementation of difficult and demanding operations in

other Member States, or



(b)) in the Czech Republic and in one or more other Member States

criminal proceedings and the circumstances of the case necessitate coordinated action

the Member States concerned.



(3) on the establishment of a joint investigation team and its activities, including

the exchange of information, shall apply mutatis mutandis to section 71 to 74 are used.



§ 187



Claim of another Member State



(1) the Ministry shall pay, at the request of another Member State, that

He took part in the joint investigation team, the amount that this State

paid off in accordance with its legal structure, such as compensation, certain

the person, to the extent to which damage was caused by improper

official procedure or unlawful decision of the official persons of the Czech

States in their action in the joint investigation team.



(2) in the event that the request of another Member State does not have the necessary

the information Ministry will invite the competent authority of that State to

complement and set a reasonable term to do. In so doing, it always notifies the

the consequences of non-compliance of this challenge. If the competent authority does not comply with the other

Member State that request within the prescribed period, without substantial said

the reasons for that, so could not make, rejects the request.



§ 188



Claim against another Member State



(1) the Department is authorized to ask for another Member State of the payment

the amount paid as damages to a person under the law on

liability for damage caused in the performance of public authority by a decision

or incorrect official procedure in the extent to which damage was

caused by the procedure of official persons of that other Member State, in

their action in the joint inquiry team set up within the territory of the United

of the Republic.



(2) be entitled to reimbursement of the compensation paid in the form of the request applies

to the competent authority of another Member State in accordance with the laws and

the requirements of this State.



TITLE II



SURRENDER OF THE PERSON



Part 1



General provisions



§ 189



(1) the provisions of parts 1 to 3 of this title, used to transfer between

The Czech Republic and other Member States on the basis of the European

the arrest warrant and on related activities.



(2) pursuant to the provisions of parts 1 to 3 of this title, if a different

a Member State has legislation to implement the relevant legal

Regulation of the European Union ^ 8).



§ 190



The European arrest warrant



The European arrest warrant means a decision



and the Court of the United States) issued for the purpose of arrest and surrender of the person of the

another Member State to the United States for prosecution or to

the performance of unconditional imprisonment or protective measures

involving deprivation of liberty, or



(b)) of the judicial authority of another Member State issued for arrest for

transfer of the person to that Member State for criminal prosecution or to

the performance of unconditional imprisonment or protective measures

involving deprivation of liberty.



§ 191



(1) the Ministry upon request, the Court shall provide in

discovery of information from another Member State required to issue

the European arrest warrant, or in the context of decision-making

the handover. The Supreme State Prosecutor's Office at the request of the State

the representative will provide such assistance in relation to the filing of the application on the

a European arrest warrant or in connection with the preliminary

the investigation.



(2) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with other Member States, the Court shall provide to the Ministry at its

request the necessary information, in particular on the number of proceedings for transfer to other

Member States and their outcome as well as similar information regarding the

of European arrest warrants issued for the purpose of the transfer from other

of the Member States.



Part 2



Transfer from another Member State



§ 192



Jurisdiction of the Court



The court competent for the procedure under this part the Court that leads

criminal proceedings and, in preliminary proceedings, the Court has jurisdiction under section 26

the criminal procedure code, if not stipulated otherwise.



§ 193



(1) if it was issued an order for the detention, arrest or order for the command to

delivery to the enforcement of the sentence or, if the Court acts taken towards

the delivery person in the performance of the protection measure involving deprivation of

freedom and could not be when it within 6 months from the making of the order or

take these actions to apprehend, arrest, or deliver to performance

such a sentence or a preventive measure, President of the Chamber shall issue, without

undue delay, the European arrest warrant; in preliminary proceedings, so

the judge shall, on a proposal of the State Prosecutor, who shall without undue

delay after the expiry of the same period. If it can be reasonably assumed that the

the person whose handover goes, staying in another Member State, it is possible to

the European arrest warrant issue even before the expiry of 6 months.



(2) the European arrest warrant shall be issued on the prescribed form ^ 6), and

contains the particulars shown therein. The European arrest warrant may be issued

for deed, for which



and you can save) imprisonment of a maximum of criminal

at least 1 year or protective measure involving deprivation of

freedom with the highest duration of not less than 1 year, or



(b)) has to be executed by imprisonment or protective

measures involving deprivation of liberty of at least four months.



(3) the European arrest warrant shall be issued, given some of the obstacles

referred to in § 79 paragraph 2. 2 (a). a), (c) or (d)).)



(4) the European arrest warrant may be issued for an offence which does not meet the

the conditions referred to in paragraph 2, second sentence, or for which it is given some

of the obstacles referred to in § 79 paragraph 2. 2 (a). and) and (c)), if it is issued for the

more acts, one of which meets one of the conditions

referred to in paragraph 2, second sentence, and is not given to him, none of the

the barriers referred to in paragraph 3.



(5) in the preliminary proceedings, the Prosecutor shall inform the Court about how

due to its design. If the proposal fails to comply, it shall at the same time the reasons for

that he did so.



(6) the Court shall deliver a European arrest warrant to the Police Presidium of the Czech

States with a request for an alert in the Schengen information

system for the purpose of arrest for extradition or surrender of the person and its publication in the

Search in the Member States not linked to the Schengen information

the system. If it is known where the person is, be served on the Court of the European

the arrest warrant to the competent authority of the sending State, also with translation

in the official language of this State, or into another language, in which it is

State willing to accept the European arrest warrant.



(7) at the request of the competent authority of the sending State, the Court shall give

additional information and the addition of the necessary for the purposes of the decision on surrender.

In the preliminary proceedings, the Prosecutor shall provide the Court in

the findings of such information and additions. The Court may, even without such a request,

also provide any other information that it considers necessary for

the decision about the transfer.



(8) If the European arrest warrant has been issued for the purposes of the performance

unconditional imprisonment or protective measures of the United

the deprivation of liberty that have been stored imposed in

absence, the person whose handover goes, so far has not received any

official information about the fact that the criminal proceedings against her, and asks

through the competent authority of the sending State to

provided with a copy of the decision prior to its passing, this Court


authority shall send without delay. Providing a copy of this decision shall

not considered to be of service.



(9) if the final conviction of the person whose surrender it, to

imprisonment or to the final storage

the protective measure involving deprivation of liberty which comply with

the conditions referred to in paragraph 2, and if it was previously issued by the European

arrest warrant for the purpose of the transfer for criminal prosecution, or if the

the relevant facts which led to the issue of the European arrest

warrant, in particular legal qualification or factual circumstances, the Court

the new European arrest warrant, and revoke the original EAW

the order; If there is a change in the facts in preliminary proceedings,

It shall do so on the proposal of the public prosecutor, who shall without undue

delay after such a change has occurred.



§ 194



The assurance



(1) if the State makes the surrender of the person providing the transferring assurance

relating to criminal proceedings, the Court may give such assurance; in

preliminary proceedings, take into account the opinion of the public prosecutor.



(2) if the person has passed on the basis of the assurances, such assurances are

shall comply with.



(3) if the person is passed from a Member State of which he is a citizen of, or there

has permanent residence, provided that in the case of a conviction for

imprisonment or the imposition of a safeguard measure

involving deprivation of liberty returned back to this member

State, President of the Chamber shall inform the competent authority of the sending State to

such a final decision and shall provide the necessary assistance for the

the purpose of the enforcement of judgments in the transferring State.



§ 195



If the State rejects the transfer of the person relying to exercise unconditional punishment

imprisonment or protective measures involving deprivation of

freedom on the ground that the person is a citizen, it has on its territory

permanent resident or present, President of the Chamber shall provide

the competent authority of the sending State, the necessary assistance for the purpose of

enforcement of decisions in this State.



§ 196



To the procedure after the surrender of the person shall be used mutatis mutandis the provisions of § 83.



§ 197



The appeal of the European arrest warrant



(1) the Court shall withdraw the European arrest warrant, if the



and) has been revoked an order to arrest, the warrant or order for the delivery of

of imprisonment or has been waived for supply operations

person in the performance of the protection measure involving deprivation of

freedom,



(b)) have been additionally identified the reasons for which cannot be the European arrest

order,



(c) the person has been delivered to the Court) or the police authority,



(d)) the person has been shipped to prison or the performance of the protective device

measures,



(e)) was issued by the new European arrest warrant, or



(f)) further investigation is not in another Member State for another reason.



(2) on an appeal the European arrest warrant, the Court shall notify, without delay,

The Police Presidium of the Czech Republic for the purpose of carrying out the necessary

measures and also in preliminary proceedings the State Prosecutor.



§ 198



Speciality



(1) a person may not be deprived of the passed in personal freedom or against it cannot

be guided by the criminal prosecution or punishment on her enforced or protective

measures for different offence committed prior to surrender, other than for which it was

passed, unless the



and) within the framework of criminal prosecution does not limit or the deprivation of his or her personal

freedom,



(b)), she left the territory of the United States and voluntarily returned or

on the territory of the Czech Republic was taken lawfully,



c) staying in the territory of the Czech Republic after the expiry of 45 days after its

release from custody, from the exercise of unconditional imprisonment or

After the termination of the protection measure involving deprivation of

freedom, although she had the opportunity to leave the territory of the Czech Republic,



(d) the person threatening) passed to save only other punishment than unconditional

imprisonment or the imposition of protective measures versus

deprivation of liberty, even in the case that may, under the law

the specified conditions to be changed to an unconditional prison sentence

freedom or to protective measures involving deprivation of liberty,



(e) the person has passed) gave up the right to the application of the principle of speciality,

or waiver of this right was part of its agreement to the

by passing to the Czech Republic,



(f) the person has passed) after his/her surrender, has expressly renounced entitlement to the application

the principle of speciality, or



(g)) the competent authority of the transmitting State has granted consent to prosecution

passed to the person or performance of a sentence or a preventive measure.



(2) If a person gave up rights to the passed in application of the principle

Specialties according to paragraph 1. (e)), President of the Chamber, and in the preparatory

management of the judge on the proposal of the public prosecutor, it shall be heard in the presence of

defence counsel and instruct her about the possibility of giving up the rights to the application of the principle

specialties, as well as on the implications of this statement. This statement

cannot be undone. Deed in respect of which the person gave up the right to

the application of the principle of speciality, shall describe the Court in the log so that it cannot

be confused with another deed.



(3) the request for consent referred to in paragraph 1 (b). (g)) in the preliminary proceedings

the judge, upon a proposal of the State Prosecutor in proceedings before a court and the President of the

the Senate. The request shall state the data corresponding to the content requirements

the European arrest warrant. The request shall be forwarded to the competent authority

the transferring State with a translation into an official language of that State, or

another language, in which it is relying to stand willing to European arrest

orders accepted.



(4) for an additional consent referred to in paragraph 1 (b). g) shall be considered a

request of the transmitting State to assume criminal proceedings against that person,

or the enforcement of a sentence or a preventive measure for the crimes committed

prior to its passing. This is also true about the criminal complaint filed by

by that State.



§ 199



Additional transfer from the United Kingdom to other Member States



(1) the person so surrendered can be further transferred to another Member State for

the deed had been committed before passing it to the United States only with the consent of

of the sending State, unless otherwise stipulated.



(2) without the consent of the transmitting State may be further transferred to another person

Member State if the



and this person) agrees with the further transmission to another Member State,

or



(b)) for this person will not apply the principle of specialties for the reasons referred to in §

paragraph 198. 1 (b). a) to (c)) or e) to (g)).



(3) the consent of the sending State under paragraph 1 requests the President of the

the Chamber of the regional court in whose district the State representative who

a preliminary investigation leads, on the proposal of the public prosecutor. Further

shall proceed mutatis mutandis under section 198 paragraph 1. 3.



(4) a person who has been extradited to the Czech Republic, can be passed to the

to another Member State for an act committed before the release to the United

the Republic only with the agreement of the issuing State. The Ministry performs the

the necessary actions to ensure the consent of the issuing State by virtue of

at the initiative of the competent public prosecutor's Office.



§ 200



The temporary takeover of the person



(1) the President of the Senate, and in preparatory proceedings upon a proposal of the public prosecutor

the judge may, before deciding on the transfer request of the transmitting authority

State of the temporary transfer of the person to whom it was issued European arrest

the order, in the territory of the Czech Republic for the purposes of criminal prosecution.



(2) the Court shall specify in the request for that operation, at what time and on what

the reasons for the presence of persons in the Czech Republic is necessary, and to ensure that

This person will be for the duration of the temporary transfer in custody.



(3) if the transmitting State shall permit temporary transfer of the person, shall decide

President of the Chamber and the pre-trial judge, that this person will be

a period of temporary transfer in custody. Binding begins this

the person by the authorities of the Czech Republic. The decision shall be served on the person without undue

delay after its delivery to the prison. The provisions of title of the fourth section of the first

the criminal procedure code will not apply. The provisions of § 86 para. 7 shall apply mutatis mutandis.



(4) return of persons to a State which it temporarily forwarded, and

related release that person from custody shall ensure that the President of the Senate, and in

the preliminary proceedings, the Prosecutor. The period for which the temporary handing over of

enabled, it cannot be exceeded, unless the transferring State agrees.



(5) If a person temporarily taken over for release from custody, the State

Representative and President of the Senate after the indictment shall forward such a request

the competent authority of the sending State.



(6) if the authority shall notify the sending State that the person has taken over temporarily

be released from detention, ensure her release without undue delay

the State Prosecutor and President of the Senate after the filing of the indictment; in this case,

the return of persons to a State which it temporarily forward, does not. About

the release of persons from detention, it is necessary to inform the competent authority

of the sending State.



(7) For providing assurance for the temporary transfer similarly to § 194.



(8) if in the transferring State decided to pass, whose performance was

postponed, the President of the Senate and in preliminary proceedings, on a proposal from the State


the representative of the State of the transferring authority may ask the judge for a temporary pass

the person to whom it was issued a European arrest warrant, on the territory of the United

States for the purposes of criminal prosecution. Otherwise proceed reasonably

in accordance with paragraphs 2 to 7.



§ 201



Transit of persons through the territory of a third State



To submit a request for transit operations through the territory of a third State in

connection with the passing of a person from another Member State to the United

the Republic is the competent Ministry.



Part 3



Transfer to another Member State



§ 202



The jurisdiction of the



(1) the Court with jurisdiction in accordance with this part of the procedure is the District Court, in

the area was the person whose handover goes, detained; If there were no

her arrest, the regional court in whose area the

the person stay. To change the circumstances on the basis of which the local

jurisdiction of the court designated, occurred after the initiation of the interim

the investigation, shall be disregarded.



(2) the Acts referred to in this part of the State State Prosecutor

the Prosecutor's Office, which works with the court competent under paragraph 1. This

the Prosecutor's Office is also responsible for the adoption of the European

the arrest warrant.



(3) if the European arrest warrant served on the institution, which is not

competent to adopt, without delay, to forward to the relevant national

the Prosecutor's Office and shall inform the authority that issued it.



§ 203



The preliminary investigation



(1) the purpose of the preliminary investigation is, in particular, to determine whether the transfer of the person to

another Member State does not prevent the matters referred to in section 205.



(2) the public prosecutor carries out a preliminary investigation, becomes aware of

the crime for which another Member State can issue a European arrest warrant

order, or if the public prosecutor's Office delivered the European arrest

an order in another Member State. A preliminary investigation is initiated by the retention

persons whose transmission it comes, or by requesting the necessary messages. If

initiated a preliminary investigation without having received a European arrest warrant,

the public prosecutor without delay the competent authority of another Member

the State of his delivery.



(3) If no other Member State has not yet issued the European arrest

the order, the procedure referred to in paragraph 2 shall not apply if they are not aware of

sufficient information on the



and to the person whose) transmission goes,



(b)) the existence of a conviction, an arrest warrant or other

the decision having the same effect, issued in requiring the State to a person about

the transmission goes, that could be the basis for a European

the arrest warrant; instead of using this information is sufficient facility

authority of another Member State, that the European arrest warrant will

issued without delay,



c) deed, for which another Member State can issue a European arrest warrant

the order, including the upper limit of punishment for this Act can be in

This State is stored or the amount of the penalties for this Act was in this

the state saved.



(4) if information contained in the European arrest warrant are not

sufficient for the decision on surrender, the public prosecutor shall request the competent

authority of the requesting State about their Tween. To this end, it lays down the

a reasonable time limit and warns him that if this information does not in

the time limit, the preliminary investigation will be terminated.



(5) if the person whose surrender goes, a citizen of the United States

another Member State or a citizen with permanent residence in the territory of the United

States and the European arrest warrant has been issued for the purpose of transmission to the

criminal prosecution, the public prosecutor shall request from the competent authority of the

requiring the State's assurance that this person will be granted performance

unconditional imprisonment or protective measures of the United

deprivation of liberty in the Czech Republic, where it will be stored

such kind of punishment or protective measures and after the pronouncement of the judgment

they do not consent to the performance of a sentence or a preventive measure in the

requiring the State.



(6) If not doing so already during detention, the Prosecutor, the person

the transmission goes, listen, familiar with the content of the European

the arrest warrant and instruct her to agree with his passing options to

another Member State and the conditions and consequences of voicing such

consent, including that with by saying the consent to surrender that is associated

waiver of the application of the principle of speciality.



(7) If the European arrest warrant has been issued for the purposes of the performance

unconditional imprisonment or protective measures of the United

the deprivation of liberty that have been stored imposed in

the absence of the person whose surrender is going on, and this person has not received yet

no official information about how that is the criminal proceedings against her,

may, after it was made aware of the content of the European arrest warrant,

to request that a copy of the decision was received before his surrender. State

the representative of such a requirement shall inform the competent authority of the requesting

State and after receipt of a copy of such a decision, it shall provide to the person on the

the handover. Pending this requirement does not affect the progress of the

the pass-through of the proceedings.



(8) State representative terminates the preliminary investigation, if



and) the Member State, which could issue a European arrest warrant, through

a challenge deliver a European arrest warrant,



(b)) that require the State in due time the requested information, nedoplnil



(c)) the person whose handover goes, she died,



(d)) the person whose handover goes, would not be under the laws of the United

the Republic due to their age criminally liable,



e) person whose handover goes, cannot be detained due to the prerogative or immunity,

for which is excluded from the powers of the bodies active in criminal proceedings,



(f)) the person whose handover goes, is not present in the territory of the Czech Republic

or place of residence is not known,



g) requiring State appealed the European arrest warrant or otherwise

reported that the surrender of the person no longer has an interest in, or



(h)), the European arrest warrant was served after the decision of the

the fact that the person whose handover goes, it will be transferred to another State in accordance with

of this title, or after enabling extradition to another State or after authorisation

transfer to the International Court institution.



(9) the Prosecutor shall immediately inform about the completion of the preliminary investigation

According to paragraph 8, the competent authority of the requesting State, the police

the Presidium of the Czech Republic, the defence counsel and the Ministry. The preliminary investigation is

terminated also submitting a proposal under section 205 paragraph. 1 or a proposal under section

paragraph 208. 2.



§ 204



Detention and temporary custody



(1) the Prosecutor or the police with the consent authority may withhold

the person whose handover goes, if given the reason for the temporary custody and if the

issued a European arrest warrant or, if known, the information referred to in section

203 paragraph. 3.



(2) a police authority is authorised to perform the detention of a person without

the prior consent of the Prosecutor, if the thing does not tolerate delay, and

the consent of the Prosecutor cannot supply. However, it is required to

apprehension, without delay, notify the public prosecutor and pass it the

a copy of the log, which he wrote during detention, and other supporting documents

the Prosecutor needs to be able to submit a proposal on taking into

temporary custody.



(3) if the subject of a European arrest warrant, cannot file a petition for withdrawal

persons whose transmission goes into temporary custody, if they are not aware of

the information specified in § 203 paragraph 2. 3. in detention and the submission of the proposal on

taking into temporary custody otherwise proceed mutatis mutandis under section 93 para.

2 to 4.



(4) The temporary custody of the person whose surrender goes, mutatis mutandis, to be used

§ 94 paragraph. 1, 2 and 4. The Prosecutor immediately be released from such person

temporary custody, if the preliminary investigation was initiated without delivery

the European arrest warrant and the European arrest warrant has not been

to the competent public prosecutor's Office delivered within 20 days from the date of the taking into

of temporary custody; This does not apply in the case of simplified surrender. The release of the

from a preliminary binding does not exclude new temporary custody should, if

the European arrest warrant delivered subsequently.



§ 205



The decision to transfer



(1) after the end of the preliminary investigation, the Court decides on a proposal from the State

representative in the public session, whether a person shall, before requiring

State; against this decision is admissible a complaint, which has suspensive

effect. The Court decides that the person shall, before requiring the State, if it is not

one of the reasons given for non-transmission referred to in paragraph 2, or any of the

the reasons for the rejection of the application of the public prosecutor referred to in paragraph 5.

The provisions of § 188 paragraph. 1 (b). (e)) code of criminal procedure of referral back

the public prosecutor to the investigation.



(2) the person is in the requesting State does not pass, if



a) is a citizen of the United States or a citizen of another Member

State with permanent residency on the territory of the United States, the European arrest

a warrant was issued for the purpose of transmission to the competent prosecution

authority of the requesting State, has not provided sufficient assurances pursuant to § 203

paragraph. 5,



b) is a citizen of the United States or a citizen of another Member

State with permanent residency on the territory of the United States, the European arrest


a warrant was issued for the purpose of transmission to the performance of unconditional prison sentence

freedom or protective measure involving deprivation of liberty,

the conditions for the recognition and enforcement of judgments, which has been saved

such punishment or protective measures on the territory of the Czech Republic and

This person before the Court in the log States that he does not agree with the performance

This punishment or protective measures in requiring State



c) prosecution for same Act is inadmissible in the Czech Republic

due to an amnesty, if an act falls within the scope of the criminal

the law,



(d)) the European arrest warrant was issued for an offence for which you can

the law requiring the State to impose imprisonment with

the upper bounds of the criminal rates of at least 1 year or protective measures

involving deprivation of liberty with a maximum duration of at least 1

year, or that is to be executed by imprisonment or

protective measures involving deprivation of liberty of at least 4

of the month



e) deed does not populate the characters of the facts of the offence according to the law

The United States and it is not about the negotiations referred to in § 207; in the case of taxes,

taxes, customs or currency cannot decide on non-due to the fact that the

the laws of the United States do not impose the same kind of taxes, fees,

or duties or do not contain the same provisions relating to taxes, fees,

Customs or currency as the law that requires the State



f) criminal liability or the exercise of unconditional imprisonment

they are under the law of the United States barred, if the deed

falls within the scope of the criminal code,



(g)), the surrender of the person to criminal prosecution for an offence for which, in the

The Czech Republic against the same person leads the criminal proceedings, or for the deed,

that was wholly or partly committed on the territory of the Czech Republic, in addition to

in cases where it is necessary to give priority to the implementation of criminal prosecution in the

requiring the State in particular, because of the proper establishment of facts

or for reasons relating to punishment or protective measures or

their performance,



h) criminal prosecution for the same Act held against that person in the United

Republic ended in a final judgment of a court or decision

the Court or the Prosecutor finally stopped or ended in another

by a decision having the same effect, if such a decision was not

repealed,



I) criminal prosecution for the same Act held against that person in a different

Member State or in an associated State, ended with a decision

creates a barrier to matter has been finally decided in accordance with § 11 para. 2

the criminal procedure code, or criminal prosecution for the same Act on this

the person in the third State ended in a conviction or

another court decision having the same effect, if such a decision

It was not cancelled and if the punishment if the person whose extradition goes,

stored, has already been executed, is currently being carried out or under the law of

the convicting State can no longer be enforced,



(j)) the European arrest warrant has been issued for the purpose of transmission to the performance

unconditional imprisonment or protective measures of the United

the deprivation of liberty that have been stored imposed in

the absence of that person, unless the context otherwise requires,



has not been granted consent to) another Member State pursuant to § 199 para. 1 and

has not met any of the conditions specified in § 199 para. 2, or has not been

authorized by the issuing State pursuant to § 199 para. 4,



l) surrender would be contrary to the obligations arising for the Czech

Republic of the international treaties on human rights and fundamental

freedoms, or



m) is a reasonable concern that the person whose handover goes, it was in

requiring the State exposed to persecution on account of their origin, race,

religion, gender, membership of a particular ethnic or other

the group, nationality or for their political views or that

worsened her position in criminal proceedings or in the performance of unconditional

imprisonment or protective measure involving deprivation of

personal freedom.



(3) if the European arrest warrant has been issued for several acts, of which

at least one is not given a reason for non-transmission referred to in paragraph 2

(a). (d)), the person to the requesting State to pass for all these

deeds.



(4) the Person requiring the pass to a State, even if it is given to the reason for

non transmission referred to in paragraph 2 (a). (j)), if



and) the person whose handover goes, was summoned in a timely manner and, therefore,

informed of the date and place of the hearing ordered that led

to issue a decision, or otherwise received official information about the

date and place of the hearing ordered by the Court was clearly

found that of the scheduled trial she knew and was informed that

the hearing may be held and the decisions handed down in his absence,



(b)) the person whose handover goes, knew about the trial and nařízeném

It instructed the Attorney, whom she chose herself, or that she has been appointed,

to it at the trial, and he did so,



(c)) the person whose surrender is it, then, what she was personally served

the decision, and was expressly advised of his right to a new hearing of the case

or the right of appeal, the use of which enables you to

its participation in a new or pending proceedings, reassessment or

a review of the case and the implementation of new evidence and may lead to a change

the original decision, such right explicitly gave up, or is in the

the relevant time limit did not apply or appeal took back or



(d)) to a person whose handover goes, was not personally served, but the decision

It will be done immediately after delivery, this person will be expressly

advised of his right to a new hearing of the case or appeal

resource that allow its participation, reassessment or

review of things and making new evidence which may lead to a change

the original decision, and will be informed of the time-limit for its application.



(5) if at the time the decision of the Court of the person whose surrender is going on,

not present on the territory of the Czech Republic, or stay for the unknown

repeatedly fails to ensure its presence at a public meeting

held on the transfer of the person, the Court shall reject the proposal of the public prosecutor. As well

the Court shall proceed, if, after the filing of the application referred to in paragraph 1 arises

the reason for the completion of the preliminary investigation referred to in § 203 paragraph 2. 8 (a).

(c)), e) or g) or has been identified the reason for the completion of the preliminary investigation

referred to in § 203 paragraph 2. 8 (a). d). If the person whose surrender

It is, at the time the decision of the Court is in custody, the Court shall decide on its

the release of the. This decision can be taken in closed session. Against the

those decisions is admissible a complaint to the public prosecutor.



(6) if the Court decides that the person does not pass, and if this person is in

temporary custody shall be decided at the same time of its release, if it is not a

the case referred to in paragraph 2 (a). b). Against this decision is admissible

a complaint to the public prosecutor, who shall have suspensive effect only if

was made immediately after the announcement of the decision and it was made at the same time

a complaint to the public prosecutor against a decision that the person does not pass.



(7) the decisions referred to in paragraphs 1 and 5, the Court shall immediately inform the

the competent authority of the requesting State and the Police Presidium of the Czech

Republic, and subsequently by the Ministry.



§ 206



Hub transport binding



(1) if the Court decides that the person passes, taking it at the same time to the forward

binding, or decides on the conversion of temporary custody on binding forwarding; When

the simplified transfer progresses on a proposal from the Prosecutor. Against the

This decision is admissible a complaint. The provisions of title of the fourth section of the

the first code of criminal procedure is, of course, with the exception of section 70, 70a, § 71 para. 1

the first sentence and paragraph. 2 (a). and) used appropriately.



(2) the procedure referred to in paragraph 1 shall be applied, even if the person is in the

custody, in the performance of unconditional imprisonment or protective

measures involving deprivation of liberty. In this case,

the person shall be released from detention, President of the Chamber of the Court which conducts proceedings in

the preliminary proceedings, the Prosecutor exercising supervision of adherence to

the legality and performance of unconditional imprisonment or

the protective measure involving deprivation of liberty, the President

the Chamber of the Court which gave the judgment at first instance in a case in which they were

such punishment or protective measures stored.



