Act No. 104 / 2013 Coll.

Law on international judicial cooperation in criminal matters

Valid Law Effective from 01.01.2014
Text versions: 01.01.2026 01.01.2025 01.01.2024 01.01.2023 01.02.2022 All versions (17)
Contents
ČÁST PRVNÍ § 1 § 2 § 3 § 4 § 5 § 6 § 7 § 7a § 8 § 9 § 10 § 11 § 11a § 11b § 12 § 13 § 14 ČÁST DRUHÁ HLAVA I Díl 1 § 15 § 16 § 17 § 18 § 19 Díl 2 § 20 HLAVA II § 21 § 22 § 23 § 24 § 25 § 27 § 29 § 33 HLAVA III § 34 HLAVA IV § 35 HLAVA V § 36 § 37 § 38 ČÁST TŘETÍ HLAVA I Díl 1 § 39 § 40 § 41 § 42 § 43 § 44 § 45 § 46 Díl 2 § 47 § 48 § 48a § 49 § 50 § 51 § 52 § 53 § 54 § 55 § 56 Díl 3 § 57 § 58 § 59 § 60 § 61 § 62 § 63 § 64 § 65 § 65a § 65b § 65c § 66 § 66a § 67 § 68 § 69 § 70 § 71 § 72 § 73 § 74 § 75 § 76 § 77 HLAVA II Díl 1 § 78 § 79 § 80 § 81 § 82 § 83 § 84 § 85 § 86 Díl 2 § 87 § 88 § 89 § 90 § 91 § 92 § 93 § 94 § 95 § 96 § 97 § 98 § 99 § 100 § 101 § 102 § 103 § 104 HLAVA III Díl 1 § 105 § 106 § 107 § 108 § 109 § 110 § 111 Díl 2 § 112 § 113 § 114 § 115 § 116 § 117 HLAVA IV Díl 1 Oddíl 1 § 118 § 119 § 120 Oddíl 2 § 121 § 122 § 123 § 124 § 125 § 126 § 127 § 128 Oddíl 3 § 129 § 130 § 131 § 132 § 133 § 134 § 134a § 134b § 135 Díl 2 § 136 § 137 § 137a § 138 § 139 § 140 HLAVA V Díl 1 § 141 Díl 2 § 142 § 143 § 144 ČÁST ČTVRTÁ HLAVA I § 145 § 146 § 147 § 148 § 149 § 150 § 151 § 152 § 153 § 154 HLAVA II § 155 § 156 § 157 § 158 § 159 § 160 § 161 § 162 § 163 HLAVA III § 164 § 165 § 166 § 167 § 168 § 169 § 170 HLAVA IV § 171 § 172 § 173 § 174 § 175 § 176 § 177 § 178 § 179 § 180 HLAVA V § 181 § 182 § 183 HLAVA VI § 184 ČÁST PÁTÁ HLAVA I § 185 § 186 § 187 § 188 HLAVA II Díl 1 § 189 § 190 § 191 Díl 2 § 192 § 193 § 194 § 195 § 196 § 197 § 198 § 199 § 200 § 201 Díl 3 § 202 § 203 § 204 § 205 § 206 § 207 § 208 § 209 § 210 § 211 § 212 § 213 § 214 § 215 § 216 § 217 § 218 § 219 § 220 § 221 Díl 4 § 222 § 223 § 224 § 225 Díl 5 § 225a HLAVA III Díl 1 Oddíl 1 § 226 § 227 § 228 Oddíl 2 § 229 § 230 § 231 Oddíl 3 § 232 § 233 § 234 § 235 § 236 Oddíl 4 § 237 § 238 Díl 2 Oddíl 1 § 238a § 238b Oddíl 2 § 238c § 238d Oddíl 3 § 238e § 238f § 238g § 238h § 238i § 238j § 238k Oddíl 4 § 238l § 238m HLAVA IV Díl 1 § 239 § 240 § 241 § 242 § 243 § 244 § 245 § 246 § 247 § 248 § 249 § 250 Díl 2 § 251 § 252 § 253 § 254 § 255 Díl 3 § 256 HLAVA V § 257 § 258 § 259 § 260 HLAVA VI Díl 1 § 261 § 262 § 263 § 264 § 265 § 266 § 267 § 268 § 269 § 270 § 271 § 272 Díl 2 § 273 § 274 § 275 § 276 § 277 HLAVA VII Díl 1 Oddíl 1 § 278 § 279 § 280 § 281 § 282 § 283 § 284 § 285 § 286 § 287 § 288 § 289 § 290 § 291 Oddíl 2 § 292 § 293 § 294 § 295 § 295a Oddíl 3 § 296 § 297 Díl 2 Oddíl 1 § 297a § 297b Oddíl 2 § 297c § 297d § 297e § 297f § 297g § 297h § 297i Oddíl 3 § 297j § 297k Oddíl 4 § 297l § 297m § 297n HLAVA VIII Díl 1 § 298 § 299 § 300 § 301 § 302 § 303 § 304 § 305 § 306 § 307 § 308 § 309 § 310 § 311 § 312 § 313 Díl 2 § 314 § 315 § 316 § 317 § 318 § 319 § 320 Díl 3 § 321 § 322 HLAVA IX Díl 1 § 323 § 324 § 325 § 326 § 327 § 328 § 329 § 330 § 331 § 332 § 333 § 334 § 335 Díl 2 § 336 § 337 § 338 § 339 HLAVA X Díl 1 § 340 § 341 § 342 Díl 2 § 343 § 344 § 345 § 346 § 347 § 348 § 349 § 350 § 351 § 352 § 353 Díl 3 § 354 § 355 § 356 HLAVA XI Díl 1 § 357 § 358 § 359 Díl 2 § 360 § 361 § 362 § 363 § 364 § 365 § 366 § 367 § 368 § 369 § 370 § 371 § 372 § 373 Díl 3 § 374 § 375 § 375a § 376 § 377 § 378 § 379 § 380 Díl 4 § 381 § 382 § 383 § 384 § 385 § 386 § 387 § 388 § 389 § 390 § 391 § 392 § 393 § 394 § 395 ČÁST ŠESTÁ § 396 ČÁST SEDMÁ § 397
104
THE LAW
of 20 March 2013
concerning international judicial cooperation in criminal matters
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS
§ 1
Subject matter
This law regulates the procedures of judicial, central and other bodies in the field of international judicial cooperation in criminal matters (hereinafter referred to as "international judicial cooperation ') and the position of certain bodies active in this field, incorporating the relevant European Unionprovisions (1), and also building on the directly applicable European Union53).
§ 2
Definition of terms
For the purposes of this Act:
(a) by a judicial authority, a court, a public prosecutor or a European authorised applicant, a European applicant or a European Chief Prosecutor, within the scope of their competence, provided for in Council Regulation (EU) 2017 / 1939 implementing enhanced cooperation with a view to the establishment of an Office for European Public Prosecutor;
(b) by a central authority of the Ministry of Justice (hereinafter referred to as "the Ministry") and the Supreme Prosecutor,
(c) by a foreign judicial or other authority of a foreign State which is competent for international judicial cooperation under an international agreement or legal order of a foreign State;
(d) by an international treaty declared by Parliament for ratification and binding by the Czech Republic, as well as by an international treaty between the European Union and one or more foreign States, as published in the Official Journal of the European Union, approved by the European Parliament for the conclusion of which the Czech Republic is bound,
(e) requests for international judicial cooperation and other initiatives for international judicial cooperation;
(f) guarantee of reciprocity
1. Assurance by the Minister of Justice to comply with a similar request from a foreign State in similar circumstances,
2. an assurance by the competent foreign authority that a similar request from the Czech Republic under similar circumstances will be granted, or
3. a statement by the Minister for Justice on reciprocity by a foreign state.
§ 3
(1) The Code of Criminal Procedure shall apply unless otherwise provided for in this law or provided for in any question.
(2) This law shall be applied unless the international treaty provides otherwise.
§ 4
Mutual guarantee
(1) If international judicial cooperation between the Czech Republic and a foreign State is not regulated by an international treaty, the judicial authority shall only comply with the request for international judicial cooperation by the foreign authority if the foreign State provides assurances of reciprocity accepted by the Minister of Justice or if the foreign State has previously accepted a mutual assurance from the Czech Republic in a similar case. The Ministry shall ensure that guarantees of reciprocity are requested from a foreign State.
