What is Act No. 422 / 2022 Coll.?

Act No. 422 / 2022 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. 422 / 2022 Coll. effectiveness?

Act No. 422 / 2022 Coll. became effective 01.01.2023.

Is Act No. 422 / 2022 Coll. still valid?

Yes, Act No. 422 / 2022 Coll. is still valid and effective.

How many times was it Act No. 422 / 2022 Coll. amended?

Act No. 422 / 2022 Coll. has 3 time versions of the text.

Act No. 422 / 2022 Coll.

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

Valid Law Effective from 01.01.2023

Text versions: 01.01.2023 20.12.2022

ČÁST PRVNÍ Čl. I „§ 45 „§ 48a „§ 59 § 60 § 61 „§ 65c „§ 66a „§ 96 „§ 134a § 134b „§ 135 „§ 137a „§ 140 „§ 205 „§ 208 „Díl 5 § 225a „Oddíl 1 „§ 233 „Díl 2 Oddíl 1 § 238a § 238b Oddíl 2 § 238c § 238d Oddíl 3 § 238e § 238f § 238g § 238h § 238i § 238j § 238k Oddíl 4 § 238l § 238m „§ 267 „Oddíl 1 „§ 284 „§ 295a „Díl 2 Oddíl 1 § 297a § 297b Oddíl 2 § 297c § 297d § 297e § 297f § 297g § 297h § 297i Oddíl 3 § 297j § 297k Oddíl 4 § 297l § 297m § 297n „§ 305 „§ 320 „§ 328 „§ 375a Čl. II ČÁST DRUHÁ Čl. III „§ 101b ČÁST TŘETÍ Čl. IV ČÁST ČTVRTÁ Čl. V ČÁST PÁTÁ Čl. VI ČÁST ŠESTÁ Čl. VII ČÁST SEDMÁ Čl. VIII „HLAVA I „§ 1 „HLAVA II „HLAVA III „HLAVA IV Díl 1 § 11a § 11b Díl 2 § 11c Díl 3 § 11d § 11e „HLAVA V ČÁST OSMÁ Čl. IX

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422

THE LAW

of 1 December 2022

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., Act No. 57 / 2017 Coll., Act No. 178 / 2018 Coll., Act No. 287 / 2018 Coll., Act No. 111 / 2019 Coll., Act No. 315 / 2019 Coll., Act No. 333 / 2020 Coll., Act No. 220 / 2021 Coll., and Act No. 261 / 2021 Coll., is amended as follows:

1. In Section 1, the words "and incorporate 'are replaced by the words" and are incorporated' and the words "and at the end of the text it follows directly applicable European Union53) 'are added.

Footnote 53 reads:

"(53) Regulation (EU) 2018 / 1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Judicial Cooperation in Criminal Matters (Eurojust) and replacing and repealing Council Decision 2002 / 187 / JHA. Regulation (EU) 2018 / 1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders. ';

2. In footnote 1, the sentence "Council Decision 2002 / 187 / JHA of 28 February 2002 establishing a European Judicial Cooperation Unit (Eurojust) to strengthen the fight against serious crime 'is deleted.

3. in Article 2 (a), the words "directly applicable European Union regulation" shall be replaced by "Council Regulation (EU) 2017 / 1939 implementing enhanced cooperation for the purpose."

4. In Paragraph 4 (3), the words "Agreement with the Ministry 'are replaced by the words" Ministerial observations'.

5. In the first sentence of Paragraph 4 (4), the words "the Agreement with the Ministry of Foreign Affairs and 'are replaced by the words" the expression of the Ministry of Foreign Affairs and, in agreement with' and in the second sentence, the words "such consent 'are replaced by the words" such expression and agreements'.

6. In the first sentence of Paragraph 10 (4), the words "first and third sentences' shall be deleted and the words" the authorities of which have transmitted such a person to the Czech Republic, to pay the costs associated with his surrender 'shall be replaced by the words "the costs associated with the surrender of such a person if the authorities of that foreign State have transmitted him or her to the Czech Republic or have attempted to do so, but the transfer of such a person has prevented the circumstances of that foreign State from being affected'; in the second sentence, the words" the foreign authority 'shall be replaced by the words "the authorities of a foreign State'.

7. In Article 10 (5), the words "to a foreign authority 'are replaced by the words" to a foreign State' and the words "from a foreign authority 'are replaced by the words" from a foreign State'.