Section 207



Exceptions to the principle of double criminality



In the case when it comes to passing for the deed, which is possible in

requiring the State to save the punishment of imprisonment

maximum rate of at least 3 years, or protective measures associated with

deprivation of liberty with a maximum duration of at least 3 years, and which

lies in the negotiations, which the Authority requiring the State marks in subparagraph (e))

section I of the form the European arrest warrant ^ 6), the Court does not determine

whether an act constitutes the facts of the offence according to the law

The United States, unless the description of the deed, or legal qualification referred to in


the European arrest warrant clearly do not correspond to the indicated action.



§ 208



Simplified transfer



(1) Simplified the handover is done, if the person whose surrender

It is, before the President of the Senate in the presence of an advocate declares that he agrees

to his surrender to another Member State. Before saying the consent to

his surrender must be advised by the Chairman of the Senate about the importance of such

consent, in particular, that the transfer will be done without a decision on the

pass, and also about the consequences of that are associated with it, including the renunciation of

the application of the principle of speciality. Consent to the transfer cannot be undone.



(2) if the person whose surrender as referred to in paragraph 1 shall declare that

agrees to its passing, the provisions of § 203 paragraph 2. 8 (a). and) and § 205

paragraph. 1 (a). 2 (a). a), b), (d)) to (f)), (j)) and, of course, and the State)

the representative after the end of the preliminary investigation shall submit a proposal to the Court for taking this

the person to the forward links or for the conversion of temporary custody on a binding

Hub Transport, or submits a proposal to postpone the handover. If the State finds

Representative that is given by one of the reasons for the non-transmission of the person referred to

in § 205 paragraph. 2 (a). (c)), g) to (i)) l) or (m)), it shall proceed as if the

person's consent to his surrender has not ruled.



(3) if the person whose surrender goes, in temporary custody,

the public prosecutor or police authority with the consent of the person

holds. State representative shall surrender the apprehended person Court with a proposal for its

taking to the forward binding no later than 48 hours from detention, otherwise it must

be released. President of the Chamber shall proceed in deciding on the

detained person mutatis mutandis in accordance with § 77 para. 2 of the code of criminal procedure.



(4) if the person whose surrender goes, in temporary custody,

President of the Chamber shall hear and decide it on the proposal of the State Prosecutor to

conversion of temporary custody on binding forwarding. About the time and venue

questioning the President of the Senate shall inform the defense attorney and the Prosecutor.



(5) If, after the filing of the application referred to in paragraph 2 occurs, the reason for

completion of the preliminary investigation referred to in § 203 paragraph 2. 8 (a). c), (e)), or

g) or has been identified the reason for the completion of the preliminary investigation referred to in section

203 paragraph. 8 (a). (d)), the Chairman of the Senate proposal will be rejected. If a person,

the transmission goes, at the time the decision of the Court is in custody,

President of the Chamber shall decide on its release. Against those decisions is

admissible complaint to the public prosecutor. Control of the pass ends the legal

the decision to reject an application referred to in paragraph 2.



(6) If the person whose surrender goes, give their consent to his surrender

through the course of public sittings held on surrender, State representative

withdraws its proposal under section 205 paragraph. 1 back and proceed in accordance with paragraph 2

the first sentence. The proposal may withdraw no later than the time before the Court

Removes the final consultation.



(7) the provisions of paragraph 6, he pointed out, if the Prosecutor finds that there is a

one of the reasons given for non-specified in § 205 paragraph. 2 (a). (c)),

g) to (i)) l) or (m)).



(8) on the final decisions in accordance with paragraphs 3 to 5 of the Court shall without delay

the competent authority shall inform the requesting State and the Police Presidium

The United States, and subsequently also the Ministry; If the decision has become

legal force before the Court of second instance, this Court shall submit the information.



§ 209



The deadline for the decision



(1) when executing the European arrest warrant shall be treated with

the largest by accelerating. The Court decides on the European arrest warrant

as a rule, within 60 days after the detention of the person whose surrender is. When

the simplified passing the Prosecutor as a rule shall submit a proposal under section 208

paragraph. 2 so that the Court could decide on it within 10 days of the pronouncement

the consent of this person to surrender.



(2) If, in an exceptional case, decide within the time limits referred to in

paragraph 1, the Court shall decide on the European arrest warrant or on the

forward weave normally within extended by 30 days.



(3) a failure to comply with time limits and reasons informs the Court and in the preliminary

investigation the public prosecutor competent authority of the requesting State and Eurojust.



§ 210



Postponement of surrender



(1) the Court may decide to defer the surrender of the person for the period during which the

required her presence in the Czech Republic in connection with another

the criminal offence for which the European arrest warrant has been issued for

the purpose of criminal proceedings conducted in the Czech Republic, unconditional performance

penalties involving deprivation of liberty or a detention order of a safeguard measure

personal freedom, which were finally saved by a Court of the United States.

A decision on postponing the surrender, the Court may make a decision on

pass; exceptionally, after acceptance of a transfer, if it was found the reason for the

the postponement later or if raised in a new plea for a postponement, until

implementation of the transfer. In doing so, the Court shall take account in particular of the seriousness of the

the offence for which the person is to be surrendered, the severity of the

the Act, in respect of which surrender is to postpone deciding the possibility

the surrender of that person from requiring the State back to the United States, as well as

the possibility of a temporary transfer of the person to the requesting State. Before

by the decision of postponing the surrender, the Court shall request the opinion of the Court's and the

the preliminary proceedings, the prosecutor responsible for the management of the criminal

proceedings in the Czech Republic or the Court that gave the judgment at first instance

in the case which was liable to a penalty or protective measures.



(2) If a decision on postponing the surrender is made when a decision on the

the handover, the provisions of section 206, he pointed out. If the person whose

transmission goes, in temporary custody, the Court at the same time with the decision to defer the

her pass will decide on its release from such links. If

decision on the postponement of the transfer is made after the decision on surrender, the Court

at the same time with the decision to defer its transmission shall decide on its

the release of the forward link.



(3) the decisions referred to in paragraphs 1 and 2 shall be admissible complaint. Against the

the decision to release from custody can lodge a complaint only if

at the same time filed a complaint against the decision on the postponement of the handover.



(4) if Delivered at a time when the person is postponed, the same Member State

other European arrest warrant to that person for a different offence for

which it was decided that this person passes, to the management of such

the European arrest warrant are the competent authorities, which have been active

regarding the original European arrest warrant to that person.



(5) would pass if the reason of postponing the surrender, the President of the Chamber shall decide on the withdrawal of

the person to the forward binding. The provisions of § 206 paragraph. 1 the second sentence, the

He pointed out. If the presence of the person whose surrender is going on, when

deciding on the forward link to ensure otherwise and unless it is a simplified

pass, the procedure under section 69 shall apply mutatis mutandis the criminal procedure code; in such a

the case of the section 79 para. 1 and § 193 para. 1.



(6) the President of the Chamber terminates the proceedings for surrender, if the reason for the

completion of the preliminary investigation referred to in § 203 paragraph 2. 8 (a). (c)), e), (f))

or g) or if it was found the reason for the completion of the preliminary investigation

referred to in § 203 paragraph 2. 8 (a). (d)).



§ 211



Temporary pass



(1) before the decision on surrender, the President of the Chamber may decide that the

allows the temporary transfer of the person, which is located in the Czech Republic

custody or in the performance of unconditional imprisonment or

the protection measure involving deprivation of freedom, in

requiring the State to carry out the necessary transactions to prosecution. In

the preliminary investigation shall do so on the proposal of the State Prosecutor. In the decision

fix an appropriate time limit, which may not be longer than 10 days, within which the

temporarily be passed to a person returned to the territory of the Czech Republic, if it

does not prevent the circumstances requiring the State "or if the

return of the people endanger her life or health. The period during which the

a person temporarily surrendered to the time limits under section 209 paragraph. 1 and 2 shall not be counted.



(2) after the surrender decision, whose performance has been postponed, the President may

the Senate decide to allow the temporary transfer of the person, which is located in

The Czech Republic is in custody, in a performance of unconditional imprisonment

or protective measure involving deprivation of liberty, the

requiring the State to carry out the necessary transactions to prosecution. In

the decision shall set a reasonable time limit, which may not be longer than 1 month,

in which the person so surrendered shall be temporarily returned to the territory of the United

the Republic, unless the circumstances requiring the State

"or if it would return the person endangers the life or

health.



(3) temporary transfer can only be enabled if the requiring State shall provide the

the assurance that a person will be for the duration of the temporary transfer shall be limited to personal

freedom and that it will be applied against the required limits resulting from

because of the binding on the territory of the Czech Republic.



(4) the implementation of the temporary transfer shall ensure that the President of the Senate.



(5) If a person to be temporarily surrendered, in custody in

criminal proceedings in the Czech Republic, it can be a temporary pass

allowed only with the consent of the Court and, in preliminary proceedings the State


representatives of competent to conduct such proceedings.



(6) the temporary handing over of power interrupt binding, unconditional sentence

imprisonment or protective measures involving deprivation of

freedom in the Czech Republic.



(7) the time limit referred to in paragraph 2 may, in agreement with the competent authority

that requires a State may extend only for the same purpose for which it was

the temporary transfer of the person authorised. The temporary transfer of the person referred to in paragraph 2

You can do this repeatedly.



§ 212



Privileges and immunities



(1) If a question arises as to whether or to what extent is a person about

the transmission goes, excluded from the powers of the bodies active in criminal proceedings,

decide on the design of this person, the public prosecutor or the Court of

The Supreme Court.



(2) if the power to waive the privilege or immunity of the competent authority of the United

Republic, asks the Prosecutor or the Court about this, that this body

the person whose handover goes, privilege or immunity.



(3) if the person whose surrender goes, privilege or immunity,

the time limits referred to in § 209 paragraph. 1 to run from the date on which the competent

judicial authority received information to the effect that this person was this

deprived of the privilege or immunity.



§ 213



Pass



(1) the transfer of the person and the related release of hub transport binding

ensure that the President of the Senate.



(2) the person must pass the requiring State not later than 10 days from the

the decision on surrender; When the simplified transfer no later than

within 10 days after the decision of taking the person to the forward binding

or on the conversion of temporary custody on binding forwarding. It was decided to

postponing the surrender, the person is required to pass the requiring State

not later than 10 days after the decision on taking a person into custody after the pass-through

the reasons for the postponement of the handover.



(3) in the case of overlapping of the European arrest warrant and the extradition of

the deadline for the surrender of the person is not running. In such a case the person must pass the

not later than 10 days from the notification of the decision of the Court about the preference

transfer or of the notification under section 218 paragraph. 3.



(4) prevents the transfer of the person within the prescribed period by circumstances beyond

requiring the State or the United States, President of the Chamber shall take

immediately acts needed to arrange a new time pass so that it

could occur as soon as possible after the termination of such circumstances. The transfer must

to take place no later than 10 days after the agreed period as follows. Similarly,

progresses, if there are compelling humanitarian reasons, in particular, undermine the

the disclosure of the life or health of the person whose surrender is.



(5) the person whose handover goes, must be immediately released from

Hub Transport links by the last day period referred to in paragraph 2, 3

or 4.



(6) the President of the Chamber shall provide the competent authority of the requesting State

for information about the length of detention during proceedings in the territory of the pass-through

Of the Czech Republic.



section 214



On reinsurance and pass things identified in the European arrest warrant,

section 104 shall be used mutatis mutandis.



section 215



A sentence or a preventive measure imposed in requiring State



(1) it was decided on non-person that referred to in section 205

paragraph. 2 (a). (b)), the President of the Chamber shall invite the competent authority of the requesting

State to take, within 30 days from the receipt of the request, whether the

the territory of the United States recognised and enforced the decision, on the basis of

the European arrest warrant has been issued, and that for these purposes the delivered

a certified copy of an enforceable decision and its translation into Czech

the language, if not already provided in the course of a pass-through procedure.



(2) if the competent authority does not comply with the State's challenge of the President that requires

the Chamber referred to in paragraph 1 and the person is in the temporary custody, the Court shall release.

President of the Senate on these implications in a challenge requiring the State to notify you.

If the decision is with the translation delivered after the deadline, the Court is

Ministry or shall refer the Court to follow the head

VIII.



(3) if the Court within a specified period or by a certified bear arrives

a copy of an enforceable decision requiring the State and its translation into

the Czech language and the competent authority of the requesting State requires the recognition and

execution of this decision on the territory of the United States, a person is located in the

temporary custody and is given a reason uznávací binding, the Court shall decide without delay

on the conversion of temporary custody to bind uznávací; It is against this decision

admissible complaint.



(4) if the person has passed on the basis of assurances pursuant to § 203 paragraph 2. 5,

President of the Chamber of the competent authority finds that requires a State, whether it

was saved by imprisonment or protective measures

involving deprivation of liberty and that agreed with their

performance in requiring State or whether requiring State asks for her

acceptance of the performance of such a punishment or protective measures, provided that these

the Court did not receive the information within a reasonable time from the surrender of the person.



(5) to the recognition and enforcement of an enforceable decision requiring the State is

the competent court that gave the judgment at first instance, whether the person passes.

In doing so it shall proceed mutatis mutandis pursuant to part III, title IV, part 1, sections 1

up to 3, with the exception of the provisions of § 119, § 121 paragraph 2. 1 to 4, § 122 para. 2 to

4, § 123 paragraph. 3, § 127 paragraph. 1, 2 and 7, § 128, 129, 134 and 135; instead of the

the decision rejecting the proposal of the Ministry pursuant to § 125 paragraph. 1 and section 127

paragraph. 6 decide on the refusal of the recognition of a decision requiring the State.

If another Member State has legislation to implement the

the relevant legislation of the European Union ^ 9), the Court shall proceed

mutatis mutandis under Title VIII. In the case of a citizen of another Member State with the

permanent residency on the territory of the Czech Republic, which has been passed to another

the Member State on the basis of assurances pursuant to § 203 paragraph 2. 5, or about

which it was decided to non transmission to another Member State by reason of the

referred to in section 205 paragraph. 2 (a). (b)) § 120 paragraph 1. 1 (b). He and I)

court approval under section 299 para. 3 is considered to be granted.



§ 216



The extension of the surrender



(1) the provisions of this part shall be used in the proceedings on the application

another Member State, which has been passed to the person giving consent



and prosecution for another) deed had been committed before surrender, for which

was passed,



(b) performance penalty) or protective measures imposed for such

deed,



(c)) with the surrender to another Member State for criminal prosecution for such

deed or to exercise unconditional imprisonment or

the protective measure involving the deprivation of liberty imposed for

such a deed, or



(d)) with the release to a third State for prosecution for such a deed

or for the performance of unconditional imprisonment or protective

measures involving deprivation of liberty imposed for such

deed.



(2) the proceedings on any such application, the competent authorities, which have been active in the

of the surrender procedure. You need to decide on the request, usually within 30 days of

delivery.



(3) the Court shall decide on the request of another Member State in the public

meeting in the presence of the Prosecutor and defence counsel of the person in respect of which

It was about giving consent is requested. The person, in respect of which the grant

consent is requested, shall be served on the challenge to choose defence counsel only,

the provisions of the defence counsel and the decision to grant or refuse a consent with the

by extending the transfer.



(4) the consent referred to in paragraph 1 is not necessary if the person before the Court

another Member State, after his/her surrender, give up applying the principle

specialties or if simplified surrender took place. In this case,

the Prosecutor shall inform the competent authority of another

of a Member State.



§ 217



Overlapping of European arrest warrants



(1) if the authorities of the United States were delivered to the same person, the European

arrest warrants from the court requiring the States, on a proposal from the State

the representative shall examine the conditions in relation to each of them separately, and

If these conditions are met in more that require States to decide on the

determine to which of them will be passed to the person, and at the same time decides that

specified that requires a State passes. Taking account of all the

circumstances, in particular the severity of the crime and the place where, the data

issuing of European arrest warrants and whether they were issued for the purpose of

of criminal prosecution or the execution of unconditional imprisonment or

the protective measure involving deprivation of liberty. At the same time can

give consent to surrender the person to the next, requiring the State. About your

the decision of the Court shall inform the competent authorities of the other requiring States.



(2) if the European arrest warrant from the requesting State after

what the Prosecutor handed the Court a proposal for decision on the basis of the

previously delivered the European arrest warrant, such a proposal

the back, where the Court has already decided. Proceed in accordance with paragraph 1.



(3) the decisions referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



§ 218



Overlapping of the European arrest warrant with a request for the issue of



(1) if the authorities of the United States delivered on the same person, the European


arrest warrant and extradition request, the Court will decide on a proposal from the State

the representative of the first transmission referred to in section 205 and on the admissibility of extradition under §

95. After the decision that the person passes, and the decision on

the admissibility of the release of the President of the Chamber shall refer the matter without delay to the

the Ministry. If the Minister of Justice has doubts about the accuracy of the

the Court's decision on the admissibility of extradition, the Supreme Court shall submit a proposal to

the review of such a decision within 15 days from the date on which the

the Ministry submitted to the thing; The Supreme Court shall decide on this proposal

without delay.



(2) if the Minister of Justice has not submitted a proposal for the review of the decision,

that release is permitted, shall, within 15 days of the date on which the matter was

the Ministry submitted, on whether they will give priority to the issue. If the decision

The Supreme Court, that the release is permissible, or rejected the proposal of the Minister of

Justice on the review of the decision, that the release is permissible,

the Minister of Justice shall, within 15 days of the referral back

The Supreme Court on whether it will give priority to the issue. Taking account of all the

circumstances, in particular the severity of the crime and the place where, date

the delivery of the European arrest warrant and the receipt of the request for extradition and

whether it is a surrender or extradition for the purpose of criminal prosecution or the execution of

unconditional imprisonment or protective measures of the United

the deprivation of liberty.



(3) he has not submitted a proposal to the Minister of Justice to review the decision,

the issue is not permissible, if the Supreme Court decided that the release is not

permitted or rejected the proposal to the Minister of Justice to review

the decision, that the release is not admissible, the Ministry about this fact

shall promptly inform the Court which proceed according to section 213.



(4) in the case that the Ministry immediately release deprioritize about

This fact shall inform the Court which proceed according to section 213.



(5) in the case of preference for the release of the Minister of Justice at the same time

Decides that the issue of permits. About this decision of the Ministry of

shall promptly inform the Court. After disclosure, the Court shall revoke its resolution

the decision on the handover and in the procedure for issuing it shall immediately proceed pursuant to section

101.



section 219



(1) in the case of overlapping of European arrest warrants or overlapping

the European arrest warrant with a request for release is to the procedure for later

delivered the European arrest warrant or extradition requests the competent

the Court that is competent for the proceedings for the earlier delivered the European arrest

warrant or request for extradition.



(2) the provisions of § 96 and 208 in the case of overlapping of European arrest

warrants or overlapping of the European arrest warrant with a request for the issue of

of course; If a person has already expressed consent to his surrender or

their release, such consent shall be disregarded.



section 220



Transit of persons through the territory of the United States in connection with the passing



(1) If a request for transit operations delivered by fax, by electronic means,

through the international police cooperation, or in any other way,

capable of producing a written record, the additional delivery of its

the original in paper form is not required.



(2) does not include an application for transit operations for information about the identity and

nationality to be passed to the person on the issue of the European arrest

warrant, on the nature and legal classification of the offence or the description

the circumstances of the offence, including the date and place of its perpetration, the

the Ministry will invite the other Member State that requests for transit operations to

supplemented in laid down a reasonable time.



(3) in the rest of the transit of persons through the territory of the Czech Republic in

connection with its passing on the basis of a European arrest warrant

will, mutatis mutandis, the provisions of part three, title V, part 2, with the exception of § 142

paragraph. 2 (a). and), e) and (i)).



§ 221



Article 220 shall be used on the transit of persons, to be of

foreign State issued in another Member State.



Part 4



Pass with Iceland and Norway



§ 222



(1) the provisions of this part are used for transfer between the Czech

Republic and Iceland and/or Norway on the basis of an arrest warrant, which

It was issued by a Court of the United States or a judicial authority of Iceland or

Norway for the purpose of arrest and surrender of the person to criminal prosecution or to

the performance of unconditional imprisonment or protective measures

involving deprivation of liberty.



(2) the warrant shall be issued on the form provided for by the international

^ 10) agreement and contains the elements therein.



§ 223



(1) the Ministry shall provide to the Court on the basis of his application in

retrieving information from Iceland or Norway needed for release

the arrest warrant or in connection with the decision on surrender.

The Supreme State Prosecutor's Office shall provide to the Prosecutor on the basis of

its request such assistance in connection with the filing of the application on the

issue an arrest warrant, or in connection with the preliminary investigation.



(2) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with either Iceland or Norway shall provide the Court Ministry on its

request the necessary information, in particular on the number of proceedings for transfer to Iceland

or Norway and their outcome, as well as similar information regarding the

arrest warrants issued for the purpose of transfer of Iceland or Norway.



§ 224



Transfer to the United States



The transfer of the person from Iceland or Norway to the United Kingdom and the

related acts will apply mutatis mutandis the provisions of this title on

the basis of a European arrest warrant.



§ 225



The handover from the United Kingdom



(1) The transfer of the person from the United States to Iceland or Norway, and on the

related acts will apply mutatis mutandis the provisions of this title concerning the European

the arrest warrant. The provisions of § 203 paragraph 2. 5, § 205 paragraph. 2 (a). a), (b))

and (e)) and § 207, of course. The provisions of § 209 paragraph. 3 he is, as far as

of information to Eurojust.



(2) the person whose handover goes, to Iceland or Norway does not pass also

in the case that



a) is a citizen of the United States,



(b)) the deed does not populate the characters of the facts of the offence according to the law

The United States and it is not about the conduct in respect of which cannot be due to

lack of double criminality to refuse to execute the arrest warrant

According to the agreement between the European Union and the Republic of Iceland and the

the Kingdom on the surrender procedure between the Member States of the European Union and

Iceland and Norway ^ 11); in the case of taxes, fees, duties, or currency cannot be

decide on a non only due to the fact that the laws of the United

States do not impose the same kind of taxes, levies or duties, or

do not include the same provisions relating to taxes, duties, customs or currency

as the law that requires the State, or



(c)) the offence for which the arrest warrant, has exclusively

political nature, and by requiring the State concerned is not guaranteed

reciprocity ^ 12).



(3) the provisions of paragraph 2 shall be used, even in the case that Norway

or Iceland asks for the consent with the extension of the transfer.



TITLE III



COMMAND TO ENSURE THAT THE VALUE OR MEANS OF PROOF



Part 1



Common provisions



§ 226



The scope of the



(1) the provisions of this title are used to



and) case, where revision of the established facts that is intended to

Commission of an offence or a criminal offence has been taken or is the proceeds

of the offence,



(b)), or a replacement value



c) evidence pursuant to § 112 criminal procedure (hereinafter referred to as "the probative

means "),



they are to be provided in another Member State on the basis of the order for

collateral issued by the judicial authority or to be secured in the Czech

Republic on the basis of the freezing order issued by a judicial authority

another Member State law enforcement agencies for the purpose of forfeiture or

prevents or the taking of evidence.



(2) under this title shall be applied, if another Member State has

legislation to implement the relevant legislation of the European

Union ^ 13).



§ 227



Order to ensure the



To ensure the command means



and) command to the withdrawal of the case or decision under the fourth head

the fourth section of the criminal procedure code, if they have been issued by the President of the Senate and in the

the preparatory proceedings by the public prosecutor,



(b)) a decision laying is to be prevented from destruction, alteration, relocation,

the transfer or sale or other values specified in § 226 paragraph 1. 1

(a). a) and b) (hereinafter referred to as the "value") or means of proof, if it was

released a judicial authority of another Member State.



§ 228



Relationship with other provisions of the



(1) unless otherwise provided in this title shall apply to ensure the values or

means of proof provisions of part three title I.



(2) the provisions of this title shall not preclude the procedure according to the provisions of section

the third title I.



Part 2



Ensure the value or means of proof in another Member State



§ 229



Issuing the freezing order



(1) if it is necessary to ensure a value or means of proof in another

Member State, the President of the Senate and in preliminary proceedings, the Prosecutor

issues a command to ensure the certificate and attaches the specified

form ^ 14) with translation into the official language or one of the official


the languages of the other Member State or into a language in which the other Member

State willing to accept the freezing order.



(2) in the case of securing means of proof joins the command to

ensure a request for the evidence to the United States;

If you cannot do so, includes a certificate to evidence

He remained locked in another Member State by the time of the execution of such a request.



(3) in the case of securing means of proof can a judicial authority in

certificates indicate the formalities and procedures, which has judicial

authority of another Member State control during the performance of the freezing order.



(4) in the case of collateral values includes a certificate to the value of the

remains assured in another Member State by the time of the request for

recognition and enforcement of a confiscation or prevents, or if it has the value

forfeited or be taken in another Member State on the basis

the Court's decision sent to recognition and enforcement pursuant to Title VII, part 2, the

the period of recognition and enforcement of such a decision.



(5) subject to an order values in another Member State may be issued after

the decision on confiscation or prevents, if possible

make important reasons before.



§ 230



Sending command to ensure the



(1) the President of the Senate and in preliminary proceedings, the Prosecutor shall send the command

order, including the certificate and any other attachments without undue

delay after its release to the competent judicial authority in another Member

State. The person against whom the order is directed, with the command to

ensure the delivered only after the competent judicial authority of another Member

State to ensure performance of this command in that other Member State, or

This command did not recognize or to refrain from doing.



(2) the Ministry on the basis of the request of the President of the Senate and the Supreme State

the Prosecutor's Office at the request of the public prosecutor shall provide assistance

When the discovery of relevant information, in particular when the findings of the competent

the judicial authority of another Member State, which is to be sent to the command

to ensure, or when verification of the conditions laid down by the laws of this

of another Member State for the recognition and enforcement of such an order.



(3) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with other Member States, the Court shall provide to the Ministry at its

request the necessary information, in particular about the number of commands to ensure

sent to other Member States and to the recognition and enforcement of the outcome

proceedings for recognition and enforcement of such orders to ensure in other Member

States.



§ 231



Termination or limitation of ensuring



(1) if there is a final cancellation or limitation of collateral or to

the cancellation of the freezing order under the criminal procedure code, the President of the Senate, and in

preliminary proceedings, the Prosecutor shall immediately of this fact

shall inform the competent judicial authority of another Member State.



(2) if it is not a matter which has been provided in another Member State on the

the basis of the order for the withdrawal of the case, for further proceedings to be had and

does not come into consideration its forfeiture or prevents, President of the Senate, and in

preliminary proceedings, the Prosecutor shall immediately of this fact

shall inform the competent judicial authority of another Member State. If it was

the following secured thing passed to the United States as a means of proof,

at the same time it returned to the competent judicial authority of another Member State,

except in the case where the competent judicial authority of another Member

the State gave up the right to return such things; in this case, there is no need

or send the information referred to in the first sentence.



Part 3



Ensure the value or means of proof in the Czech Republic



§ 232



The jurisdiction of the



(1) for the determination of jurisdiction to decide on the recognition of the statement to

collateral issued by a judicial authority of another Member State and to

ensure the enforcement of the decision on the recognition of this command applies, mutatis mutandis, to section

48 para. 4, para. 5 the first sentence, second paragraph. 6 and 7.



(2) the Ministry or the Supreme Public Prosecutor's Office shall, at the request of the

authority of another Member State in finding the necessary

information, in particular when the findings of the competent judicial authority to which the

to be sent to an order issued by a judicial authority of another

Member State, or when verification of the conditions laid down by the laws of the

The United States for the recognition and enforcement of such an order.



(3) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with other Member States, the Court shall provide to the Ministry at its

request the necessary information, in particular on the number of proceedings for recognition and enforcement of

freezing orders issued by the judicial authorities of the other Member States and

their outcome.



