Czech Republic

Czech republic - Act on International Judicial Cooperation in Criminal Matters 2013 EN

PART THREE Individual forms of International Judicial Cooperation
Chapter I Legal Assistance
Sub-chapter 2 Providing Legal Assistance to Foreign Authorities

Section 52 Service of Documents
(1) Addressee in the Czech Republic may be served documents drawn up in the language that is assumed, with regard to all circumstances, to be understood by the addressee, or documents provided by a translation into this language.
(2) If the document is not drawn up in language according to conditions referred to in Sub- section (1), or provided with a translation into this language, the foreign authority will be requested to provide translation of the document and at the same time will be advised that otherwise the document without a translation will be served to the addressee only under the conditions of sentence three. If an international treaty stipulates that the foreign authority is not obliged to provide translation of documents, it will be provided by the judicial authority competent for executing the request of the foreign authority for legal assistance. Translation of documents is not necessary, if the addressee, after being advised on the option to refuse personal service of documents in a language he does not understand, which are not provided with a translation into a language he understands, declares that he is willing to accept the documents.
(3) Documents will be served to the addressee pursuant to the provisions of the Code of Criminal Procedure on process serving. On the basis of an explicit request on the foreign authority the documents may be served personally or through a judicial authority, which will draw up a protocol of the service. The protocol will reflect, in addition to requirements referred to in Section 55 (1) of the Code of Criminal Procedure also the exact specification of the served documents.
(4) The foreign authority may serve documents to an addressee in the Czech Republic directly through a postal services provider only if it is allowed by an international treaty or with a previous consent of the Minister of Justice according to Section 4 (4).
(5) If the served documents contain a threat of enforcement, such threat is ineffective in the territory of the Czech Republic .

PART FOUR Cooperation with International Criminal Courts and Tribunals
Chapter I General Provisions

Section 147 Translations
(1) If an international court sends the central authority a request or order in a foreign language without a translation, the central authority will provide the translation, if an international court referred to in Section 145 (1) (a) is concerned; possibilities of reimbursement of costs of the translation will be then consulted with the international court.
(2) If an international court referred to in Section 145 (1) (b) or (c) is concerned, the translation will be provided by the central authority if the international court provides an assurance that it will bear the costs of the translation. Otherwise the central authority may return the request or order to the international court without execution.

Rome Statute

Article 50 Official and working languages

1. The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgements of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official languages. The Presidency shall, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.

2. The working languages of the Court shall be English and French. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.

3. At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.

Article 55 Rights of persons during an investigation

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

Article 87 Requests for cooperation: general provisions

2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.