8. In Article 11 (2), the words "the judicial authority shall submit to the Ministry the quantification of these costs and their justification, as well as any other necessary information for the purpose of applying their reimbursement to a foreign State. The Ministry shall, on the basis of quantification, replace" the judicial authority that issued the request for international judicial cooperation by the foreign authority or, if it is not an entity, the entity under which it belongs. "

9. In the last sentence of Paragraph 11 (3), the word "Ministry 'is replaced by" the judicial authority that has applied for international judicial cooperation or, if it is not an entity, the entity under which it belongs'.

10. in Article 11a (2), the words "property criminal penalties falling within the scope" shall be replaced by "sanctions which are property criminal penalties under" and "imposed in criminal proceedings" shall be replaced by "(hereinafter referred to as" property criminal penalties ")."

11. in Paragraph 12 (3):

"(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. '

12. In Article 12, the following paragraph 4 is added:

"(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 shall be provided by the institution of the Czech Republic which needs it for its action under this Act. '

13. In Paragraph 14 (2) of the Introductory Part of the provision, the words "of a Member State of the European Union (hereinafter referred to as" Member State ") 'are replaced by the words" of a Member State of the European Union (hereinafter referred to as "Member State') other than the Czech Republic '.

14. In the first sentence of Article 15 (1), the words "the European Unit for Judicial Cooperation established by law 'are replaced by the words" the European Union Agency for Judicial Cooperation in Criminal Matters established directly applicable'.

15. footnote 2 reads:

"(2) Regulation (EU) 2018 / 1727 of the European Parliament and of the Council. ';

16. In § 15 (2), § 193 (8), first sentence, § 203 (5), § 204 (3), first sentence, § 340 (2) and § 357 (3), the word "legal" shall be deleted.

17. in Article 21, paragraphs 3 and 4 are deleted;

18. in Paragraph 22 (2), the third sentence is deleted;

19. In Paragraph 22 (3), the last sentence is replaced by "The term of office of a national member's assistant shall be five years and may be repeated once."

20. In Section 25, the word "correspondent 'is replaced by" rapporteur'.

21. in § 25 (1) and in § 34 (1), first sentence, the word "correspondent" shall be replaced by "rapporteur."

22. in § 25 (2) of the introductory part of the provision, § 25 (3) and Article 34 (3), the word "correspondent" is replaced by "rapporteur."

23. In Paragraph 25, the following paragraph 4 is added:

"(4) The scope of the national correspondent's access to the register pursuant to Article 25 (3) of Regulation (EU) 2018 / 1727 of the European Parliament and of the Council shall be determined by the highest public prosecutor. ';

24. Article 26 shall be deleted, including the title.

25. in Article 27 (1) (a), the word "correspondents" is replaced by the word "rapporteurs."

26. in Paragraph 27 (1) (b), "correspondent" is replaced by "rapporteur."

27. Paragraph 27 (2) to (4), including footnote 4, is deleted and the designation of paragraph 1 is deleted.

28. Paragraph 28, including footnote 5, is deleted.

29. in Article 29 (1) and (2):

"(1) In addition to the powers laid down by the directly applicable European Union Regulation setting up Eurojust (2), a national member shall be entitled to:

(a) inspect the file kept for criminal proceedings;

(b) request the issue of a copy of the Register of Penalties and of a copy of the Offences Register,

d) obtain information processed in police records under the Police Act of the Czech Republic;

(e) to obtain data from the records of persons in the exercise of security detention, custody and enforcement of a prison sentence, conducted under the Act on the Prison Service and the Judicial Guard of the Czech Republic,

(f) obtain information from the registers of cases kept by courts and prosecutors for criminal proceedings; and

(g) request the court and, in the preparatory proceedings, the prosecutor for information on the status of the processing of an application for international judicial cooperation, request them for the removal of delays and set a deadline for the Office for the processing of an application for international judicial cooperation.

(2) A national member may propose to the judicial authority to submit or deal with an application for international judicial cooperation. The judicial authority shall assess such a proposal without undue delay. ';

30. Article 30 to 32 shall be deleted, including the headings.

Article 31 (45) reads:

„§ 45

(1) Where an act referred to in the fourth to seventh sections of the fourth to seventh sections of the Code of Criminal Procedure is to be carried out outside the territory of the Czech Republic, or where an order, permit or order against which a complaint is not admissible is required, the competent judicial authority may issue such an order, permit or order, or grant such consent, unless the execution of an action cannot be obtained without its issue or grant.