§ 233



Recognition and enforcement of a freezing order



(1) by decision of the judicial authority shall immediately recognise a freezing order,

unless one of the grounds referred to in paragraph 4 or 6, and immediately

ensure the execution of the decision procedure under title the fourth section

the fourth of the criminal procedure code, unless it decides to delay the enforcement of decisions,

or the enforcement of a decision cannot be performed because value or evidentiary

the resource that are the subject of collateral, have disappeared, have been destroyed

or cannot be found in the location indicated in the certificate or that the

the place where the should have, it was not certified to be sufficiently

accurately.



(2) in the exercise of the recognition of the decision to ensure the burden

resource, you must follow the formal arrangements and procedures that

the judicial authority of another Member State in the certificate, if they are not in

contrary to fundamental principles of law of the Czech Republic.



(3) the surveys referred to in the head of the fourth section of the fifth code of criminal procedure can be used when

the performance of the freezing order issued by a judicial authority of another Member

the State performed only under the condition that the Act would be a criminal offence and

under the law of the United States.



(4) the judicial authority without delay the decision does not recognise a freezing order,

If



the deed does not populate the characters) the constituent elements of a criminal offence under the law of

The United States and it is not about the conduct referred to in section 234; in the case of criminal

offences relating to taxes, duties, customs or currency cannot command to

ensure that is issued by a judicial authority of another Member State not to recognise only

due to the fact that the laws of the United States do not impose the same

type of taxes, levies or duties or do not contain the same provisions as regards

the taxes, fees, duties, or currency as the legal provisions of the Member

State,



(b)) its recognition or enforcement would be contrary to the barrier to matter has been finally

decided,



(c) the privilege prevents) or immunity under the law or the international

the law, for which a person is excluded from the powers of the bodies active in criminal

management,



(d)) subject to an order has not been issued in criminal proceedings in another Member

State, or



e) value, which is the subject of the collateral, is not subject to other

the legislation of the forfeiture or prevent.



(5) If a question arises as to whether or to what extent is a person

which the freezing order is directed, excluded from the powers of the institutions operating in the

criminal proceedings, shall decide on the design of this person or judicial

authority of the Supreme Court.



(6) the judicial authority further may not recognize the command decision to ensure

If this command is not accompanied by a certificate on the

form ^ 14), this certificate is obviously incomplete, does not match the content

command or is not translated into the Czech language or another language, in the

which the certificate can be declared by the United States ^ 15) accepted.

The judicial authority shall, without delay, before the decision on non-recognition prompts the judicial

authority of another Member State to him within the time limit laid down posted by

certificate, its corrected version or translation of the certificate to the appropriate

of the language. At the same time it notifies you that if you fail to do so within the prescribed period,

without said substantial grounds for so could not make, will not recognize

command.



(7) against the decision, which is subject to an order acknowledges, it is permissible

the complaint; on the complaint against the decision of the public prosecutor shall be decided by the Court

referred to in § 146a of paragraph 1. 1 code of criminal procedure. Complaints cannot be challenged

the reasons for which the order was issued.



(8) the judicial authority shall immediately inform the judicial authority of another Member

State of recognition or non-recognition of the command to ensure the enforcement of decisions

or of the facts to the enforcement, the administration of

the complaint against the decision that the order is accepted and the

the outcome of the proceedings concerning this complaint.



(9) when the request for the surrender of a secured means of proof to

another Member State, the judicial authority shall proceed mutatis mutandis under section 67

paragraph. 1 and 3.



section 234



Exceptions to the principle of double criminality



In the case when it comes to the deed, which can be in another Member State

Save the imprisonment of a maximum of penalties

at least 3 years, and which consists in the negotiations, that the judicial authority of another

Member State marks in subparagraph (i)) section 1. the form of the certificate ^ 14)


judicial authority does not determine whether an act constitutes the facts

the offence under the law of the United States, unless the description of the deed or

legal qualifications in the certificate clearly do not correspond to the indicated

the negotiations.



section 235



Postponement of execution of a decision on the recognition of the freezing order



(1) the judicial authority may decide to postpone the enforcement of the

recognition of the freezing order, if



and his performance) could interfere with the criminal proceedings conducted in the Czech Republic,

or



(b)) or the value of the evidence referred to in this statement has already been

secured for the purpose of another criminal proceedings conducted in the Czech Republic

or in another State.



(2) as soon as it clears, the reason for the postponement of the execution the decision referred to in

paragraph 1, the judicial authority shall ensure that its performance. If in the meantime in another

Member State the cancellation occurred command or to the cancellation or limitation of

ensure judicial authority shall refrain from ensuring the enforcement of the decision or

his performance in a limited range.



(3) the judicial authority shall immediately inform the competent judicial authority of another

Member State to postpone the enforcement of the decision, including the reasons for the postponement, and

its expected duration, you can estimate it, on the other

restrictions that apply to the value or the evidence referred to

in order to ensure, if he is aware of, and to ensure the performance

After the decision the reasons for action.



section 236



Detention



(1) ensuring the values it takes until the enforcement of the decision on the recognition of

the decision of the judicial authority of another Member State, which was

say the confiscation or the prevents the values given in the statement to

collateral.



(2) ensuring the means of proof lasts until it is returned or is

otherwise governed by § 80 to op.81B the criminal procedure code. Gives up to

judicial authority to return the means of proof to the United States, it takes

ensure the means of proof by the time of the handover to the competent authority

of another Member State.



(3) in another Member State if the cancellation occurred of any order or

to cancellation or limitation of collateral, the judicial authority shall decide on cancellation

or limitation of collateral provided for in the criminal code or under section 80 shall act

up to op.81B the criminal procedure code.



Part 4



Regression claims



§ 237



Claim of another Member State



(1) the Ministry shall pay, at the request of a Member State which has recognised and

ensure enforcement of the collateral, the amount that this State has paid

in accordance with its national law as a compensation to a person if the



and by other) by the Member State to pay according to their national

legislation, the person concerned has been caused by such a command to ensure



(b)) the request of another Member State for the payment of damages paid by it or

documents attached thereto contain the amount of the compensation paid, the

payment is requested, the reasons for and details of the authority responsible for

acceptance of payment, including bank details for remittance

the requested amount or request another payment method, and



(c)) on the request of another Member State is attached, the final decision

the competent authority of another Member State for damages.



(2) in the event that the request of another Member State does not have the necessary

the information Ministry will invite the competent authority of that State to

complement and set a reasonable term to do. In so doing, it always notifies the

the consequences of non-compliance of this challenge. If the competent authority does not comply with the other

Member State that request within the prescribed period, without substantial said

the reasons for that, so could not make, rejects the request.



§ 238



Claim against another Member State



(1) the Department is authorized to ask for another Member State of the payment

the amount paid as damages to a person under the law on

liability for damage caused in the performance of public authority by a decision

or incorrect official procedure in the event that the judicial authority has acknowledged

command to provide and ensure the performance of its decision on the recognition and the

the damage was caused by the collateral.



(2) be entitled to reimbursement of the compensation paid in the form of the request applies

to the competent authority of another Member State in accordance with the laws and

the requirements of this State.



TITLE IV



RECOGNITION AND ENFORCEMENT OF DECISIONS IMPOSING COMPENSATORY MEASURES FOR BINDING



Part 1



Recognition and enforcement in another Member State imposing the replacement

measures for binding



§ 239



(1) under this part and part 3 are the procedures for recognition and enforcement

an enforceable decision of the competent authority of another Member State,

in criminal proceedings, which have been decided on the adoption of any of the

alternative measures for binding specified in § 240.



(2) under this part and part 3 If another Member State

applies legislation for the implementation of the relevant legislation

The European Union ^ 16).



§ 240



The conditions for the acceptance of the decision



(1) the decision of the other Member State can be taken for the purpose of recognition

and performance if the stores one of the those obligations:



and) inform the competent authority of the place of stay or change delivery

addresses,



(b)) to refrain from visits to specific locations,



(c)) to remain, albeit only after the defined period of time, at a certain place



(d) the prohibition of travel)



e) report in due time to the competent authority,



f) refrain from contact with certain persons that are associated with the criminal

activities.



(2) the decision of another Member State fulfilling the condition laid down in the

paragraph 1 is taken for the purpose of recognition and enforcement, if the person

to which he seeks, he has habitual residence in the Czech Republic and agrees with the

my return to the United States.



(3) the decision of another Member State fulfilling the condition laid down in the

paragraph 1 may be taken over for the purpose of recognition and enforcement without meeting the

the conditions referred to in paragraph 2, if the



and) the person against whom the decision is directed, requests that he be sent to the

The United States for the purpose of recognition and enforcement,



(b)) the person against whom the decision is directed, is staying in the territory of the United

Republic or can reasonably be expected that here it intends to delay, and



(c)) the single judge agrees with the acceptance of the decision of that Member State to the

recognition and enforcement in the Czech Republic because of the appropriateness and effectiveness of the

such a procedure, as regards ensuring the successful presence on this

person and ensure effective control over its behavior.



§ 241



The jurisdiction of the



(1) the procedure under this part and part 3 is the District Court in

whose district he resides the person against whom a decision of another Member

the State is facing. If this is not present, the person in the Czech Republic, the

the District Court in whose district the person has or had a last

permanent residence. If you cannot determine the jurisdiction of the Court pursuant to the first sentence, and

the second is to a procedure under this part, the competent District Court of Prague

6.



(2) to change the facts decisive for determining territorial jurisdiction

occurring after the initiation of the proceedings shall be disregarded.



(3) if the decision is sent to the institution of another Member State, that

There is no procedure under this part and part 3 the competent, it shall,

competent court without delay and at the same time for a referral shall inform the competent

authority of another Member State from which it has sent to the decision. If the Court has

that was the decision of referral, the doubts as to its jurisdiction,

progresses appropriately in accordance with § 24 of the code of criminal procedure.



§ 242



The procedure for recognition and enforcement



(1) proceedings for recognition and enforcement in another Member State, the

kicking off at the moment when the competent court delivered a decision

another Member State together with the certificate, where applicable, at least the certificate,

or decision of a Member State with the requirement of the procedure referred to in

This piece.



(2) the conditions are not fulfilled for receipt of decision of another Member

State, the single judge procedure for recognition and enforcement of such a decision and

on its completion, and reasons that led to it, shall promptly inform the

the competent authority of another Member State, the State Prosecutor, if it was already

in the matter of active, and advocate for, if it was elected or appointed.



(3) if in proceedings continue because of that is not the reason for the

non-recognition of another Member State, a single judge of this

fact shall inform the competent authority of another Member State and requests

It is an expression of the recognition and enforcement of such a decision it takes, and it

within a period to be fixed for this purpose. Unless the competent

authority of another Member State within the time limit, or unless the circumstances that

refute the reason for that is not in the proceedings continue, the single judge procedure

exits and its termination and the reasons that led to it, it shall immediately

shall inform the competent authority of another Member State, the public prosecutor,

If it was already active, and advocate for, if it was elected or appointed.



§ 243



Exceptions to the principle of double criminality



In the case when it comes to the deed, which can be in another Member State

Save the imprisonment of a maximum of penalties

at least 3 years, or protective measure involving deprivation of


freedom with the highest length of at least 3 years, and which consists in

meeting that the authority of another Member State in paragraph 2 (f))

the form of the certificate ^ 17), a single judge for the purposes of a decision on whether the

the decision in another Member State recognised and enforced, does not determine whether the deed

constitutes the facts of the offence under the law of the United

the Republic, unless the description of the deed, or legal qualification referred to in

the certificate clearly do not correspond to the indicated action. This is without prejudice to section 246

paragraph. 2 (a). (b)).



§ 244



Decision on the recognition and enforcement of



(1) If a judge does not consider the certificate and the decision sent other

Member State with a sufficient basis for a decision on the recognition and enforcement,

requests the competent authority of that Member State, to the laid down

the deadline posted by the necessary supplemental information. If the customer does not send to another Member State

additional information within a specified time limit, without substantial reasons stated,

not doing so, for which a single judge terminates the proceedings and their

shall inform the competent authority of another Member State, the public prosecutor,

If it was already active, and advocate for, if it was elected or appointed. On

These consequences shall be the competent authority of another Member State

notified.



(2) whether the decision of another Member State recognised and enforced, or

whether the decision of a single judge will decide will not recognise, without undue delay,

as a rule, within 20 working days from the date of the receipt of the decision of another

Member State, together with the certificate. If it was against the decision of another

Member State of the appeal, the time limit referred to in the first sentence

shall be extended by another 20 working days. To the time limits referred to in the sentence

the first and the second does not count towards the period during which it is sourced translation

decision or certification or are from another Member State

equipped with relevant supporting documents necessary for the decision. If this time limit

followed by a single judge shall immediately inform the competent authority of another

the Member State and shall indicate the reasons for the delay, including the estimated useful

such a delay.



(3) the decision on the recognition and enforcement of a single judge shall deliver to the person against whom the

the decision of another Member State, to the Prosecutor and defense lawyers,

If he was elected or appointed. If a decision cannot be delivered to the person against

the decision of another Member State, by reason of its

an unknown residence, single judge terminates the proceedings and of its termination, including

reason of such a procedure, it shall immediately inform the competent authority of the

another Member State, the public prosecutor and defence counsel, if the elected or

appointed.



(4) on the nepravomocném decision on the recognition and enforcement of a single judge shall immediately

shall inform the competent authority of another Member State; in the case of the recognition and

enforcement of the decision and shall inform it about customizing the saved measures

including restrictions on the duration of the maximum period laid down

Code of criminal procedure, and about the reasons for the adaptation, and in the case of non-recognition

and the reasons for such a procedure. A single judge shall inform the competent authority of the

another Member State and that the decision was made against his

the complaint, as well as about the fact that the decision took legal force.



§ 245



The grounds for non-recognition



(1) the single judge does not recognise a decision of another Member State, if



and) recognition and enforcement of such a decision would be in conflict with an obstacle

the case has been finally decided,



(b)) the deed does not populate the characters of the facts of the offence according to the law

The United States, except where the conduct referred to in section 243; in the case of

offences relating to taxes, duties, customs or currency cannot be

the decision not to recognise another Member State solely on the ground that the

the laws of the United States do not impose the same kind of taxes, fees,

or duties or do not contain the same provisions relating to taxes, fees,

Customs or currency as the law of that Member State,



(c)) the person against whom a decision of another Member State, shall enjoy

under the law of the United States or international law, privileges and

immunities, for which is excluded from the powers of the bodies active in criminal

management,



(d)) the person against whom a decision of another Member State, would not have been

According to the legal order of the Czech Republic due to their age, be held criminally

responsible,



(e)), was given one of the reasons for the non-transmission of the person against whom the decision

another Member State, in the event that it would be

decided to transfer this person back into that Member State in the

the basis of a European arrest warrant for violation of the surrogate

measures for binding, or



f) criminal liability is under the law of the United States barred

and such a decision was for the deed, whose prosecution is referred to in

the legal order of the Czech Republic under the jurisdiction of bodies of the Czech Republic.



(2) If a question arises as to whether or to what extent is a person

the decision of another Member State, be exempted from the jurisdiction of

bodies active in criminal proceedings, shall decide on the design of this person

the public prosecutor or a judge Supreme Court.



(3) a judge may not also recognise another Member State,

If this decision has not received, this decision is not connected

the certificate on the form ^ 17), this certificate is clearly

incomplete, does not match the content of the decision, to which it is connected or not

translated into the Czech language or another language in which the certificate can be

According to a statement the United States 18) take ^ ^. Before the decision on

non-recognition of the single judge shall invite the competent authorities of another Member State in order to

him within the time limit laid down in the decision, certificate, sent by his patched

text or translation of the certificate to the appropriate language. At the same time it

notifies you that if you fail to do so within the specified period, without stated

the substantial grounds on which so could not make, will not recognize the decision.



(4) where the ground for non-recognition in another Member State

referred to in paragraph 1 (b). and), the single judge's decision

non-recognition of such decisions always shall seek the opinion of the competent authority

another Member State; such an opinion may request also, if

given a different reason for non-acceptance.



§ 246



The recognition of the



(1) unless the case referred to in § 242 paragraph. 2 or 3 or in paragraph 244 paragraph.

1, or if it is not given the reason for the non-recognition of a Member

the State shall recognize such a decision to a single judge of the territory of the Czech Republic.

Together with the decision of the competent authority of another Member State imposing

surrogate measures binding always also recognise the decision of the competent

authority of another Member State.



(2) the decision on the recognition of a single judge decides that the measures

detention imposed by a decision of another Member State,

While



and if inconsistent) kind of such a measure, with the laws of the United

of the Republic, is the kind of measures under the code of criminal procedure, which

most matches, or



(b) if the length exceeds) such a measure, the maximum permissible period of

the duration of custody provided for in the code of criminal procedure, the criminal offence it shall reduce the

This maximum period.



(3) the adaptation measures replacing the binding must not impair the position of the

the person against whom a decision of another Member State.



§ 247



Complaint procedures



(1) the decision under section 245 paragraph. 1 or 3 or § 246 is permissible

the complaint, which has a suspensory effect. Complaints cannot be challenged the reasons

for that was the decision of another Member State.



(2) the court adjudicating on the complaint, the contested decision cancels and exits

proceedings, if the Court finds a reason referred to in section paragraph 242. 2 or 3. If the Court finds the reason

referred to in § 242 paragraph. 3 first shall inform the competent

authority of another Member State and requests a statement whether the recognition and

the performance of such a decision it takes, within the time limit, which for this purpose

provides. Terminates the proceedings in the case that the competent authority of another

a Member State does not respond within the time limit or fails to state the circumstances that

refute the reason for which you cannot continue proceedings.



§ 248



The withdrawal of the judgment and the certificate



He took when the competent authority of another Member State, together with the decision

the certificate back, the single judge and complaint procedures the President of the Senate

the withdrawal of the judgment and the certificate shall take a decision on the note, which is

proceedings are closed. However, if it was the performance of a surrogate measure for binding

launched, the single judge shall inform the competent authority of another Member

State and notifies him that in such a case can no longer be the withdrawal of

the certificate may be disregarded.



§ 249



The performance of the recognised the decision



(1) unless otherwise stipulated, in the exercise of a measure of the replacement

binding the process according to the legal order of the Czech Republic. To comply with the

the person the duties imposed in the framework of the measures of the replacement

binding, single judge about it without undue delay, inform the competent authority of the

another Member State in order to proceed. The notification shall be sent to

on a specified form ^ 19).



(2) if the competent authority of another Member State, even after repeated

notification of the facts referred to in paragraph 1 not to accept any


the decision of the single judge, it prompts you to make such a decision it has made in

set a reasonable time limit and at the same time it notifies to the consequences associated with

failure to act. If the single judge does not receive such a decision within the prescribed

the time limit without the competent authority of another Member State noted the substantial

the reasons for which the call has not complied with, it shall take measures to end

performance measures the replacement link. About how single judge

shall immediately inform the competent authority of another Member State.



(3) in the event that the competent authority of another Member State increases the time

duration of a recognised measure of the replacement link, this measure, amend or

the person saves another detention, a judge

decide whether the recognised detention as follows shall amend or

keep in a recognized form; the provisions of § 246 para. 2 and 3 are used

by analogy. Stores the changed or additional detention other

obligation, than that is listed in § 240 paragraph. 1, a single judge of the measures

leaves in a recognized format. Against this decision is admissible a complaint,

which shall have suspensive effect. Complaints cannot be challenged the grounds on which

was the decision of the competent authority of another Member State.



(4) a judge shall inform the competent authority of another Member State of the

any change of the place of stay or the delivery address of the person that was

saved binding measures for the replacement. If the person in the course of performance

measures of the replacement link changes the place of his habitual residence,

It is located in a different State than in the Czech Republic, a judge about

shall immediately inform the competent authority of another Member State and shall take the

measures to end enforcement of the measures of the replacement link.

As a judge if the person to whom the measures imposed

detention cannot be located on the territory of the Czech Republic.



(5) the Judge shall immediately take measures leading to the abandonment of the performance

measures of the replacement link, as soon as the competent authority of another

Member State informed of any decision or measure in the

as a result of the decisions to be recognised to be unenforceable.



§ 250



The costs of proceedings



The costs of proceedings for the recognition and enforcement in another Member State shall be borne by

Czech Republic.



Part 2



Ensure the enforcement of decisions imposing compensatory measures for binding in the

another Member State



§ 251



(1) under this part and part 3 can be sent to another Member State to

recognition and enforcement of final decisions of the public prosecutor or the Court,

which it was decided to keep the accused at large or on its

release from custody while replacing the binding guarantee, promise,

a provisional measure or the supervision of a probation officer under section 73

the criminal procedure code.



(2) the decision referred to in paragraph 1 can be sent to another Member State to

recognition and enforcement only if it imposes a restriction or obligation

referred to in § 240 paragraph. 1, or restrictions and obligations that other

the Member State ^ 20) that can be over them on its territory to carry out

supervision or otherwise ensure their control.



(3) under this part progresses, if another Member State has

legislation to implement the relevant legislation of the European

Union ^ 16).



§ 252



Sending the decision to the recognition and enforcement of



(1) if it is necessary to ensure the proper enforcement of decisions,

the judicial authority, which decided in the first instance, it shall communicate this decision to the

the competent authority of another Member State for the purpose of recognition and

performance, if the accused person in that Member State of habitual residence and

agrees to its return to that State. The decision may be sent for

the purpose of recognition and enforcement as well as to the Member State in which proceedings are not

compliance with the conditions referred to in the first sentence, if the accused so requests and

by taking this decision the Member State agrees. The decision cannot be

send for the purpose of recognition and enforcement in parallel in several Member States.



(2) before sending the decision to the judicial authority of another Member State

If possible, determine whether you can expect the successful achievement of the purpose of the replacement

measures for its recognition and enforcement in this State, and that this procedure

ensuring sufficient protection of the injured party.



(3) the decision shall be sent to the competent judicial authority of the institution of another Member

the State together with the certificate of the form ^ 17) translated into the

the official language or one of the official languages of that Member State,

or in the language in which that Member State of a certificate in accordance with their

^ 18) receives the statement.



(4) at the request of the competent authority of another Member State shall provide the

judicial authority and the addition of the necessary supplementary information for the purpose of recognition

and enforcement of judgments.



§ 253



The withdrawal of the judgment and the certificate



(1) a judicial authority can take decisions together with the certificate back,

If you understand the competent authority of another Member State to adapt

the kind of measures replacing the binding in accordance with its laws and regulations or

a limitation of the duration of the measures and judicial authority considers that

such adaptation measures leading to a significant deterioration in the situation

the accused, or does not consider the following customized measures or for his

for a sufficient duration to ensure the purpose of the substitution measures

binding.



(2) the judicial authority may take a decision together with the certificate back in

If the competent authority of another Member State shall inform, that is

willing to recognise and execute the decision establishing the measures imposed

detention, even though the reason for the rejection is given passing

the accused in the United States on the basis of a European arrest warrant,

If the accused violates the obligations imposed measures the replacement link.



(3) to withdraw the decision of the judicial authority and of the certificate shall inform the

the competent authority of another Member State not later than 10 days from the

It receives the information referred to in paragraph 1 or 2.



§ 254



The consequences of the decision to the recognition and enforcement of



(1) after the sending of the decision of the judicial authority in another Member State

for the purpose of recognition and enforcement, this decision shall

the legislation of the Czech Republic, and until the start of the performance

the decision recognised in another Member State.



(2) after the initiation of enforcement in another Member State can be

in the performance of such a decision in the Czech Republic to continue only if



the accused does not already have a) is habitually resident in that other Member State, or

the accused cannot be found in its territory,



(b)), the competent authority of another Member State to notify the judicial authority of

their enforcement of Justice due to inactivity

authority after the competent authority of another Member State repeatedly

informed of the fact that the accused has breached the obligations imposed under

a recognised measure of the replacement link,



(c)), the competent authority of another Member State has refused to execute the measures

detention, that the judicial authority after recognition in another Member

the State has changed, or that order instead of the original recognised measures

the replacement link, or



(d)) the maximum duration of a recognised measures

the replacement link provided for by the laws of another Member State.



(3) judicial authority is, even if it was in another Member State

launched power recognized the decision, the competent to decide on the change

measures of the replacement link, on the request of the accused on the abolition of restrictions on

consisting in the prohibition of travel, to review the duration of the reasons of the binding, the

deciding on custody, if the accused person has not complied with the obligations imposed under

a recognised measure of the replacement link, as well as all other

decision in the custody proceedings that do not concern the exercise of supervision over the

compliance with the obligations imposed in the framework of recognised measures

the replacement link.



(4) before the expiration of the period for which a different Member State to limit the duration of the

recognized action, the judicial authority shall, having regard to all the circumstances

the case, ask the competent authority of that Member State of its

extension.



(5) the judicial authority shall immediately inform the competent authority of another Member

the State of all the decisions, measures or facts, in the

as a result of the decisions to be recognised to be unenforceable or enforceable

only partially.



Section 255



Surrender of the person



If the judicial authority is informed by the competent authority of another Member

State that the accused has breached the obligation imposed in the framework of recognised

measures of the replacement link, and if the reasons for custody persist, the Court that

leads the criminal proceedings, and in preparatory proceedings upon a proposal of the public prosecutor

the European arrest warrant, the judge for the purpose of the transfer of the accused to the United

Republic; at the handover of the accused in the United States shall follow the procedure referred to in

Title II part 2.



Part 3



Common provisions



§ 256



(1) the competent judicial authority shall cooperate with the authority of another Member

the State of the procedure under sections 1 and 2, in particular exchanges with him all

the necessary information, including information that allows the identification and

the place of habitual residence or of stay, the person against whom the decision


is going. In the framework of the judicial authority shall, in particular, that the

ensure continuous performance of the decision imposing the measures replacing the

binding, as regards the supervision of the obligations laid down in this

measures.



(2) the Ministry, at the request of the Court, and the Supreme Public Prosecutor's Office on

the request of the public prosecutor shall provide assistance in finding the necessary

information, in particular when the findings of the competent authority of another Member

the State to which the decision is to be sent, or when verification of the conditions

laid down by the laws of that Member State for recognition and enforcement

such a decision. The same synergies provide Ministry at the request of

authority of another Member State in finding the necessary information, if

as to the competent authorities of the United Kingdom or verification of the conditions

laid down by the laws of the United States.



(3) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with other Member States, the Court shall provide to the Ministry at its

request the necessary information, in particular on the number of proceedings for recognition and enforcement of

the decision of the other Member States and their outcome, as well as similar

information regarding the decision sent to other Member States to

recognition and enforcement.



TITLE V OF THE



THE PREVENTION OF CONFLICTS



§ 257



Under this title shall be applied, if another Member State has legal

regulations for the implementation of the relevant legislation of the European Union ^ 21).



§ 258



(1) the judicial authority shall request the institution of another Member State, to him it

the prescribed period said that the results in that Member State or lead

criminal proceedings for the same deed against the same person (hereinafter referred to as "simultaneous

criminal proceedings "), if it can be reasonably assumed that he is or was such

the proceedings are conducted, and if it is not informed of any such criminal proceedings otherwise.



(2) the request of the judicial authority shall indicate the



and) your contact information,



(b)) a description of the facts,



c) name and surname of the person against whom the proceedings and, where appropriate,

name and surname of the victim and other personal data to enable their

identification of, and



(d)) the stage at which the criminal proceedings is located.



(3) the judicial authority may, on the application for more information about the

criminal proceedings conducted in the Czech Republic, in particular whether the accused

located in the binding.



(4) the application shall be sent to another Member State in the official language of another

Member State or in a language in which that Member State is willing to

take.



section 259



(1) the Judicial Authority shall notify the authority of another Member State, at its request and

in the time limit laid down by him, whether in the Czech Republic leads or led

concurrent criminal proceedings; If the person concerned by the information to the authority

another Member State, in custody or detained, they shall do so without delay.



(2) if the judicial authority is unable to meet the deadline set for the execution of the

the request, it shall inform the authority of another Member State, including the

the reason and anticipated date of execution of the request. If there is no time limit for the

execution of the request is fixed, it shall inform the judicial authority the information required

authority of another Member State without undue delay.