(2) Where a foreign State makes the application for international judicial cooperation subject to mutual assurance, it shall be provided by the Minister of Justice, having regard to all relevant facts; in the preparatory procedure, this is done on a proposal from the Supreme Prosecutor's Office.
(3) The Minister of Justice may accept or provide a reciprocity assurance only after the expression of the Ministry of Foreign Affairs and, where such assurance also concerns the type of international judicial cooperation for which he is the central authority of the Supreme Prosecutor's Office, in agreement with the Supreme Prosecutor's Office.
(4) The Minister of Justice may consent to the delivery of documents to the addressees in the Czech Republic by the foreign authorities directly through the postal service operator only if the foreign authority guarantees reciprocity, following the statement of the Ministry of Foreign Affairs and in agreement with the Supreme Prosecutor's Office. On the basis of such a statement and agreement, the Minister of Justice shall issue a declaration of reciprocity indicating the extent of the consent and the conditions under which it was granted, in particular that the documents received must not contain a threat of coercion.
(5) If, in a similar case, a guarantee of reciprocity has previously been accepted by a foreign State and there is no doubt that it will be complied with, no further guarantee of reciprocity is necessary.
(6) For the procedures referred to in Part Five, paragraphs 1 to 5 shall not be used unless otherwise provided for in this law.
§ 5
Protection of the interests of the Czech Republic
(1) International judicial cooperation cannot be granted to a foreign authority if this would be contrary to the constitutional order of the Czech Republic or to such a principle of the rule of law of the Czech Republic, which must be applied without reservation.
(2) International judicial cooperation may not be provided if this could harm other significant protected interests of the Czech Republic; This does not apply to procedures under Part Five.
§ 6
Provision of information
(1) Paragraph 8a to 8d of the Code of Criminal Procedure shall apply mutatis mutandis to the provision of information by judicial, central or other authorities on international judicial cooperation procedures.
(2) The authority of the Czech Republic shall not, without the express consent of the foreign authority, provide information obtained in the framework of international judicial cooperation if it is bound by an international treaty or obtained subject to compliance with this restriction.
§ 7
Speciality principle
(1) The authority of the Czech Republic shall not, without the express agreement of the foreign authority, use information or evidence obtained in the context of international judicial cooperation for purposes other than those for which it was provided, provided that it is bound by an international treaty, or has been obtained subject to compliance with this restriction. This also applies to their provision to a third State or international organisation.
(2) The use of information or evidence provided to a foreign State for a purpose other than that for which it was provided requires the express consent of the judicial or central authority which provided it. This must be brought to the attention of the foreign authority when they are provided.
§ 7a
Jurisdiction
In proceedings before the Regional Court as a court of first instance, the Chamber shall decide.
§ 8
Forms of contact with the foreign authorities
(1) The judicial authorities meet with the foreign authorities through the central authorities; they can meet directly if the international treaty or this law so permits.
(2) The central authorities meet with the foreign authorities through diplomatic channels; otherwise they may meet if the international treaty or this law so permits.
(3) Relations with the foreign authorities are generally in writing.
(4) Where the judicial authority or central authority requests international judicial cooperation in a foreign State by telephone, fax, electronic means, by means of international police cooperation, personally or otherwise, it shall subsequently forward the original application to the foreign authority in paper form; This does not apply if the request has been sent in writing in a way that allows it to be reliable or if the foreign authority expressly indicates that it does not require the original application to be sent. In case of doubt as to the reliability of the application or for any other important reason, the judicial authority or central authority shall, at the request of the foreign authority, send the application in another requested manner.
(5) If there are no doubts as to the reliability of the application, the judicial authority or the central authority may initiate the implementation of an international judicial cooperation operation at the request of the foreign authority made by telephone, fax, electronically, through international police cooperation, by a representative of the foreign authority or by any other means. If the judicial authority or central authority has doubts as to the reliability of the application or if it considers it necessary for any other important reason, it shall require the foreign authority to receive the request in an additional manner and within the time limit set by it.
(6) Through international police cooperation, judicial or central authorities with foreign authorities may also exchange information relating to the handling of requests for international judicial cooperation, including information on the time and other details of the transfer, acceptance and transit of persons and goods.
§ 9
(1) The judicial authority shall carry out or ensure the execution of international judicial cooperation without undue delay. Where additional information is needed for the purposes of their implementation, the foreign authority shall immediately request it or take other appropriate measures to detect it.
