What is Act No 178 / 2018 Coll.?

Act No. 178 / 2018 Coll., amending Act No. 104 / 2013 Coll., on International Judicial Cooperation in Criminal Matters, as amended, and certain other laws — Act amending Act No. 104 / 2013 Coll., on International Judicial Cooperation in Criminal Matters, as amended, and certain other laws.

When it became Act No 178 / 2018 Coll. effectiveness?

Act No 178 / 2018 Coll. became effective 16.08.2018.

Is Act No 178 / 2018 Coll. still valid?

Yes, Act No 178 / 2018 Coll. is still valid and effective.

Act No 178 / 2018 Coll. - Act amending Act No. 104 / 2013 Coll., o...

178

THE LAW

of 19 July 2018

amending Act No. 104 / 2013 Coll., on International Judicial Cooperation in Criminal Matters, as amended, and certain other laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Act on International Judicial Cooperation in Criminal Matters

Čl. I

Act No. 104 / 2013 Coll., on International Judicial Cooperation in Criminal Matters, as amended by Act No. 77 / 2015 Coll., Act No. 86 / 2015 Coll., Act No. 55 / 2017 Coll. and Act No. 57 / 2017 Coll., is amended as follows:

1. At the end of footnote 1, the sentence "Directive 2014 / 41 / EU of the European Parliament and of the Council of 3 April 2014 on a European arrest warrant in criminal matters' is added.

2. In Paragraph 48 (3), "6 'is replaced by" 7'.

3. In Paragraph 48, the following paragraph 6 is inserted after paragraph 5:

"(6) If a preparatory procedure is conducted in a foreign State, which is related to criminal proceedings conducted in the Czech Republic, in which the Attorney General of the Attorney General's Office is active, the request for legal assistance by the foreign authority may be dealt with with with the prior consent of the Supreme Prosecutor's Office of the Prosecutor General's Office. This shall be without prejudice to the special competence of certain legal aid operations under Part 3. ';

Paragraphs 6 to 8 shall be renumbered paragraphs 7 to 9.

4. In Paragraph 48 (9), the word "regional 'is deleted.

5. In Part Five of the title of Title III, the words "VALUES OR EVIDENCE 'are replaced by the words" THINGS'.

6. Paragraph 226 (1) reads as follows:

"(1) The provisions of this Title shall be applied to a case which is an instrument of crime, or to a case which is a proceeds of crime, or to a case which is a substitute for a case which is to be secured in another Member State by a freezing order issued by a judicial authority or to be secured in the Czech Republic by a freezing order issued by a judicial authority of another Member State for forfeiture or prevention purposes. ';

7. At the end of the title § 227, the title § 229, the title § 230, the title § 231, the title § 233, the title § 235 and the title § 236, the word "cases' shall be added.

8. In § 227 of the Introductory Part of the Clause, § 227 (a), § 229 (1), § 230, § 231 (1), § 232 (2) and (3), § 233 (4) of the Introductory Part of the Clause, § 233 (4) (a), (c) and (d), § 233 (5) to (7), § 235 (1) of the Introductory Part of the Clause, § 236 (3), § 237 (1) of the Introductory Part of the Clause, § 237 (1) and in § 238 (1 of the word "collateral 'shall be inserted after the word" provisions'.

9. in § 227 (a), the words "order for withdrawal or" shall be deleted and the words "if issued" shall be replaced by "if issued."

10. in Article 227 (b), the words "or other values referred to in Article 226 (1) (a) and (b) (hereinafter referred to as" value ") or the means of proof" are replaced by the words "referred to in Article 226 (1)";

11. in Paragraph 228 (1), the words "value or means of proof" are replaced by the words "cases."

12. In Part Five, Title III, in the heading of Part 2 and in the heading of Part 3, the words "value or means of proof 'are replaced by the words" goods'.

13. In Article 229 (1), the words "value or means of proof 'are replaced by the words" the case'.

14. in Paragraph 229, paragraphs 2 and 3 are deleted;

Paragraphs 4 and 5 shall be renumbered paragraphs 2 and 3.

15. in Article 229 (2), the words "In case of value assurance, the certificate" shall be replaced by the words "The certificate attached to the freezing order contains" and the word "the value" shall be replaced by "the case."