(3) Leads to or led to concurrent criminal in the Czech Republic

proceedings, the judicial authority shall notify the authority of any other Member State of its

contact details and information, at what stage of such proceedings is located, and in

If it has already been definitively completed, even as it has been completed. Judicial

the authority may disclose to the institution of another Member State and other necessary

information concerning the criminal proceedings conducted in the Czech Republic.



(4) if the request referred to in paragraph 1 is sent to the authority, which does not even

lead concurrent criminal proceedings, it shall forward it without delay to the judicial

the authority, which it can believe that such control leads, and at the same time

the assignment shall inform the authority of another Member State, which had the application

posted by. If no such proceedings are conducted in the Czech Republic, is to submit a

the information referred to in paragraph 1, the competent judicial authority, any.



§ 260



(1) if it is conducted in another Member State, a parallel criminal proceedings,

the judicial authority shall consult with the competent authority of another Member State

next steps in order to achieve effective solutions to prevent

the adverse consequences that are raised.



(2) in the course of consultations, the judicial authority shall inform the competent authority of the

another Member State made important procedural and

at the request of that authority to communicate other information as needed; These

However, it does not provide the information, if it would compromise the essential

national security interests or the safety of persons.



(3) the information and applications between the judicial authority and the authority of another

the Member State shall be transmitted in writing or in any other way

enabling the written record. Consultations shall be conducted in the language agreed by the

between the judicial authorities and by the authority of another Member State.



(4) the provisions of this title are without prejudice to the provisions of part two of the head

II.



TITLE VI OF THE



RECOGNITION AND ENFORCEMENT OF DECISIONS IMPOSING PECUNIARY SANCTION OR OTHER

CASH TRANSACTIONS



Part 1



Recognition and enforcement in another Member State imposing the financial

penalty or other monetary



§ 261



(1) under this part are the procedures for recognition and enforcement of the final

the decision of another Member State to which



and) was saved by a financial penalty,



(b)), it was decided on the compensation of victims of crime,



(c)), it was decided on the obligation of the person against whom such a decision

points, to compensate for the costs of proceedings, in which a person has been convicted of

criminal offense or affected by another offence, for the benefit of the State, or



(d)) was the person against whom the decision is directed, to pay

a sum of money to a public fund or for the benefit of the Organization on the

victim support



If issued by a Court of another Member State in criminal proceedings, or

in the cases referred to in (a)), (c) and (d))) even if it was issued by another

authority of such State in criminal or other proceedings, provided that the

You can seek the consideration of the case before the Court in criminal proceedings.



(2) under this part progresses, if another Member State has

legislation to implement the relevant legislation of the European

Union ^ 22).



§ 262



The conditions for the acceptance of the decision



The decision of another Member State is taken for the purpose of recognition and

performance if the person against whom the decision is directed, is in the territory of

The United States habitually resident or property. When verifying whether they are

the conditions for receipt of the decision, shall be based on facts

specified in the certificate ^ 23) and, where applicable, of the additional information

provided by a Member State, that the decision to recognition and enforcement

posted by, or on its own investigation.



§ 263



The jurisdiction of the



(1) the procedure under this part is the District Court in whose

the circuit is the person against whom a decision of another Member State

points, and if you cannot find such a place, the District Court in

the area in which this person has or had the last permanent residence; otherwise, it is

the District Court in whose district the person has assets. If

According to the first sentence, several courts have jurisdiction, the jurisdiction of the

them, where proceedings for recognition and enforcement initiated first.



(2) to change the facts decisive for determining territorial jurisdiction

occurring after the initiation of the proceedings shall be disregarded.



(3) if the decision is sent to the institution of another Member State, that

There is no procedure under this part, it shall, without delay to the competent

at the same time to the competent court and shall inform the competent authority of the assignment

another Member State from which it has sent to the decision. If the Court, which

the decision was forwarded to, doubts as to its jurisdiction, it shall

mutatis mutandis, pursuant to section 24 of the criminal procedure code.



(4) the Ministry shall provide, at the request of the institution of another Member State

in finding the necessary information, in particular when it detects

the Court, which is to be sent to the decision of another Member

State, or when verification of the conditions laid down by laws of the United

States for the recognition and enforcement of such a decision.



(5) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with other Member States, the Court shall provide to the Ministry at its

request the necessary information, in particular on the number of proceedings for recognition and enforcement of

the decision of the other Member States and their outcome.



§ 264



The procedure for recognition and enforcement



(1) proceedings for recognition and enforcement in another Member State, the

kicking off at the moment when the competent court delivered a decision

another Member State together with the certificate, where applicable, at least the certificate,

or decision of a Member State with the requirement of the procedure referred to in

This piece.



(2) the conditions are not fulfilled for receipt of decision of another Member

State, the single judge procedure for recognition and enforcement of such a decision and

on its completion, and reasons that led to it, shall promptly inform the

the competent authority of another Member State, the State Prosecutor, if it was already

in the matter of active, and advocate for, if it was elected or appointed.




(3) if in proceedings continue because of that is not the reason for the

non-recognition of another Member State, a single judge of this

fact shall inform the competent authority of another Member State and requests

It is an expression of the recognition and enforcement of such a decision it takes, and it

within a period to be fixed for this purpose. Unless the competent

authority of another Member State within the time limit, or unless the circumstances that

refute the reason for that is not in the proceedings continue, the single judge procedure

exits and its termination and the reasons that led to it, it shall immediately

shall inform the competent authority of another Member State, the public prosecutor,

If it was already active, and advocate for, if it was elected or appointed.



§ 265



Exceptions to the principle of double criminality



In the case when it comes to the deed, which lies in the meeting that the authority of another

the Member State designates under (g)). 3 the form of the certificate ^ 23),

a single judge for the purposes of a decision on whether or not the decision of another

Member State recognised and enforced, does not determine whether an act constitutes

the constituent elements of a criminal offence under the law of the United States, unless the

description of the deed, or legal qualifications in the certificate clearly

do not correspond to the indicated action. This is without prejudice to § 268 paragraph. 2.



§ 266



Decision on the recognition and enforcement of



(1) If a judge does not consider the certificate and the decision sent other

Member State with a sufficient basis for a decision on the recognition and enforcement,

requests the competent authority of that Member State, to the laid down

the deadline posted by the necessary supplemental information. If the customer does not send to another Member State

additional information within a specified time limit, without substantial reasons stated,

not doing so, for which a single judge terminates the proceedings and their

shall inform the competent authority of another Member State, the public prosecutor,

If it was already active, and advocate for, if it was elected or appointed. On

These consequences shall be the competent authority of another Member State

notified.



(2) whether the decision of another Member State recognised and enforced, or

whether the decision of a single judge will decide will not recognise without undue delay;

prior to the decision will require a written statement by the public prosecutor.

If it considers it necessary for the purposes of the decision, shall order the public

meeting. If the person against whom the decision is directed, in

a foreign State is in custody, the performance of unconditional imprisonment or

the protection measure involving deprivation of freedom, the public

meeting with nevyrozumívá and public meetings are held in the presence of

her defense attorney.



(3) the decision on the recognition and enforcement of a single judge shall deliver to the person against whom the

the decision of another Member State, to the Prosecutor and defense lawyers,

If he was elected or appointed. Decision on the recognition and enforcement of decisions

referred to in § 261 para. 1 (b). (b)), or its non-acceptance shall be communicated also

the victim of the offence.



(4) the final decision on the recognition and enforcement of a single judge, without

undue delay, inform the competent authority of another Member State. In

the case of the recognition of a decision, it shall inform and to reduce the acreage of a monetary

penalty or penalties and in the case of non-acceptance of the decision and of the reasons for

such a procedure.



§ 267



The grounds for non-recognition



(1) the single judge does not recognise a decision of another Member State, if



and) recognition and enforcement of such a decision would be in conflict with an obstacle

the case has been finally decided,



(b)) the deed does not populate the characters of the facts of the offence according to the law

The United States, except where the conduct referred to in section 265; in the case of

offences relating to taxes, duties, customs or currency cannot be

the decision not to recognise another Member State solely on the ground that the

the laws of the United States do not impose the same kind of taxes, fees,

or duties or do not contain the same provisions relating to taxes, fees,

Customs or currency as the law of that Member State,



(c)) the person against whom a decision of another Member State, shall enjoy

under the law of the United States or international law, privileges and

immunities, for which is excluded from the powers of the bodies active in criminal

management,



(d)) the person against whom a decision of another Member State, would not have been

under the law of the United States due to its age, responsible for

the offence or any other offence,



e) such a decision was given in the proceedings in the absence of

the person against whom, unless otherwise stipulated,



f) saved a financial penalty or the performance is less than 70 euros; the amount of the

listed in a different currency is converted from a foreign currency into euro at the exchange rate

the foreign exchange market announced by the Czech National Bank on the date on which the

such a decision is issued, or



g) a claim for performance or the performance of a penalty imposed in such a decision is

under the law of the United States barred and such a decision was

issued for an offence for which prosecution is under the law of the United

States in the competence of the authorities of the Czech Republic.



(2) If a question arises as to whether or to what extent is a person

the decision of another Member State, be exempted from the jurisdiction of

bodies active in criminal proceedings, shall decide on the design of this person

the public prosecutor or a judge Supreme Court.



(3) the decision of another Member State may be recognised, even if the reason is given

for non-recognition referred to in paragraph 1 (b). e) if the person against whom the

such a decision is directed,



and in time) was summoned and, therefore, be informed of the date and place of

the venue ordered the trial, which led to the release of the decision, or

Another way has received official information about the date and venue

ordered the trial, so that it was clearly established that the

the scheduled trial she knew and was informed that the negotiations can be

took place and the decisions handed down in his absence,



(b)) knew about the nařízeném Court and instructed the Attorney, whom she herself

or that she was appointed to it at the hearing, the Court

He advocated, and he did so, or



(c)), after she was personally delivered to the decision and was explicitly taught

of his right to a new hearing of the case or the right to appeal

the resource whose use allows its participation in a new or pending

management, assessment or review of things again and the implementation of the new

evidence and may lead to a change of the original decision, such right

expressly gave up, or is in the relevant time limit did not apply or appeal

resource took back.



(4) a judge may not recognise the decision of the other Member State, if the

decision issued for the deed committed by

and) totally or partially on the territory of the United States or



outside the territory of the United Kingdom on board a ship or other vessel, or

aircraft or other vehicle, air means of transport that are

registered in the Czech Republic; in doing so, shall take into account, in particular, the circumstances of the

committing the offence, or



(b) outside the territory of the State) of the decision, and in accordance with the rule of law

The United States would not be possible to prosecute such a deed or otherwise

affect, if it was committed outside the territory of the Czech Republic.



(5) a judge may not also recognise another Member State,

If this decision has not received, this decision is not connected

the certificate on the form ^ 11), this certificate is clearly

incomplete, does not match the content of the decision, to which it is connected or not

translated into the Czech language or another language in which the certificate can be

According to the statement of the Czech Republic 24) take ^ ^. Before the decision on

non-recognition of the single judge shall invite the competent authorities of another Member State in order to

him within the time limit laid down in the decision, certificate, sent by his patched

text or translation of the certificate to the appropriate language. At the same time it

notifies you that if you fail to do so within the specified period, without stated

the substantial grounds on which so could not make, will not recognize the decision.



(6) if there are grounds for non-recognition in another Member State

referred to in paragraph 1 (b). g), or (e)), the single judge's decision

non-recognition of such decisions always shall seek the opinion of the competent authority

another Member State; such an opinion may request also, if

given a different reason for non-acceptance.



§ 268



The recognition of the



(1) unless the case referred to in § 264 paragraph. 2 or 3 or in § 266 paragraph.

1, or if it is not given the reason for the non-recognition of a Member

State, the single judge shall recognize such a decision on the territory of the Czech Republic and

at the same time, decides that the financial penalties or other monetary transactions

saved by this decision.



(2) if the decision of the other Member State imposed punishment,

a judge fined executes as a financial penalty only if

It was saved by a Court of another Member State for an act that meets the

the characters of the facts of the offence under the law of the United States. In

If it was a financial penalty for the deed, which consists in

conduct referred to in section 265, that the facts of the characters does not populate

the offence under the law of the United States, or was saved by another

authority before the Court, judge fine converted into a fine.



(3) if the decision of the other Member State imposed a fine,


judge it must not turn into a financial penalty.



(4) the single judge in the recognition of a decision of another Member State shall retain in

It imposed pecuniary sanction or other monetary transactions in an unchanged

the amount of. In the case that the deed was committed wholly outside the territory of another

the Member State on whose decision it is, and its sanctioning is referred to in

the legal order of the Czech Republic under the jurisdiction of bodies of the Czech Republic,

a judge reduced assessment financial penalty imposed in

such a decision to the highest possible assessment, in which could be

saved if such a deed would be decided in accordance with the legal

the order of the United States.



(5) a pecuniary sanction or other cash transactions imposed by decision

another Member State, a single judge converted from foreign currencies to the Czech currency

According to the foreign exchange market rate declared by the Czech National Bank on the date

such a decision was issued.



(6) if the decision of the other Member State was obliged to

pay a sum of money to a public fund or for the benefit of

victim support organisation, single judge this obligation turns on

the obligation to pay this amount to the Czech Republic to financial assistance

victims of crime and saves the person against whom such a decision

pointing to a sum of money has passed within the time limit laid down for the account of

the Court.



(7) the substitute imprisonment for nevykonaný financial penalty may

the single judge should be specified only if the Member State to whose

the decision goes, the certificate of such a possibility, with the amount permitted by

replacement of imprisonment shall not exceed the amount that is in the

certificates that State listed, while the upper limit of the criminal rates

replacement of imprisonment provided for in the criminal code.



section 269



Complaint procedures



(1) the decision under section 267 para. 1 and 3 to 5 or section 268 is

admissible complaint which shall have suspensive effect. Complaints cannot be challenged

the reasons for which the decision was issued in another Member State.



(2) the court adjudicating on the complaint, the contested decision cancels and exits

proceedings, if the Court finds a reason referred to in section 264 paragraph. 2 or 3. If the Court finds the reason

referred to in section 264 paragraph. 3 first shall inform the competent

authority of another Member State and requests a statement whether the recognition and

the performance of such a decision it takes, within the time limit, which for this purpose

provides. Terminates the proceedings in the case that the competent authority of another

a Member State does not respond within the time limit or fails to state the circumstances that

refute the reason for which you cannot continue proceedings.



section 270



The performance of the recognised the decision



(1) unless otherwise stipulated, the Court shall proceed when



and a financial penalty or performance) the enforcement of penalties appropriately according to the

the provisions of title twenty-first code of criminal procedure governing the exercise of the

a financial penalty or fine, enforcement



b) recovery of costs incurred by the State, mutatis mutandis, to the provisions of

Code of criminal procedure governing the recovery of the costs of criminal proceedings

provided for lump sum payments.



(2) If a person against whom a decision of another Member State,

fails within the prescribed period to the account of the Court a sum of money in accordance with § 268

paragraph. 6, the Court shall proceed to manage the payment of that amount pursuant to the tax

of the order.



(3) a claim for compensation the crime victim recover a crime victim

in civil proceedings.



(4) where the person against whom a decision of another Member State

directs that the pecuniary sanction or other monetary transactions partially or

fully paid in another State, a judge decides on a partial or

the complete abandonment of the performance of such a decision. Prior to the decision's

a single judge shall request the opinion of the competent authority of another Member State;

If necessary, it may request the immediate sending of additional

information. Against this decision is admissible a complaint to

suspensory effect.



(5) the competent authority of another Member State shall inform the Court of

Amnesty, grace or other decisions or measures in the

as a result of the decisions to be recognised to be unenforceable, the single judge shall take

measures leading to the abandonment of the enforcement of another

of a Member State. In this case, the single judge shall request the competent authority of the

another Member State on whether the amnesty, pardon, or other

decisions or measures have effects in another Member State, the

a person against whom a decision recognised by another Member State,

looks like he has not been convicted; to such effects, stares at

It also in the Czech Republic. It was recognized by the decision in another Member

the State finally revoked, the Court shall revoke its decision on its recognition.



(6) the Judge shall without delay decide in what part of the recognised

the decision will not be enforced in another Member State, as soon as it

the competent authority of another Member State shall inform about the amnesty, grace

or other decision or measure as a result of the recognised

the decision happened, in part, be unenforceable. It is against this decision

admissible complaint which shall have suspensive effect.



§ 271



Information obligation



(1) a judge without undue delay inform the competent authority of another

the Member State of



and stopping or abandonment of) enforcement under the law

the laws of the United States governing the execution of the decision, including the

because of such a procedure,



(b) a waiver or partial) abandonment of the enforcement by the

§ 270 of paragraph 1. 4 to 6,



(c)) the implementation and enforcement



(d) the performance of the replacement) of the imprisonment.



(2) the Judge shall notify the competent authority of another Member State of the

other facts, if it considers it necessary in terms of ensuring

proper enforcement.



§ 272



Sharing of funds with another Member State



(1) funds obtained performance recognised by decision of another

the Member State referred to in § 261 para. 1 (b). a), (c) and (d))) belong to the

The Czech Republic. Funds obtained by the exercise of recognized the decision

another Member State referred to in § 261 para. 1 (b). (b)) belong to the

the victim of the offence.



(2) the Czech Republic may with another Member State agree on the sharing of

funds received performance of a recognised this decision

of a Member State. To the conclusion of the agreement, the Ministry of finance;

the proposal for the conclusion of such an agreement, it may bring the Court which ruled on the

recognition and enforcement in another Member State in the first instance. On

the request of the Ministry of finance, the Court shall provide the necessary cooperation for the

the purpose of the conclusion of the agreement.



(3) the costs of proceedings for the recognition and enforcement in another Member State

borne by the Czech Republic.



Part 2



Ensure the enforcement of decisions imposing pecuniary sanction or other

eligible in another Member State



§ 273



(1) under this part may be sent to another Member State for recognition and

performance of the final decision of the Court, which was saved by a financial penalty

or it was decided on the obligation of the convicted person to pay the costs

criminal proceedings in favour of the State.



(2) the provisions of this part shall be used also to ensure performance

the decision of the law enforcement agency, which has been saved

won a penalty, in another Member State.



(3) under this part progresses, if another Member State has

legislation to implement the relevant legislation of the European

Union ^ 22).



§ 274



Sending the decision to the recognition and enforcement of



(1) if it is necessary to ensure the proper enforcement of the decision, the

the Court in the case decided in the first instance, submit this decision to the

of another Member State for the purpose of recognition and enforcement, if it can be

reasonable to assume that the convicted person has assets in this State, or to

another Member State in which he has his habitual residence.



(2) if the decision to send in more Member States, the Court such

the decision shall be sent to the State in which you can probably assume it will

successfully done.



(3) the decision of the Court shall forward to the competent authority of another Member State

together with the certificate of the form ^ 10) translated into the official

language or one of the official languages of that Member State or to

the language in which that Member State in accordance with its declaration certificate ^ 23)

accepts. The decision together with the certificate, the Court may withdraw.



(4) the Ministry shall, at the request of the Court, in finding

the necessary information, in particular when the findings of the competent authority of another

Member State to which the decision is to be sent, or when verification

the conditions laid down by the laws of that Member State for recognition and

the performance of such a decision.



(5) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with other Member States, the Court shall provide to the Ministry at its

request the necessary information, in particular on the number of decisions sent to

other Member States and to the recognition and enforcement of the outcome of the proceedings for the recognition and

the performance of these decisions in other Member States.



§ 275



Information obligation




(1) at the request of the competent authority of another Member State, the Court shall give

additional information and the addition of the necessary for the purposes of recognition and enforcement

decision.



(2) the Court shall immediately notify the competent authority of another Member State of the

the fact that the person against whom the decision is directed, was in the Czech Republic

granted a pardon or an amnesty, or any other decision, action or

fact, which result in decisions to be unenforceable or

enforceable only partially, including the fact that this person has already

pay a sum of money, the payment she was saved, or

part of it.



§ 276



The consequences of the decision to the recognition and enforcement of



(1) If a court decision is sent to another Member State for the

the purpose of recognition and enforcement can be done only in the Czech Republic,

If



and the decision was not in this) Member State recognised or enforced; the right to

on the performance of such a decision, however, on the Czech Republic does not in

If the decision was not the competent authority of another Member State

recognised or enforced because of idem, or



(b)), the Court took the decision together with the certificate from another Member State

back.



(2) the right of enforcement shall revert to the Czech Republic in

the extent to which this decision has not been enforced in another Member

State.



§ 277



Sharing of funds with another Member State



To conclude an agreement with another Member State on the sharing of money

funds that have been obtained in this State, a decision the Court

The Czech Republic, the Ministry of finance; a proposal for the conclusion of the

such an agreement, it may bring the case, the Court held, in the first

the degree. At the request of the Ministry of finance, the Court shall provide the necessary

cooperation for the purpose of concluding an agreement.



TITLE VII



RECOGNITION AND ENFORCEMENT OF DECISIONS IMPOSING THE CONFISCATION OF ASSETS OR PREVENTS

OR THINGS



Part 1



Recognition and enforcement in another Member State imposing the

forfeiture or prevents the property or things



§ 278



(1) under this part are the procedures for recognition and enforcement of the final

decision of the Court of another Member State, issued in the criminal proceedings,

which have been saved



and) confiscation or prevent things that was obtained by the criminal offence, or

as a reward for it, or has been, even if only in part, acquired for the thing that

criminal offence or was obtained as a reward for it, or is a replacement

the value of the thing the Court can declare a forfeit, or occupied by,

or



b) forfeiture or prevent things that was intended or used to

Commission of the offence.



(2) under this part shall also, when recognition and enforcement

final decision of a Court of another Member State, issued in the

criminal proceedings which have been saved the confiscation of offender

convicted of any act amounting to a terrorist offence

attack (section 311 of the Criminal Code) or terror (section 312 of the Penal Code)

or for acts committed in the context of organized criminal groups

consisting in



a) counterfeiting of currency or means of payment,



(b)) the legalization of proceeds of crime and offence,



c) trafficking in human beings,



d) facilitation of unauthorised crossing the national border, illegal

carriage through the territory of the State of residence, and



e) sexual exploitation of children and child pornography,



(f)) the illicit trade in narcotic drugs and psychotropic substances,



If these dealings, the offender has obtained or tried to obtain property

benefit, and these negotiations can be under the law of a Member State,

the Court issued the decision, imposed a custodial sentence with

the upper bounds of the criminal rates of at least 5 years; for the actions referred to in

(b)) it is sufficient to the upper limit of the criminal rates of at least 4 years ^ 25).



(3) under this part shall also, when recognition and enforcement

final decision of a Court of another Member State, issued in the

criminal proceedings, imposing the confiscation of assets or prevents

not covered by paragraphs 1 and 2, if it were possible to pronounce the confiscation of

such property in criminal proceedings and under the law of the United

of the Republic.



(4) under this part progresses, if another Member State has

legislation to implement the relevant legislation of the European

Union ^ 26).



§ 279



The conditions for the acceptance of the decision



The decision of another Member State is taken for the purpose of recognition and

performance if the person against whom the decision is directed, is in the territory of

The Czech Republic is habitually resident, or, in the case of a legal person,

the seat, or assets. When verifying compliance with the conditions for

the takeover decision shall be based on the facts set out in the

the certificate ^ 27) and possibly also from the additional information provided by the

the Member State concerned, that the decision to recognition and enforcement, or from

its own investigation.



§ 280



The jurisdiction of the



(1) the procedure under this part is the District Court in whose

the circuit is the person against whom a decision of another Member State

points, and if you cannot find such a place, the District Court in

the area in which this person has or had the last permanent residence; in the case of

the legal person is the District Court in whose area it is situated.

If you cannot determine the jurisdiction of the Court pursuant to the first sentence, the competent district

the Court in whose area the property is located, which this decision

refers to. If the jurisdiction of several courts, one of them is responsible for

where proceedings for recognition and enforcement initiated first.



(2) to change the facts decisive for determining territorial jurisdiction

occurring after the initiation of the proceedings shall be disregarded.



(3) if the decision of the Court of another Member State sent to the authority,

that is not the procedure under this part, the competent, it shall,

competent court without delay and at the same time for a referral shall inform the competent

authority of another Member State from which it has sent to the decision. If the Court has

that was the decision of referral, the doubts as to its jurisdiction,

progresses appropriately in accordance with § 24 of the code of criminal procedure.



(4) the Ministry shall provide, at the request of the institution of another Member State

in finding the necessary information, in particular when it detects

the Court, which is to be sent to the decision of another Member

State, or when verification of the conditions laid down by laws of the United

States for the recognition and enforcement of such a decision.



(5) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with other Member States, the Court shall provide to the Ministry at its

request the necessary information, in particular on the number of proceedings for recognition and enforcement of

the decision of the other Member States and their outcome.



§ 281



The procedure for recognition and enforcement



(1) proceedings for recognition and enforcement in another Member State, the

kicking off at the moment when the competent court delivered a decision

another Member State together with the certificate, where applicable, at least the certificate,

or decision of a Member State with the requirement of the procedure referred to in

This piece. If the assets of the forfeiture or prevent it,

secured, the single judge shall invite the competent authorities of another Member State in order to

asked about providing such property or issued a warrant for his

collateral.



(2) the conditions are not fulfilled for receipt of decision of another Member

State, the single judge procedure for recognition and enforcement of such a decision and

on its completion, and reasons that led to it, shall promptly inform the

the competent authority of another Member State, the State Prosecutor, if it was already

in the matter of active, and advocate for, if it was elected or appointed.



(3) if in proceedings continue because of that is not the reason for the

non-recognition of a decision, the judge shall inform the competent

authority of another Member State and requests a statement whether the recognition and

enforcement of the decision it takes, within a period to be fixed for this purpose.

Unless the competent authority of another Member State within the time limit, or

unless the circumstances that refute the reason for which you cannot control

continue, the single judge terminates the proceedings and of its termination and the reasons

that led to it, it shall immediately inform the competent authority of another

Member State, the State Prosecutor, if it was already active, and

a lawyer, he was elected or appointed to.



§ 282



Exceptions to the principle of double criminality



In the case when it comes to the deed, which can be in another Member State

Save the imprisonment of a maximum of penalties

at least 3 years, and which consists in meeting that authority in another Member

the State marks in subparagraph (i)) point 2.3 of the form of the certificate ^ 27), judge

for the purposes of the decision as to whether the decision of the other Member State

recognised and enforced, does not determine whether an act constitutes the facts

the offence under the law of the United States, unless the description of the deed or

legal qualifications in the certificate clearly do not correspond to the indicated

the negotiations.



§ 283



Decision on the recognition and enforcement of



(1) If a judge does not consider the certificate and the decision sent other

Member State with a sufficient basis for a decision on the recognition and enforcement,


requests the competent authority of that Member State, to the laid down

the deadline posted by the necessary supplemental information. If the customer does not send to another Member State

additional information within a specified time limit, without substantial reasons stated,

not doing so, for which a single judge terminates the proceedings and their

shall inform the competent authority of another Member State, the public prosecutor,

If it was already active, and advocate for, if it was elected or appointed. On

These consequences shall be the competent authority of another Member State

notified.



(2) whether the decision of another Member State recognised and enforced, or

whether the decision of a single judge will decide will not recognise without undue delay;

prior to the decision will require a written statement by the public prosecutor.

If it considers it necessary for the purposes of the decision, shall order the public

meeting. If the person against whom the decision is directed, in

a foreign State is in custody, the performance of unconditional imprisonment or

the protection measure involving deprivation of freedom, the public

meeting with nevyrozumívá and public meetings are held in the presence of

her defense attorney. The decision of the single judge shall deliver the person against whom the decision

another Member State, to the Prosecutor and defense lawyers, if it was

elected or appointed.