(2) The authorities of the Czech Republic, whose decisions may affect the length of the link under this Act, do so with the greatest speed; the fact that their decision-making may affect the length of the binding under this law shall be brought to the attention of the Ministry or the judicial authority.
(3) The transfer of personal data to a foreign State under this Act shall not require the authorisation of the Office for the Protection of Personal Data under the Privacy Act.
§ 10
Recruitment and transfer of persons and goods
(1) A person transferred in the framework of international judicial cooperation to the Czech Republic from a foreign state will be taken over by the foreign authority of the Police of the Czech Republic and transferred to the detention facility or the nearest detention centre, unless otherwise provided for in this law. The competent court and the prosecutors who supervise the detention of such a person in such a facility or prison shall inform the prison or facility without delay of the location of such person and, if the person is placed in a prison or facility at the preparatory stage of the criminal proceedings, the prosecutor who oversees the maintenance of legality in the preparatory proceedings. In the context of the taking over of this person, matters belonging to that person and items, including documents relating to the action of international judicial cooperation for which the person is taken shall also be taken over from the foreign authority, where possible; otherwise proceed in accordance with paragraph 3.
(2) The person transferred to a foreign state will be taken over by the Police of the Czech Republic from the prison or facility for the execution of the protection measure and handed over to the foreign authority. In connection with the transfer of this person, the Police of the Czech Republic shall transmit to the foreign authority, as well as items belonging to that person and items, including documents relating to the act of international judicial cooperation for which the person is transferred.
(3) The police of the Czech Republic shall transmit or take over a case relating to the operation of international judicial cooperation, unless it is possible or appropriate to send it through a postal service operator or otherwise. The police of the Czech Republic shall ensure the transit of the goods through the territory of the Czech Republic, including its takeover and transfer to the foreign authority.
(4) Where a person to whom a detention order has been issued by a court, an arrest order or an order for delivery to the execution of a sentence has been extradited or otherwise transferred from a foreign State under the law of that State, or in respect of which an action has been taken by the court to supply him or her with a protective measure relating to the removal of his or her liberty, and the foreign State is willing to transfer that person to the Czech Republic without having decided to issue it, the taking of such a person shall be treated accordingly under Paragraph 83 (1), or the Police of the Czech Republic may reimburse the costs associated with the transfer of such a person to the Czech Republic, if the authorities of that foreign State have made a trial, but the transfer of such person has prevented the circumstances from being prejudiced by the circumstances of that foreign State of impair. For this purpose, the judicial or central authority may provide the authorities of a foreign State with the necessary information, including personal data and translation of documents.
(5) A person who, under this law, is transferred to a foreign State or who is taken over from a foreign State may not be accompanied by a travel document for the purposes of crossing a national border.
§ 11
Costs of international judicial cooperation
(1) The costs incurred by the authorities of the Czech Republic in carrying out international judicial cooperation operations are borne by the Czech Republic.
(2) Where an international agreement allows the reimbursement of the costs referred to in paragraph 1 or part thereof by a foreign State, or where it is in a reciprocal relationship between the Czech Republic and a foreign State in the context of international judicial cooperation, the usual judicial authority which has dealt with a request from a foreign authority for international judicial cooperation, or, if it is not an entity, the entity under which it belongs, requests the foreign State to pay the costs incurred, except where it considers that their reimbursement is impractical or for other reasons inappropriate.
(3) Costs incurred by a foreign State following a request from a judicial authority for international judicial cooperation, the reimbursement of which has been claimed by a foreign State in accordance with an international agreement or without such an international agreement, if this is usual in relations between the Czech Republic and a foreign State in the framework of international judicial cooperation, shall be reimbursed by the Czech Republic. The Czech Republic will pay the costs incurred by a foreign State in the transit of a person or a thing from another State to the Czech Republic at the request of the judicial authority whose reimbursement is requested by that State. The cost reimbursement shall be made by the judicial authority that has applied for international judicial cooperation or, if it is not an entity, by the entity under which it falls.
(4) The provisions of paragraphs 1 to 3 shall be without prejudice to the power to request reimbursement of the costs of the sentenced person; in that case, the management of the payment of costs shall be carried out in accordance with the tax rules. These costs shall be recovered by the customs office.
Property sharing
§ 11a
(1) The Czech Republic may conclude an asset-sharing agreement with a foreign State which has been obtained through the execution of a criminal penalty imposed in criminal proceedings conducted in the Czech Republic, provided that reciprocity is guaranteed and that the State with which the agreement is negotiated has provided the Czech Republic with significant judicial cooperation for the criminal proceedings in question, which has contributed to the achievement of its purpose.
