What is Act No. 457 / 2008 Coll.?

Act No. 457 / 2008 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended, and Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended — Act amending Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended, and Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended.

When it became Act No. 457 / 2008 Coll. effectiveness?

Act No. 457 / 2008 Coll. became effective 01.01.2009.

Is Act No. 457 / 2008 Coll. still valid?

Yes, Act No. 457 / 2008 Coll. is still valid and effective.

How many times was it Act No. 457 / 2008 Coll. amended?

Act No. 457 / 2008 Coll. has 3 time versions of the text.

Act No. 457 / 2008 Coll. - Act amending Act No. 141 / 1961 Coll., o...

457

THE LAW

of 10 December 2008

amending Act No. 141 / 1961 Coll., on the Criminal Procedure of the Court (Criminal Code), as amended, and Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its representation in legal relations, as amended

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Code of Criminal Procedure

Čl. I

Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006.

1. in Article 36 (4) (c) and (e):

"(c) in a procedure for extradition to a foreign State or for surrender to another Member State of the European Union,

(e) in proceedings for the recognition and enforcement of a foreign decision, in proceedings for the recognition and enforcement of a decision of another Member State of the European Union on criminal penalties and transactions to which a financial penalty or fine has been imposed, and in proceedings for the recognition and enforcement of a judgment of another Member State of the European Union on the forfeiture or prevention of property; or ';

2. In Paragraph 62 (1), "the holder of a postal licence 'is replaced by" the postal service operator'.

3. In the first sentence of Paragraph 79d (2), the word "court 'shall be replaced by the words" President of the Chamber and, in the preparatory proceedings, by the Prosecutor'.

4. In the second sentence of Paragraph 79d (2), the words "and, where this is not apparent from the order, the name, surname, birth number or date of birth and the permanent or other residence of the owner of the property, and if the security does not affect all the property of the owner of the property, indicate the property to which the collateral relates'.

5. In the third sentence of Article 79e (2), the words "and in preparatory proceedings to the Prosecutor 'shall be inserted after the words" the President of the Chamber'.

6. In the second sentence of Article 375 (3), "Article 393 (1) (b) to (j) and (2) 'is replaced by" Article 393'.

7. In Paragraph 378 (2), the words "nor shall they apply for purposes other than those for which they have been sent or requested 'are deleted.

8. Paragraph 380 (1) reads as follows:

"(1) A person issued or transferred from a foreign State following a request under this Title or a person to whom an arrest warrant has been issued by a court of the Czech Republic (§ 384), a European Arrest Warrant (§ 405), an arrest warrant (§ 69) or an order for delivery to the execution of a sentence (§ 321 (3)) and who is expelled or otherwise transferred from a foreign State under the law of that foreign State shall be taken from the authorities of a foreign State by the Police of the Czech Republic. This person will be transferred by the Police of the Czech Republic to the nearest detention prison or other prison or court, unless the detention has been decided on (§ 69 (4), § 387 (1)). The prison which took over the person shall be informed without delay by the competent court and prosecutors who supervise the prison. ';

9. In the first sentence of Paragraph 387 (1), the words' take over the police authorities and deliver 'shall be replaced by' take over the police of the Czech Republic and deliver '.

10. In the first sentence of Paragraph 389 (2), the words' or the law of the requested State 'shall be inserted after the word' bound '.

11. in Article 393 (1) (b), the words "which have been granted asylum status in the Czech Republic" shall be replaced by "which has been granted international protection in the Czech Republic."

12. in Article 393 (1) (g), the words "or criminal proceedings against the requested person for the same act" shall be inserted after the word "Republic."

13. in Article 393 (1), the word "or" shall be deleted at the end of point (i).