(3) the final decision on the recognition and enforcement of a single judge, without

undue delay, inform the competent authority of another Member State. In

the case of the recognition of the competent authority of another Member State, to

said, that authority is competent for the sharing of forfeited or seized

the property and in the case of non-recognition of a decision stating the reasons for such a procedure.



§ 284



The grounds for non-recognition



(1) the single judge does not recognise a decision of another Member State, if



and) recognition and enforcement of such a decision would be in conflict with an obstacle

the case has been finally decided,



(b)) the deed does not populate the characters of the facts of the offence according to the law

The United States, except where the conduct referred to in section 282; in the case of

offences relating to taxes, duties, customs or currency cannot be

the decision not to recognise another Member State solely on the ground that the

the laws of the United States do not impose the same kind of taxes, fees,

or duties or do not contain the same provisions relating to taxes, fees,

Customs or currency as the law of that Member State,



(c)) the assets of the forfeiture or prevent it, is not subject to other

the legislation prevents the forfeiture or



(d)) the person against whom a decision of another Member State, shall enjoy

under the law of the United States or international law, privileges and

immunities, for which is excluded from the powers of the bodies active in criminal

management,



(e) the performance of such a decision) defends the rights of third parties,



f) such a decision was given in the proceedings in the absence of

the person against whom, unless otherwise stipulated,



(g)) the assets of the forfeiture or prevents it, already failed or was

bewildered, lost or destroyed or it cannot be found in the location indicated

in the certificate, or the certificate is not enough

exactly,



h) penalty or a protective measure relating to the forfeiture or prevents

assets, which were saved by a decision of a Member State have been

completely carried out in another State or the person against whom a decision of another

Member State, the amount requested in another State on a voluntary basis

pay, or



I) sentence imposed in such a decision is based on the rule of law

The United States barred and such a decision was for the deed,

the prosecution is under the legal order of the Czech Republic in the powers of the bodies

Of the Czech Republic.



(2) If a question arises as to whether or to what extent is a person

the decision of another Member State, be exempted from the jurisdiction of

bodies active in criminal proceedings, shall decide on the design of this person

the public prosecutor or a judge Supreme Court.



(3) the decision of another Member State may be recognised, even if the reason is given

for non-recognition referred to in paragraph 1 (b). (f)), if the person against whom the

such a decision is directed,



and in time) was summoned and, therefore, be informed of the date and place of

the venue ordered the trial, which led to the release of the decision, or

Another way has received official information about the date and venue

ordered the trial, so that it was clearly established that the

the scheduled trial she knew and was informed that the negotiations can be

took place and the decisions handed down in his absence,



(b)) knew about the nařízeném Court and instructed the Attorney, whom she herself

or that she was appointed to it at the hearing, the Court

He advocated, and he did so, or



(c)), after she was personally delivered to the decision and was explicitly taught

of his right to a new hearing of the case or the right to appeal

the resource whose use allows its participation in a new or pending

management, assessment or review of things again and the implementation of the new

evidence and may lead to a change of the original decision, such right

expressly gave up, or is in the relevant time limit did not apply or appeal

resource took back.



(4) a judge may not recognise the decision of the other Member State, if the

the decision of the



and for the deed) issued by the committed wholly or partly in the territory of the United

Republic or outside the territory of the United Kingdom on board a ship or another

the vessel, aircraft or other vehicle, air transport,

that are registered in the Czech Republic; in doing so, shall take into account, in particular,

the circumstances of committing the deed,



(b)) issued for the act committed outside the territory of the State to which the decision goes,

and under the law of the United States would not allow such a deed

prosecute, if it was committed outside the territory of the Czech Republic,



c) referred to in § 278 paragraph. 2, to the extent that they cannot pronounce

the forfeiture of such property in a similar criminal proceedings held in the United

Republic, or



d) referred to in § 278 paragraph. 3.



(5) a judge may not also recognise another Member State,

If this decision has not received, this decision is not connected

the certificate on the form ^ 27), this certificate is clearly

incomplete, does not match the content of the decision, to which it is connected or not

translated into the Czech language or another language in which the certificate can be

According to a statement the United States ^ 28) take. Before the decision on

non-recognition of the single judge shall invite the competent authorities of another Member State in order to

him within the time limit laid down in the decision, certificate, sent by his patched

text or translation of the certificate to the appropriate language. At the same time it

notifies you that if you fail to do so within the specified period, without stated

the substantial grounds on which so could not make, will not recognize the decision.



(6) if there are grounds for non-recognition in another Member State

referred to in paragraph 1 (b). and), e), (f)), g) or (h)) or in paragraph 4

(a). and) or (b)), the single judge's before the decision on non-recognition of such

the decision always competent authority shall seek the opinion of another Member

State may request such an opinion also, if it is given a different reason

for non-recognition.



§ 285



The recognition of the



(1) unless the case referred to in § 281 para. 2 or 3 or in § 283 paragraph.

1, or if it is not given the reason for non-acceptance or postponement of recognition and enforcement

the decision of another Member State, a single judge shall recognize such a decision on the

the territory of the Czech Republic and at the same time decides the punishment or protective

the measures imposed by this decision be enforced; the provision of section 124 para. 2 to

4 are used similarly.



(2) if the subject of the forfeiture or the prevents decision-making, single judge

it converted from foreign currencies to the Czech currency according to the exchange rate to the foreign exchange market

the Czech National Bank on the date on which the decision of another

Member State issued.



(3) in the case that is before a single judge decision of another

a Member State is informed of the fact that the punishment or protective measures

concerning the confiscation of assets or prevents stored in such a decision

have already been partly carried out in another State, or of other facts, in

as a result of the decision of another Member State has become, in part,

be unenforceable, shall accept the decision of another Member State in the rest of

the range. In the decision in this case, determine what proportion of

a sentence or a preventive measure shall be carried out in the Czech Republic. Before

a decision on the partial recognition and enforcement in another Member

the State of the single judge shall request the opinion of the competent authority of another

Member State, whether or not such a procedure, or whether taking agrees

decision with the certificate back.



§ 286



Overlapping of the decision of the other Member States



(1) If a judge in parallel proceedings for recognition and enforcement of two or more

the decision of the other Member States imposing the forfeiture or prevents

the same things or imposing the confiscation or the prevents an amount of

the same person whose property is not sufficient for the performance of all decisions

other Member States, shall examine the conditions for recognition and enforcement regarding

all such decisions. If these conditions are satisfied in more

such decisions will determine which of them is recognised and enforced


at the same time a specified decision shall recognise and decides about his performance. In doing so, consider the

all the relevant circumstances, which are within his knowledge, in particular the law

damaged, the severity and location of committing the offences, the date of issue and

the delivery of the decision of the other Member States, as well as whether the

the property was secured in one of the criminal proceedings, for the purposes of

has the property forfeited or be absorbed.



(2) a judge of its decision and inform the competent authorities of all

the other Member States concerned.



§ 287



The postponement of the recognition and enforcement of



(1) a judge may defer the recognition and enforcement in another Member

State, if



and information) obtained suggests that, due to the parallel

the decision of another Member State in multiple States, the total cash

the amount obtained performance recognised the decision in more States

exceed the amount referred to in this decision,



(b)), its recognition and enforcement could interfere with the criminal proceedings being conducted in the United

Republic, or



(c)) in the Czech Republic already is a separate procedure, which may be

assume that will lead to confiscation, seizure, or other

the permanent deprivation of property, the confiscation or prevents it.



(2) once terminated the postponement of recognition and enforcement of decisions,

judge continues the proceedings for recognition and enforcement of a decision of another

of a Member State.



(3) a judge shall immediately inform the competent authority of another Member

the State to postpone the recognition and enforcement of decisions, including the reasons for the postponement and,

its expected duration, it can be estimated, and about the fact that

the reasons for the postponement of recognition and enforcement have passed away.



§ 288



Complaint procedures



(1) against a decision pursuant to § 284 paragraph 1. 1 and 3 to 5, § 285 or pursuant to §

286 paragraph 2. 1 is admissible a complaint which shall have suspensive effect. Complaints

You cannot challenge the reasons for which the decision of another Member

the State issued.



(2) a complaint about a judge without undue delay, inform the

the competent authority of another Member State.



(3) the court adjudicating on the complaint, the contested decision cancels and exits

proceedings, if the Court finds a reason referred to in § 281 para. 2 or 3. If the Court finds the reason

referred to in § 281 para. 3 first shall inform the competent

authority of another Member State and requests a statement whether the recognition and

the performance of such a decision it takes, within the time limit, which for this purpose

provides. Terminates the proceedings in the case that the competent authority of another

a Member State does not respond within the time limit or fails to state the circumstances that

refute the reason for which you cannot continue proceedings.



§ 289



The performance of the recognised the decision



(1) unless otherwise stipulated, detention or protective

the measures shall be applied, mutatis mutandis, in accordance with the provisions of title twenty-first

the criminal procedure code. If this is not clear from the decision of a single judge shall inform the

State organizational unit, which, according to the law on property of the Czech Republic

and its representation in legal relations it is for the management of the property of the

The United States, that it is the property fell through, or engrossed in

the basis of the certified decision of another Member State and shall indicate, where

the decision came into force. If this is a shared asset pursuant to §

290, a judge at the same time that business inform folder, which

authority of another Member State has the appropriate portion of the shared assets

send.



(2) single judge without undue delay inform the competent authority of another

the Member State of all the facts, that prevents the performance from a recognised

the decision of another Member State.



(3) the Judge also shall immediately inform the competent authority of another

Member State on the forfeiture or asset, and at the same time it prevents the

notifies you that if within a period of 3 months from the decision of the

recognition and enforcement in another Member State shall be informed of the reason for

to prevent the confiscation of such property or prevents, or parts of it, with

such property will be treated as the property of the United States in

accordance with its legal system, and in the case that would have to be paid

damages incurred by the person against whom a decision of another Member State

points, Czech Republic will demand payment of the amount you paid

such a person as compensation for damages under the Act on liability for damage

caused in the exercise of public authority decision or incorrect official

the procedure.



(4) it shall inform the competent authority of another Member State, within a specified

the time limit of the reason for the confiscation of assets or prevents or

part, in particular, that the punishment or protective measures have already been fully or

in part, carried out in another State or the person against whom a decision of another

Member State, the amount paid on a voluntary basis,

a single judge of that fact shall promptly inform the organizational folder

State referred to in paragraph 1. Subsequently, the single judge shall revoke its previous

decision on the recognition and enforcement in another Member State. In

the case that referenced the reason applies only to part of the forfeited or

storage of seized assets, a judge after the dissolution of their previous decision

acknowledges the decision of another Member State in the rest of the range. Repeal

the decision and, where appropriate, whether or not a new decision on the recognition and enforcement of decisions

another Member State in the rest of the range of the single judge shall deliver to the person against

the decision of the other Member State, to the Prosecutor,

a lawyer, he was elected or appointed to an organizational folder State, referred to

in paragraph 1, the competent authority of another Member State.



(5) Inform the competent authority of another Member State, a single judge still

before the deadline, that is not justification to prevent

forfeiture or prevents such property or any part thereof, the single judge of the

This fact shall immediately inform the State organizational unit referred to

to in paragraph 1.



§ 290



Sharing of forfeited and seized assets with another Member State



(1) If a Forfeited or, if the decision on the basis of recognised and used

another Member State, the funds in the amount of up to EUR 10 000, the

amount remains the Czech Republic.



(2) If a Forfeited or, if the decision on the basis of recognised and used

another Member State, the funds in an amount greater than 10,000

Half of this amount, EUR, Czech Republic and half of the remains found

another Member State which has issued the decision which has been recognised and

enforced.



(3) a matter not covered by paragraphs 1 and 2, which have been forfeited or has been taken up by

on the basis of recognised the decision of another Member State, if

is not part of the national treasures of the Czech Republic or other

State. In respect of the amounts obtained by selling proceed by analogy with the

paragraphs 1 and 2.



(4) if the assets cannot be due to its nature or other reasons

to sell, remains the Czech Republic. With the things that the cultural object

another Member State, shall be disposed of according to the law on the return of illegally

exported cultural goods.



(5) the provisions of paragraphs 1 to 4 and § 291 are used, unless it is United

Republic with another Member State on the sharing of assets or the payment of

the costs otherwise. To the conclusion of the agreement is the relevant Ministry of the

Finance; the proposal for the conclusion of such an agreement, it may bring a court that

decided on the recognition and enforcement in another Member State in the first

the degree. At the request of the Ministry of finance, the Court shall provide the necessary

cooperation for the purpose of concluding an agreement.



(6) with a sunken or zabraným property, which is the subject of sharing,

disposes of it, in particular, be sent to the competent authority of another Member State,

the branch of the State, which according to the law on property of the Czech Republic

and its representation in legal relations it is for the management of the property of the

Of the Czech Republic.



§ 291



The costs of proceedings



The costs of proceedings for the recognition and enforcement in another Member State shall be borne by

Czech Republic.



Part 2



Ensure the enforcement of the decision imposing the forfeiture or prevents

property or goods in another Member State



§ 292



(1) under this part may be sent to another Member State for recognition and

the performance of the final decision of the Court



a) penalty the confiscation of property,



(b)) was liable to a penalty or forfeiture of confiscation of substitute values for the

the proceeds of crime, or



(c)) was issued to prevent the case or the prevents the replacement values for the proceeds of the

crime.



(2) under this part progresses, if another Member State has

legislation to implement the relevant legislation of the European

Union ^ 25).



§ 293



Sending the decision to the recognition and enforcement of



(1) if it is necessary to ensure the proper enforcement of the decision, the

the Court in the case decided in the first instance, to send this decision

the competent authority of another Member State for the purpose of recognition and

performance, if it can be reasonably assumed that the person whose property is subject to

forfeiture or prevents, in this state the assets for which the decision

refers to. If it is not known in which Member State the person concerned has the assets,

You can send the decision to the Member State in which he has his habitual residence

or in the case of a legal person is established.



(2) the Court may submit the decision to the Member States, where such


the decision imposing a forfeiture or prevents



and) things about which you can reasonably be expected to be found in more

the Member States,



(b)), which is leading the legal proceedings in multiple States,



(c)), that can reasonably be expected to be located in one of the

more Member States, or



(d)) cash and funds in the amount of not

for this purpose, in another Member State.



(3) the decision of the Court shall forward to the competent authority of another Member State

together with the certificate of the form ^ 27) translated into the official

language or one of the official languages of that Member State or to

the language in which that Member State in accordance with its declaration certificate ^ 28)

accepts. The Court also indicate what organizational folder State, which, according to

the law on property of the Czech Republic and its representation in legal

It is for the management of the property relations of the Czech Republic, is to be

part of the shared assets, it will be a decision in another Member

State recognised and enforced. If the court sends the decision to the

recognition and enforcement in more Member States, shall notify this fact

all the States concerned.



(4) decision in another Member State does not prevent the exercise of

such a decision in the Czech Republic.



(5) the Ministry shall, at the request of the Court, in finding

the necessary information, in particular when the findings of the competent authority of another

Member State to which the decision is to be sent, or when verification

the conditions laid down by the laws of that Member State for recognition and

the performance of such a decision.



(6) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with other Member States, the Court shall provide to the Ministry at its

request the necessary information, in particular on the number of decisions sent to

other Member States and to the recognition and enforcement of the outcome of the proceedings for the recognition and

the performance of these decisions in other Member States.



§ 294



Information obligation



(1) at the request of the competent authority of another Member State, the Court shall give

additional information and the addition of the necessary for the purposes of recognition and enforcement

decision.



(2) if the Court decision Sent to one or more of the Member States and the

the basis of the information is reasonably believes that such a decision

already, or soon will be completely or partially enforced in the United

Republic or in a Member State, shall immediately of this fact

shall inform the competent authorities of the other Member States, including

the envisaged scope of enforcement. These States the Court shall immediately

informs about the fact that the projected performance of the decision in

The Czech Republic or that Member State did not occur or to have occurred

in another range.



(3) the Court shall immediately notify the competent authority of another Member State of the

the fact that the person against whom the decision is directed, was in the Czech Republic

granted a pardon or an amnesty, or any other decision, action or

fact, which result in decisions to be unenforceable or

enforceable only in part.



§ 295



The sharing of assets forfeited or seized in another Member State



(1) the assets that fell or was engrossed in another Member State on the

the basis of the decision of the Court of the Czech Republic, Czech Republic shares with this

by the State in the manner prescribed by the laws of that other Member State,

unless otherwise agreed.



(2) to the conclusion of an agreement with another Member State on the sharing of assets

failed or was engrossed in this State pursuant to a decision of the Court of the United

the Republic is the Ministry of finance; the proposal for the conclusion of such

the agreement, he can lodge a court that in a case decided in the first instance. On

the request of the Ministry of finance, the Court shall provide the necessary cooperation for the

the purpose of the conclusion of the agreement.



(3) the competent authority of another Member State shall inform the Court about how

that his decision and he has been recognised by the Court of this fact without delay to the

shall communicate to the Organization the State, under the law on assets of the Czech

Republic and its representation in legal relations it is for management

with the property of the United States. This branch will take over the assets

shared with another Member State.



Part 3



Regression claims



§ 296



Claim of another Member State



(1) the Ministry shall pay, at the request of a Member State which has recognised and

perform, the decision of the Court of the Czech Republic, the amount that this State

paid off in accordance with its legal structure, such as compensation, certain

the person, to the extent in which the damage caused by the illegal

by decision of the Court of the Czech Republic.



(2) in the event that the request of another Member State does not have the necessary

the information Ministry will invite the competent authority of that State to

complement and set a reasonable term to do. In so doing, it always notifies the

the consequences of non-compliance of this challenge. If the competent authority does not comply with the other

Member State that request within the prescribed period, without substantial said

the reasons for that, so could not make, rejects the request.



section 297



Claim against another Member State



(1) the Department is authorized to ask for another Member State of the payment

the amount paid as compensation pursuant to the Act on the liability of the

for damage caused in the performance of public authority by a decision or incorrect

official procedure in so far as the damage caused by

the procedure of that State.



(2) be entitled to reimbursement of the compensation paid in the form of the request applies

to the competent authority of another Member State in accordance with the laws and

the requirements of this State.



TITLE VIII



RECOGNITION AND ENFORCEMENT OF DECISIONS IMPOSING IMPRISONMENT

OR PROTECTIVE MEASURE INVOLVING DEPRIVATION OF LIBERTY



Part 1



Recognition and enforcement in another Member State imposing the

imprisonment or protective measures associated with

deprivation of liberty



§ 298



(1) under this part are the procedures for recognition and enforcement of the final

a decision issued by a Court of another Member State in criminal proceedings,

which was saved by imprisonment or protective

measures involving deprivation of liberty.



(2) under this part progresses, if another Member State has

legislation to implement the relevant legislation of the European

Union ^ 29).



§ 299



The conditions for the acceptance of the decision



(1) the decision of the other Member State is taken when the conditions

referred to in § 300 para. 1 for the purpose of recognition and enforcement, if the

the person against whom the decision is directed, in that other Member State

or in the Czech Republic is a citizen of the United States, and



and) has on its territory is habitually resident, or



(b)) does not have a habitual residence in its territory, but after the enforcement of the sentence or

the protective measures should then be removed to the Czech Republic on the basis of

final judgment given in judicial or other proceedings or

measures issued as a result of such a decision.



(2) if the Court does not consider the takeover of the decisions in the cases referred to in

paragraph 1 to be appropriate and effective in terms of ensuring the successful integration of the

the person against whom the decision is directed, in society or in terms of

ensuring its successful treatment, it shall inform the competent authority of another

the Member State and shall indicate the reasons; If the competent authority of another

Member State to take over the decision, the decision is taken.



(3) the decision of the other Member State can be taken for the purpose of recognition

and performance and without compliance with the conditions referred to in paragraph 1, if staying

the person against whom the decision is directed, on the territory of that Member

State or territory of the United States, and if the Court agrees to take over

decision of the Court of that Member State for recognition and enforcement in the Czech

Republic because of the appropriateness and effectiveness of such a procedure, as regards

the successful integration of that person to the company or

ensuring its successful treatment. Before granting the consent or

by rejecting the Court shall request the opinion of the Ministry. The President of the Senate

shall inform the competent authority of another Member State, whether the Court

agrees with the takeover of its decision, giving the reasons.



(4) at the request of the person against whom the decision is directed, or without

such a request, the Court may request the competent authority of another Member State

to send the decision to recognition and enforcement, if this person resides

on the territory of the Czech Republic or can reasonably be expected that the

It intends to keep, and if such a procedure shall be deemed to be the appropriate and efficient from the

to ensure the successful integration of that person to the company or from

to ensure its successful treatment. In cases other than those referred to in

paragraph 1, before the application shall obtain the opinion of the Ministry.



section 300



(1) the decision of the other Member State can be taken for the purpose of recognition

and performance only if the person against whom the decision is directed,

agreed to by sending to the United States; This consent is

does not require



and) in the case referred to in § 299 para. 1 (b). and)



(b)) with the person who is supposed to be after the execution of a sentence or a preventive measure to


The United States removed on the basis of a final judgment given in the

judicial or other proceedings or measures issued as a result of such

the decision,



(c)) with the person who fled to the United States or returned,

Although it was against her are kept in another Member State, criminal proceedings and in

This procedure was then issued a decision that has to be in the Czech

Republic recognised and enforced,



(d)) with the person who fled to the United States or returned

after it was against her in another Member State issued condemning the

the decision, which has to be in the Czech Republic recognised and enforced.



(2) posted by the competent authority of another Member State in the United States

on a specified form ^ 30) a notice to the person against whom the decision

another Member State, on the transmission of a decision to recognition and enforcement

in the United States and this person is in the territory of the Czech Republic,

notification of the Court without undue delay. If it is decided to

taking this person to the uznávací binding, notification is delivered to her when

deciding on the uznávací binding.



(3) does not require the receipt of a decision of another Member State

the consent of the person concerned, the Court, when considering a takeover of such a decision

taking into account its opinion, if it is known.



§ 301



The jurisdiction of the



(1) the procedure under this part is the competent regional court, in whose

the circuit is the person against whom a decision of another Member State

points, and if you cannot find such a place, the competent regional court, in

the area in which this person has or had the last permanent residence; otherwise, it is

the regional court in Prague. To change the grounds for

territorial jurisdiction arising after the opening of proceedings shall be disregarded.



(2) the provisions of paragraph 1 shall not affect the special jurisdiction of the Court in

the enforcement process under Chapter twenty-first code of criminal procedure.



(3) if the decision is sent to the institution of another Member State, that

There is no procedure under this part, it shall, without delay to the competent

at the same time to the competent court and shall inform the competent authority of the assignment

another Member State from which it has sent to the decision. If the Court, which

the decision was forwarded to, doubts as to its jurisdiction, it shall

mutatis mutandis, pursuant to section 24 of the criminal procedure code. Similarly, in the first sentence and the second

proceed on other documents received before sending the

the decision of another Member State.



(4) the Ministry shall provide, at the request of the institution of another Member State

in finding the necessary information, in particular when it detects

the Court, which is to be sent to the decision of another Member

State, or when verification of the conditions laid down by laws of the United

States for the recognition and enforcement of such a decision.



(5) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with other Member States, the Court shall provide to the Ministry at its

request the necessary information, in particular on the number of proceedings for recognition and enforcement of

the decision of the other Member States and their outcome.



section 302



The procedure for recognition and enforcement



(1) proceedings for recognition and enforcement in another Member State, the

kicking off at the moment when the competent court delivered a decision

another Member State together with the certificate, where applicable, at least the certificate,

or decision of a Member State with the requirement of the procedure referred to in

This piece, or the request of the competent authority of another Member State of the

the taking of the person against whom a decision of another Member State, to

uznávací binding.



(2) the conditions are not fulfilled for receipt of decision of another Member

State court proceedings for recognition and enforcement of such a decision and of the

its termination and the reasons that led to it, shall promptly inform the

the competent authority of another Member State, the State Prosecutor, if it was already

in the matter of active, and advocate for, if it was elected or appointed.



(3) if in proceedings continue because of that is not the reason for the

non-recognition of a decision, the President of the Chamber shall inform

the competent authority of another Member State and requests comments, whether on the

recognition and enforcement of decisions it takes, within the time limit, which for this purpose

provides. Unless the competent authority of another Member State in

period, or unless the circumstances that refute the reason for that cannot be

to continue proceedings, the court terminates the proceedings and of its termination and the reasons

that led to it, it shall immediately inform the competent authority of another

Member State, the State Prosecutor, if it was already active, and

a lawyer, he was elected or appointed to.



§ 303



Uznávací binding



(1) the provisions of § 122 para. 1 uznávací of the binding to be used in this proceeding

by analogy.



(2) at the request of the competent authority of another Member State, the President may

the Senate take a person against whom a decision of another Member State,

the uznávací binding even before sending the decision of another Member State with the

certificate to the Czech Republic for the purpose of recognition and enforcement, where

the conditions for its withdrawal to the uznávací binding and may be based on

the information provided in the application is reasonable to assume that the

conditions for taking over the decision of another Member State. Does not consider the

the President of the Senate of the information given in the application a sufficient basis for

the decision on taking the person into custody or uznávací if the request is not

translated into the Czech language, the competent authority of another Member

the State of the supply or a translation.



(3) a person who was taken into custody in accordance with paragraph 2, shall be immediately

released from custody, if the decision of another Member State with the

certificate delivered to the Court within 20 days from the date of the taking of that person to the

uznávací links; This procedure ends. The effects of service delivery has

the decision of another Member State with a certificate to the Ministry, the Supreme

Public Prosecutor's Office, the representative office of the Czech Republic in a foreign

State or the Ministry of Foreign Affairs.



(4) the competent authority of another Member State should be

notify about taking a person into custody, release from custody and the period of

referred to in paragraph 3.



§ 304



Decision on the recognition and enforcement of



(1) the President of the Chamber may request the competent authority of another Member

State to him in the time limit laid down in the decision or its translation posted

the essential parts of which relate to the person against whom such a decision

going into the Czech language, where appropriate, the necessary supplementary information. From

reasons worthy of special consideration of such a decision or translation's

his substantial portions of the annotate the Court itself can. If a member does not

State translation decision or a substantial part or a supplementary

information within the time limit, without substantial stated the reasons for which

to do so, the court terminates the proceedings and of its termination shall inform the competent

authority of another Member State, the State Prosecutor, if it was already

active, and advocate for, if it was elected or appointed. These consequences shall

be the competent authority of another Member State is notified.



(2) whether the decision of another Member State recognised and enforced, or

whether the decision will not recognize, the Court judgment in the public meetings of the

in the presence of the public prosecutor; in advance of the public session of the

President of the Chamber shall obtain the written observations of the Prosecutor. If

the person against whom the decision is directed, in a foreign State in custody

the performance of unconditional imprisonment or protective measures

involving deprivation of liberty of public meeting

nevyrozumívá and public meetings are held in the presence of her lawyer.



(3) if the decision on recognition and enforcement to deliver a person against whom

the decision of another Member State, by reason of the unknown

the stay, the court terminates the proceedings and of its termination, including the reason

such a procedure, shall immediately inform the competent authority of another Member

the State Prosecutor and defence counsel.



(4) on the nepravomocném the decision on the recognition and enforcement of the President of the Senate

shall immediately inform the competent authority of another Member State; in the case of

recognition and enforcement of a judgment it informs about the conversion of a species or acreage

a sentence or a preventive measure and the reasons for such conversion and in the case of

non-recognition of and the reasons for such a procedure. President of the Chamber shall inform the

the competent authority of another Member State and that the decision took

legal power.



(5) in proceedings for the recognition and enforcement of judgments, the Court of another Member State

proceed rapidly so that it could decide, as a rule within 90 days of

the date on which he received the decision of another Member State together with the certificate.

In this period does not include the period during which it is sourced translation

decision or from another Member State are equipped with relevant supporting documents

necessary for the decision. If you cannot meet the deadline, the President of the Chamber of

It shall immediately inform the competent authority of another Member State and shall indicate the

reasons for a delay, including the estimated time of such delay.



