Fiches Belges

Yes, it is possible. A house or other premises may be searched if there is a reason to believe that there is a person or item important for criminal proceedings inside such premises. For further information see point Legal Info.

Directive 2014/41/EU regarding the European Investigation Order in criminal matters was implemented in the Czech law and the EIO became effective as of 16 August 2018. It is applicable in relation to the Member States, which have also implemented the EIO Directive. For the countries, which have not implemented the EIO Directive so far, the following legal framework is applicable: • European Convention on Mutual Assistance in Criminal Matters (Strasbourg, 1959) with Protocols • Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 2000) with Protocol.

* receive the request/decision for judicial cooperation In case there is pre-trial proceeding being conducted in a foreign state, the Supreme Public Prosecutor’s Office will be competent to accept a request of the foreign authority for legal assistance; otherwise the Ministry will be competent. If an international treaty allows for a direct contact between judicial authorities in the course of realization of legal assistance or in the case of the EIO, the competence to receive the request of the foreign authority for legal assistance will pertain to the judicial authority: - in case there is pre-trial proceeding being conducted in a foreign state, the competence to execute it will pertain to the Regional Public Prosecutor’s Office and - otherwise to the Regional Court, in the jurisdiction of which is the requested action of legal assistance to be performed. * execute/recognise the measure (if other than the receiving authority)

EIO – Czech and Slovak. When proceeding according to COE 1959 Convention on Mutual Legal Assistance in Criminal Matters and its additional Protocols and the EU 2000 Convention on Mutual Legal Assistance in Criminal Matters, translation of requests into Czech language in not required on the condition of reciprocity.

The EIO – deadline stipulated by the EIO Directive are implemented.

A house or other premises may be searched if there is a reason to believe that there is a person or item important for criminal proceedings inside such premises. House search may be performed only with an order issued by the presiding judge (in trial proceedings) or judge upon a petition of the public prosecutor (in pre-trial proceedings). In urgent cases the search may be ordered by a presiding judge or a judge of the court, in the jurisdiction of which the search is to be performed. The search itself is performed by the Police upon the order of the presiding judge or judge. As far as search of other premises and parcels is concerned, it is generally governed by the same rules as house search, however in this case the search may also be performed by the Police in urgent cases without the order of the presiding judge or judge, if it is not possible to secure the order in advance and the search cannot be delayed. However, the Police must request approval of the search by the competent authority immediately thereafter, in pre-trial proceedings through the public prosecutor. If such subsequent approval is not granted, the results of the search may not be used as evidence. The court order is also not required If the person using the premises or parcels consents with the search, in such case the Police will merely notify the presiding judge (in trial proceedings) or public prosecutor (in pre-trial proceedings). Legal assistance may be provided to a foreign authority only in relation to an act, which would be criminal also under the law of the Czech Republic.