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.