16. in Article 229 (3) and Article 236 (1), the word "value" is replaced by the word "items."

17. Paragraph 231 (2) is deleted and paragraph 1 is deleted.

18. In Article 232 (1), the word "goods' shall be inserted after the words" freezing orders', the word "mutatis mutandis' shall be replaced by" mutatis mutandis' and the words "and 7 'shall be replaced by" up to 8'.

19. In Article 233 (1), the words "goods' are inserted after the words" to be secured ', the words "4 or 6' are replaced by the words" 3 or 5 ', and the words "the value or means of proof which are the subject of the security has been lost, destroyed or cannot be found in the place indicated on the certificate or because the place where it should have been' are replaced by the words" the object of the security has been lost, destroyed or cannot be found in the place indicated on the certificate or because the place where it should have been '.

20. Paragraph 233 (2) is deleted.

Paragraphs 3 to 9 shall be renumbered paragraphs 2 to 8.

21. in Paragraph 233 (3) (e), "value" is replaced by "case."

22. in Article 233 (7) and in Article 236 (1), the word "cases" shall be inserted after the words "to ensure."

23. Paragraph 233 (8) is deleted.

24. in Article 235 (1) (b), the words "the value or means of proof referred to in such an order have already been secured" shall be replaced by the words "the case referred to in such an order has already been secured."

25. in Article 235 (3), the words "the value or means of proof referred to" shall be replaced by the words "the case referred to" and the words "the case" shall be inserted after the words "to be secured."

26. Paragraph 236 (2) is deleted.

Paragraph 3 shall become paragraph 2.

27. In Part Five, Title XI is added, including the title and footnotes No 44 to 50:

„HLAVA XI

EUROPEAN INVESTIGATION ORDER

Díl 1

Common provisions

§ 357

Scope

(1) The provisions of this Title shall be applied in respect of other Member States to the measure of proof on the basis of a European investigation order.

(2) The provisions of this Title shall not apply to:

(a) the measure of proof within the framework of a joint investigation team established with another Member State, except where evidence is provided from another Member State which does not participate in the joint investigation team;

(b) legal assistance for the service of documents; and

(c) ensuring a case for purposes other than evidence.

(3) Under this Title, action shall be taken with regard to other Member States for which a European Union law governing the European investigative order is binding (44).

§ 358

European Investigation Order

European Investigation Order means an order

(a) issued by a judicial authority for the purpose of carrying out an act of legal aid in order to obtain proof in the territory of another Member State; or

(b) issued by a judicial authority of another Member State or other than a judicial authority of another Member State which has jurisdiction in that Member State to provide evidence, provided that the order issued by that Member State has been confirmed by the judicial authority of that Member State, in order to carry out an act of legal aid in order to obtain evidence in the territory of the Czech Republic.

§ 359

Synergies

(1) The judicial authority shall cooperate in the procedure provided for in this Title with the authority of another Member State, in particular by exchanging all necessary information with it.

(2) The Ministry, at the request of the Court of Justice and the Prosecutor General, shall, at the request of the Public Prosecutor, provide synergies in the identification of the necessary information, in particular in the identification of the competent authority of another Member State to which a European Investigation Order is to be sent or in the verification of the conditions laid down in the law of that Member State for its recognition and enforcement. The same synergy shall be provided by the Ministry or the Supreme Prosecutor at the request of the authority of another Member State when establishing the necessary information with regard to the competent authorities of the Czech Republic or verifying the conditions laid down in the law of the Czech Republic.

(3) For the purposes of reporting to the institutions of the European Union and facilitating cooperation with other Member States, the court shall, at its request, provide the Ministry with the necessary information, in particular on the number of European investigative orders sent to other Member States for recognition and enforcement and on the outcome of these proceedings in other Member States, as well as similar information on European investigative orders sent to the Czech Republic by other Member States.

Díl 2

Enforcement of the European Investigation Order in the Czech Republic

§ 360

Jurisdiction

(1) For the purposes of determining the jurisdiction of the procedure referred to in Parts 1, 4 and 48 (5), the first sentence and paragraphs 6 to 9 shall apply mutatis mutandis, unless otherwise provided for in this Title.