(2) If a case or property is to be secured outside the territory of the Czech Republic and a decision against which a complaint is admissible is to be taken by the judicial authority at all times. The person to whom the case or property is to be secured shall be served only after the security has been carried out or the request has been granted by the foreign authority. Similarly, in accordance with the first sentence, the judicial authority shall also act where it decides to revoke the security, to restrict the security or to authorise the execution of an act involving a security or property or any other act involving a security or property. ';

32. In Paragraph 46, the words "at the request of a judicial authority, the Ministry shall agree 'shall be replaced by the words" the judicial authority shall agree or, if it is not an entity, the entity under which it falls'.

33. in Paragraph 47 (2) (h), the word "or" shall be deleted;

34. in Article 47 (2), the word "or" shall be added at the end of point (i).

35. in Article 47 (2), the following point (j) is inserted after point (i):

"(j) cross-border monitoring pursuant to § 63;"

36. The following Section 48a is inserted after Section 48:

„§ 48a

Jurisdiction of the Court of First Instance in preparatory proceedings and of the acts required for the purposes of the execution of the measure

(1) Where preparatory proceedings are conducted in a foreign State, the competent district court in the seat of the Regional Court with which the Regional Prosecutor is responsible for handling the request for legal aid shall be responsible for carrying out the action required for the processing of the request for legal aid; in the case of the Municipal Court in Prague District Court in Prague 1, in the case of the Regional Court in Prague District Court in Prague Prague East, in the case of the Regional Court in Pilsen District Court in Pilsen City and in the case of the Regional Court in Brno Municipal Court in Brno. The jurisdiction of the Court of First Instance shall not be changed if the case is withdrawn and ordered by another Regional Prosecutor or the procedure laid down in Paragraph 48 (6).

(2) In order to carry out the action required for the purpose of the execution of the measure assigned to it under Council Regulation (EU) 2017 / 1939, the district court shall be responsible at the seat of the court with which the public prosecutor operates, which has been designated as the place of office of the Assistant European Prosecutor; paragraph 1, the first part after the semicolon shall be used mutatis mutandis. If he is a court in which the Prosecutor's Office is responsible, which has been designated as the place of office of the Assistant European Prosecutor, the Supreme Court in Prague, is responsible for carrying out the act under the first sentence of the Circular Court for Prague 1. "

37. In the first sentence of Paragraph 52 (2), the word "third 'is replaced by" last' and in the second sentence, the words "security 'is replaced by" or, where reciprocity is guaranteed in respect of non-translation, a translation'.

38. In Paragraph 52 (3), the sentence "By means of a judicial authority which shall draw up a report on service, the document may also be served in the case referred to in paragraph 2 of the last sentence. '

39. In Paragraph 55, the word "Ministry" is replaced by "judicial authority or, if it is not an entity, the entity under which it falls."

40.

„§ 59

Hidden investigation in the Czech Republic

(1) On the territory of the Czech Republic, an agent of a foreign security corps may be used.

(2) For the purposes of criminal proceedings conducted in the Czech Republic, the use of a member of the foreign security corps as an agent shall be authorised by the President of the Chamber of the Court of First Instance, acting on a proposal from the Prosecutor-General of the Supreme Court, in the district of which the prosecutor filing the application is active.

(3) For the purposes of criminal proceedings conducted in a foreign state, the use of a member of the foreign security corps as an agent is permitted, on a proposal from the Prosecutor General of the Prosecutor's Office in Prague, by the Judge of the Supreme Court in Prague. The Attorney General of the Attorney General's Office in Prague can only submit a proposal at the request of the foreign authority for legal aid.

(4) In carrying out the tasks referred to in paragraph 1, a foreign security officer shall, to the extent necessary to carry out these tasks, exercise the authority and duties of a member of the Police of the Czech Republic or of a General Inspection of Security Corps. In carrying out operations on the territory of the Czech Republic, he is bound by the law of the Czech Republic and his activities are managed by a member of the Police of the Czech Republic established under the Law on the Police of the Czech Republic or by a member of the General Inspection of Security Corps established under the Act on General Inspection of Security Corps.

§ 60

Hidden investigation on the territory of a foreign State

(1) A member of the Police of the Czech Republic or a member of the General Inspection of Security Corps may be used in the territory of a foreign State as an agent.