§ 305



The grounds for non-recognition



(1) the Court will not recognise the decision of the Court of another Member State, if



and) recognition and enforcement of such a decision would be in conflict with an obstacle


the case has been finally decided,



(b)) the deed does not populate the characters of the facts of the offence according to the law

The Czech Republic; in the case of criminal offences relating to taxes, fees,

duties or the currency of another Member State cannot be a decision not to recognise only from

the reason that the laws of the United States do not impose the same kind of

taxes, fees, or duties or do not contain the same provisions relating to the

taxes, fees, duties, or currency as the legal provisions of the Member

State,



(c)) the person against whom a decision of another Member State, shall enjoy

under the law of the United States or international law, privileges and

immunities, for which is excluded from the powers of the bodies active in criminal

management,



(d)) the person against whom a decision of another Member State, would not have been

under the law of the United States due to its age, responsible for

the offence,



e) area not yet nevykonaného of a sentence or a preventive measure in the

the time of delivery of such a decision the Court less than 6 months; If you cannot

the performance achieved, the decision to recognise and execute in this

the case,



f) such a decision was given in the proceedings in the absence of

the person against whom, unless otherwise stipulated,



(g)) the penalty or protective measures include such measures

health care, which can not be with regard to the legal order of the Czech Republic

or on its health system in the Czech Republic,



(h) the sentence imposed) such decisions would be based on the rule of

the order of the United States barred, or



I), the competent authority of another Member State, that Court was asked to

consent to the prosecution of the person against whom the decision is directed, or with

performance penalty or protective measures in respect of such person in the United

Republic for another criminal offence committed prior to his or her surrender to the Czech

the Republic than for the one for which it was passed, such consent has been given.



(2) If a question arises as to whether or to what extent is a person

the decision of another Member State, be exempted from the jurisdiction of

bodies active in criminal proceedings, shall decide on the design of this person

the public prosecutor or the Court of the Supreme Court.



(3) the decision of another Member State may be recognised, even if the reason is given

for non-recognition referred to in paragraph 1 (b). (f)), if the person against whom the

such a decision is directed,



and in time) was summoned and, therefore, be informed of the date and place of

the venue ordered the trial, which led to the release of the decision, or

Another way has received official information about the date and venue

ordered the trial, so that it was clearly established that the

the scheduled trial she knew and was informed that the negotiations can be

took place and the decisions handed down in his absence,



(b)) knew about the nařízeném Court and instructed the Attorney, whom she herself

or that she was appointed to it at the hearing, the Court

He advocated, and he did so, or



(c)), after she was personally delivered to the decision and was explicitly taught

of his right to a new hearing of the case or the right to appeal

the resource whose use allows its participation in a new or pending

management, assessment or review of things again and the implementation of the new

evidence and may lead to a change of the original decision, such right

expressly gave up, or is in the relevant time limit did not apply or appeal

resource took back.



(4) the Court may not recognize the decision of another Member State, if the

decision issued for the deed had been committed wholly or partly in the territory of the United

Republic or outside the territory of the United Kingdom on board a ship or another

the vessel, aircraft or other vehicle, air transport,

that are registered in the Czech Republic; in doing so, shall take into account, in particular,

the circumstances of committing the deed.



(5) the Court may not recognize the decision of another Member State, if

This decision has not received, this decision is not accompanied by a certificate

on a specified form ^ 31), this certificate is obviously incomplete,

does not match the content of the decision, to which it is connected or not translated

into the Czech language or another language in which the certificate can be based on

Declaration by the Czech Republic ^ 32) take. Before the decision on non-recognition

President of the Chamber shall invite the competent authorities of another Member State to the

the time limit laid down in the decision, certificate, sent its corrected version

or translation of the certificate to the appropriate language. At the same time it notifies the

If you fail to do so within the specified period, without substantial reasons stated,

for that, so could not make, the Court will not recognize the decision.



(6) if there are grounds for non-recognition in another Member State

referred to in paragraph 1 (b). and), f) or (g)) or in paragraph 4, the President of the

Senate before the decision on non-recognition of such decisions always will require

the opinion of the competent authority of another Member State; such an opinion

You may also, if it is given a different reason for non-acceptance.



(7) if the Court decides about the non-recognition of a decision of another Member State and

the person against whom the decision is directed, is in custody, uznávací

at the same time decides about its release. It is against this decision

admissible complaint to the public prosecutor, who shall have suspensive effect only

If it was made immediately after the announcement of the decision, and if at the same time

the State Prosecutor appealed against the judgment, by which it was decided to

on non-recognition.



§ 306



The recognition of the



(1) unless the case referred to in § 302 paragraph. 2 or 3 or in article 304 paragraph 2.

1, or if it is not given the reason for the non-recognition of a Member

the State, the Court shall recognize such a decision on the territory of the Czech Republic and at the same time

Decides that the punishment or protective measures imposed by this decision,

executes; the provision of section 124 para. 2 to 4 are used similarly.



(2) comes into consideration at least partial recognition and enforcement of judgments

another Member State, the Court recognizes its decisions only for one of the

offences to which the decision refers to. In the decision on the recognition and

performance in such a case, determine what proportion of the sentence or

the protective measures shall be carried out in the Czech Republic. This procedure may not

lead to an increase in the acreage of the sentence or protective measures. Before

a decision on the partial recognition and enforcement in another Member

State's President of the Chamber shall seek the opinion of the competent authority of another

Member State, whether or not such a procedure, or whether taking agrees

decision, together with the certificate back.



§ 307



Taking into account the law of another Member State



The Court may, in the decision on the recognition and enforcement of judgments in another Member

the State provide that will be on the territory of the United States met the deadline for

conditional release from the performance of unconditional imprisonment or

early termination of such an exercise set by the law of another Member

State. If such limits are more stringent than under the law of the United

States may, in the case of consent under section 300 requires the paragraph. 1,

decide that they will be respected, only with the consent of the person against whom

the decision of another Member State.



§ 308



Appeals and proceedings



(1) the Appeal cannot be challenged the grounds on which the decision was another

Member State issued.



(2) the Court of appeals cancels the judgment under appeal, that it was decided to



and) recognition and enforcement in another Member State, although they have not been

the conditions for the recognition and enforcement, or



(b)) non-recognition of a Member State although they were satisfied

the conditions for recognition and enforcement.



(3) the Court of appeal may annul the judgment under appeal also has been in the

the part of the judgment infringed other provisions of this Act,

If the breach could affect the accuracy and legality

the part of the judgment.



(4) the Court of appeals cancels the judgment under appeal and terminates the proceedings if the Court finds

the reason referred to in section 302 paragraph. 2 or 3. If the Court finds a reason referred to in section 302

paragraph. 3 first shall inform the competent authority of another

Member State and requests comments, whether on the recognition and enforcement of

such a decision it takes, within the time limit, which for this purpose

provides. Terminates the proceedings in the case that the competent authority of another

a Member State does not respond within the time limit or fails to state the circumstances that

refute the reason for which you cannot continue proceedings.



(5) the provisions of § 246 para. 1 (b). (c)), and (d)), section 257 paragraph. 1 (b). a) to

(c)), para. 2 and 3, § 258 paragraph. 1 (b). d) to (f)), section 259 paragraph. 3 and 5, §

260, 261, 263 and 265 of the criminal code, of course. If the Board decides

the Court judgment, it does so in a public meeting. The provisions of § 304 paragraph 1. 2

the second sentence shall apply mutatis mutandis.



(6) if the authority Took another Member State together with the decision

the certificate back in the course of the proceedings before the Court of appeal, it shall

Similarly, the Court of appeal under section 309.



§ 309



The withdrawal of the judgment and the certificate



(1) if the competent authority Took another Member State together with the decision

the certificate back to the time of the recognition and enforcement of a decision of another

of a Member State to a final decision, the President of the Senate, the withdrawal shall take

certification decision noted, bringing legal proceedings end.




(2) if the competent authority Took another Member State together with the decision

the certificate back to then, what was the decision in the Czech Republic

the legally recognised, without undue delay, the Court shall take the measures

to the abandonment of the enforcement. However, if it was a performance penalty

or protective measures initiated, the Tribunal shall inform the competent authority of the

another Member State and notifies him that in such a case can no longer be

the withdrawal of a decision and the certificate.



(3) If a person against whom a decision of another Member State

directed, detention in uznávací must be in the case referred to in paragraph 1 and

paragraph 2, the first sentence without undue delay released.



§ 310



The performance of the recognised the decision



(1) unless otherwise stipulated, detention or protective

the measures shall be applied, mutatis mutandis, in accordance with the provisions of title twenty-first

the criminal procedure code. As soon as the decision on the recognition and enforcement of decisions

another Member State becomes enforceable, President of the Chamber shall order performance

punishment or protective measures. The provisions of § 130 paragraph 1. 2 is to be used

by analogy.



(2) the President of the Chamber shall promptly take measures leading to the abandonment of the

enforcement in another Member State, if



and the competent authority) of another Member State of the amnesty, understand

grace or any other decision or measure as a result of the

recognized by the decision happened to be unenforceable, or



(b)) a person against whom the decision is directed, cannot be delivered in performance

a sentence or a preventive measure due to her unknown whereabouts.



(3) in the case referred to in paragraph 2 (a). and the Court shall request the competent)

authority of another Member State on whether the amnesty, pardon, or other

decisions or measures in another Member State has the effect that the

a person against whom a decision recognised by another Member State,

looks like he has not been convicted. In the case referred to in paragraph 2 (a).

(b) a Court of competent authority) will ask another Member State to let it know,

that the person against whom the decision recognised by another Member State,

the penalty or protective measures, or that of

looking for other reasons, like he has not been convicted. If you are looking for a person

to which recognised the decision of another Member State, in this

Member State, as if he has not been convicted, staring back at her in the Czech

Republic. If the decision has been recognised in another Member State lawfully

cleared, the Court shall revoke its decision on its recognition.



(4) the President of the Chamber shall decide without undue delay about how, in what part of the

recognized by the decision of another Member State will not be enforced as soon as it

the competent authority of another Member State shall inform about the amnesty, grace

or other decision or measure as a result of the recognised

the decision happened, in part, be unenforceable. It is against this decision

admissible complaint which shall have suspensive effect.



(5) the President of the Chamber, without undue delay, inform the competent authority of the

another Member State to



a waiver or partial) abandonment of enforcement,



(b)) the abandonment of the enforcement of a sentence or a preventive measure on the ground that

the person against whom the decision of the other Member State, was in the Czech

Republic granted pardon or amnesty, including the reasons for their

grant, if known,



c) conditional release of the person against whom the decision of another Member

the State is facing, including the trial period, and the writ of the rest of the sentence,

If it is apparent from the certificate, that another Member State such information

requests,



(d)) the escape of the person against whom the decision is directed, another Member State of the

enforcement of a sentence or a preventive measure,



(e)), that the penalty or protective measures were carried out.



(6) Upon receipt of the information referred to in paragraph 5 (b). (d))

the competent authority of another Member State the right to make passes on

the person against whom a decision of another Member State, or

the safeguard measure imposed by the recognised by decision of a Member State

back to that Member State. In this case, the performance of the rest of the sentence

or protective measures on the territory of the Czech Republic intolerable.



(7) the President of the Chamber shall inform the competent authority of another Member State of the

other facts, if it considers it necessary in terms of ensuring

proper enforcement.



§ 311



The takeover of a person from another Member State



(1) the person whom another Member State has forwarded to the enforcement of the sentence or

the protective measures, the authorities of the prison service of the Czech

States and give it to the prison or for the performance of the protective device

measures. Shall promptly inform the Court about it.



(2) if the surrender of the person, which is located in another Member State

in the performance of unconditional imprisonment or protective measures

involving deprivation of liberty and in respect of which it was accepted

the decision of another Member State, to the Czech Republic for the performance of such

a sentence or a preventive measure, performance is recognised by the decision of another

Member State in respect of such a punishment or protective measures on the

the Czech Republic is inadmissible.



§ 312



The costs of proceedings



(1) the costs of proceedings for the recognition and enforcement in another Member State,

with the exception of the costs of transportation, against whom such decision

is directed to the United States, bears the Czech Republic.



(2) If a final decision on the recognition and enforcement of a decision of another

Member State, it is the person against whom the decision is directed, shall

replace the State costs referred to in § 152 paragraph 1. 1 (b). a), b) and (d))

the criminal procedure code; This does not apply in the case referred to in section 311 paragraph 2. 2.



section 313



Speciality



The provisions of § 198 in this proceeding shall be used mutatis mutandis; for the reasons mentioned in

section 198 paragraph 1. 1 (b). (e)), it is sufficient that the person concerned has agreed to

the surrender to the United States, and shall not be required to give up the right to

the application of the principle of speciality or waiver of this right was

part of her consent to the transfer to the United States.



Part 2



Ensure the enforcement of decisions imposing an unconditional prison sentence

liberty or measures involving deprivation of liberty

another Member State



Section 314



(1) under this part may be sent to another Member State for recognition and

the performance of the final decision of the Court



and) was saved by imprisonment or it was decided to

the rest of the performance, including in cases where the decision was made about the performance of

conditionally deferred prison sentence, about the performance of the replacement of the sentence

nevykonaný punishment imprisonment for house arrest or a financial penalty,

or was the imprisonment penalty converted

in General, community service, or



(b)) was a protective measure involving deprivation of liberty.



(2) under this part progresses, if another Member State has

legislation to implement the relevant legislation of the European

Union ^ 29).



§ 315



Conditions for sending the decision to the recognition and enforcement of



(1) if it is appropriate and effective in terms of ensuring the successful integration of the

the person against whom the decision is directed, in society or in terms of

ensuring its successful treatment, the Court may, in a case decided in the first

level, at the request of that person or without such a request, this decision

submit to the competent authority of another Member State for the purpose of recognition and

performance, if this person is in the territory of that Member State

or on the territory of the Czech Republic, and



a) is a citizen of a Member State and has on its territory the usual

residence,



b) is a citizen of a Member State, does not have on its territory

habitual residence, but after the execution of a sentence or a preventive measure to it

will be removed on the basis of a final judgment given in the judicial

or administrative proceedings, or



(c)) in other cases than those referred to in (a)) and (b)), unless the

that Member State agrees.



(2) if it is appropriate and effective in terms of ensuring the successful integration of the

the person against whom the decision is directed, in society or in terms of

ensuring its successful treatment, the Court may, in a case decided in the first

instance, to send this decision to the competent authority of another Member

State to recognition and enforcement, if that Member State asked.



(3) decision can be sent to another Member State only with the prior

the written consent of the person against which it is made; This consent is not required



and) in the case referred to in paragraph 1 (b). and)



(b)) with the person who is supposed to be after the execution of a sentence or a preventive measure to

of that Member State from the United Kingdom removed,



(c)) with the person who fled into that Member State or

She came back because they were conducted in the Czech Republic, the criminal

in this procedure, and the procedure was then issued a decision that has to be in

that Member State recognised and enforced,



(d)) with the person who fled into that Member State or

She came back because they were issued in the Czech Republic,

to be in that Member State recognised and enforced.




(4) the person against whom the decision is directed must, before pronouncing

consent advised of its meaning and consequences. When I say a consent cannot be

take it back. If there is no decision to send to another Member State

required the consent of the person against whom the decision is directed, and this person is

located on the territory of the United States, the Court finds her opinion.



(5) in the cases referred to in paragraph 1 (b). a) and b), the court usually

before sending the decision to the recognition and enforcement of the competent authority of another

the Member State shall request a statement whether it agrees with the acceptance decision

to recognition and enforcement, and whether such a procedure deemed suitable and efficient from the

to ensure the successful integration of the person against whom the decision

directed to the company, or in terms of ensuring its successful treatment.



(6) in considering, in which the State appears to be a performance penalty or

the protective measures, the Court will consider the most appropriate to the opinion of the person

against whom the decision is directed, if known, and the opinion of another

of a Member State.



(7) if the decision to send in more Member States, shall be sent to the

the State in which you can probably assume that the performance penalty or

protective measures in this State will ensure the successful incorporation of the

the person in the company or its successful treatment.



(8) the Ministry shall, at the request of the Court, in finding

the necessary information, in particular when the findings of the competent authority of another

Member State to which the decision is to be sent, or when verification

the conditions laid down by the laws of that Member State for recognition and

the performance of such a decision.



(9) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with other Member States, the Court shall provide to the Ministry at its

request the necessary information, in particular on the number of decisions sent to

other Member States and to the recognition and enforcement of the outcome of the proceedings for the recognition and

the performance of these decisions in other Member States.



§ 316



Request for withdrawal of the uznávací binding



(1) if the person against whom the decision is directed, in another Member

the State, the Court may, even before sending the decision to recognition and enforcement request

the competent authority of the Member State of its withdrawal to the uznávací binding.



(2) an application for taking into uznávací the binding must be translated into the official

language or one of the official languages of that Member State, or

the language in which that State is willing to take.



§ 317



Sending the decision to the recognition and enforcement of



(1) the decision of the Court shall forward to the competent authority of another Member State

together with the certificate of the form ^ 31) translated into the official

language or one of the official languages of that Member State, or

the language in which that Member State in accordance with its declaration certificate ^ 32)

accepts. To the judgment and the certificate, the Court attaches also written consent

the person against whom the decision is directed, if the transmission of a decision

required; does not require the assent of opinion appends information

This person, if known.



(2) at the request of the competent authority of another Member State, the Court shall give

additional information and the addition of the necessary for the purposes of recognition and enforcement

decision. Where a translation of the decision by another Member State or on its

a substantial part in the official language of the Member State or another

Member State, you must also send a translation of the decision or its

a substantial part of it.



(3) the Court shall deliver the person against whom the decision is directed, on a specified

form ^ 29) a notice stating that the decision sent to recognition and enforcement in the

another Member State; If the person in the other Member

the State, the Court shall send a notification to the competent authority of another Member State for the

the purpose of his surrender that person.



(4) if the other Member State to take a decision to recognise and

performance after he was sent to such a decision, the Court may take

decision with the certificate back.



§ 318



(1) The starting time of execution of a sentence or a preventive measure in another

Member State on the basis of the decision of the Court may take the organisation recognised by decision

with the certificate back, especially if the legislation does not consider other

of the Member State governing the mitigation or premature termination of the

a sentence or a preventive measure for performance sufficient in terms of

fulfill the purpose of punishment or protective measures.



(2) at the request of the competent authority of another Member State the Court with him

may agree to partial recognition and enforcement of decisions and on the conditions

such recognition and enforcement; This procedure must not lead to an increase in acreage

the sentence or protective measures. In the absence of agreement, the Court

He will take the decision with the certificate back.



(3) the Court shall immediately notify the competent authority of another Member State of the

the fact that the person against whom the decision is directed, was in the Czech Republic

granted a pardon or an amnesty, or any other decision, action or

fact, which result in decisions to be unenforceable or

enforceable only in part.



(4) following the initiation of enforcement of a sentence or a preventive measure in another Member

the State on the basis of recognised decision cannot be imprisonment or protective

measures in the Czech Republic to initiate or continue with the exception

in the case where the Court was the competent authority of another Member State

informed that this person from imprisonment or protective measures

fled and that State will be in the performance to continue. In this case,

the time spent in another Member State, in custody or in prison

reallocated to the sentence imposed by a Court of the United States.



section 319



Transfer to another Member State



(1) if the person against whom the decision is directed, in Czech

the Republic needs to pass to another Member State within 30 days of

the decision of that Member State for recognition and enforcement. The authorities of the

The prison service that person shall transmit to the competent authorities of that Member

State on its territory.



(2) if the surrender of the person against whom the decision is directed, it could not be in

the prescribed period carried out owing to unforeseeable circumstances, without

undue delay after such circumstances have ceased to apply, shall agree the new

the term pass for this person. In this case, it is necessary to pass this person

to another Member State within 10 days from the date the newly agreed as follows

the handover.



(3) the costs related to the transfer of the person against whom the decision is directed, to

another Member State carries the Czech Republic.



§ 320



Speciality



Where the competent authority of another Member State to consent to prosecution

the person against whom the decision is directed, or the power of punishment or

the protection measure such a person in that Member State for a different

the deed had been committed before its submission to the imprisonment or protective

measures than for that for which it was passed, the Court shall proceed mutatis mutandis

under section 216.



Part 3



The transit operation in relation to the performance of the decision imposing the

imprisonment or protective measures associated with

deprivation of liberty with other Member States



§ 321



The request for transit operations through the territory of another Member State



(1) to submit requests for transit through the territory of another Member State in

relating to the enforcement of decisions of the Court of the United States

referred to in § 314 in another Member State, the competent Ministry. To

the application connects the copy of the certificate. If so requested by the State of transit, it should be

a copy of the certificate to annotate a translation into the language of that State in the application

shall be indicated; the translation shall be used mutatis mutandis § 141 para. 3.



(2) for transit operations the person through the territory of another Member State is not

need to apply for an air transit without landing on the territory of that

State. If there is in this case an unscheduled landing on the territory of the

another Member State, that Member State shall send to the Department

the request for transit operations together with a copy of the certificate to the 72 hours of this

the unscheduled landing.



§ 322



The transit through the territory of the Czech Republic



(1) the Ministry shall decide on the request of another Member State for authorisation

transit of persons through the territory of the Czech Republic within 7 days from the day on which it was

such a request is received in the English language or in another language which

accepts.



(2) if the Ministry has not received the request for transit operations in the Czech Republic

language or another language which it accepts, it may request the competent authority of the

another Member State about its transfer to such language.



(3) in the rest of the transit of persons through the territory of the United States similarly

the provisions of part III, title used in part 2, with the exception of § 142 paragraph 2. 2

(a). and), e) and (i)).



TITLE IX OF THE



RECOGNITION AND ENFORCEMENT OF THE DECISION IMPOSING A PENALTY IF A DETENTION

PERSONAL FREEDOM, SUPERVISION OR APPROPRIATE RESTRICTIONS OR OBLIGATIONS



Part 1



Recognition and enforcement in another Member State imposing the punishment

If the deprivation of liberty, supervision or appropriate restrictions

or obligations



Section 323



(1) under this part are the procedures for recognition and enforcement of the final

decision of the Court of another Member State, issued in the criminal proceedings,

which it was decided to




and conditional release) from the exercise of unconditional imprisonment

or protective measures involving deprivation of liberty for

the current establishment of supervision or the imposition of reasonable restrictions or

the obligations referred to in § 324 paragraph. 1,



(b)) a conditional sentence of imprisonment or protective

measures associated with the deprivation of liberty, while the determination of the

supervision or the imposition of reasonable restrictions or obligations provided for in §

324 paragraph. 1,



(c) the waiving of punishment of suspension) under the current establishment of supervision

or the imposition of reasonable restrictions or obligations referred to in section 324

paragraph. 1, or



d) imposition of sentence or protective measures versus deprivation

personal freedom, if it is in any of the restrictions or obligations

referred to in § 324 paragraph. 1.



(2) if it was sent to the Czech Republic to the recognition and enforcement of decisions

Court of another Member State referred to in paragraph 1 (b). and)

also under this part the Court's decision in recognition of that Member

the State, which was saved by imprisonment or protective

measures involving deprivation of liberty, whose performance was the person

against whom the decision is directed, released.



(3) under this part shall proceed even in the recognition and enforcement of the final

decision of an authority other than a court, which decided on the conditional

release from the performance of unconditional imprisonment or protective

measures involving deprivation of liberty for setting

supervision or the imposition of reasonable restrictions or obligations, or which has been

given supervision or reasonable restrictions or obligations imposed on

the basis of a court decision issued in criminal proceedings

decided on conditional release from the performance of unconditional prison sentence

freedom or protective measure involving deprivation of liberty,

the conditional conviction to such punishment or protective measures and

conditional waiver of punishment.



(4) if sent to the United States for the recognition and enforcement of decisions

another Member State referred to in paragraph 3, issued by the other authority than

the Court shall proceed under this part also in recognition of the Court's decision

another Member State to which the



and) was saved by imprisonment or protective measures

involving deprivation of freedom, of whose performance was the person against whom the

such a decision is directed, released,



(b)), it was decided on conditional release from the performance of unconditional

penalties involving deprivation of liberty or a detention order of a safeguard measure

personal freedom,



(c)), it was decided on the conditional sentence of imprisonment, or

protective measures associated with the deprivation of liberty, or



(d)), it was decided the conditional waiver from the punishment.



(5) in accordance with this part progresses, if another Member State has

legislation to implement the relevant legislation of the European

Union ^ 33).



section 324



The conditions for the acceptance of the decision



(1) the decision of the other Member State can be taken for the purpose of recognition

and performance, if stores some of these restrictions or obligations:



and) inform the competent authority of the place of stay or change of work,



(b)) to refrain from visits to specific locations,



(c) the prohibition of travel)



(d) the prohibition of activities)



e) restrictions and obligations related to the behaviour, residence, education,

leisure-time activities or performance of a particular job, profession or

function,



(f)) to report in due time to the competent authority,



g) to abstain from contact with certain persons,



h) refrain from contact with certain items that were or could be

used to commit the offence,



I replace the damage caused to the victim) a criminal offence,



(j)) to perform the work of general interest,



to) cooperate with the probation officer or social worker

services active in the field of work with convicted persons,



l) to undergo treatment for addiction.



(2) the decision of another Member State fulfilling the condition laid down in the

paragraph 1 is taken for the purpose of recognition and enforcement, if the person

to which he seeks, he has habitual residence in the Czech Republic and the

its territory or can reasonably be expected that intends to return to the

Of the Czech Republic.



(3) the decision of another Member State fulfilling the condition laid down in the

paragraph 1 may be taken over for the purpose of recognition and enforcement without meeting the

the conditions referred to in paragraph 2, if the



and) the person against whom the decision is directed, requests that he be sent to the

The United States for the purpose of recognition and enforcement,



(b)) the person against whom the decision is directed, is staying in the territory of the United

Republic or can reasonably be expected that here it intends to delay, and



(c)) the single judge agrees with taking such a decision to the recognition and

performance in the Czech Republic because of the appropriateness and effectiveness of such

procedure when it comes to ensuring successful integration of this person to the

the company.



(4) prior to granting consent or refusal decision of another

the Member State shall request the opinion of a single judge's Ministry. About

whether they agree with such a decision, the judge shall inform the

the competent authority of another Member State.



section 325



The jurisdiction of the



(1) the procedure under this part is the District Court in whose

the circuit is the person against whom a decision of another Member State

is going. If this is not present, the person in the Czech Republic, the

the District Court in whose district the person having or having had the last permanent

the stay. If you cannot determine the jurisdiction of the Court pursuant to the first sentence, and second, it is to

the procedure under this part, the competent District Court of Prague 6. To change the

grounds for determining territorial jurisdiction arising after the

initiation of the proceedings shall be disregarded.



(2) the provisions of paragraph 1 shall not affect the special jurisdiction of the Court in

the enforcement process under Chapter twenty-first code of criminal procedure.



(3) if the decision is sent to the institution of another Member State, that

There is no procedure under this part, it shall, without delay to the competent

at the same time to the competent court and shall inform the competent authority of the assignment

another Member State from which it has sent to the decision. If the Court, which

the decision was forwarded to, doubts as to its jurisdiction, it shall

mutatis mutandis, pursuant to section 24 of the criminal procedure code.



(4) the Ministry shall provide, at the request of the institution of another Member State

in finding the necessary information, in particular when it detects

the Court, which is to be sent to the decision of another Member

State, or when verification of the conditions laid down by laws of the United

States for the recognition and enforcement of such a decision.



(5) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with other Member States, the Court shall provide to the Ministry at its

request the necessary information, in particular on the number of proceedings for recognition and enforcement of

the decision of the other Member States and their outcome.



§ 326



The procedure for recognition and enforcement



(1) proceedings for recognition and enforcement in another Member State, the

kicking off at the moment when the competent court delivered a decision

another Member State together with the certificate, where applicable, at least the certificate,

or decision of a Member State with the requirement of the procedure referred to in

This piece.