(2) If the property has been obtained by the execution of a penalty which is property criminal penalties under the Law on the use of funds from property criminal sanctions (hereinafter referred to as "property criminal penalties'), an agreement may be concluded with regard to the funds obtained from such property criminal penalties or the remainder thereof, after being transferred to the State budget.
(3) The Ministry of Finance shall be responsible for concluding the agreement referred to in paragraph 1. The application to conclude such an agreement may be made by the court which decided at first instance or by the Ministry. The Court or Ministry shall provide the Ministry of Finance with the necessary synergies for the purposes of concluding the Agreement.
(4) The conclusion of the agreement referred to in paragraph 1 shall take into account in particular the nature of the offence, the nature of the property and the location of the property, the extent and importance of the cooperation provided by the foreign State for the purposes of criminal proceedings conducted in the Czech Republic, guarantees of reciprocity, international context and relations of the Czech Republic with a specific foreign State.
(5) Shared property is transferred to a foreign state by the organizational branch of the state, which according to the Act on the Property of the Czech Republic and its appearance in legal relations is responsible for the management of the property of the Czech Republic.
§ 11b
(1) The Czech Republic may conclude an agreement with a foreign State on the sharing of assets obtained through the execution of a criminal penalty imposed in criminal proceedings conducted in that foreign State.
(2) The Ministry of Finance shall be responsible for concluding the agreement referred to in paragraph 1. A proposal to conclude such an agreement may be made by the Ministry of Finance by a judicial authority which has provided judicial cooperation to the foreign authority or by the Ministry. At the request of the Ministry of Finance, the judicial authority or the Ministry shall provide the necessary synergies for the purposes of concluding the Agreement.
(3) Shared property is taken over from a foreign state by the organizational branch of the state, which according to the Act on the Property of the Czech Republic and its appearance in legal relations is responsible for the management of the property of the Czech Republic.
§ 12
Translation
(1) The judicial authority shall ensure the translation of the application for international judicial cooperation and its annexes into a foreign language.
(2) A translation of a decision or other document sent from a foreign state at the request of an authority of the Czech Republic for international judicial cooperation into the Czech language shall be provided by the authority which needs it for its criminal procedure.
(3) If the authority of the Czech Republic does not receive a request from the foreign authority for international judicial cooperation and its annexes in the Czech language or with a translation into the Czech language, such translation shall require a foreign State, unless it provides for an international agreement that the foreign State is not obliged to provide a translation, or where reciprocity is not guaranteed in respect of non-translation. If a foreign State has not sent a translation within the prescribed time limit without stating the essential reasons for which it did not do so, the authority of the Czech Republic shall reject the request. These consequences must be brought to the attention of a foreign state.
(4) If an international agreement provides that a foreign State is not obliged to provide a translation or if reciprocity is guaranteed in respect of the non-translation, the translation will be provided by the authority of the Czech Republic which needs it for its procedure under this Act.
§ 13
Verification of documents
(1) Unless the international agreement provides otherwise or reciprocity is guaranteed, the judicial authority shall require the necessary higher or other verification of the request for international judicial cooperation and its annexes.
(2) Unless otherwise provided for by an international treaty, or where reciprocity is not guaranteed, and the request by a foreign State for international judicial cooperation and its annexes are accompanied by a higher or other verification, the central authority shall return it to the foreign State to complete such verification.
(3) Where a foreign State requires a verification fee, it shall be paid by the central authority.
(4) For the procedures referred to in Part Five, paragraphs 1 to 3 shall not apply.
§ 14
Necessary defence
(1) The defendant must always have a person,
(a) against which extradition proceedings are conducted in a foreign State;
(b) in respect of which a transfer procedure is conducted from the Czech Republic pursuant to the provisions of Part Five, Title II, Parts 3 and 4, or to the international judicial authority referred to in § 145 (1) (b) or (c),
(c) against which an extension procedure is conducted;
(d) against which the extension procedure is conducted; or
(e) if it is to be heard whether it renounces the right to apply the principle of speciality in proceedings after extradition from a foreign State or after transmission in accordance with the provisions of Title II of Part Five.
(2) The defendant must always have a decision of a Member State of the European Union (hereinafter referred to as "the Member State ') other than the Czech Republic or of an international judicial authority referred to in Article 145 (1) (b) or (c) against whom the recognition and enforcement of the foreign decision is sought,
(a) which have been subjected to an unconditional custodial sentence or a protective measure involving deprivation of liberty;
(b) where he is in custody, the execution of an unconditional prison sentence or a protective measure relating to the deprivation of liberty;
(c) where it is restricted in its own right,
(d) if it is a minor; or
(e) where the court considers it necessary, in particular because, in view of the physical or mental defects of that person, it has doubts as to its ability to defend itself properly.