14. in Article 393 (1), at the end of point (j), the dot is replaced by a comma and the following points (k) to (p) are added:

"(k) there is a reasonable concern that criminal proceedings in the requesting State would not comply with the principles of Articles 3 and 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms, or the sentence of imprisonment imposed or foreseen in the requesting State would not be enforced in accordance with the requirements of Article 3 of that Convention;

(l) there is a reasonable concern that the requested person would be subjected to persecution in the requesting State on the grounds of his or her origin, race, religion, membership of a national or other group, citizenship or political views, or that his or her position in criminal proceedings or in the execution of a custodial sentence,

(m) by issuing to the requesting State, the person would be likely to be unduly affected by his or her age and personal circumstances, taking into account the gravity of the offence against which he or she is accused;

(n) the offence for which extradition is sought is not an extradition offence (§ 392);

(o) criminal proceedings against the same action brought against the requested person in a foreign State have ended in a final judgment of the court or by a court or other authorised authority having the same effect, or ended in another decision having the same effect, if such a decision has not been annulled in the prescribed procedure and if the sentence, if the requested person has been imposed, has already been enforced; or

(p) the prosecution for the same offence against the requested person in the Czech Republic has ended with a final judgment of the court or by a decision of the court or of the public prosecutor having the same effect, or by another decision having the same effect, unless such decision has been annulled in the prescribed procedure. "

15. Paragraph 393 (2) is deleted and paragraph 1 is deleted.

16.

„§ 394

Preliminary investigation

(1) The Prosecutor of the Regional Prosecutor, to whom the Ministry of Justice or the Supreme Prosecutor has sent a request to a foreign State for extradition or who has learned of a crime for which a foreign State might request extradition, will conduct a preliminary investigation. The preliminary investigation shall be initiated by detaining a person pursuant to Paragraph 395 or requesting the necessary reports. In particular, the purpose of the preliminary investigation is to establish whether the extradition of a person to a foreign State does not impede the facts set out in Section 393.

(2) The procedure laid down in paragraph 1 shall not apply if there is insufficient information on:

(a) the person whose extradition is requested or may be requested;

(b) the existence of a judgmental judgment, an arrest warrant or any other decision having the same effect, issued in a foreign State to the person for whom extradition is sought or may be sought;

(c) an act for which extradition is sought or for which extradition may be requested, including an indication of the time and place of his commission and his legal qualifications, including the upper limit of the sentence which may be imposed for such action in a foreign State, or the amount of the sentence imposed for such action in a foreign State.

(3) The State Prosecutor shall hear such a person and inform him of the reason for his extradition, unless he has already done so during detention under Paragraph 395 (1). Where that person indicates and offers evidence that may be carried out without significant delay, the provisional investigation shall also apply.

(4) The Prosecutor shall terminate the preliminary investigation if:

(a) the foreign State which could apply for extradition has not delivered the extradition request despite repeated calls;

(b) the person to whom extradition is requested has died,

(c) the person for whom extradition is sought is not liable for criminal penalties under the law of the Czech Republic due to his age;

(d) the person requested to be extradited cannot be detained for immunity or privilege under law or international law;

(e) the person for whom extradition is requested is staying outside the territory of the Czech Republic or his place of residence is unknown;

(f) consent has not been given under Article 389 (1) (c) and (d);

(g) there has been a statute of limitations on the prosecution or execution of a custodial sentence in the requesting State; or

(h) the requesting State has withdrawn the request for extradition or otherwise informed that it is no longer interested in extradition.

(5) The preliminary investigation shall also be concluded by submitting a proposal pursuant to Article 397 (1) or a proposal pursuant to Article 398 (1).

(6) The prosecutor shall immediately inform the Ministry of Justice and the lawyer of the termination of the preliminary investigation referred to in paragraph 4. "

17. In the first and second sentences of Paragraph 395 (1): "If there is a reason for provisional detention pursuant to Paragraph 396 (1) and the information referred to in Paragraph 394 (2) is known, the prosecutor or, with his consent, the police authority may detain the person for whom the extradition is sought. The police authority shall be entitled to carry out the detention of such a person without the prior consent of the prosecutor, if the case cannot be delayed and the consent of the prosecutor cannot be obtained in advance. ';