(2) the conditions are not fulfilled for receipt of decision of another Member

State, the single judge procedure for recognition and enforcement of such a decision and

on its completion, and reasons that led to it, shall promptly inform the

the competent authority of another Member State, the State Prosecutor, if it was already

in the matter of active, and advocate for, if it was elected or appointed.



(3) if in proceedings continue because of that is not the reason for the

non-recognition of a decision, the judge shall inform the competent

authority of another Member State and requests a statement whether the recognition and

enforcement of the decision it takes, within a period to be fixed for this purpose.

Unless the competent authority of another Member State within the time limit, or

unless the circumstances that refute the reason for which you cannot control

continue, the single judge terminates the proceedings and of its termination and the reasons

that led to it, it shall immediately inform the competent authority of another

Member State, the State Prosecutor, if it was already active, and

a lawyer, he was elected or appointed to.



§ 327



Decision on the recognition and enforcement of



(1) If a judge does not consider the certificate and the decision sent other

Member State with a sufficient basis for a decision on the recognition and enforcement,

requests the competent authority of that Member State, to the laid down

the deadline posted by the necessary supplemental information. If the customer does not send to another Member State

additional information within a specified time limit, without substantial reasons stated,

not doing so, for which a single judge terminates the proceedings and their

shall inform the competent authority of another Member State, the public prosecutor,

If it was already active, and advocate for, if it was elected or appointed. On

These consequences shall be the competent authority of another Member State

notified.



(2) whether the decision of another Member State recognised and enforced, or


whether the decision of a single judge will decide will not recognise, without undue delay,

as a rule, within 60 days from the date on which the Court has received the decision of another

Member State, together with the certificate; prior to the decision will require a written

observations of the Prosecutor. In this period of time shall not be counted

that is sourced translation decisions, or are from another Member

State equipped with relevant documentation required for the decision. If this time limit

followed by a single judge shall immediately inform the competent authority of another

the Member State and shall indicate the reasons for the delay, including the estimated useful

such a delay.



(3) If a judge considers it necessary for the purposes of a decision, it shall

public meetings; public meeting orders always, decide if the recognition and

enforcement in another Member State conditional release pursuant to

Section 323 paragraph 2. 1 (b). and) or para. 3. If the person against whom the

such a decision is directed, in a foreign State in the binding, unconditional performance

penalties involving deprivation of liberty or a detention order of a safeguard measure

personal freedom, about the public meeting with nevyrozumívá and public meeting

takes place in the presence of her lawyer.



(4) the decision on the recognition and enforcement of a single judge shall deliver to the person against whom the

the decision of another Member State, to the Prosecutor and defense lawyers,

If he was elected or appointed. If a decision cannot be delivered to the person against

the decision of another Member State, by reason of its

an unknown residence, single judge terminates the proceedings and of its termination, including

reason of such a procedure, it shall immediately inform the competent authority of the

another Member State, the public prosecutor and defence counsel, if the elected or

appointed.



(5) on the nepravomocném decision on the recognition and enforcement of a single judge shall immediately

shall inform the competent authority of another Member State; in the case of the recognition and

enforcement it informs about the adaptation of the sentence, protective

measures of supervision, reasonable restrictions or reasonable obligations and on the

the reasons for such adjustment and in the case of non-recognition and the reasons for

such a procedure. A single judge shall inform the competent authority of another Member

State and that the decision took legal force.



§ 328



The grounds for non-recognition



(1) the single judge does not recognise a decision of another Member State, if



and) recognition and enforcement of such a decision would be in conflict with an obstacle

the case has been finally decided,



(b)) the deed does not populate the characters of the facts of the offence according to the law

The Czech Republic; in the case of criminal offences relating to taxes, fees,

duties or the currency of another Member State cannot be a decision not to recognise only from

the reason that the laws of the United States do not impose the same kind of

taxes, fees, or duties or do not contain the same provisions relating to the

taxes, fees, duties, or currency as the legal provisions of the Member

State,



(c)) the person against whom a decision of another Member State, shall enjoy

under the law of the United States or international law, privileges and

immunities, for which is excluded from the powers of the bodies active in criminal

management,



(d)) the person against whom a decision of another Member State, would not have been

under the law of the United States due to its age, responsible for

the offence,



(e)), the length to be punishment, detention, supervision,

reasonable restrictions or reasonable duty performed, was at the time of

the delivery of such a decision the Court less than 6 months; If you cannot exercise

otherwise, you can reach the decision to recognise and execute, in this case,



f) such a decision was given in the proceedings in the absence of

the person against whom, unless otherwise stipulated,



(g)) the penalty imposed, protective measures, reasonable restrictions or reasonable

the obligation to include such measures in health care, which cannot be

regard to the legal order of the Czech Republic or to the health system

in the Czech Republic, or



h) sentence imposed in such a decision is based on the rule of law

The United States barred and such a decision was for the deed,

the prosecution is under the legal order of the Czech Republic in the powers of the bodies

Of the Czech Republic.



(2) If a question arises as to whether or to what extent is a person

the decision of another Member State, be exempted from the jurisdiction of

bodies active in criminal proceedings, shall decide on the design of this person

the public prosecutor or a judge Supreme Court.



(3) the decision of another Member State may be recognised, even if the reason is given

for non-recognition referred to in paragraph 1 (b). (f)), if the person against whom the

such a decision is directed,



and in time) was summoned and, therefore, be informed of the date and place of

the venue ordered the trial, which led to the release of the decision, or

Another way has received official information about the date and venue

ordered the trial, so that it was clearly established that the

the scheduled trial she knew and was informed that the negotiations can be

took place and the decisions handed down in his absence,



(b)) knew about the nařízeném Court and instructed the Attorney, whom she herself

or that she was appointed to it at the hearing, the Court

He advocated, and he did so, or



(c)), after she was personally delivered to the decision and was explicitly taught

of his right to a new hearing of the case or the right to appeal

the resource whose use allows its participation in a new or pending

management, assessment or review of things again and the implementation of the new

evidence and may lead to a change of the original decision, such right

expressly gave up, or is in the relevant time limit did not apply or appeal

resource took back.



(4) a judge may not recognise the decision of the other Member State, if the

decision issued for the deed had been committed wholly or partly in the territory of the United

Republic or outside the territory of the United Kingdom on board a ship or another

the vessel, aircraft or other vehicle, air transport,

that are registered in the Czech Republic; in doing so, shall take into account, in particular,

the circumstances of committing the deed.



(5) a judge may not also recognise another Member State,

If this decision has not received, this decision is not connected

the certificate on the form ^ 34), this certificate is clearly

incomplete, does not match the content of the decision, to which it is connected or not

translated into the Czech language or another language in which the certificate can be

According to a statement the United States 35) take ^ ^. Before the decision on

non-recognition of the single judge shall invite the competent authorities of another Member State in order to

him within the time limit laid down in the decision, certificate, sent by his patched

text or translation of the certificate to the appropriate language. At the same time it

notifies you that if you fail to do so within the specified period, without stated

the substantial grounds on which so could not make, will not recognize the decision.



(6) if there are grounds for non-recognition in another Member State

referred to in paragraph 1 (b). and), e), (f)) or g) or in paragraph 4,

prior to the decision of a single judge's non-recognition of such decisions always

shall request the opinion of the competent authority of another Member State, such

the opinion may request also is given a different reason for non-acceptance.



Section 329



The recognition of the



(1) unless the case referred to in § 326 of paragraph 1. 2 or 3 or in § 327 paragraph 3(a).

1, or if it is not given the reason for the non-recognition of a Member

the State referred to in § 323 paragraph 2. 1 or 3, the single judge shall recognize such

the decision on the territory of the Czech Republic.



(2) together with the decision of the Court of another Member State referred to in § 323

paragraph. 1 (b). and the decision of another body), or before the Court on conditional

the release referred to in section 323 paragraph 2. 3 always also recognizes the Court's decision

another Member State, which was saved by an unconditional prison sentence

liberty or measures involving deprivation of liberty, of

the performance was the person against whom the decision is directed,

released.



(3) together with the decision of another body other than a court referred to in section 323 paragraph 2.

3, which was given supervision or imposed reasonable restrictions or

obligations on the basis of a court decision on conditional release from the performance of

penalties involving deprivation of liberty or a detention order of a safeguard measure

personal freedom is always also recognizes this decision of the Court on conditional

the release, as well as its previous decision, which has been saved

imprisonment or protective measures associated with

deprivation of liberty, whose performance was the person against whom such

the decision is directed, released.



(4) together with the decision of another body other than a court referred to in section 323 paragraph 2.

3, which was given supervision or imposed reasonable restrictions or

obligations on the basis of a court decision on conditional sentencing to punishment

deprivation of liberty or to the protective measures associated with the deprivation of

freedom, or the conditional waiver from the punishment is always also recognizes the

This decision of the Court.



section 330



(1) the decision on the recognition of a single judge decides the sentence,

protective measures, surveillance, reasonable restrictions or reasonable obligation

imposed by a decision of another Member State, while



and if inconsistent) kind of like that sentence, protective measures, surveillance,


reasonable restrictions or reasonable obligations, including those which have

be carried out in the case of non-compliance with the legal order of the Czech

of the Republic, is the type of sentence, protective measures, surveillance,

reasonable restrictions or reasonable obligations under the criminal code,

He's closest to, or



(b)) if it exceeds amount of such penalty, including the length of the trial period, after

that has to be supervised or filled with reasonable restrictions or

obligations, or acreage of unconditional imprisonment, which has

to be executed in the event of failure to comply with the sentence, protective measures, surveillance,

reasonable restrictions or reasonable obligations imposed by decision of the

another Member State, the upper limit of the rate for the corresponding offence

or the maximum permissible length of the probationary period in accordance with the criminal code,

reduce it to the upper limit of the rate for the corresponding offence or on the

the maximum length according to the Penal Code.



(2) the decision on the recognition and enforcement in another Member State

conditional release the single judge will decide about the inclusion of the person against whom

the decision of another Member State, to the type of prison

that will be subsequently decided that the rest of the unconditional prison sentence

freedom.



(3) If a penalty is deprivation of liberty for which can be

the legal system of another Member State save spare punishment

deprivation of liberty in violation of the terms of his performance and that is not responding

any punishment nespojenému deprivation of liberty under the criminal

the law is transformed into a conditional postponement of enforcement of a custodial sentence with

supervision.



(4) the Punishment or protective measures which are not linked with the deprivation of

the freedom for which it cannot under the law of another Member State

Save the substitute imprisonment for breach of conditions

their performance and that do not match any punishment or protective

measures nespojenému deprivation of liberty under criminal law,

is transformed into sight.



(5) the adaptation of the sentence, protective measures, surveillance, adequate

restrictions or reasonable obligations must not impair the position of the person against

the decision of another Member State.



§ 331



Complaint procedures



(1) against a decision pursuant to § 328 paragraph 1. 1 and 3 to 5, § 329 or 330 is

admissible complaint which shall have suspensive effect. Complaints cannot be challenged

the reasons for which the decision was issued in another Member State.



(2) the court adjudicating on the complaint, the contested decision cancels and exits

proceedings, if the Court finds a reason referred to in section paragraph 326. 2 or 3. If the Court finds the reason

referred to in § 326 of paragraph 1. 3 first shall inform the competent

authority of another Member State and requests a statement whether the recognition and

the performance of such a decision it takes, within the time limit, which for this purpose

provides. Terminates the proceedings in the case that the competent authority of another

a Member State does not respond within the time limit or fails to state the circumstances that

refute the reason for which you cannot continue proceedings.



§ 332



The withdrawal of the judgment and the certificate



(1) if the competent authority Took another Member State together with the decision

the certificate back to the time of the recognition and enforcement of a decision of another

of a Member State to a final decision, a judge, and in proceedings on the

the complaint, President of the Chamber shall take the withdrawal decision and certificate

decision on the note, which proceedings are terminated.



(2) if the competent authority Took another Member State together with the decision

the certificate back to then, what was the decision in the Czech Republic

Finally, a judge without undue delay shall take the measures

pointing to the abandonment of the enforcement. However, if it was

the sentence, protective measures, surveillance, reasonable restrictions or

reasonable obligations launched, the single judge shall inform the competent

authority of another Member State and notify them that in this case no longer

Unable to withdrawal of the judgment and the certificate.



§ 333



The performance of the recognised the decision



(1) unless otherwise stipulated in the sentence, protective

measures of supervision, reasonable restrictions or reasonable obligations,

including changes to the restrictions or obligations imposed, the imposition of additional restrictions

or obligations or writ of unconditional prison sentence

freedom or its remainder, proceed by analogy with the provisions of title

twenty-first code of criminal procedure.



(2) If a person violates any of the above which is supervised in the case referred to in §

paragraph 330. 4, seriously or repeatedly and monitoring requirements,

a judge about it without undue delay, inform the competent authority of another

Member State for the purpose of taking over enforcement.

The notification shall be sent to the form ^ 36). By analogy with the phrase

the first and second proceed even in the event of serious or repeated

breach of the conditions of supervision exercised over a person on the basis of the decision of the

another Member State referred to in § 323 paragraph 2. 1 (b). (c)).



(3) a judge may pass a performance recognised the decision back to another

also, in the case of a Member State, the competent authority of that other Member

State asks for the takeover of its performance because of that against the person against

the decision of another Member State directs, leads in that Member

the State's other criminal proceedings.



(4) a judge shall immediately take measures leading to the abandonment of the performance

recognised by the decision of another Member State, if



and the competent authority) of another Member State of the amnesty, understand

grace or any other decision or measure as a result of the

recognized by the decision happened to be unenforceable,



(b)) a person against whom the decision is directed, cannot be found on the territory of the

The United States,



(c)) the person against whom the decision is directed, is no longer in the Czech

Republic is habitually resident, and this fact prevents the proper performance of the

the decision,



d) another Member State understand of the facts referred to in paragraph 2,

or



e) granting the competent authority of another Member State to transfer

enforcement.



(5) in the case referred to in paragraph 4 (b). and the single judge shall request)

the competent authority of another Member State on whether the amnesty, pardon

or other decision or action has effects in another Member State,

that the person against whom the decision recognised by another Member State

pointing, staring, as if he has not been convicted. In the case referred to in paragraph

4 (b). b) to (e)), the Court shall request the competent authority of another Member State,

to indicate that the person against whom the decision recognised by another Member

the State is facing, the penalty imposed, protective measures, surveillance, adequate

restrictions or reasonable obligation, or that of other

the reasons for the visor, as if he has not been convicted. Looking to the person against whom the

recognized by the decision of another Member State, that Member

State, as would have been doomed, staring back at her in the Czech

Republic. If the decision has been recognised in another Member State lawfully

cleared, the Court shall revoke its decision on its recognition.



(6) the single judge without undue delay shall decide in what part of the

recognized by the decision of another Member State will not be enforced as soon as it

the competent authority of another Member State shall inform about the amnesty, grace

or other decision or measure as a result of the recognised

the decision happened, in part, be unenforceable. It is against this decision

admissible complaint which shall have suspensive effect.



(7) in the cases referred to in paragraph 4 (b). b) to (e)) passes right

to execute the decision of another Member State recognised in the rest of the range back

to that Member State. A single judge in order to ensure as far as possible

continuous enforcement cooperates with the authority of another

Member State, in particular the exchanges with him all the necessary information.



§ 334



Information obligation



(1) a judge without undue delay inform the competent authority of another

the Member State of



a waiver or partial) abandonment of enforcement,



(b)) the abandonment of the enforcement of a sentence or a preventive measure on the ground that

the person against whom the decision of the other Member State, was in the Czech

Republic granted pardon or amnesty, including the reasons for their

grant, if known,



(c) restrictions imposed or changed) duties, the imposition of additional restrictions

or obligations or writ of unconditional prison sentence

freedom or the rest,



(d)) that the punishment, detention, supervision, reasonable restrictions or

reasonable obligation were carried out.



(2) the Judge shall inform the competent authority of another Member State, at its

request for the maximum permitted area of unconditional imprisonment,

that can be stored under the criminal law in the case of non-compliance penalties

protective measures of supervision, reasonable restrictions or reasonable

the obligations imposed by the decision of another Member State.



(3) the Judge shall notify the competent authority of another Member State of the

other facts, if it considers it necessary in terms of ensuring


proper enforcement. Notification can use the form

referred to in § 333 para. 2.



§ 335



The costs of proceedings



The costs of proceedings for the recognition and enforcement in another Member State shall be borne by

Czech Republic.



Part 2



Ensure the enforcement of the decision imposing a penalty if a detention

personal freedom, supervision or appropriate restrictions or obligations in a different

the Member State of



§ 336



(1) under this part may be sent to another Member State for recognition and

the performance of the final decision of the Court by which it was decided to



a) conditional release from imprisonment under the current

determination of supervision or the imposition of reasonable restrictions or obligations,



(b) surveillance or to save) the determination of reasonable restrictions or obligations

conditionally to the person,



(c) the waiving of punishment of suspension) under the current establishment of surveillance,



d) imposition of sentence of house arrest,



e) imposition of sentence of community service work,



(f) imposition of sentence of prohibition of activities),



g) imposition of sentence an entry ban on sports, cultural and other

social events, or



h) imposition of ambulatory protective treatment.



(2) the decision referred to in paragraph 1 (b). a) to (c)) can be sent to another

Member State only to recognition and enforcement in the case that impose restrictions

or the obligations specified in § 324 paragraph. 1, or restrictions and obligations on the

where another Member State ^ 37) that can be over them on its territory

to exercise supervision or otherwise ensure their control.



(3) together with the decision referred to in paragraph 1 (b). and) to another

a Member State shall send to the Court's decision, which also has been saved

imprisonment, whose performance was the person against whom the

such a decision is directed, released.



(4) under this part progresses, if another Member State has

legislation to implement the relevant legislation of the European

Union ^ 33).



§ 337



Sending the decision



(1) if it is necessary to ensure the proper enforcement of the decision, the

the Court in the case decided in the first instance, to send this decision

the competent authority of another Member State for the purpose of recognition and

performance if the person against whom the decision is directed, in this

the Member State of normal residence and staying in its territory, or of the

circumstances suggest that he intends to return to that State. The decision can be

send for the purpose of recognition and enforcement as well as to the Member State in which

are not met the conditions referred to in the first sentence, if the person against

where such a decision is directed, and asks the Member State to take over

the decision agrees. The decision cannot be sent for the purpose of recognition and enforcement

concurrently in several Member States.



(2) the decision of the Court shall forward to the competent authority of another Member State

together with the certificate of the form ^ 34) translated into the official

language or one of the official languages of that Member State, or

the language in which this State certificate in accordance with its Declaration ^ 35) receives.



(3) at the request of the competent authority of another Member State, the Court shall give

additional information and the addition of the necessary for the purposes of recognition and enforcement

This decision.



(4) the Ministry shall, at the request of the Court, in finding

the necessary information, in particular when the findings of the competent authority of another

Member State to which the decision is to be sent, or when verification

the conditions laid down by the laws of that Member State for recognition and

the performance of such a decision.



(5) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with other Member States, the Court shall provide to the Ministry at its

request the necessary information, in particular on the number of decisions sent to

other Member States and to the recognition and enforcement of the outcome of the proceedings for the recognition and

the performance of these decisions in other Member States.



§ 338



The withdrawal of the judgment and the certificate



(1) the Court may request the competent authority of another Member State of the communication,

in what area, the maximum permitted under the law of this can be

Member State save imprisonment failure to comply with

the sentence, protective treatment, supervision, reasonable restrictions or

a reasonable person, the obligations that have been saved. Where the Court considers that the

such amount of punishment leads to a significant deterioration in the position of the person against

where such a decision is directed, or where the Court does not consider such an assessment

be adequate in terms of the fulfillment of the purpose of the penalty, the protective measures,

supervision, reasonable restrictions or reasonable obligations, it may take

decision, together with the certificate back.



(2) the Court may also take decisions with the certificate back, understand it

the competent authority of another Member State to adapt the sentence,

the protective treatment, conditions of supervision, reasonable restrictions or

reasonable obligations in accordance with its legal system, to consider that the

such adjustment leads to a significant deterioration in the position of the person against whom the

such a decision is directed, or does not populate the purpose of punishment, protection

measures of supervision, reasonable restrictions or reasonable obligations.



(3) the withdrawal of the judgment and the certificate must inform the competent

authority of another Member State not later than 10 days after from him

receives the information referred to in paragraph 1 or 2. Withdrawal is not possible,

If it was in another Member State has already launched performance recognised the decision.



§ 339



The consequences of the decision to the recognition and enforcement of



(1) the Court may request the competent authority of another Member State to transfer

enforcement back to the United States unless

the person against whom the decision is directed, leads the Czech Republic other

the criminal proceedings.



(2) after the initiation of enforcement in another Member State can be

the performance of such a decision in the Czech Republic to start or

continue only if



the Court took a) under the conditions and within the time limit back

decision, together with the certificate,



(b)) this is the case, covered by the Declaration of another Member

State ^ 38) that it will not provide the performance of unconditional prison sentence

freedom or protective measure involving deprivation of liberty,



(c)) the person against whom the decision is directed, cannot be found on the territory of the

of that Member State,



(d)) the person against whom the decision is directed, no longer has his habitual residence

in that Member State, or



e) another Member State has transmitted power recognized the decision back to the United

States on the basis of an application to the Court under paragraph 1.



(3) the Court shall immediately notify the competent authority of another Member State of the



and all the facts that) could lead to a change in the sentence,

ambulatory protective treatment, conditions of supervision, reasonable restrictions

or reasonable obligations or to unconditional performance regulation

imprisonment,



(b) a pardon or an amnesty) the person against whom the decision is directed, in

The Czech Republic, or any other decision, action or fact,

which result in decisions to be unenforceable or enforceable

only partially.



(4) if Made by another Member State declaration ^ 38) that it will not provide

the performance of unconditional imprisonment or protective measures

involving deprivation of liberty in the event of a breach of the saved

the sentence, protective treatment, conditions of supervision, reasonable restrictions or

reasonable obligations, the Court of this state instead of on the facts that

could lead to enforcement unsuspended imprisonment

or the enforcement of the protection measure involving deprivation of

freedom, it shall inform that according to the code of criminal procedure was the enforcement

unconditional imprisonment or out-patient safety

the treatment changed to institutional protective treatment.



(5) the penalty imposed, protective measures, surveillance, reasonable restrictions or

reasonable obligation shall be carried out in the Czech Republic in the extent to which

have not been executed.



the title launched



TITLE X



THE EUROPEAN PROTECTION ORDER



Part 1



Common provisions



§ 340



The scope of the



(1) the provisions of this title are used to ensure the continued protection

against criminal activities on the basis of a European protection order on

the territory of the



and) of another Member State, if a person was granted a protective

statement issued in criminal proceedings in the Czech Republic, or



(b)) the United States, if a person was granted a protective

statement issued in criminal proceedings in another Member State.



(2) under this title shall be applied in relation to other Member States,

for that is the European Union's binding legal regulation governing the European

protection order ^ 39).



the title launched



§ 341



(1) a European protection order issued on the basis of a protection order

referred to in paragraph 2



and) the judicial authority under this Act, or



(b) the judicial authority or an equivalent) of another Member State in accordance with its

the rule of law.



(2) a protection order "means a decision issued in criminal proceedings

the Court and the pre-trial judge or the public prosecutor, or

the decision issued by the enforcement authority of another Member State,


If it was issued in order to protect the person from the criminal act which

may endanger her life, health, freedom or human dignity, and

the suspect, the accused or the convicted party stores



and prohibition of entry into certain) places or defined areas that the person

protected protection order or where he is staying,



(b)) the prohibition or restriction of contact with the person protected protection order,

including contacts via an electronic communications network or other

by similar means, or



(c)) the prohibition or restriction on the approaching person protected

protection order closer than to a specified distance.



(3) the protected person means the person in whose protection has been issued

protection order.



(4) the Threatening person means the person that was banned or

limitation of protection order.



§ 342



(1) the procedure under this title, the judicial authority shall ensure that the

threatening a person in a secret place, where is staying protected person, or

other information allowing it to contact you, if their communication is not threatening

a person necessary for the purpose the definition of prohibition or restriction, which is

threatening a person stores.



(2) the judicial authority when the procedure under this title shall cooperate with

the competent authority of another Member State, in particular the exchanges with him

all the necessary information.



(3) the Ministry, at the request of the Court, and the Supreme Public Prosecutor's Office on

the request of the public prosecutor shall provide assistance in finding the necessary

information, in particular when the findings of the competent authority of another Member

the State, which is to be sent to the EPO, or validate

the conditions laid down by the laws of that Member State for its

the recognition and adoption of related measures. The same synergies will provide

the Ministry at the request of the institution of another Member State when it detects a

the necessary information with regard to the competent authorities of the United States or

verification of the conditions laid down by the laws of the United States.



(4) for the purposes of reporting to the institutions of the European Union and facilitating the

cooperation with other Member States of the Supreme Public Prosecutor's Office and

the courts shall provide to the Ministry at its request, the necessary information, in particular

a number of European protective orders sent to other Member

States to the recognition and acceptance of the follow-up and outcome of these proceedings,

in other Member States, as well as similar information regarding the

European protection commands sent by other Member States, in the United

of the Republic.



Part 2



The recognition of a European protection order in another Member State and the adoption of

related measures



§ 343



Conditions for taking over the European protection order



(1) a European protection order issued by another Member State can take over the

for the purposes of a decision on its recognition as regards the decision issued by the



and judicial or equivalent) authority of another Member State on the basis

protection order issued in the criminal proceedings and



(b)), at the request of the protected person, which is staying or residing in the territory of the

The United States, or intends to stay or have a residence.



(2) the reception of the European protection order shall not prevent, if

protection order that is described in the European protection order of any of the prohibitions

or restrictions specified in § 341 of paragraph 1. 2.



(3) If a protected person for the issue of a European protection order

judicial authority and protection order, on the basis of which to be released

the European protection order, was issued in another Member State, judicial

authority shall forthwith transmit to the competent authority of another Member

State.



§ 344



The jurisdiction of the



(1) the procedure under this part and part 1 is the District Court in

whose jurisdiction he resides or has a residence of protected person. If not present

This person in the Czech Republic, or is not domiciled here, is competent

the District Court in whose district the person intends to stay or have

residence.



(2) to change the facts decisive for determining territorial jurisdiction

occurring after the initiation of the proceedings shall be disregarded.



(3) if the European protection order sent to the authority, which is not to advance

under this part and part 1, shall immediately communicate it to the competent

at the same time to the competent court and shall inform the competent authority of the assignment

another Member State, which has sent it to him. If the Court, which was

the European protection order referred to, doubts about his nationality,

progresses appropriately in accordance with § 24 of the code of criminal procedure.



§ 345



Procedure for the recognition of a European protection order and the adoption of follow-up

measures



(1) the procedure for the recognition of a European protection order and the adoption of follow-up

measures shall be initiated at the moment when the competent court was delivered

the European protection order issued by another Member State.



(2) are not complied with the conditions for the taking over of the European protection

command, a single judge terminates the proceedings and of its termination and the reasons for that

therefor, shall immediately inform the competent authority of another Member

the State Prosecutor, if it was already active, and the protected person.



(3) if in proceedings continue because of that is not the reason for the

non-recognition of a European protection order, a single judge of this fact

shall inform the competent authority of another Member State and requests

a statement whether the recognition of a European protection order lasts, in

time limit which provides for this purpose. Unless the competent authority

another Member State within the time limit, or unless the circumstances that

refute the reason for that is not in the proceedings continue, the single judge procedure

exits and its termination and the reasons that led to it, it shall immediately

shall inform the competent authority of another Member State, the public prosecutor,

If it was already active, and the protected person.



§ 346



The decision to recognise the European protection order and the adoption of follow-up

measures



(1) If a judge does not consider the European protection order sent to a different

Member State with a sufficient basis for a decision on the recognition and

the adoption of the follow-up measures, the competent authority of the Member

State to him within the time limit laid down in the necessary additional sent

information. If the customer does not send to another Member State, the additional information in the

the specified time limit, without substantial stated the reasons for which such

to do so, a judge terminates the proceedings and of its termination shall inform the competent

authority of another Member State, the State Prosecutor, if it was already

active, and the protected person. These consequences shall be the competent authority of

another Member State notified.