(2) If the European Investigation Order has been sent to an authority which is not competent for the procedure under Part 1, Part 4 and Part 4, it shall be forwarded without delay to the competent judicial authority. The non-competent authority shall, without undue delay, not later than 7 days after the receipt of the European Investigation Order, confirm its receipt by means of a form provided for by European Union law governing the European Investigation Order 45) to the authority of the other Member State which sent it to it and inform it of the transmission of the European Investigation Order to the competent judicial authority.

(3) The judicial authority shall, without undue delay, not later than 7 days after receipt of the European Investigation Order, confirm receipt of the European Investigation Order by means of a form provided for in European Union law governing the European Investigation Committee45) to the authority of the other Member State which sent it to it.

§ 361

Return of the European Investigation Order

The judicial authority shall return the European investigative order to the authority of the other Member State which sent it, together with an indication of the reason for such a procedure if that order has not been issued.

(a) by the authority of another Member State referred to in § 358 (b);

(b) for the purpose of carrying out an act of legal aid in order to obtain proof in the Czech Republic; or

(c) criminal proceedings or other criminal proceedings, provided that a case may be sought in another Member State before a court in criminal proceedings.

§ 362

Obstacles to execute a European investigative order

(1) Where the judicial authority reasonably considers that the issuing of a European investigative order is not necessary to achieve the objective pursued, it shall not be in conformity with the seriousness of the act in respect of which the order is issued or have doubts as to whether the act of legal assistance to be carried out on the basis of it could be implemented under the same conditions and under the law of the State which issued the European investigative order, it shall immediately communicate that fact to the authority of another Member State and request its opinion. Where the authority of another Member State insists on the accuracy of the issue of a European investigation order, the judicial authority shall proceed in accordance with the provisions of Parts 1, that Part and Part 4.

(2) The judicial authority shall immediately inform the authority of another Member State that the European investigative order cannot be executed if the evidence is to be provided by an act of legal assistance which is not regulated in the law of the Czech Republic, or if such evidence could not be obtained in criminal proceedings conducted in the Czech Republic in a similar national case, and at the same time the required evidence cannot be provided by any other act of legal assistance which would not interfere with the rights of the person concerned to a greater extent than that of legal assistance provided for in the European investigation order. The first sentence shall not apply where the European Investigation Order has been issued for the purpose of:

(a) the provision of evidence already available to the judicial authority if it can be provided under the law of the Czech Republic for the purposes of any other procedure;

(b) the acquisition of data from the registers and information systems of police or judicial authorities to which the judicial authority has direct access;

(c) conduct an interview with a person;

(d) identification of an electronic communications operator to a particular telephone number or IP address;

(e) an expert opinion measure which does not require the mandatory interaction of the person to whom it is directed; or

(f) obtaining information pursuant to Article 8 (1) of the Criminal Code which does not interfere with the privacy of persons.

(3) If the judicial authority does not consider a European investigative order sent by another Member State to be sufficient to assess whether the conditions for its execution are met, or if it is not translated into the Czech language or the language in which the Czech Republic has declared its acceptance by it 46), the authority of that Member State shall ask it to send the necessary additional information or translation of the European investigation order to the relevant language within the time limit set by it. If the authority of another Member State has not sent additional information or translation within the time limit laid down, without giving any material reasons for which it has not done so, the judicial authority shall immediately inform it that a European investigative order cannot be executed. Such consequences shall be brought to the attention of the authority of another Member State.

(4) Where the execution of a European investigation order is prevented by a reason which is not a reason to refuse the execution of a European investigation order, the judicial authority shall inform the authority of another Member State thereof and shall ask it to express its insistence on the execution of the order within the time limit set for that purpose. If the authority of another Member State does not express itself within the time limit laid down or if it does not state the circumstances which refute that ground, the judicial authority shall inform it without delay that the European investigative order cannot be executed.