18. In the third sentence of Article 395 (1), the words "(Article 396 (1)) 'are deleted.

19. In Article 395 (2), the first and second sentences are replaced by the following: "The prosecutor or police authority which has carried out the detention shall hear the detainee and a record shall be drawn up indicating the place, time and close circumstances of the detention and giving the personal data of the detainee as well as the essential reasons for the detention. In the course of detention, the detainee shall be informed of the possibility of accepting his extradition in a foreign state and of the conditions and consequences of giving such consent, including the fact that the surrender of the principle of speciality is linked to his consent. ';

20. Sections 396 to 398, including the headings, read:

„§ 396

Preliminary link

(1) If the facts established justify a concern for the escape of the person concerned, the President of the Chamber of the Regional Court, in whose territory that person is resident or detained, may, on application by the prosecutor conducting the preliminary investigation and following the application for a decision pursuant to Paragraph 397 (1), decide, without such a proposal, to take him into provisional custody. A complaint is admissible against a decision to take up provisional custody. Paragraph 77 (2) shall apply mutatis mutandis to decisions on the detainee.

(2) The first sentence of Paragraph 72 (1) (a), § 72 (2) (a), § 72 (3) and (4), § 73, 73a, § 73b (3), § 74 shall apply mutatis mutandis to the decision on the release from pre-detention and the replacement thereof, with regard to Article 72 (2) (a), Article 72 (3) and (4), Article 73, Article 73a, Article 73b (3), Article 74, where those provisions refer to preparatory proceedings, this shall be understood as a preliminary investigation.

(3) The person concerned must be released immediately from provisional custody if the preliminary investigation has been initiated without a request from a foreign State for extradition and this request has not been received by the Czech Republic within 40 days of the date of withdrawal into provisional custody. In such a case, the release from pre-detention shall not preclude a reentry into pre-detention where the request for extradition is received retrospectively.

§ 397

Decision on the admissibility of extradition

(1) Following the completion of the preliminary investigation, the regional court within whose territory the person whose extradition is, or has been detained shall decide, on a proposal from the State Prosecutor, whether the extradition is admissible. The provisions of Paragraph 188 (1) (e) on the return of a case to the State Prosecutor for further investigation shall not apply. There is an admissible complaint against this decision which has suspensory effect. If a person has been extradited to the Czech Republic from a foreign State, the court may decide that extradition is only admissible if the issuing State agrees to extradition to another State. If this person has been transferred to the Czech Republic on the basis of a European arrest warrant, the court may decide that extradition is only admissible if the transferring State agrees to extradition to another State.

(2) If the court declares that extradition is not admissible and the person to whom extradition is sought is in provisional custody, it shall decide at the same time whether to release him. A complaint with suspensive effect shall be admissible against this Decision; the complaint of the prosecutor has suspensory effect only if it has been lodged immediately after the decision has been published.

(3) The President of the Chamber of the Regional Court shall, after the legal authority of the decision referred to in paragraph 1 or 2, refer the matter to the Ministry of Justice. If the Minister of Justice has doubts as to the accuracy of the court's decision, he may refer the case to the Supreme Court for review no later than three months after the date on which the case was brought before the Ministry of Justice.

(4) The Supreme Court shall, after examining the case, proceed mutatis mutandis in accordance with paragraphs 1 to 3.

§ 398

Simplified edition

(1) If, before the President of the Chamber, the person concerned declares in the presence of a lawyer that he or she agrees to be extradited to a foreign State, the provisions of § 393 (c) to (f) and (n) to (p), § 397 and 399 shall not apply, and the prosecutor shall, after the preliminary investigation, submit a motion to the Regional Court referred to in § 397 (1) to take that person into custody or to convert the provisional link to the extradition link, or submit a motion to postpone the extradition. If a prosecutor finds that one of the grounds for inadmissibility of extradition is given in accordance with § 393 (a), (b) or (g) to (m), he shall proceed as if he had not expressed his consent to extradition.

(2) Where the person to whom the extradition is sought gives his consent to the extradition only during a public meeting held on the admissibility of the extradition, the prosecutor shall withdraw his proposal under Paragraph 397 (1) and proceed in accordance with paragraph 1. It may withdraw the application at the latest until the court has taken up its final deliberations.