(2) For the purposes of criminal proceedings conducted in the Czech Republic, the consent of the competent foreign authority should be sought before the use of a member of the Police of the Czech Republic or of a member of the General Inspection of Security Corps as agent and after the authorisation pursuant to § 158e (4) and § 158f of the Code of Criminal Procedure. The application for legal aid shall be lodged by the Prosecutor General of the Attorney General's Office, after the prosecution has been brought by the Court of First Instance.

(3) The request for legal assistance referred to in paragraph 2 shall also include a request for communication of the conditions under which a member of the Police of the Czech Republic or a member of the General Inspection of Security Corps may be used as an agent in the territory of a foreign State.

(4) The secondment of a member of the Police of the Czech Republic or a member of the General Inspection of Security Corps to the territory of a foreign State for the purpose of its use as an agent shall be decided by the Police President after the conditions set out in paragraph 2 for a member of the Police of the Czech Republic and for a member of the General Inspection of Security Corps.

§ 61

Hidden investigation using a member of the Police of the Czech Republic or a member of the General Inspection of Security Corps in the Czech Republic for the purpose of criminal proceedings conducted in a foreign state

(1) A member of the Police of the Czech Republic or a member of the General Inspection of Security Corps may be used in the territory of the Czech Republic as an agent for criminal proceedings conducted in a foreign state.

(2) The use of a member of the Police of the Czech Republic or a member of the General Inspection of Security Corps as an agent is authorised by the Supreme Prosecutor's Attorney General in Prague, on a proposal from the Attorney General, by a judge of the Supreme Court in Prague. The Attorney General of the Attorney General's Office in Prague can only file a motion at the request of the foreign authority for legal aid. "

41. the following Section 65c is inserted after § 65b:

„§ 65c

In the framework of the allocation of the measure or execution of the measure allocated to it under Council Regulation (EU) 2017 / 1939, the European Delegated Prosecutor may also exercise the authorisations which are in connection with the filing or processing of a request for legal assistance relating to a hidden investigation, cross-border surveillance, cross-border surveillance or surveillance of consignments to the Prosecutor General's Office or to the Regional Prosecutor's Office in Prague. '

42. The following Section 66a is inserted after Section 66:

„§ 66a

Security of the case

The judicial authority shall issue a request for legal assistance to the foreign authority for the purpose of ensuring the enforcement of the decision on the basis of which the amount of money is to be paid up to the value of the proceeds of crime, by issuing a decision on the provision of a replacement value in accordance with Paragraph 79g of the Code of Criminal Procedure up to the amount of the anticipated proceeds of crime. ';

43.In Paragraph 74 (4), the words' shall be refused 'shall be replaced by' may be denied ';

44. In Paragraph 79 (10), the words "a new application and 'are replaced by the words" a new application without delay and at the same time' and the words "without undue delay 'are replaced by the words" without delay'.

45. In Paragraph 79, the sentence "It shall be treated in a similar manner at the end of paragraph 10 if the person for whom the request is made and in respect of whom the request referred to in paragraph 1 was previously made pursuant to the detention order has been served with a resolution initiating the prosecution. '

46. In Paragraph 83, the following paragraph 2 is inserted after paragraph 1:

"(2) The transfer of a person from a foreign state to the Czech Republic shall be ensured by the Police of the Czech Republic no later than 48 hours after its receipt from the authorities of a foreign State; where that period has elapsed when the person carried is on board a ship or another vessel or aircraft or other means of air transport, it shall be extended by the time necessary for the surrender of that person to the competent authorities of the Member State where the nearest port to which such ship or other vessel arrives or the State of arrival is situated. The time limit for the delivery of the defendant to the court or the time limit for the submission of an application to take a person into custody shall begin to run

(a) crossing the national border of the Czech Republic if the transport of a person from a foreign state is ensured by land or water transport; or

(b) since landing on the territory of the Czech Republic in the case of air transport. ';

Paragraphs 2 and 3 shall become paragraphs 3 and 4.

47. In the first sentence of Paragraph 83 (4) and in the first sentence of Paragraph 306 (2), the words' criminal offences' shall be replaced by 'acts'.

48. At the end of Section 84, the words "and its expiry 'shall be added.

49. in Article 84 (1) and in Article 197 (1), points (c) and (d) are deleted;

Points (e) and (f) shall be renumbered as points (c) and (d).