§ 363

Exemptions from the principle of mutual criminality

In the case of an act for which an action may be imposed in a Member State which has issued a European investigative order, an unconditional custodial sentence with a maximum criminal rate of at least 3 years, consisting of an act referred to in a European Union law governing a European investigative order (47), which is designated by an authority of another Member State in Section G (3) of the form on which a European investigative order is issued (48), the judicial authority for the purpose of assessing whether a European investigative order issued by another Member State is being executed does not establish whether the facts of the offence comply with the law of the Czech Republic, unless the description of the facts or legal qualifications given in the certificate clearly does not correspond to the conduct indicated.

§ 364

Time limits

The judicial authority shall assess whether the conditions for the execution of the European Investigation Order are met and shall perform any of the acts referred to in Articles 361, 362, 365 (5) or the first sentence of Article 366 (1) within the period specified therein; If the time limit is not specified in the order, it shall do so without delay, as a rule not later than 30 days after the date on which the order was received. Such time limits shall not be taken into account for the period during which the supporting documents necessary for the assessment of compliance with the conditions for the execution of the EIO shall be provided from another Member State. If these deadlines cannot be met, the judicial authority shall immediately inform the authority of another Member State and state the reasons for the delay, including the estimated time of such delay.

§ 365

Grounds for refusal to execute the European Investigation Order

(1) The judicial authority shall refuse to execute a European investigative order where:

(a) its execution would be contrary to the obstacle to the matter decisively decided;

(b) the act does not fulfil the characteristics of the facts of the offence under the law of the Czech Republic and it is not the conduct referred to in § 363; in the case of offences relating to taxes, duties, duties or currencies, the execution of a European investigation order cannot be refused only on the grounds that the legislation of the Czech Republic does not impose the same kind of taxes, charges or duties or does not contain the same provisions as those of the Member State concerned;

(c) the exercise of such privileges or immunities is hindered by law or international law for which a person is excluded from the jurisdiction of law enforcement authorities;

(d) it was issued in a non-criminal procedure and, in a similar national case, in criminal proceedings conducted in the Czech Republic it would not be possible to carry out the act of legal assistance referred to therein;

(e) the act was committed outside the territory of the Member State which issued the European investigative order, was committed in whole or in part in the territory of the Czech Republic and does not fulfil the characteristics of the facts of the offence under the law of the Czech Republic,

(f) its performance could harm the security interests of the Czech Republic, threaten the source of information or threaten or distort the activities of intelligence services; or

(g) it is reasonable to consider that the implementation of an act of legal aid would be incompatible with the obligations arising for the Czech Republic under Article 6 of the Treaty on European Union or the Charter of Fundamental Rights of the European Union.

(2) Reason for refusal to execute the European Investigation Order referred to in paragraph 1 (b) (b) shall not apply where the European investigative order is issued for the purpose of carrying out the legal aid operation referred to in Article 362 (2) (a) to (e).

(3) The judicial authority shall seek the opinion of the authority of another Member State before refusing to execute a European investigation order on the grounds referred to in paragraph 1 (a), (c), (e), (f) or (g).

(4) If there is doubt as to whether or to what extent the person against whom the European investigative order is directed is excluded from the jurisdiction of the law enforcement authorities, the Supreme Court shall decide on a proposal from that person or judicial authority. If the competent authority of the Czech Republic is to waive the privileges or immunities, it shall request the judicial authority to waive the privileges or immunities of the person concerned. Where there is a competent authority of a foreign State or international organisation to waive the privilege or immunity, the judicial authority shall request the authority of another Member State which issued the European Investigation Order to submit a request for the waiver of that privilege or immunity.

(5) An alert shall be drawn up by the judicial authority on the refusal to execute the European Investigation Order and on its grounds and shall immediately inform the authority of another Member State thereof.

§ 366

Enforcement of the European Investigation Order

(1) If there is no case referred to in Article 361 or 362, or if there is no reason to refuse the execution of a European investigation order, the judicial authority shall record it. The European Investigation Order shall be executed without delay, as a rule not later than 90 days after such an alert has been drawn up, unless a shorter period or a specific date for the execution of the legal aid operation is indicated in the European Investigation Order or a reason for the suspension of the execution of the European Investigation Order. If the time limit for the execution of the European investigation order cannot be complied with, the judicial authority shall inform the authority of another Member State without delay, stating the reasons for the delay, including the estimated time of such delay.