(3) The person concerned must be informed, before giving his consent, by the President of the Chamber, in the presence of a lawyer of the importance of such consent, in particular that the extradition will be carried out without a decision on the admissibility and 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.

(4) The public prosecutor shall immediately inform, through the Ministry of Justice, a foreign State which could request or request extradition of the consent of the person to whom it relates to its extradition. ';

21. Sections 399 and 400, including the headings, read:

„§ 399

Issue authorisation

(1) Extradition to a foreign State is authorised by the Minister of Justice. It can only do so if the court has ruled under Paragraph 397 that extradition is admissible.

(2) Even if the court declares that extradition is admissible, the Minister of Justice may decide not to allow extradition. The issue shall not always be permitted if it has decided on the merits of the execution of the European arrest warrant pursuant to Paragraph 420 (3).

(3) If the court decides, pursuant to Paragraph 397, that extradition is not admissible, the Ministry of Justice shall notify a foreign State requesting extradition that extradition cannot be authorised.

(4) The Minister of Justice shall terminate the extradition procedure, if, after the case has been referred to him pursuant to Paragraph 397 (3), the ground for termination of the preliminary investigation pursuant to § 394 (4) (b), (d), (e), (g) or (h).

(5) The release of a person whose extradition has not been authorised by the Minister of Justice pursuant to paragraph 2 by the first sentence or in respect of whom he has completed the extradition proceedings pursuant to paragraph 4 shall be ordered by the President of the Chamber of the Regional Court who has made the decision.

§ 400

Delay of extradition

(1) Where the presence in the Czech Republic of a person whose extradition is necessary in relation to a criminal offence other than that which is the subject of a request for extradition to a foreign State, for the purposes of criminal proceedings conducted in the Czech Republic or the execution of a sentence imposed by a court of the Czech Republic, the President of the Chamber of the Regional Court referred to in Article 397 (1) may decide to postpone the extradition of such person to the requesting State. The decision to postpone the extradition may be taken by the President of the Chamber after the Minister of Justice has authorised the extradition of a person or after the consent of the person to whom it is issued has been given in the simplified edition (Section 398 (1)) until the transfer of the person to the authorities of the requesting State (Section 400b (3)). When deciding to postpone extradition, the President of the Chamber shall take into account in particular the seriousness of the offence for which a person is to be extradited, the gravity of the offence in respect of which the postponement of extradition is proposed, the possibility of transferring or extradition from the requesting State back to the Czech Republic, as well as the possibility of temporary transfer of a person to the requesting State.

(2) The President of the Chamber may decide to postpone the issue on a proposal from

(a) the Ministry of Justice,

(b) the public prosecutor referred to in § 394 (1),

(c) the court and in the preparatory proceedings of the Prosecutor responsible for conducting criminal proceedings in the Czech Republic,

(d) a court which has imposed a custodial sentence on the person in question; or

(e) the person whose issue is concerned.

If the application for a postponement of extradition has not been lodged by the Prosecutor or by a court, the President of the Chamber shall request their opinions before the decision to postponement of extradition.

(3) Where the person is in provisional or extradition custody, the President of the Chamber shall, at the same time as the decision to postpone his or her extradition, decide to release him or her from such detention.

(4) If the reason for the postponement of extradition is left aside, the President of the Chamber of the Regional Court, who has decided to postponement of extradition, shall decide to take the person into custody in accordance with § 400b.

(5) The President of the Chamber of the Regional Court, which has decided to postpone extradition, shall terminate the extradition procedure if the reason for the termination of the preliminary investigation is set out in Article 394 (4) (b), (d), (e), (g) or (h). The President of the Chamber shall proceed in the same way if, in view of the change in circumstances, the Minister of Justice has changed his decision to authorise the issue and extradition. '.

22. The following Sections 400a and 400b are inserted after Section 400:

„§ 400a

Temporary transmission

(1) The President of the Chamber of the Regional Court referred to in § 397 may decide to authorise the temporary transfer to the requesting State of the person to carry out the necessary procedural acts of criminal proceedings. The decision shall specify a reasonable period which may not exceed six months in which the person temporarily transferred must be returned to the Czech Republic.