ČÁST DRUHÁ

PROTECTION OF INFORMATION BY CERTAIN BODIES IN THE AREA OF INTERNATIONAL JUSTMENT COOPERATION AND THE SCHENGEN INFORMATION SYSTEM

HLAVA I

INFORMATION PROTECTION

Díl 1

Protection of personal data
§ 15
(1) The provisions of this Part do not apply to the transmission of personal data with the European Police Office, the European Union Agency for Judicial Cooperation in Criminal Matters established by the directly applicable European Union Regulation ("Eurojust") or through an information system established by Member States participating in Schengen cooperation under Schengen rules and associated States ("Schengen Information System"). This Part shall not apply to the transfer of personal data under international agreements.
(2) In the absence of a binding European Union regulation on the protection of individuals with regard to the processing of personal data by the competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal offences (52), paragraphs 18 and 19 shall apply.
(3) Where personal data are referred to in this Title, they are to be transmitted or made available.
§ 16
Protection of personal data transmitted from the Czech Republic
(1) Where the nature of the personal data to be transferred to another Member State or to a State associated with an international treaty for the implementation of Schengen rules (hereinafter referred to as "the Associated State ') so requires, and where practicable, it is necessary to include available information to enable that State to assess its accuracy.
(2) If the authority of the Czech Republic, which has transmitted personal data to another Member State or to an associated State, finds that the personal data transmitted are inaccurate or have not been transmitted in accordance with this Act or the Data Protection Act, it shall inform the competent authority of the State to which it has transmitted such data.
(3) Where the legislation lays down specific conditions for the processing of personal data, the recipient should be informed of these conditions and the need to comply with them; If personal data are to be transferred to another Member State or to an associated State, the authority of the Czech Republic which transmits personal data shall not apply conditions to such recipient other than those applicable to similar transfers of data between entities in the Czech Republic.
(4) If it is considered necessary for the protection of personal data, the authority of the Czech Republic, together with the transfer of personal data to another Member State or to an associated State, may require that the time limits for the retention of personal data laid down in the law of the Czech Republic be respected.
(5) In order to jeopardise the fulfilment of the purpose of criminal proceedings, the protection of life or the health of persons, or for other serious reasons, the authority of the Czech Republic, together with the transfer of personal data to another Member State or an associated State, may request the authority of that State to inform the person concerned of their transmission or other processing only with the prior consent of the authority of the Czech Republic.
§ 17
Protection of personal data transferred to the Czech Republic
(1) If the authority of another Member State or associated State has informed the Czech Republic of the specific conditions for the processing of personal data and the need to comply with them, these conditions must be complied with.
(2) If the authority of another Member State or of an associated State has requested that the data subject be not informed of their transmission or any other processing, it may be informed only with the prior consent of the authority of that State.
(3) If the authority of another Member State or an associated State has informed the competent authority of the Czech Republic that the transmission of false or inaccurate personal data or the transfer of personal data has taken place in breach of the law, the competent authority of the Czech Republic will correct, delete or restrict the processing of personal data by a special mark.
§ 18
Transmission of personal data to another State other than a Member State or associated State or to international organisations
(1) The authority of the Czech Republic may, without any request, transmit personal data to the competent authority of a State which is not a Member State or an associated State, or to an international organisation, if necessary for the prevention, detection and detection of criminal activity, criminal proceedings or the provision of public order and security; the competent authority is the authority competent to prevent, seek and detect crime, criminal proceedings or public order and security.
(2) Where a State or an international organisation to which personal data are to be transferred pursuant to paragraph 1 is subject to a decision by the European Union institution to ensure an adequate level of protection of personal data as published in the Official Journal of the European Union, paragraphs 3 to 5 shall not apply unless the institution of the European Union decides that an adequate level of protection is no longer ensured.
(3) For the purposes referred to in paragraph 1, the authority of the Czech Republic may transmit personal data to the competent authorities referred to in paragraph 1, provided that they have taken the necessary measures to ensure the protection of personal data in the form of a generally binding law or otherwise. Where the necessary measures to ensure the protection of personal data in a State or an international organisation to which personal data are to be transmitted pursuant to paragraph 1 have been taken in a manner other than in the form of a legal act or an international treaty, the authority of the Czech Republic shall inform the Office of Personal Data Protection of the categories of transmission and shall keep information on the time, recipients and reasons for the transfer as well as on the personal data concerned.
(4) If the condition laid down in paragraph 3 of the first sentence is not met, the authority of the Czech Republic may transmit the personal data to the competent authorities referred to in paragraph 1 where necessary
(a) to protect the vital interests of the data subject or other person;