(2) In the execution of a European investigation order, the formalities and procedures referred to therein must be followed if they do not conflict with the fundamental legal principles of the Czech Republic; If these formalities or procedures are not complied with, the judicial authority shall immediately inform the authority of another Member State. Otherwise, the execution of the European investigative order is governed by the law of the Czech Republic.

(3) The judicial authority shall immediately inform the authority of another Member State that it is not possible to ensure that, in the execution of a European investigation order, information on the implementation of a specific act of legal assistance for the purpose of the measure of proof is not made available unintended.

(4) Where, in the execution of a European investigation order, the judicial authority finds that it would be appropriate to carry out further legal assistance operations not covered by the European investigation order, it shall immediately inform the authority of another Member State thereof. Where, following this warning, a European investigative order relating to a former European investigative order ("the supplementary European investigative order ') is sent, the judicial authority shall, when assessing whether the conditions for its execution are met, examine only those conditions which must be examined exclusively in relation to the newly mentioned act of legal aid.

(5) Where consent, authorisation or order of a judge is required for the execution of an act of legal aid under a European order of inquiry under the criminal rules in the preparatory proceedings or in proceedings before a court of a court of a higher degree, the judicial authority shall without delay request such consent or authorisation or submit an application for an order; the justification shall also indicate how it assessed the fulfilment of the conditions for the execution of the European Investigation Order.

(6) Where a Judge refuses to give his consent or authorisation or issue an order pursuant to paragraph 5 or where a European investigative order cannot be executed for any other reason, the judicial authority shall inform the authority of another Member State without delay and state the reason.

(7) Where, in another Member State, the European Investigation Order has been revoked or withdrawn by an authority of another Member State or the execution of an act of legal aid is no longer necessary for any other reason, the judicial authority shall refrain from executing the European Investigation Order. The evidence already provided by the European Investigation Order shall be treated in a similar manner to that provided for the purposes of criminal proceedings which are no longer necessary for further proceedings.

§ 367

Enforcement of a European investigation order by another act of legal aid

(1) The judicial authority shall execute the European Investigation Order by means of an act of legal assistance other than that referred to therein where:

(a) the proof is to be provided by a European investigation order with an act of legal aid which is not regulated in the law of the Czech Republic or would not be able to be obtained by such action in criminal proceedings conducted in the Czech Republic in a similar national case, but can be obtained by another act of legal assistance which does not interfere with the rights of the person concerned to a greater extent than that of legal assistance provided for in the European investigation order; or

(b) evidence may be provided by any other act of legal assistance which interferes with the rights of the person concerned to a lesser extent than that of legal assistance provided for in the European Investigation Order.

(2) The procedure referred to in paragraph 1 (a) shall not apply to the legal aid operations referred to in Article 362 (2) (a) to (e).

(3) Before the procedure referred to in paragraph 1, the judicial authority shall inform the authority of another Member State that the evidence will be provided with an act of legal assistance other than that referred to in the European Investigation Order and shall ask it whether it insists, under these conditions, on the execution of the European Investigation Order or whether it is supplemented or withdrawn.

§ 368

Participation of authorities of another Member State and other persons in legal aid operations

If the authority of another Member State requests that representatives of an authority of another Member State may be present in an act of legal aid carried out in the territory of the Czech Republic for the purpose of the measure of proof, the judicial authority shall comply with such a request, unless this would be contrary to the fundamental legal principles of the Czech Republic or could prejudice the security interests of the Czech Republic. Representatives of the authority of another Member State present in such an operation are bound by the law of the Czech Republic, have no powers in the territory of the Czech Republic and cannot carry out criminal proceedings there; Article 51 (3) shall apply mutatis mutandis to questions. Paragraph 51 (2) and (3) shall apply mutatis mutandis to the presence of other persons in an act of legal aid.

§ 369

Delay of performance

(1) The judicial authority may postpone the execution of a European investigation order where:

(a) its execution could interfere with criminal proceedings conducted in the Czech Republic; or

(b) the proof for which this order has been issued is required for the purposes of any other proceedings conducted in the Czech Republic or in a foreign State.

(2) As soon as the reason for the suspension of the execution of the European Investigation Order has elapsed, the judicial authority shall execute it.