(2) as to whether the European protection order shall recognise or acknowledge, and about

the measures taken by a single judge shall decide without delay.



(3) the decision to recognise the European protection order and related

measures a single judge delivered without undue delay to the Prosecutor and

the protected person. If a judge has been recognised by the European protection order,

the decision delivers also threatening person. If the single judge did not acknowledge the European

protection order shall inform the protected person of the conditions under which

may apply for the taking of precautionary measures referred to in the criminal procedure code. About

the recognition of a European protection order and the measures taken, including

the consequences of their infringement, a judge without undue delay, inform the

the competent authority of another Member State; in the case of non-acceptance, it shall notify the

and the reasons for such a procedure.



(4) where a decision cannot be referred to in paragraph 3 to deliver threatening person from

because of its unknown residence and the place of residence shall fail to

not taking advantage of the cooperation provided by the competent authority of another

Member State, a single judge terminates the proceedings and of its termination, including

reason of such a procedure, it shall immediately inform the competent authority of the

another Member State, the public prosecutor and the protected person.



§ 347



The grounds for non-recognition of a European protection order



(1) the single judge does not recognise the European protection order issued in another Member

State, if



and) recognition of a European protection order and the adoption of follow-up measures should

contrary to the idem principle,



b) an offence for which he was a protection order that is described in the European protection

the command is issued, the characters do not populate the facts of the offence under

the law of the United States,



(c) threatening person) under the law of the United States or

international law on privileges and immunities, for which it is excluded from the jurisdiction of

bodies active in criminal proceedings,



(d) the person would not be threatening) under the law of the United States

due to their age, be held criminally responsible for the acts for which he was

issued a protection order that is described in the European protection order



e) criminal responsibility for the acts for which he was a protection order

as described in the European protection order issued, according to the rule of law

The United States and barred such a protection order was issued for

deed, whose prosecution is under the legal order of the Czech Republic in

the powers of the authorities of the Czech Republic,



f) prohibition or restriction imposed threatening person protection order

as described in the European protection order does not match the prohibition or restriction

referred to in § 341 of paragraph 1. 2, or




g) the prohibition or restriction imposed threatening person protection order

as described in the European protection order is part of a sentence or

the protective measures, the pursuit of which is subject to in the Czech Republic

Amnesty, and such prohibition or restrictions have been imposed for an offence of which the

the prosecution is under the law of the United States under the jurisdiction of bodies of the Czech

of the Republic.



(2) If a question arises as to whether or to what extent it is threatening

a person excluded from the powers of the bodies active in criminal proceedings, shall decide on the

the design of this person, a prosecutor or a judge of the highest

the Court.



(3) a judge may not recognise the European protection order, where the protective

It described the command issued to the deed had been committed wholly or partly on the

the territory of the United States or outside the territory of the United Kingdom on board a ship

or other vessels, aircraft or other vehicle, air traffic

the resource that are registered in the Czech Republic; in doing so, shall take into account

in particular, the circumstances of committing the deed.



(4) the single judge not to recognise the European protection order if it is

Obviously incomplete or not translated into Czech language or another language,

in which the European protection order can be declared by the United

States ^ 40) take. Before the decision on non-recognition of the single judge shall invite the

the competent authority of another Member State, to give him within the time limit laid down in

posted by accompanied by the text of the European protection order or its translation

to the appropriate language. At the same time it notifies you that if you fail to do so in the

the specified time limit, without substantial stated the reasons for which he

to do so, does not recognise the European protection order.



§ 348



The recognition and adoption of related measures



Unless the case referred to in § 345 of paragraph 1. 2 or 3 or in § 346 paragraph 1. 1

or in section 352 para. 1 the second sentence, or if there is no ground for non-recognition

the European protection order, the judge shall recognise the European protection order

on the territory of the Czech Republic and at the same time saves the threatening person follow-up

the measure, which is always that of the provisional measures referred to in section 88 c

the criminal procedure code, which by its very nature the most corresponds to the prohibition or restriction

stored within the protection command as described in the European protection order, and

No matter what stage of the criminal proceedings was a protection order in the

another Member State is issued. When you save a follow-up measures progresses

mutatis mutandis under section 88b to 88 m code of criminal procedure. Part of the resolution is also

lessons about the consequences of a violation of a follow-up measures.



§ 349



Complaint procedures



(1) the decision under section 347 paragraph. 1, 3 and 4 or § 348 is permissible

the complaint, which has a suspensory effect. Complaints cannot be challenged the reasons

for which the European protection order or a protection order in it

described issued in another Member State.



(2) the court adjudicating on the complaint, the contested decision cancels and exits

proceedings, if the Court finds a reason referred to in section paragraph 345. 2 or 3 or in § 352

paragraph. 1 the second sentence. If the Court finds a reason referred to in section paragraph 345. 3, first of

This fact shall inform the competent authority of another Member State and

a request for the statement whether the recognition of a European protection order

It takes, within a period to be fixed for this purpose. Terminates the proceedings in

the case that the competent authority of another Member State does not respond within the

period or does not the circumstances that refute the reason for that is not in the

the proceedings continue.



§ 350



Follow-up



(1) unless otherwise provided for in this Act, in the exercise of the up-sell

measures of the single judge shall proceed mutatis mutandis in accordance with the provisions of the code of criminal procedure

governing the performance of the provisional measures; the provisions of § 88n para. 1

the criminal procedure code is. If he violates threatening person follow-up measures,

It can only store a single judge fined.



(2) breach of the measures threatening the person followup single judge without

undue delay, notify the competent authority of another Member State.

The notice of violation follow-up measures shall be sent on the form

provided for by the law of the European Union governing the European

protection order ^ 41) translated into the official language or one of the

the official languages of that Member State or into a language in which this

State according to their Declaration) notification accepts the 40 ^ ^.



Section 351



Repeal and amendment of related measures adopted



(1) if the authority of another Member State, the protection order that is described in

the European protection order, a judge will decide whether follow-up measures

stored on the basis of the European protection order shall be amended as follows, saves

instead of the other, or whether to keep it in its original form. -Changed

protection order another obligation, than that is listed in § 341 of paragraph 1. 2,

a single judge decides to leave the connecting measure in its original form;

as it progresses, even if that reason is given for the non-recognition of the new

the European protection order under section 347 paragraph. 4 and the competent authority

another Member State without putting substantial reasons, does not comply with its

the invitation within the time limit. The decision of the single judge shall deliver to the

representatives, the protected person and threatening person. It is against this decision

admissible complaint which shall have suspensive effect. Complaints cannot be challenged

the reasons for which the European protection order or a protection order in the

It described issued in another Member State.



(2) the Judge shall inform the competent authority of another Member State to change

a follow-up measure imposed on the basis of recognised European protection

command or about his leaving in force, including the reasons,

for that not to change them. If the single judge shall keep in

the validity of the follow-up measures imposed on the basis of recognised European

a protective order, the competent authority of another Member

State, whether to continue its performance, or whether it has to cancel.



(3) a judge shall decide without undue delay on the abolition of the up-sell

the measure, if



and) the competent authority of another Member State shall inform the Court that does not insist on

Next up-sell performance measures imposed on the basis of the original

the European protection order,



b) the protected person has stopped on the territory of the United States or

here no longer has a residence,



(c)), the competent authority of another Member State shall inform the Court of the cancellation

the European protection order,



(d)) this is the case referred to in § 352 para. 2 the second sentence, or



(e)), the fact other occurs as a result, you cannot continue

up-sell performance measure imposed on the basis of recognised European

protection order.



(4) the cancellation of a follow-up measures pursuant to paragraph 3 and of the reasons for such

procedure single judge without undue delay inform the competent authority of the

of another Member State.



§ 352



Accumulation control



(1) if the United States sent a protection order that is described in

the European protection order for the purposes of the procedure referred to in title IV or IX and

a single judge of this fact before deciding on the recognition of

the European protection order and the adoption of follow-up measures pursuant to section 348,

postpone the decision until there is a final decision on the recognition and

the performance of protective order under Title IV or IX. If it has been in the management

in accordance with title IV or IX finally decided that the protection order

recognised and enforced, the single judge procedure for the recognition of a European protection order

and the adoption of follow-up and of this fact, including

indication of the reasons, shall inform the competent authority of another Member State,

the public prosecutor and the protected person. Otherwise, a single judge in the

the procedure continues.



(2) if the United States sent a protection order that is described in

the European protection order for the purposes of the procedure referred to in title IV or IX and

a single judge of this fact until after what has already been

decided that a European protection order recognises and stores the follow-up

the measures referred to in paragraph 348, continues in up-sell performance measures to

until it is finally decided on the recognition and enforcement of protection order

in accordance with title IV or IX. If the proceedings referred to in title IV or IX

Finally decided that the protection order is recognised and enforced by a single judge

shall decide on the revocation of a follow-up measures; in the opposite case, the

follow-up of the measures in force.



section 353



The cost of



The costs of proceedings for the recognition and acceptance of the European protection order

follow-up carries the Czech Republic.



Part 3



Ensure the protection of the protected person in another Member State



§ 354



Issue, amendment and cancellation of the European protection order



(1) the judicial authority which is competent to execute the protection order,

the protected person may, on request, issue a European protection order,

staying if the protected person or if he resides in the territory of another

a Member State or which wishes to keep in it or have a residence.

Judicial authority when considering whether to issue a European protection order,

in particular, take into account the length of time that the protected person intends to stay

or be resident in another Member State, and the extent of the threat. Before

the release of the European protection order, the judicial authority shall check that the protective

the command, which is to be issued, the stores one of the prohibitions or


limitations of the relevant prohibitions or restrictions referred to in § 341 of paragraph 1. 2.

When the judicial authority shall not issue a European protection order, decide whether to reject

the application of the protected person.



(2) the European protection order shall be issued on the form provided for by the legal

the EU regulation governing the European protection order ^ 42) and

contains the particulars shown therein.



(3) where in respect of a protective order against the same Member State in

account of the procedure referred to in title IV or title IX, the competent judicial authority shall preferably

proceed according to the provisions of these titles.



(4) the European protection order or a decision rejecting the application

of the protected person about his release judicial authority delivers to the protected person.

Against a decision to reject an application for the issue of a European protection

the protected person may lodge a complaint.



(5) If a protective order is changed or cancelled, judicial authority which

European protection order, it shall amend or

It revokes. The changed European protection order judicial authority delivers the

the competent authority of another Member State and shall inform the change also

the protected person. On appeal the European protection order judicial

authority shall inform the protected person and the competent authority of another Member

State.



§ 355



The sending of a European protection order to another Member State



(1) the judicial authority which issued the European protection order, it shall send the

the competent authority of another Member State in which the protected person

resides or is domiciled or in which it is intended to delay or have

residence, for the purpose of recognition and the adoption of follow-up measures.



(2) the European protection order shall be sent to the competent judicial authority of the authority

another Member State, translated into the official language or one of the

the official languages of that Member State, or in the language in which it

that Member State in accordance with its Declaration of ^ 40).



(3) at the request of the competent authority of another Member State shall provide the

judicial authority and the addition of the necessary supplementary information for the purpose of recognition

the European protection order and the adoption of follow-up measures.



section 356



The consequences of sending a European protection order to another Member

State



(1) the recognition of a European protection order by the authority of another Member State

and the adoption of follow-up measures shall not prevent the enforcement of protection order, the

the basis of the European protection order was issued.



(2) if the authority of a Member State which has recognised the European protection

command, and has taken follow-up actions, inform the judicial authority that

threatening a person violated this follow-up measures, the procedure is similar

as in the case that would be threatening the person has violated the conditions laid down

protection order on the territory of the Czech Republic, where the performance of the protective

command passed to one of the Member States.



(3) the judicial authority shall immediately inform the competent authority of another Member

the State of any decision, action or facts, in the

as a result, you cannot continue the performance measures taken by another Member

by the State on the basis of recognised European protection order.



PART SIX



TRANSITIONAL AND FINAL PROVISIONS



§ 357



Repeal, transitional and



(1) the assurance of reciprocity or guarantees reciprocity provided and received

According to the existing legislation before the date of entry into force of this

the law shall be construed as a guarantee, pursuant to section 4 of this Act.



(2) the term of Office of the persons appointed by the national member of Eurojust

and Deputy national member of Eurojust before the date of entry into force of this

the law will expire on the expiry of the period for which such persons were the

functions have been designated. Assistant to the national member of Eurojust appointed before

the effective date of this Act is named for a term that

ends in accordance with the terms of the national member.



(3) the length of the term of Office pursuant to section 26 of this Act for a judge who was

named to the list of judges who may sit on the joint supervisory

authority Eurojust as members or ad hoc judges, before the date of application

the effectiveness of this law, shall run from the date of entry into force of this

the law.



(4) until the Schengen information system will allow you to forward all

data corresponding to the aspects of the European arrest warrant referred to

in a specified form ^ 8), playing in the Schengen

information system for the purpose of arrest for extradition or surrender of the person

the same effects as the European arrest warrant only to the time of delivery

the original of the European arrest warrant in writing of the State in which the

is the person whose surrender is. It also applies, mutatis mutandis, for the transmission of

pursuant to title II of part five of the part 4 of this Act.



(5) the request of a foreign authority for legal aid the Inbox to the competent

judicial or central authority before the date of entry into force of this

the Act is not ended, pursuant to Act No. 141/1961 Coll., in the version in force until the date of

entry into force of this Act.



(6) the provisions of § 73 para. 1 of this Act shall not apply to the head of the

the joint investigation team set up by the agreement on the common

the investigative team concluded before the date of entry into force of this Act.



(7) the international arrest warrant issued by the Court pursuant to Act No. 141/1961

Coll., in the version in force until the date of entry into force of this Act,

considered a request to implement the measures required for the request of the person of the

foreign State pursuant to § 79 paragraph 2. 1 of this Act.



(8) the procedure for extradition to a foreign country and the procedure for the extension issue

initiated before the date of entry into force of this law shall be completed in accordance with

Act No. 141/1961 Coll., in the version in force until the date of entry into force of this

the law.



(9) concerning the request of the public prosecutor or the Court about taking over criminal

the management of a foreign State, drawn up before the date of entry into force of this Act

proceed under Act No. 141/1961 Coll., in the version in force until the date of

entry into force of this Act. The request of a foreign authority to takeover

the criminal proceedings to the competent public prosecutor's Office or the Inbox

The Supreme Public Prosecutor's Office before the date of entry into force of this

the Act is not ended, pursuant to Act No. 141/1961 Coll., in the version in force until the date of

entry into force of this Act.



(10) the procedure for recognition and enforcement of foreign decisions initiated prior to the

the effective date of this Act shall be completed pursuant to Act No. 141/1961

Coll., in the version in force until the date of entry into force of this Act, if already

There was an announcement of the decision on the application of the Ministry of Justice on the

recognition of a foreign decision. If the announcement of the decision yet

the Ministry of Justice has not taken its proposal and

proceed under this Act.



(11) the procedure for the application of a foreign State for transit operations through the territory of persons

The United States initiated prior to the effective date of this Act shall be

completed pursuant to Act No. 141/1961 Coll., in the version in force before the date of application

the effectiveness of this Act.



(12) a request or command an international court which were delivered to the authorities

The United States prior to the effective date of this Act, shall execute the

pursuant to Act No. 141/1961 Coll., in the version in force until the date of entry into force of

of this Act.



(13) the proceedings for the surrender of the person to another Member State on the basis of

the European arrest warrant initiated prior to the effective date of

This Act shall be completed pursuant to Act No. 141/1961 Coll., in the version in force

to the effective date of this Act.



(14) the provisions of this Act shall be used in the proceedings referred to in paragraph

13, if the effective date of this Act has not been published

the decision on the handover and the Prosecutor filed a court motion to dismiss

forward a reason referred to in section 411 paragraph. 6 (a). e) of Act No. 141/1961

Coll., in the version in force until the date of entry into force of this Act; in such a

If the public prosecutor will take its proposal and proceed according to the

of this Act. The statement of the person whose surrender goes, that refuses to

subject to the exercise of unconditional imprisonment or protective

measures taken in a foreign State, prior to the withdrawal of the proposal shall be disregarded.



(15) the provisions of this Act shall be used in the proceedings referred to in paragraph

13, if the effective date of this Act was not in abbreviated

delivery management opened a surrender decision; in this case,

the public prosecutor will take its proposal to the decision to pass back and forth

proceed under this Act. The statement of the person that agrees to its

transfer to the requesting State, made before the withdrawal of the proposal

not taken into account.



(16) as regards the order freezing property or evidence

issued by a judicial authority of another Member State, which has been delivered

the competent judicial authority before the date of entry into force of this Act,

proceed under Act No. 141/1961 Coll., in the version in force until the date of

entry into force of this Act.



(17) the proceedings for recognition and enforcement in another Member State

monetary penalty or monetary fine and the procedure for recognition and enforcement of decisions

another Member State on the forfeiture or the prevents the assets, goods or


other assets, initiated before the effective date of this

Act shall be completed pursuant to Act No. 141/1961 Coll., in the version in force until the date of

entry into force of this Act.



(18) Regulation No. 258/2006 Coll., laying down the model of the European

the arrest warrant and the model of the issue in order to ensure

property or means of proof, is hereby repealed.



PART SEVEN



The EFFECTIVENESS of the



§ 358



This Act shall take effect on 1 January 2000. January 2014.



Němcová in r.



Zeman in r.



Nečas in r.



1) Council framework decision 2009/948/JHA of 30 November 2005. November 2009 on the

the prevention of conflicts of jurisdiction in criminal proceedings

and their solutions.



Council framework decision 2009/829/JHA of 23 July. October 2009 on the

the application of the principle of mutual recognition to decisions on measures

supervision as alternatives to reinsurance links between Member States

Of the European Union.



Council framework decision 2009/299/JHA of 26 May 1997. February 2009

amending framework decision 2002/584/JHA, 2005/214/JHA, 2006/783/JHA,

2008/909/JHA and 2008/947/JHA, and which reinforce the procedural rights of persons and

supports the application of the principle of mutual recognition of decisions on the

judgments in the court hearing, which the person concerned

did not attend in person.



Council decision 2009/426/JHA of 16 June. December 2008 on the strengthening

Of Eurojust and amending Decision 2002/187/JHA setting up a European unit

for judicial cooperation (Eurojust) with a view to reinforcing the fight against serious

crime.



Council framework decision 2008/977/JHA of 27 November 2003. November 2008 on

the protection of personal data processed in the framework of police and judicial

cooperation in criminal matters. Council decision 2008/976/JHA of 16 June.

December 2008 on the European judicial network.



Council framework decision 2008/947/JHA of 27 November 2003. November 2008 on

the application of the principle of mutual recognition to judgments and decisions on

for the purpose of probation supervision of probation measures and alternative

the punishments.



Council framework decision 2008/909/JHA of 27 November 2003. November 2008 on

the application of the principle of mutual recognition of judgments in criminal matters,

imposing custodial sentences or measures involving deprivation

personal freedom, for the purpose of their enforcement in the European Union.



Council framework decision 2006/960/JHA of 18 June 2003. December 2006 on the

facilitate the exchange of operational and other information between law enforcement

authorities of the Member States of the European Union.



Council framework decision 2006/783/JHA of 6 December 2001. October 2006 on the application of

the principle of mutual recognition to confiscation orders.



Council framework decision 2005/214/JHA of 24 February 2005 February 2005 on

the application of the principle of mutual recognition to financial penalties.



Council framework decision 2005/212/JHA of 24 February 2005 February 2005 on confiscation of

income and assets from crime and instrumentalities.



Council decision 2005/211/JHA of 24 February 2005 February 2005 concerning the introduction of some

new functions for the Schengen information system, including in the fight against

terrorism.



Council framework decision 2003/577/JHA of 22 July 2003. July 2003 on the execution of

orders freezing property or evidence in the European Union.



Council framework decision 2002/584/JHA of 13 June 2002 on June 2002 on the European

the arrest warrant and the surrender procedures between Member States.



Council framework decision 2002/465/JHA of 13 June 2002 on June 2002 on the

joint investigation teams.



Council decision 2002/187/JHA of 28 February 2002. February 2002 on the establishment of the European

judicial cooperation unit (Eurojust), in order to strengthen the fight against

serious crime.



Directive of the European Parliament and of the Council of 2011/99/EU of 13 July. December

2011 the European protection order.



2) Council decision 2002/187/JHA of 28 February 2002. February 2002 establishing

The European Union's judicial cooperation unit (Eurojust), in order to strengthen the

the fight against serious crime.



3) Council decision 2008/976/JHA of 16 June. December 2008 on the European

judicial network.



4) Article. 16B the Council decision 2009/426/JHA of 16 June. December 2008 on the

the strengthening of Eurojust and amending Decision 2002/187/JHA establishing a European

judicial cooperation unit (Eurojust), in order to strengthen the fight against

serious crime.



5) Article. 5A Council decision 2009/426/JHA of 16 June. December 2008 on the

the strengthening of Eurojust and amending Decision 2002/187/JHA establishing a European

judicial cooperation unit (Eurojust), in order to strengthen the fight against

serious crime.



6) annex of Council framework decision 2002/584/JHA of 13 June 2002 on June

2002 on the European arrest warrant and the surrender procedures between Member

States, as amended by Council framework decision 2009/299/JHA of 26 May 1997. February

2009.



7) Council framework decision 2002/465/JHA of 13 June 2002 on June 2002 on the

joint investigation teams.



8) Council framework decision 2002/584/JHA of 13 June 2002 on June 2002 on the

the European arrest warrant and the surrender procedures between Member States,

in the text of the Council framework decision 2009/299/JHA of 26 May 1997. February 11, 2009.



9) Council framework decision 2008/909/JHA of 27 November 2003. November 2008 on

the application of the principle of mutual recognition of judgments in criminal matters,

imposing custodial sentences or measures involving deprivation

personal freedom, for the purpose of their enforcement in the European Union.



10) annex to the agreement of 28 May 1999. 2006 between the European Union and the

Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member

States of the European Union and Iceland and Norway.



11) article 3 (2). 3 of the agreement of 28 May 1999. 2006 between the European Union and

The Republic of Iceland and the Kingdom of Norway on the surrender procedure between the

the Member States of the European Union and Iceland and Norway.



12) article 6 paragraph 2. 2 of the agreement of 28 May 1999. 2006 between the European Union and

The Republic of Iceland and the Kingdom of Norway on the surrender procedure between the

the Member States of the European Union and Iceland and Norway.



13) Council framework decision 2003/577/JHA of 22 July 2003. July 2003 on the

execution of orders freezing property or evidence in the European

the Union.



14) annex of Council framework decision 2003/577/JHA of 22 July 2003. July

2003 on the execution of orders freezing property or evidence in the

Of the European Union.



15) article 9 paragraph 2. 3 of Council framework decision 2003/577/JHA of 22 July 2003.

July 2003 on the execution of orders freezing property or evidence

resources in the European Union.



16) Council framework decision 2009/829/JHA of 23 July. October 2009 on the

the application of the principle of mutual recognition to decisions on measures

supervision as alternatives to reinsurance links between Member States

Of the European Union.



17) Annex I to Council framework decision 2009/829/JHA of 23 July. October

2009 on the application of the principle of mutual recognition to decisions on

supervision measures as alternatives to reinsurance links between Member

States of the European Union.



18) article 24 of Council framework decision 2009/829/JHA of 23 July. October

2009 on the application of the principle of mutual recognition to decisions on

supervision measures as alternatives to reinsurance links between Member

States of the European Union.



19) annex II to the Council framework decision 2009/829/JHA of 23 July. October

2009 on the application of the principle of mutual recognition to decisions on

supervision measures as alternatives to reinsurance links between Member

States of the European Union.



Article 8, paragraph 20). 2 Council framework decision 2009/829/JHA of 23 July.

October, 2009 on the application of the principle of mutual recognition to decisions on

supervision measures as alternatives to reinsurance links between Member

States of the European Union.



21) Council framework decision 2009/948/JHA of 30 November 2005. November 2009 on the

the prevention of conflicts of jurisdiction in criminal proceedings

and their solutions.



22) Council framework decision 2005/214/JHA of 24 February 2005 February 2005 on

the application of the principle of mutual recognition to financial penalties.



23) annex of Council framework decision 2005/214/JHA of 24 February 2005 February

2005 on the application of the principle of mutual recognition of financial penalties

the fines.



24) article 16 paragraph 1. 1 of the Council framework decision 2005/214/JHA of 24 February 2005

February 2005 on the application of the principle of mutual recognition of financial penalties

the fines.



25) articles 2 and 3 of Council framework decision 2005/212/JHA of 24 February 2005

February 2005 on confiscation of the proceeds and assets from criminal activities and tools

crime.



26) Council framework decision 2006/783/JHA of 6 December 2001. October 2006 on the

the application of the principle of mutual recognition to confiscation orders.



27) annex of Council framework decision 2006/783/JHA of 6 December 2001. October 2006

on the application of the principle of mutual recognition to confiscation orders.



28) article 19 para. 2 Council framework decision 2006/783/JHA of 6 December 2001.

October 2006 on the application of the principle of mutual recognition of orders to

the confiscation.



29) Council framework decision 2008/909/JHA of 27 November 2003. November 2008 on

the application of the principle of mutual recognition of judgments in criminal matters,

imposing custodial sentences or measures involving deprivation

personal freedom, for the purpose of their enforcement in the European Union.



30) annex II to the Council framework decision 2008/909/JHA of 27 November 2003.

November 2008 on the application of the principle of mutual recognition of judgments in

criminal matters, which impose custodial sentences or measures


associated with deprivation of liberty for the purpose of their enforcement in the European

the Union.



31) Annex I to Council framework decision 2008/909/JHA of 27 November 2003.

November 2008 on the application of the principle of mutual recognition of judgments in

criminal matters, which impose custodial sentences or measures

associated with deprivation of liberty for the purpose of their enforcement in the European

the Union.



32) Article 23 para. 1 Council framework decision 2008/909/JHA of 27 November 2003.

November 2008 on the application of the principle of mutual recognition of judgments in

criminal matters, which impose custodial sentences or measures

associated with deprivation of liberty for the purpose of their enforcement in the European

the Union.



33) Council framework decision 2008/947/JHA of 27 November 2003. November 2008 on

the application of the principle of mutual recognition to judgments and decisions on

for the purpose of probation supervision of probation measures and alternative

the punishments.



34) Annex I to Council framework decision 2008/947/JHA of 27 November 2003.

November 2008 on the application of the principle of mutual recognition to judgments and

the probation decision with a view to the supervision of probation measures and

alternative sanctions.



35) article 21 of Council framework decision 2008/947/JHA of 27 November 2003.

November 2008 on the application of the principle of mutual recognition to judgments and

the probation decision with a view to the supervision of probation measures and

alternative sanctions.



36) annex II of Council framework decision 2008/947/JHA of 27 November 2003.

November 2008 on the application of the principle of mutual recognition to judgments and

the probation decision with a view to the supervision of probation measures and

alternative sanctions.



37) article 4, paragraph 2 2 Council framework decision 2008/947/JHA of 27 November 2003.

November 2008 on the application of the principle of mutual recognition to judgments and

the probation decision with a view to the supervision of probation measures and

alternative sanctions.



Article 14 paragraph 38). 3 of Council framework decision 2008/947/JHA of 27 November 2003.

November 2008 on the application of the principle of mutual recognition to judgments and

the probation decision with a view to the supervision of probation measures and

alternative sanctions.



39) directive of the European Parliament and of the Council of 2011/99/EU of 13 July.

December 2011 on the European protection order.



40) article 17 paragraph 2. 3 of the directive of the European Parliament and of the Council of 2011/99/EU

of 13 October. December 2011 on the European protection order.



42) Annex I to the directive of the European Parliament and of the Council of the day 2011//99/EU

December 13, 2011 on the European protection order.