50. in Paragraph 84 (3), "to (d) or (f)" shall be replaced by "(b) or (d)";

51. In Paragraph 84, the following paragraph 4 is added:

"(4) The application under Paragraph 79 (1) shall cease to be valid if the person has been supplied with:

(a) a court or police authority; or

(b) a prison or facility for the execution of a safeguard measure. ';

52. In Paragraph 85, the following paragraph 7 is added:

"(7) Where an international contract so provides, the person concerned may be deprived of or subject to a custodial sentence or a protective measure relating to the deprivation of liberty for an action for which the additional consent of a foreign State referred to in paragraph 1 (e) has been requested, even before the additional consent of a foreign State has been granted. The court shall immediately inform the Ministry of the deprivation of liberty or the initiation of the execution of a custodial sentence or protection measure linked to the deprivation of liberty and shall at the same time inform the court of the reasons for which it was not possible to obtain additional consent from a foreign State pursuant to paragraph 1 (a). (e) prior to the deprivation of liberty of the person given or the commencement of the sentence of imprisonment or of a protective measure relating to deprivation of liberty. The Ministry shall immediately inform the foreign State thereof. Where a foreign State notifies that it does not agree to deprivation of liberty or the execution of a custodial sentence or protective measure linked to deprivation of liberty or that it has not given additional consent under paragraph 1 (e), the person issued shall be released without delay. ';

53. In the first sentence of Article 87 (1) and in the first sentence of Article 202 (1), the words "stay 'are replaced by the words" stay'.

54. in Article 91 (1) (m), the words "court or other judicial authority" shall be inserted after the words "end of the decision" and the words "(a) or (b)" shall be inserted after the words "2."

55. in § 92 (8) and § 203 (10) last sentence, the number "2" is replaced by "1."

56. In Paragraph 95 (3), the last sentence is replaced by the following: "A complaint against these decisions is admissible from a public prosecutor who, with the exception of a complaint against a decision under the sentence of the first suspensive effect. The decision rejecting the application of a public prosecutor shall end at the time of the acquisition of legal power; However, if the application by the State Prosecutor has been rejected for the reasons set out in the sentence first, the proceedings shall be brought back to the preliminary investigation. ';

57. Paragraph 96, including the title, reads:

„§ 96

Simplified edition

(1) If the person concerned declares that he wishes to give his consent to be extradited to a foreign State, the provisions of § 90, § 91 (1) (a), (c) to (g), (j) and (m) and § 92 (7) (a) shall not be used and the prosecutor shall, after an interim investigation, also establish the existence of grounds for postponement, shall, instead of the application referred to in § 95 (1), submit a motion to the court for a measure of the consent of that person to issue. Where a public prosecutor finds that one of the grounds for inadmissibility of extradition referred to in § 91 (1) (b), (h), (i), (k), (l), (n), (o) or (p) is given, he shall, as if the person to whom the extradition relates, make no declaration that he wishes to give his consent to extradition; It shall proceed mutatis mutandis if the person concerned withdraws a declaration that he wishes to grant consent to the issue.

(2) Consent to extradition shall be given after the application referred to in paragraph 1 by the person for whom extradition is sought before the President of the Chamber in the presence of a lawyer in a custody or public session. Before such consent is given, the person concerned shall be informed by the President of the Chamber of the importance of such consent, in particular that extradition shall be carried out without decision on admissibility and without authorisation of extradition, as well as the consequences associated with it, including waiving the application of the principle of speciality. Consent to extradition cannot be withdrawn.

(3) If the person concerned does not give the consent referred to in paragraph 2, the proceedings shall be returned to the preliminary investigation and the prosecutor shall proceed as if that person had not made a declaration of his wish to consent to the extradition. If, for the unknown stay of the person to whom the extradition is sought, the President of the Chamber has repeatedly failed to arrange for his or her presence in a detention or public session, the President of the Chamber shall decide to reject the application referred to in paragraph 1, thereby returning the proceedings to the preliminary investigation and the Prosecutor shall proceed as if he or she had not made a declaration that he or she wishes to give his or her consent to the extradition.

(4) If the person to whom the extradition is sought has given his consent pursuant to paragraph 2, the provisions of paragraphs 95 and 97 shall not apply and the President of the Chamber shall decide, in a binding or public session, to take that person into custody or to convert the provisional link to a binding pursuant to paragraph 101 (1) or to postpone the extradition pursuant to paragraph 99. However, if the President of the Chamber finds that one of the grounds for inadmissibility of extradition referred to in § 91 (1) (b), (h), (i), (k), (l), (n), (o) or (p) is given, he shall decide to reject the application referred to in paragraph 1. A complaint shall be admissible against the decision to reject the application referred to in paragraph 1. At the moment when the decision to reject the application referred to in paragraph 1 is taken, the procedure shall be returned to the preliminary investigation and the prosecutor shall proceed as if the person concerned had not made a declaration of his wish to consent to the extradition.