(3) The judicial authority shall immediately inform the authority of another Member State of the postponement of the execution of the European Investigation Order, including the reason for postponement, and of its expected duration, if it is possible to estimate it, and of the absence of grounds for postponement.

§ 370

Appeals

(1) Where an appeal is admissible under the criminal rules against a regulation on legal aid, it shall not contest the grounds for which the European investigative order was issued in another Member State.

(2) The judicial authority shall inform the authority of another Member State that an appeal has been brought against the regulation of legal aid and the outcome of the appeal procedure.

§ 371

Transmission of evidence

(1) The judicial authority shall transmit to the authority of another Member State, without undue delay, the evidence provided under the European Investigation Order. The judicial authority or, with its prior consent, the police authority shall immediately transmit the evidence provided for in the act of legal assistance under a European investigation order to the representative of an authority of another Member State which participated in such an act, provided that such a request is provided for in a European investigation order and that such action is not contrary to the legislation of the Czech Republic.

(2) Where the act of legal aid leading to the measure has been ordered or authorised by a decision, the proof provided for under it may not be transmitted to another Member State until such decision has become final. Prior to the acquisition of legal power, evidence may only be transmitted if there are sufficient grounds in the European Investigation Order for which it is necessary to ensure the immediate transmission of the evidence in order not to undermine an investigation or infringement of the rights of a person; However, evidence shall not be transmitted before the legal power of the decision if this would cause serious harm to the rights of the person concerned.

(3) Upon transmission of evidence issued or withdrawn under the criminal rules, the judicial authority shall request its return; if it does not prevent third party rights, it may waive its return to the Czech Republic.

(4) Where the execution of a European investigation order has been postponed on the grounds referred to in Article 369 (1) (b), the judicial authority may, with the agreement of the authority in charge of the proceedings for which the evidence is required, temporarily transfer the evidence to that authority at the request of the authority of another Member State which issued the European investigation order for the purpose of proof for an agreed period of time.

§ 372

Regression claim against another Member State

(1) The Ministry is entitled to claim payment from another Member State of the amount paid as compensation to a person under the Act on Liability for Damage caused in the exercise of public authority by a decision or by an incorrect official procedure to the extent that the damage suffered was caused by the procedure of the officials of that other Member State in carrying out legal aid operations in the territory of the Czech Republic or during their presence in the execution of such an act.

(2) The claim for compensation paid shall be applied in the form of a request to the competent authority of another Member State in accordance with the law and requirements of that State.

§ 373

Costs

The costs associated with the execution of the European Investigation Order shall be borne by the Czech Republic. Where the judicial authority considers these costs to be extremely high, the procedure shall be applied mutatis mutandis in accordance with Paragraph 55.

Díl 3

Ensuring the execution of a European investigative order in another Member State

§ 374

Issue of a European investigative order

(1) Where legal assistance is needed to provide evidence for criminal proceedings in another Member State, the President of the Chamber and, in the preparatory procedure, the Prosecutor shall issue a European investigative order. This does not preclude a European investigative order from being issued on its own initiative, even after the prosecution has been brought, if there is evidence on the measure it needs to represent the prosecution in a court of law.

(2) The European Investigation Order is issued using the form provided for in European Union law governing the European Investigation Committee48) and contains the particulars set out therein. The European Investigation Order shall be translated into the official language or one of the official languages of the Member State to which it is sent or into the language in which that State has declared its acceptance. 46).

(3) The judicial authority may in particular:

(a) indicate the formalities and procedures to be followed by the authority of another Member State in its execution, including any requirement to ensure the presence of the defendant's lawyer in the act of legal aid;

(b) request that the said representative of the authority of the Czech Republic may participate in the legal aid operation in the territory of another Member State to which the proof is to be furnished,

(c) request the transmission of proof to the representative of the Czech authority referred to in point (b);

(d) provide for a shorter period for assessing compliance with the conditions for the execution of a European investigation order or for the execution of an act of legal aid where, in the light of the circumstances of the case, the required evidence is urgently needed; or

(e) state that the act of legal aid to be provided for the proof must be carried out by a date.

