PART THREE Individual forms of International Judicial Cooperation
Chapter IV Recognition and Execution of Decision in Relation to Foreign States
Sub-chapter 1 Recognition and Execution of Foreign Decisions
Division 1 General provisions
Section 118 Foreign Decisions
Pursuant to this Division will be proceeded in the course of recognition and execution of decisions issued by foreign authorities in relation to a criminal offense or an act otherwise criminal, which imposed a sentence or protective measure or which conditionally waived execution thereof (hereinafter referred to as a “foreign decision”).
Division 3 Execution of Recognized Foreign Decision
Section 129 Consent with Takeover of Execution of Foreign Decision
If a foreign decision has been finally and effectively recognized, the Ministry will grant its consent with takeover of its execution, unless it finds substantial reasons, for which is takeover of the foreign decision inappropriate. The Ministry will notify its opinion to the foreign state that issued the recognized foreign decision, and the court competent for execution of such recognized foreign decision.
(1) The court will order execution of the recognized foreign decision as soon as the Ministry informs it that both the foreign state and the Ministry have granted their consent with the transfer of execution of the recognized foreign decision into the Czech Republic.
(2) The court will decide to include a portion of the sentence imposed by the recognized foreign decision, which has been executed in the foreign state, into the sentence that is to be executed in the territory of the Czech Republic. An unsuspended sentence of imprisonment will include also the time spent in recognition custody, in custody for the same act in the foreign state and the time of transportation for execution of the sentence to the Czech Republic.
(3) As soon as the Ministry notifies the court about an amnesty, pardon or another decision or measure of the foreign state, as a result of which the recognized foreign decision becomes unenforceable, the court will immediately take measures directed to waiver of execution of the recognized foreign decision. If the amnesty, pardon or other decision or measure of the foreign state, as a result of which the recognized foreign decision becomes unenforceable, has such effect that the person is considered to have never been convicted, he will be considered as such also in the Czech Republic. If the foreign decision was finally and effectively repealed in the foreign state, the court will also repeal the decision on its recognition.
(4) If the ministry notifies the court about an amnesty, pardon or another decision or measure of the foreign state, as a result of which the recognized foreign decision became partially unenforceable, the presiding judge will decide what part of the foreign decision will not be executed. A complaint is admissible against this decision, which has a dilatory effect.
PART FOUR Cooperation with International Criminal Courts and Tribunals
Chapter III Surrender of Persons
(1) In case a decision of an international court referred to in Section 145 (1) (a) is concerned, the court will order its execution upon a petition of the Ministry. If the international court changes the extent of the sentence in the course of its execution, the court will order execution of the sentence in this new extent and decide on the inclusion of the so far served portion of the sentence.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.