(b) for the protection of the legitimate interests of the data subject, provided that they have given the initiative or are reasonable to expect its benefit;
(c) to prevent an imminent and serious threat to public security and internal order in a foreign State;
(d) to perform a specific task for the purposes referred to in paragraph 1; or
(e) for the protection of specific legal claims relating to the purposes referred to in paragraph 1.
(5) The authority of the Czech Republic shall not transmit personal data pursuant to paragraph 4 (d) or (e), or only partially, if the interest in the protection of the fundamental rights and freedoms of the data subject outweighs the public interest in their transmission.
(6) Furthermore, the authority of the Czech Republic may, taking into account the gravity of the case, the purpose of the original transmission and the level of protection of personal data, agree that the personal data transmitted to it by the authority of the Czech Republic to the competent authority of another State referred to in paragraph 1 or to another international organisation shall be transmitted by the competent authority referred to in paragraph 1. The competent judicial or central authority of the Czech Republic is responsible for giving consent.
(7) If personal data which have been transmitted to an authority of the Czech Republic by an authority of another Member State or an associated State are to be transmitted to the competent authority referred to in paragraph 1, the competent authority of the Czech Republic shall request the opinion of the State which transmitted such data to the Czech Republic for further transmission. The request shall set a reasonable time limit within which the competent authority of that State is to send its opinion and shall be made aware that, if it does not send its opinion within the time limit set, it shall be deemed to have given its consent for the further transmission of personal data. Otherwise, personal data may be transmitted only if necessary to prevent an immediate and serious threat to public security in a Member State, an associated State or another State which is not a Member State or an associated State, or a threat to the essential interests of a Member State or an associated State, and the opinion cannot be obtained in time; the competent authority of the Czech Republic shall immediately inform the authority of another Member State or associated State responsible for issuing an opinion on the further transmission of personal data.
§ 19
Transmission of personal data to recipients established in another State other than a Member State or an associated State
(1) Where this is necessary for the performance of a particular task in preventing, seeking or detecting crime, criminal proceedings or in ensuring public order and security, the authority of the Czech Republic may transfer personal data to any person in the State referred to in Paragraph 18 (1) or the authority of that State, provided that:
(a) the interest in protecting the fundamental rights and freedoms of the data subject does not outweigh the public interest in carrying out such a task; and
(b) the transmission to the competent authority referred to in Article 18 (1) would not lead to the timely and proper execution of such a task.
(2) The authority of the Czech Republic shall, without undue delay, inform the competent authority pursuant to Paragraph 18 (1) of the transmission referred to in paragraph 1, unless this would lead to delays or difficulties.
(3) The authority of the Czech Republic shall inform the person or authority of the State referred to in Paragraph 18 (1) to whom the personal data have been transmitted of the purposes for which such personal data may be processed if necessary.
(4) The authority of the Czech Republic shall inform the Office for the Protection of Personal Data of the transfer referred to in paragraph 1 and record the time and reason for the transmission and the information concerning the recipient and the personal data transmitted.

Díl 2

Consent to use information
§ 20
(1) Information obtained in the context of the cooperation of police authorities from another Member State or associated State may be used as evidence in criminal proceedings only on the basis of the consent of the competent authority of that State. In order to obtain such consent, the prosecutor shall be entitled and, after the prosecution has been brought, the court; acting in accordance with the provisions of Part Three, Title I, Part 1. The request for consent shall not be necessary if the competent authority of that State has already given its consent at the time of transmission of the information or if such consent is not necessary under the law of that State.
(2) The consent of the judicial authority is required to use the information provided in the framework of the cooperation of the police authorities to another Member State or associated State as evidence in criminal proceedings. The provisions of Part Three, Title I, Part 2 shall apply mutatis mutandis to the grant of consent. In order to give consent, the regional court is competent and, if preparatory proceedings are conducted in a foreign State, the Regional Prosecutor's Office, in whose district the police authority which provided the information, is located.
(3) The consent referred to in paragraph 2 may not be granted if:
(a) the use of such information as evidence would be excluded in criminal proceedings in the Czech Republic; or
(b) there is a risk that criminal proceedings conducted in the Czech Republic would be thwarted by the use of such information as evidence, or that other important interests would be seriously threatened.
(4) Information obtained or provided in the framework of cooperation between the administrative authorities of the Czech Republic and the authorities of a foreign State may be used as evidence in criminal proceedings only under the conditions laid down by the international treaty. According to paragraphs 1 to 3, the same shall apply in the case of information obtained or provided in the context of cooperation between the administrative authorities of the Czech Republic and the authorities of a foreign state, provided that such a procedure is permitted by an international treaty.