(2) The period referred to in paragraph 1 may be extended, in agreement with the competent authority of the requesting State, only for the same purpose for which the temporary transfer has been authorised. The temporary transfer of a person may also be repeated.

(3) The temporary transfer shall be carried out by the court referred to in paragraph 1.

(4) If, at the time of the temporary transfer, the person to whom the extradition relates has been definitively sentenced in the territory of the requesting State for an offence for which extradition has been granted, the President of the Chamber of the Regional Court which has authorised the temporary surrender may, on the request of the requesting State, decide to postpone his return to the territory of the Czech Republic until the sentence of imprisonment has been terminated in the territory of the requesting State. This procedure is excluded if the prosecution of the person whose extradition is concerned has not been terminated in the Czech Republic.

(5) The period during which the temporarily transferred person was in custody in a foreign State shall be counted against the period of execution of the sentence in the Czech Republic only to the extent that he was not included in the execution of the sentence imposed in the territory of the requesting State. The period of time spent in the execution of the sentence imposed on the territory of the requesting State shall not be counted until the time of execution of the sentence in the Czech Republic.

§ 400b

Issue and execution of the issue

(1) Following the decision of the Minister of Justice to authorise extradition and, in the case of simplified extradition, on the basis of a proposal from the State Prosecutor pursuant to Article 398 (1) or without such a proposal, the President of the Chamber of the Regional Court referred to in Article 397 (1) shall decide on the taking of such person into custody unless he has decided to postpone the extradition. It is not bound by the provisions of Paragraph 67. If the presence of the person for whom extradition is sought is not otherwise ensured in the decision on extradition, Paragraph 69 shall apply mutatis mutandis. If the person concerned is in provisional custody, the President of the Chamber shall decide to convert that link into an extradition link. The court shall immediately inform the Ministry of Justice of its decision.

(2) The first sentence of Paragraph 72 (1), Article 72 (2) (a) and Article 72 (3) and (4) shall apply mutatis mutandis to the binding.

(3) Upon notification by the court referred to in paragraph 1, the Ministry of Justice shall agree with the competent authorities of the requesting State the date of extradition. The extradition of a person to the competent authorities of the requesting State and the related release of the person for whom it is issued shall be arranged by the President of the Chamber of the Regional Court who has decided on the extradition.

(4) The release bond may take a maximum of three months. The person concerned shall be released from extradition custody immediately after the expiry of that period. Where extradition could not be carried out in the light of unforeseen circumstances, the President of the Chamber which has decided on extradition may, before the expiry of that period, decide, on a proposal from the Ministry of Justice, to extend it by up to three months. The total length of the issue bond shall not exceed six months. This does not preclude the removal of a person into extradition custody on the basis of a new request by a foreign State for extradition for the same offence.

(5) Where the person to whom the issue is made has been granted a declaration of international protection under another legislation (4), the period for which such person is regarded as an applicant for international protection shall not be counted against the time limit referred to in paragraph 4.

(6) The President of the Chamber which has decided on extradition shall immediately release the person from extradition and terminate the extradition procedure if the reason for the termination of the preliminary investigation referred to in Article 394 (4) (b), (d), (g) or (h) is given. Similarly, the President of the Chamber shall proceed if, in view of the change in circumstances, the Minister of Justice has changed his decision to authorise the issue and extradition. The President of the Chamber shall also terminate the extradition procedure where there is a reason to terminate the preliminary investigation referred to in Article 394 (4) (e). ';

23. In Paragraph 402, the following paragraph 3 is added:

"(3) The agreement referred to in paragraph 1 shall not be required if a simplified issue has taken place or if a person has waived the application of the principle of speciality before a court in the Czech Republic or before a foreign court in the period after its issue. '

24. § 409, including the title reads:

„409

Preliminary investigation

(1) The purpose of the preliminary investigation is to determine whether the conditions for surrender under the European arrest warrant are met.