(5) If, after the submission of the application referred to in paragraph 1, the reason for the termination of the preliminary investigation referred to in Article 92 (7) (c), (e) or (g) or the reason for the termination of the preliminary investigation referred to in Article 92 (7) (d) has been established, the President of the Chamber shall decide to reject the application. If the person concerned is in custody at the time of the court's decision, the President of the Chamber shall decide to release him. Such decisions shall be subject to an admissible complaint from a prosecutor having suspensory effect. The extradition procedure shall end by the decision rejecting the application referred to in paragraph 1; The court shall immediately inform the Ministry of the acquisition of the legal power of this decision.

(6) Where the person to whom the extradition is sought gives his consent to the extradition only during a public session held on the admissibility of the extradition, the prosecutor shall withdraw his application pursuant to Paragraph 95 (1) and the court shall decide to take that person into extradition custody or to convert the provisional link into an extradition bond pursuant to Paragraph 101 (1) or to postpone the extradition pursuant to Paragraph 99. The application referred to in Paragraph 95 (1) may be withdrawn by the prosecutor at the latest until the court has taken up its final deliberations.

(7) The provisions of paragraph 6 shall not be used if the public prosecutor finds that one of the grounds for inadmissibility of extradition referred to in § 91 (1) (b), (h), (i), (k), (l), (n), (o) or (p) is given.

(8) The President of the Chamber shall immediately inform, through the Ministry, a foreign State requesting or likely to request extradition, the consent of the person to issue and the consequences thereof. ';

58. in Paragraph 97 (2), the second sentence is deleted;

59. In Paragraph 99 (1), the first sentence is replaced by the following: "The President of the Chamber may decide to postpone the extradition of a person for the period during which he will be deprived of his liberty in the Czech Republic in respect of an act other than that which is the subject of a request for extradition, for the purposes of criminal proceedings conducted in the Czech Republic, including the execution of an unconditional custodial sentence or a protective measure linked to the deprivation of his or her liberty imposed by a court of the Czech Republic or to be executed in its territory by a final decision of the court of the Czech Republic."

60. In the second sentence of Paragraph 99 (1), the word 'expression' is replaced by 'award'.

61. In Paragraph 99 (2) (d), the words "the person for whom the extradition is sought has been finally imposed an unconditional custodial sentence or a protective measure linked to deprivation of liberty" shall be replaced by the words "the person for whom the extradition is sought shall have an unconditional custodial sentence or a protective measure linked to deprivation of liberty in the Czech Republic."

62. In Paragraph 99, the words "if the prosecutor did not request them 'shall be added at the end of the text of paragraph 3.

63. In Paragraph 99, the words "the moment when the person is taken into custody in a criminal proceedings conducted in the Czech Republic or the time when the execution of an unconditional custodial sentence or a protective measure involving the deprivation of liberty for which extradition is deferred 'shall be added at the end of paragraph 4.

64. In § 100 at the end of paragraph 4 and in § 211 at the end of paragraph 5, the sentence "If such a person is found in an establishment for the exercise of a protective measure linked to deprivation of liberty, the President of the Chamber shall seek the opinion of that establishment before a decision on temporary surrender."

65. In the first sentence of Paragraph 100 (6) and in the second sentence of Paragraph 211 (2), the words "which must not exceed 1 month 'are deleted.

66. In Paragraph 100 (6), the following sentence is inserted after the first sentence: "This period may not be more than 1 month, if the person is in custody or 6 months, if the person is in the exercise of an unconditional custodial sentence or a detention order."

67. In the first sentence of Paragraph 101 (1), the words "on a proposal from a public prosecutor 'are replaced by the words" after the consent of the person to issue'.

68. In Paragraph 103, the following paragraph 4 is inserted after paragraph 3:

"(4) Where, in accordance with an international agreement, a foreign State takes a person into custody in the proceedings referred to in paragraph 1 (a) or (c), or begins to exercise a custodial sentence or protective measure relating to the deprivation of liberty for an act for which it has applied for consent under paragraph 1, before that consent is granted, the court shall, without undue delay, decide whether it agrees to the detention of the deprivation of liberty and the grounds for which it could not have previously obtained consent under paragraph 1; in the preliminary investigation, it shall do so on a proposal from the State Prosecutor who shall submit it without undue delay upon receipt of this information. A complaint against this decision is admissible. The court shall immediately inform the Ministry and the Ministry of Foreign Affairs of the final decision. If a foreign State has not shared the reasons for which it could not have previously obtained consent under paragraph 1, the Ministry shall apply the provisions of Paragraph 88 (3) accordingly. '

Paragraph 4 shall become paragraph 5.

