Fiches Belges

Recognition and Execution of Decisions of other Member State Imposing Financial Penalty or other Financial Obligation - This procedure will apply in the course of recognition and execution of final and effective decisions of another Member State, by which a) was imposed a financial penalty or fine, b) was decided on compensation of a victim of crime, c) was imposed an obligation to the person, against whom such decision is directed, to reimburse the costs of proceedings in which the person was sentenced for a criminal offense or penalized for another wrong, for the benefit of the state, or d) the person, against whom such decision is directed, was imposed an obligation to pay a financial sum to a public fund or for the benefit of an organization supporting victims,

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.

* receive the request/decision for judicial cooperation Czech Republic is the executing State : the locally competent district courts (including Brno Municipal Court). Regional courts as the courts deciding on the legal remedies. The bodies responsible for receiving a decision together with a certificate from other Member State are the locally competent district courts (including the Brno Municipal Court). * execute/recognise the measure (if other than the receiving authority) Please see information above (receiving authority).

Czech (SLOVAK in relation with the SLOVAK REPUBLIC)

The sole judge will decide whether the decision of the other Member State will be recognized and executed, or whether it will not be recognized, without an undue delay; before making the decision he will request a written opinion of the public prosecutor.

a. Special requirements If the request is made for the recognition and enforcement of decision imposing on the convicted person the obligation to pay a sum of money in respect of the costs of court or administrative proceedings leading to the decision (article 1 (b) (iii) of the FD), and if the relevant decision contains only a statement on imposing an obligation to pay a sum of money of the person, and the specific amount of the costs is subsequently quantify in a separate decision, it is necessary to attach both decisions to the certificate. For offences other than those covered by Article 1 paragraph 1 of the FD, the recognition and execution of a decision is subject to the condition that the decision is related to conduct which would constitute an offence under the law of the Czech Republic. b. Other useful information Sharing Finances with other Member States - The Czech Republic may agree with the other Member State to share the finances acquired by execution of the recognized decision of this Member State. The Ministry of Finance will be competent to negotiate this agreement. Grounds for non-recognition of decisions correspond to those listed in the FD 2005/214/SVV a) recognition and execution of such decision would be contrary to and impediment of res judicata, b) the act does not fulfill the characteristics of a criminal offense according to the law of the Czech Republic, unless a conduct referred to in Section 265 is concerned; in case of criminal offenses related to in case of taxes, customs fees or currency, a decision not to surrender may not be made solely on the grounds that legal regulations of the Czech Republic do not impose the same type of taxes, customs fees or do not contain the same provisions concerning taxes, customs fees or currency, as legal regulations of the Member State in question, c) the person, against whom the decision of the other Member State is directed, enjoys privileges and immunities according to the law of the Czech Republic or according to international law, which make him exempt from jurisdiction of the authorities involved in criminal proceedings, d) the person, against whom the decision of the other Member State is directed, would not have been criminally liable according to the law of the Czech Republic due to his age, e) such decision was issued in proceedings conducted in absence of the person, against whom it is directed, unless further stipulated otherwise, f) the imposed financial penalty or obligation is lower than 70 EUR; a sum stated in another currency will be calculated from the foreign currency to euro according to the foreign exchange rate published by the Czech National Bank on the day this decision was issued, or g) the claim for performance or execution of the penalty imposed by such decision is statute-barred according to the law of the Czech Republic and this decision was issued for an act, prosecution of which lies within the competence of authorities of the Czech Republic according to the law of the Czech Republic.