(2) The prosecutor shall hear the requested person, unless he has already done so in the context of the detention provided for in Paragraph 410, and shall acquaint him of the content of the European Arrest Warrant, with the possibility of agreeing to the surrender and the conditions and consequences of giving such consent, including that the surrender of the principle of speciality is linked to the consent of the surrender.

(3) The Prosecutor shall terminate the preliminary investigation if:

(a) the Member State which could request the surrender has not delivered the European Arrest Warrant despite repeated calls;

(b) the requested person has died;

(c) the requested person is not responsible for the conduct for which the European Arrest Warrant is issued by reason of his age under the law of the Czech Republic;

(d) the requested person cannot be detained for immunity or privilege under law or international law;

(e) the requested person stays outside the territory of the Czech Republic or his place of residence is unknown;

(f) the European Arrest Warrant has been served by legal authority on a decision to transfer or issue the requested person;

(g) the consent of the Member State under Paragraph 421 (1) has not been given;

(h) the consent of a State which is not a Member State ("the third State") has not been given pursuant to Paragraph 421 (3);

(i) there has been a statute of limitations in the requesting State on the prosecution or execution of a custodial sentence or a protective measure; or

(j) the requesting State has withdrawn the European Arrest Warrant or otherwise informed that it is no longer interested in the transfer of the requested person.

(4) The preliminary investigation is also terminated by the submission of a proposal pursuant to § 411.

(5) The prosecutor shall immediately inform the competent authority of the requesting State, the Police Presidium of the Czech Republic, the lawyer and the Ministry of Justice of the termination of the preliminary investigation referred to in paragraph 3. ';

25. in Article 413 (1) and (2):

"(1) The requested person may declare, in the presence of a lawyer, in the presence of a lawyer before the President of the Chamber of the competent court, that he or she agrees to be transferred to the requesting State.

(2) The requested person must be informed by the President of the Chamber, before giving his consent, of the importance of such consent and of the consequences associated with it, including the waiver of the principle of speciality. Consent to surrender shall not be withdrawn. '

26. in Paragraph 414 (3):

"(3) The temporary transfer shall be carried out by the court referred to in paragraph 1."

27. in Paragraph 418, the following paragraph 4 is added:

"(4) The consent referred to in paragraph 1 shall not be required if a person has waived the application of the principle of speciality before or after his or her surrender, or if he or she has been handed over in a shortened transmission procedure. ';

28. The following Section 428a is inserted after Section 428:

„§ 428a

Use of evidence obtained from foreign enquiries

The law enforcement authorities shall not use, without the express consent of the competent authority of a foreign State, evidence obtained by a foreign application for purposes other than those for which they have been provided, if the declared international agreement which the Czech Republic is bound to do so, or provided that such restrictions are complied with. ';

29. The following Section 429a is inserted after Section 429:

„§ 429a

The competent authority may issue a decision on the acts referred to in the title of the fourth section, third to sixth, even if the act is to be carried out outside the territory of the Czech Republic and its implementation cannot be achieved without that decision. '

30. in Paragraph 430, the following paragraph 2 is inserted after paragraph 1:

"(2) The use of evidence provided by a foreign State on the basis of a request for a purpose other than that for which it was provided requires the express consent of the public prosecutor or court which dealt with the request of a foreign State, unless the declared international agreement, which the Czech Republic is bound by, provides otherwise. This must be brought to the attention of the authority of a foreign State when providing such evidence. '

Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.

31. Paragraph 434, including the title, reads:

„§ 434

Consent to use information

(1) Information obtained in the framework of police cooperation from another Member State of the European Union or from a State participating in Schengen cooperation may be used as evidence in criminal proceedings only upon 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; in so doing, they shall act mutatis mutandis in accordance with the provisions of this Section on foreign enquiries. The request for consent shall not be necessary if the competent authority of a foreign State has already given its consent at the time of transmission of the information or if the national law of that foreign State does not require such consent.