(4) The European Investigation Order may be issued if it is necessary to achieve the objective pursued and corresponds to the seriousness of the action to be taken and if the act of legal assistance to be carried out on the basis thereof could be carried out under the same conditions and under the law of the Czech Republic.

(5) The European Investigation Order may also be issued on application by the defendant or his lawyer; such a proposal shall be examined in a similar manner to that of the defendant or his lawyer on the measure of proof in the Czech Republic.

(6) The judicial authority will issue a supplementary European investigative order (49) if further legal assistance is required in the territory of the Member State to which it has sent a European investigative order for the purpose of the proof measure.

§ 375

Sending a European investigative order to another Member State

(1) The judicial authority shall send the European Investigation Order without undue delay after it has been issued to an authority of another Member State. If a representative of an authority of the Czech Republic is involved in the implementation of an act of legal aid for the purpose of providing evidence in another Member State on the basis of a European investigation order issued by a judicial authority, he may transmit the supplementary European investigation order directly to another Member State.

(2) At the request of an authority of another Member State, the judicial authority shall provide the additional information and additions required for the purposes of assessing compliance with the conditions for the execution of the European investigation order and for the implementation of the legal aid operation.

§ 376

Withdrawal of the European Investigation Order

A judicial authority may, in whole or in part, withdraw a European investigative order where:

(a) subsequently finds that the conditions for its issue referred to in Article 374 (4) are not met,

(b) it has been informed by the authority of another Member State that the evidence will be provided by an act of legal assistance other than that indicated in the European investigation order;

(c) it has been informed by the authority of another Member State that it is unable to comply with the formalities and procedures provided for in the European Investigation Order;

(d) it has been informed by the authority of another Member State that it is unable to comply with the time limit laid down for the assessment of compliance with the conditions for the execution of the European Investigation Order or the time limit or date laid down for the execution of the legal aid operation to which the proof is to be furnished;

(e) the authority of another Member State has informed it of the postponement of the execution of the European investigation order;

(f) it has been informed by the authority of another Member State that it cannot ensure that information on the existence of a specific act of legal assistance is not made available to the public on the basis of evidence,

(g) the criminal proceedings for which the evidence is to be furnished have been postponed, terminated or otherwise terminated, or such evidence is no longer necessary for other reasons;

(h) there is no agreement with the authority of another Member State on the reimbursement of costs which the authority of another Member State considers to be extremely high; or

(i) the implementation of an act of legal aid for the purpose of the measure of proof is hindered by another obstacle.

§ 377

Extension of the deadline

(1) If the authority of another Member State informs the judicial authority that it is unable to comply with the time limit set for assessing compliance with the conditions for the execution of the European investigation order, it may be extended by a maximum of 30 days.

(2) Where an authority of another Member State informs the judicial authority that it is unable to comply with the time limit or date for carrying out the legal aid operation to which the evidence is to be furnished, the judicial authority shall agree with it when such action will be carried out.

§ 378

Taking over the evidence

(1) The authority of the Czech Republic involved in the implementation of an act of legal aid in the territory of another Member State, under a European investigation order, is entitled to take over the evidence provided for in that act, provided that it is empowered to do so by the judicial authority which issued that order.

(2) If the judicial authority has been informed by another Member State's authority that the evidence provided by the action of legal aid under the European investigation order cannot be transmitted to the Czech Republic because it is needed for the purposes of another procedure, the judicial authority may request its temporary transfer to the Czech Republic for an agreed period of time.

(3) If the evidence provided in another Member State and submitted to the Czech Republic is no longer necessary for further proceedings and the authority of another Member State has requested its return, the judicial authority shall return the evidence to that authority; otherwise, when handling the proof, it follows the legislation of the Czech Republic.

§ 379

Regression entitlement of another Member State

Citation	Act No. 178 / 2018 Coll., amending Act No. 104 / 2013 Coll., on International Judicial Cooperation in Criminal Matters, as amended, and certain other laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	16.08.2018
Effective from	16.08.2018
Effective until	-
Status	Valid

Act No 178 / 2018 Coll.

Act amending Act No. 104 / 2013 Coll., on International Judicial Cooperation in Criminal Matters, as amended, and certain other laws

Contents