HLAVA II

ESTABLISHMENT OF THE CZECH REPUBLIC IN THE EUROJUST
§ 21
National member
(1) The Czech Republic in Eurojust is represented by a national member of Eurojust (hereinafter referred to as "the national member"). The national member shall be seconded to Eurojust on a temporary basis.
(2) The national member shall be appointed by the Minister of Justice, on a proposal from the Attorney General, from among the representatives assigned to perform the duties of the Supreme Prosecutor, who, by his or her expertise and linguistic knowledge and experience, give him or her the assurance of the proper performance of his or her duties and, on a proposal from the Supreme Prosecutor, withdraw him or her.
§ 22
Deputy and Assistant National Member
(1) A representative and, where appropriate, an assistant of a national member shall be involved in the performance of the duties and powers of the national member.
(2) A representative of a national member shall carry out his or her duties and exercise his or her powers in his or her absence, otherwise he or she shall be entitled to act on behalf of the national member within the scope of his or her mandate. The Deputy National Member shall be appointed by the Minister of Justice, on a proposal from the Attorney General, from among the representatives assigned to perform the duties of the Supreme Public Prosecutor, who, by his or her expertise and language skills and experience, give him or her the assurance of the proper performance of his or her duties and, on a proposal from the Supreme Prosecutor, withdraw him or her. A representative of a national member shall be seconded to Eurojust on a temporary basis.
(3) A national member's assistant may represent him in his absence or acting on his behalf only if he is a prosecutor or a judge and on the basis of a mandate given by a national member. A national member's assistant shall be appointed by the Minister of Justice, on a proposal from a national member, from among the judges or servants of the court, prosecutors or other employees of the Prosecutor's Office, or by the staff of the Ministry who, by their professional and linguistic knowledge and experience, give guarantees of the proper performance of this function and withdraw him on a proposal from the national member. The term of office of a national member's assistant shall be five years and may be repeated once.
§ 23
Other auxiliary persons
National experts seconded to Eurojust or staff of Eurojust may participate in the performance of the tasks of the national member under his mandate.
§ 24
Eurojust liaison
The Judge or Prosecutor may, with the consent and approval of the Minister of Justice, be sent by Eurojust to a College other than a Member State to act as Eurojust's liaison. The Minister of Justice shall give his consent on a proposal from a national member; if a national member is to be so seconded, he shall do so on a proposal from the Attorney General. The secondment of a national member, his representative or assistant as Eurojust liaison shall cease to be a national member, his representative or an assistant.
§ 25
National Rapporteur
(1) The national rapporteur shall provide the national member with the information necessary for the performance of his work in Eurojust and shall exchange relevant information with him in the area for which he was appointed.
(2) The National Rapporteur for Eurojust, the National Rapporteur for Terrorism and, where appropriate, for other areas shall appoint, with their agreement and on a proposal from the National Member,
(a) the Minister of Justice from among the judges or employees of the Ministry;
(b) the Attorney General from among prosecutors,
(c) Police President of the Czech Police.
(3) He who appoints a national rapporteur pursuant to paragraph 2 shall also withdraw it on a proposal from a national member.
§ 27
Eurojust's National Coordination System
Eurojust's national coordination system is composed in the Czech Republic
(a) national rapporteurs;
(b) up to 3 persons who are the contact points of the European Judicial Network (3) and who have been designated, with their consent, by the members of the Eurojust National Coordination System by the National Rapporteur for the European Judicial Network,