(2) In order to use the information provided in the framework of police cooperation to another Member State of the European Union or a State participating in Schengen cooperation as evidence in criminal proceedings, the consent of the prosecutor or the court is required. In order to give consent, the local prosecutors or, if an indictment has been filed in the requesting State, the court in whose district the police authority which handled the request for police cooperation has its seat; Articles 16 and 17 shall apply mutatis mutandis to the determination of a substantive competence. The provisions of this Section on foreign letters of consent shall apply mutatis mutandis.

(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 using such information as evidence, or that other important interests would be seriously threatened. "

32. The following Section 437a is inserted after § 437, which includes the title:

„§ 437a

Cross-border listening

(1) If the declared international treaty, which the Czech Republic is bound by, allows a foreign state to monitor telecommunications operations on the territory of the Czech Republic without its technical assistance, the Regional Court in Prague shall be responsible for deciding on the consent to or the continuation of the wiretap and the related acts; If there are criminal proceedings in a foreign state conducting wiretaps at the pre-prosecution stage, it shall decide on a proposal from the Prosecutor of the District Attorney's Office in Prague. Consent to or continuation of the wiretap may be granted only if the conditions set out in Paragraph 88 are met.

(2) If the declared international treaty, which the Czech Republic is bound by, allows the Czech Republic to monitor telecommunications operations in the territory of a foreign State without its technical assistance, the prosecutor and after the prosecution has been brought, the court shall inform the foreign State of the intended or executed eavesdropping. "

33.In Paragraph 438 (3):

"(3) The temporary transfer of a person shall be authorised and ensured by the execution of the transfer;

(a) if there is a link in the preparatory procedure, the court having jurisdiction pursuant to Article 26 on a proposal from the prosecutor;

(b) if there is a link after the action has been brought, the court,

(c) in the case of the execution of a custodial sentence, the district court in whose district the sentence is served.

The court responsible for authorising the temporary transfer of a person shall set a time limit within which that person must be returned to the Czech Republic. This period may be extended, in agreement with the competent authority of a foreign State, only for the same purpose for which the temporary transfer has been authorised. The temporary transfer of a person may also be repeated. ';

34. Paragraph 438 (4) is deleted.

Paragraph 5 shall become paragraph 4.

35. in Article 441a, the following paragraph 4 is added:

"(4) If, within the prescribed time limit, a foreign State does not deliver a request for the detention and transfer of a case pursuant to § 441 or an order for its detention pursuant to § 460e or 460i, the police authority shall return the provisionally secured case to the person to whom it was secured unless it has obtained it for the purposes of other criminal proceedings. It shall inform the police authority of the return of such a case or of its detention for the purposes of any other criminal proceedings without undue delay by the competent public prosecutor or court. ';

36. Paragraph 448, including the title, reads:

„§ 448

Transfer of criminal proceedings abroad

(1) Criminal proceedings for a criminal offence committed in the territory of the Czech Republic, of which the suspect is a citizen of a foreign state, or for a criminal offence committed by that person in the territory of a foreign State, may be transferred to a foreign State where the suspect is a citizen or in whose territory the offence was to be committed.

(2) The transfer of criminal proceedings to a foreign State shall be possible only at the request of the prosecutor and following the prosecution's request by the court. The application for a criminal proceedings shall be submitted by the prosecutor to the Supreme Prosecutor's Office, after the indictment has been brought by the court to the Ministry of Justice.

(3) The Attorney General's Office shall examine the request of the prosecutor and the Ministry of Justice for the court to take over the criminal proceedings, in particular in the light of the conditions and formalities resulting from this law or from the international agreement and the requirements resulting from the existing mutual relations and shall send it to a foreign State if it is not returned, together with the reasons for which it could not be sent to a foreign State. In the context of the examination of the application for criminal proceedings, the Attorney General may ask the prosecutor and the Ministry of Justice for the necessary corrections and additions.

Citation	Act No. 457 / 2008 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended, and Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	29.12.2008
Effective from	01.01.2009
Effective until	-
Status	Valid

Act No. 457 / 2008 Coll.

Act amending Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended, and Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended

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