69. In the first sentence of Paragraph 116, the words "the authority which decided to take over the criminal proceedings' are replaced by" the judicial authority '.

70. in the second sentence of Article 120 (2), the words "(g), (l) or (m) 'are replaced by the words" (e) or (f) or (d) (205)';

71. In the second sentence of Paragraph 121 (3), the word 'goods' is replaced by 'property'.

72. In Paragraph 123, the following sentence is added at the end of paragraph 1: "If the person against whom the decision imposing the forfeiture or the prevention of a case, property or part of it or the replacement value thereof, has died or been declared dead after a final decision has been made in a foreign State, his guardian shall be entitled to attend a public meeting; Paragraph 239a of the Penal Code shall be applied mutatis mutandis. ';

73. In Article 124, the following paragraph 4 is inserted after paragraph 3:

"(4) The alien decision on the basis of which the amount of money is to be paid up to the value of the proceeds of crime shall be recognised by the court by declaring forfeiture or preventing the funds or other items belonging to the accused or the person concerned from being replaced up to the amount of the sum of money referred to in the foreign decision."

Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.

74. Paragraph 124 (6) reads as follows:

"(6) If the court recognises a foreign court's decision only for one of the acts covered by the foreign court's decision, or only for part of the sentence or protection measure as a result of a fact for which the foreign court's decision has become partly inoperative, it shall determine, in the decision referred to in paragraph 2, what proportion of the sentence or safeguard measure shall be taken in the Czech Republic. Where recognition has been proposed in the Ministry's proposal in respect of all acts covered by the foreign decision or in respect of the whole sentence or safeguard measure, the court shall in that case reject the Ministry's proposal in the remainder. '

75. In Paragraph 125, the following paragraph 2 is inserted after paragraph 1:

"(2) Paragraph 1 (b) shall not be used if the application for recognition and enforcement of a foreign decision imposing forfeiture or preventing a case, property or part thereof, or a replacement value thereof, is made to a person who, after having taken a final decision in a foreign State, has died or been declared dead."

Paragraphs 2 and 3 shall become paragraphs 3 and 4.

76. In the second sentence of Paragraph 125 (4), "2 'is replaced by" 3'.

77. In the first sentence of Article 131 (1), the words "to be carried out in a prison or a detention centre 'shall be inserted after the words" to be carried out in a detention centre' and the words "to be carried out in a detention centre 'shall be replaced by the words" to be carried out in a detention facility'.

78. The following Sections 134a and 134b are inserted after Section 134:

„§ 134a

Enforcement of the foreign property decision

(1) If this is not apparent from the recognised foreign property decision, the President of the Chamber shall inform the organizational body of the State which, under the Law on the property of the Czech Republic and its presentation in legal relations, is responsible for the management of the property of the Czech Republic, indicating that it is property forfeited or prevented by a recognised foreign law and indicating when such a decision has become legal. The President of the Chamber shall also state that this is not a criminal offence.

(2) The Ministry shall immediately inform the foreign State of the forfeiture or of the prevention of property and shall at the same time inform it that, if, within 3 months of the date on which the decision on the recognition and enforcement of the foreign decision is taken, it will not be informed of the reason for the forfeiture or the prevention of such property, it will be treated as the property of the Czech Republic.

(3) Where a foreign State informs the Ministry, within the period referred to in paragraph 2, of the reason for the forfeiture or the prevention of property, in particular that the penalty or safeguard measure has already been carried out in whole or in part in another State or the person against whom the foreign decision is directed has voluntarily paid the amount requested, the Ministry shall immediately inform the organizational body of the State referred to in paragraph 1 and the court which decided to recognise and enforce the foreign decision; the court shall at the same time inform whether the foreign State insists on the recognition and enforcement of the foreign decision to the extent that it does so. Subsequently, the court shall revoke its previous judgment on the recognition and enforcement of the foreign decision. Where the said ground applies only to a part of the forfeited or seized property and the foreign State insists on the recognition and enforcement of the foreign decision to the extent that is required, the court shall recognise the foreign decision to the extent that it has annulled its previous judgment; the decision is taken by the court on its own motion by the Ministry. If it is necessary to ensure the enforcement of a recognised foreign order, it shall also decide to secure the property covered by the judgment on the recognition and enforcement of the foreign decision. The cancelling decision and, where applicable, the new judgment on the recognition and enforcement of the foreign decision shall be served by the court to the person against whom the foreign decision is directed, by the prosecutor, the lawyer, if elected or established, on the organisational component of the State referred to in paragraph 1 and the Ministry. The Ministry will inform a foreign state. Paragraph 127 shall apply mutatis mutandis.