(c) persons who are members or contact points of networks established for the purposes of judicial cooperation in criminal matters between Member States.
§ 29
Powers of the national member
(1) In addition to the powers laid down by the directly applicable European Union Regulation establishing Eurojust (2), a national member shall be entitled to:
Zobrazit všechna ustanovení (2992)
Contents
ČÁST PRVNÍ § 1 § 2 § 3 § 4 § 5 § 6 § 7 § 7a § 8 § 9 § 10 § 11 § 11a § 11b § 12 § 13 § 14 ČÁST DRUHÁ HLAVA I Díl 1 § 15 § 16 § 17 § 18 § 19 Díl 2 § 20 HLAVA II § 21 § 22 § 23 § 24 § 25 § 27 § 29 § 33 HLAVA III § 34 HLAVA IV § 35 HLAVA V § 36 § 37 § 38 ČÁST TŘETÍ HLAVA I Díl 1 § 39 § 40 § 41 § 42 § 43 § 44 § 45 § 46 Díl 2 § 47 § 48 § 48a § 49 § 50 § 51 § 52 § 53 § 54 § 55 § 56 Díl 3 § 57 § 58 § 59 § 60 § 61 § 62 § 63 § 64 § 65 § 65a § 65b § 65c § 66 § 66a § 67 § 68 § 69 § 70 § 71 § 72 § 73 § 74 § 75 § 76 § 77 HLAVA II Díl 1 § 78 § 79 § 80 § 81 § 82 § 83 § 84 § 85 § 86 Díl 2 § 87 § 88 § 89 § 90 § 91 § 92 § 93 § 94 § 95 § 96 § 97 § 98 § 99 § 100 § 101 § 102 § 103 § 104 HLAVA III Díl 1 § 105 § 106 § 107 § 108 § 109 § 110 § 111 Díl 2 § 112 § 113 § 114 § 115 § 116 § 117 HLAVA IV Díl 1 Oddíl 1 § 118 § 119 § 120 Oddíl 2 § 121 § 122 § 123 § 124 § 125 § 126 § 127 § 128 Oddíl 3 § 129 § 130 § 131 § 132 § 133 § 134 § 134a § 134b § 135 Díl 2 § 136 § 137 § 137a § 138 § 139 § 140 HLAVA V Díl 1 § 141 Díl 2 § 142 § 143 § 144 ČÁST ČTVRTÁ HLAVA I § 145 § 146 § 147 § 148 § 149 § 150 § 151 § 152 § 153 § 154 HLAVA II § 155 § 156 § 157 § 158 § 159 § 160 § 161 § 162 § 163 HLAVA III § 164 § 165 § 166 § 167 § 168 § 169 § 170 HLAVA IV § 171 § 172 § 173 § 174 § 175 § 176 § 177 § 178 § 179 § 180 HLAVA V § 181 § 182 § 183 HLAVA VI § 184 ČÁST PÁTÁ HLAVA I § 185 § 186 § 187 § 188 HLAVA II Díl 1 § 189 § 190 § 191 Díl 2 § 192 § 193 § 194 § 195 § 196 § 197 § 198 § 199 § 200 § 201 Díl 3 § 202 § 203 § 204 § 205 § 206 § 207 § 208 § 209 § 210 § 211 § 212 § 213 § 214 § 215 § 216 § 217 § 218 § 219 § 220 § 221 Díl 4 § 222 § 223 § 224 § 225 Díl 5 § 225a HLAVA III Díl 1 Oddíl 1 § 226 § 227 § 228 Oddíl 2 § 229 § 230 § 231 Oddíl 3 § 232 § 233 § 234 § 235 § 236 Oddíl 4 § 237 § 238 Díl 2 Oddíl 1 § 238a § 238b Oddíl 2 § 238c § 238d Oddíl 3 § 238e § 238f § 238g § 238h § 238i § 238j § 238k Oddíl 4 § 238l § 238m HLAVA IV Díl 1 § 239 § 240 § 241 § 242 § 243 § 244 § 245 § 246 § 247 § 248 § 249 § 250 Díl 2 § 251 § 252 § 253 § 254 § 255 Díl 3 § 256 HLAVA V § 257 § 258 § 259 § 260 HLAVA VI Díl 1 § 261 § 262 § 263 § 264 § 265 § 266 § 267 § 268 § 269 § 270 § 271 § 272 Díl 2 § 273 § 274 § 275 § 276 § 277 HLAVA VII Díl 1 Oddíl 1 § 278 § 279 § 280 § 281 § 282 § 283 § 284 § 285 § 286 § 287 § 288 § 289 § 290 § 291 Oddíl 2 § 292 § 293 § 294 § 295 § 295a Oddíl 3 § 296 § 297 Díl 2 Oddíl 1 § 297a § 297b Oddíl 2 § 297c § 297d § 297e § 297f § 297g § 297h § 297i Oddíl 3 § 297j § 297k Oddíl 4 § 297l § 297m § 297n HLAVA VIII Díl 1 § 298 § 299 § 300 § 301 § 302 § 303 § 304 § 305 § 306 § 307 § 308 § 309 § 310 § 311 § 312 § 313 Díl 2 § 314 § 315 § 316 § 317 § 318 § 319 § 320 Díl 3 § 321 § 322 HLAVA IX Díl 1 § 323 § 324 § 325 § 326 § 327 § 328 § 329 § 330 § 331 § 332 § 333 § 334 § 335 Díl 2 § 336 § 337 § 338 § 339 HLAVA X Díl 1 § 340 § 341 § 342 Díl 2 § 343 § 344 § 345 § 346 § 347 § 348 § 349 § 350 § 351 § 352 § 353 Díl 3 § 354 § 355 § 356 HLAVA XI Díl 1 § 357 § 358 § 359 Díl 2 § 360 § 361 § 362 § 363 § 364 § 365 § 366 § 367 § 368 § 369 § 370 § 371 § 372 § 373 Díl 3 § 374 § 375 § 375a § 376 § 377 § 378 § 379 § 380 Díl 4 § 381 § 382 § 383 § 384 § 385 § 386 § 387 § 388 § 389 § 390 § 391 § 392 § 393 § 394 § 395 ČÁST ŠESTÁ § 396 ČÁST SEDMÁ § 397

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Regulation Information

CitationAct No. 104 / 2013 Coll., on International Judicial Cooperation in Criminal Matters
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation30.04.2013
Effective from01.01.2014
Effective until-
Status Valid
Legal Areas: Information, Data, Data International law International private law International public law Civil law Civil law of procedure Judicial and Public Prosecutor's Office Administrative law Criminal law Criminal law substantive Criminal law Constitutional (state) law Science and research
The regulation text is for informational purposes only.

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