(4) If, before the end of the period referred to in paragraph 2, a foreign State notifies the Ministry that there is no reason to prevent the forfeiture or to prevent property, the Ministry shall immediately inform the court which recognised the foreign decision and the organisational body of the State referred to in paragraph 1.

§ 134b

Enforcement of the United Kingdom's property decision

(1) If this is not apparent from the foreign decision concerning assets recognised under the Agreement on Trade and Cooperation between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, of 30 April 2021 ("the Agreement between the Union and the United Kingdom '), the President of the Chamber shall inform the organisational part of the State which, under the Law on the Property of the Czech Republic and its legal relations, is responsible for the management of the property of the Czech Republic, stating that it is forfeited or seized under the Agreement between the Union and the United Kingdom, and shall indicate when such a decision has acquired legal authority. The President of the Chamber shall also indicate whether the offence is property; in case of doubt, this should be verified with the United Kingdom of Great Britain and Northern Ireland (hereinafter" the United Kingdom'). If it is not a criminal offence, the President of the Senate shall draw the attention of the organisation to the obligation to share the property with the United Kingdom and shall at the same time inform the organisation of the person to whom the foreign authority is to send the relevant part of the property.

(2) The Ministry shall immediately inform the United Kingdom of the forfeiture or of the loss of property, and at the same time inform the United Kingdom that, if, within 3 months of the date on which the decision on the recognition and enforcement of the foreign decision has not been taken, it will not be informed of the ground for forfeiting or preventing such property, or of a claim for damages or non-property damage, or of the issue of an unjustified enrichment or of its right to recovery, it will be treated as a property of the Czech Republic in accordance with its law.

(3) Paragraph 134a (3) and (4) shall apply mutatis mutandis.

(4) If, within the period referred to in paragraph 2, the United Kingdom informs that the forfeited or seized property is to be returned to the injured party, the Ministry shall immediately inform the court which recognised the foreign court and the organisational body of the State referred to in paragraph 1 thereof. Where the conditions for the issue of property damaged under Paragraph 80 of the Penal Code are met, the court shall, mutatis mutandis, act in accordance with Paragraph 134a (3) and decide at the same time to issue the property to the injured party.

(5) Where, within the period referred to in paragraph 2, the Ministry is informed by the United Kingdom of a decision granting the injured party in a foreign State a claim for compensation or non-property damage or for the grant of unjustified enrichment, the Ministry shall forward this information to the court which recognised the foreign decision. ';

79. Paragraph 135, including the title:

„§ 135

Sharing of forfeited or seized property

(1) If such a procedure is permitted by an international treaty or where reciprocity is guaranteed, the Czech Republic may conclude an agreement with a foreign State on the sharing of assets which has been forfeited or prevented by a recognised foreign decision. The Ministry of Finance shall be responsible for concluding the Agreement; an application for such an agreement may be lodged by a court which has decided to recognise and enforce a foreign decision at first instance or by the Ministry. The Tribunal or the Ministry shall provide the Ministry of Finance, at its request, with the necessary synergies for the purposes of concluding the Agreement.

(2) If the Czech Republic does not agree otherwise with the United Kingdom on assets forfeited or withheld under a foreign decision recognised under the Agreement between the Union and the United Kingdom, the property shall be shared as follows, after the potential satisfaction of the victim's claim for compensation, non-property damage or wrongful enrichment:

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Regulation Information

Citation	Act No. 422 / 2022 Coll., amending Act No. 104 / 2013 Coll., on International Judicial Cooperation in Criminal Matters, as amended, and certain other laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	20.12.2022
Effective from	01.01.2023
Effective until	-
Status	Valid

Legal Areas: Information, Data, Data International law International public law Judicial and Public Prosecutor's Office Administrative law Criminal law Criminal law Constitutional (state) law

Parliamentary Paper: Paper No. 175

The regulation text is for informational purposes only.