PART THREE Individual forms of International Judicial Cooperation
Chapter II Extradition of Persons
Sub-chapter 1 Requesting Extradition from a Foreign State

Section 79 Materials for Requesting Extradition from Foreign States
(1) In case an order to arrest, order to detain or order to deliver a person for execution of a sentence of imprisonment has been issued, or if the court took steps to deliver a person for execution of a protective measure associated with incarceration and the person was not arrested, detained or delivered for execution of a such sentence or protective measure within a time limit of one year, the presiding judge will request the Ministry without an undue delay to take the necessary steps for requesting extradition of the person from a foreign state; in pre-trial proceedings the judge will do so upon a petition of the public prosecutor, who will file it without an undue delay after the time limit expires. If it can be reasonably expected that the person concerned by the request for extradition is staying in a foreign state, the Ministry may be requested to secure execution of the necessary steps even before the 1 year time limit expires.
(2) Request pursuant to Sub-section (1) will not be filed, if
a) it can be expected that an unsuspended sentence of imprisonment under 4 months, or solely other penalty than an unsuspended sentence of imprisonment will be imposed,
b) an unsuspended sentence of imprisonment that is to be served by the person concerned by the extradition, or its remaining portion, is under 4 months, unless this person is to serve also another unsuspended sentence of imprisonment or its remaining portion, sum of which totals to at least 4 months, and if it can be expected that the request pursuant to Sub-section (1) will be filed for this other sentence or it remaining portion as well,
c) by extradition of the person concerned, would incur expenses or consequences to the Czech Republic clearly disproportional to the public interest on the criminal prosecution or execution of unsuspended sentence of imprisonment or protective measure associated with incarceration,
d) the extradition would cause detriment to the person concerned clearly disproportional to the importance of criminal prosecution or consequences of the crime committed, especially with regard to his age, health condition or family relations, or
e) the act constitutes a criminal offence, punishable according to the Criminal Code by a sentence of imprisonment with the upper limit of less than 1 year.
(3) The request pursuant to Sub-section (1) may be filed also for an act, concerning which there is an impediment referred to in Sub-section (2) (a) to (c) and (e), if it is filed for several acts, concerning at least one of which is the request not prevented from being filed by provisions of Sub-section (2).
(4) In pre-trial proceedings the court will notify the public prosecutor about the manner of execution of his petition. If the petition is not complied with, it will also state reasons for doing so.
(5) The court will attach to the request pursuant to Sub-section (1)
a) order to detain, order to arrest or an order to deliver a person for execution of a sentence of imprisonment,
b) declaration of identity of the person concerned by the extradition, containing his name and surname, other personal data enabling his identification and data on his nationality, eventually his description, photograph and fingerprints
c) detailed description of the facts, with accurate indication of the time, place and manner of commission of the act,
d) statutory designation of the criminal offence with literal wording of the applicable statutory provisions, including the criminal rate stipulated for the criminal offence in question,
e) literal wording of the provision of Criminal Code on the statute of limitations on criminal liability or execution of a sentence, and in case more than 3 years have passed since the time of commission of the crime or more than 5 years have passed since the decision, on the basis of which the sentence is to be executed, came into full force and effect, also statement of actions, which caused suspension or discontinuation of the statute of limitations,
f) full copy of entry in the Criminal Record in relation to the person concerned by the extradition and information whether there is any other criminal proceeding being conducted against this person in the Czech Republic.
(6) For the purposes of requesting extradition of persons from a foreign state for execution of an unsuspended sentence of imprisonment or protective measure associated with incarceration, the court will hand over to the Ministry also counterparts or verified copies of the decision of the court of first instance with a legal force clause and the decision of the court of second instance, if it was rendered. If the decision was issued in proceedings against a fugitive or in the absence of the person concerned by the extradition, the court will hand over to the ministry also a description of the manner of securing the defense rights; in case of proceedings against a fugitive, literal wording of Section 306a of the Code of Criminal Procedure and provisions of the Criminal Code on the statute of limitations will also be attached.
(7) In case an aggregate sentence has been imposed, the court will hand over the documents referred to in Sub-section (5) (c) to (e) and in Sub-section 6 to the Ministry also in relation to judgments on all concurring criminal offences the aggregate sentence has been imposed for.
(8) The court will hand over to the Ministry upon its request additional documents necessary for requesting extradition of a person from a foreign state; therein the public prosecutor will provide the necessary cooperation.
(9) The Ministry will determine the form, in which the documents referred to in Sub-section (5) to (8) are to be submitted by the court and to which language are they to be translated by the court, if it can be expected that such form or translation will be required by the foreign state, or should it be necessary for the purposes of international search.
(10) In case the person concerned by the extradition is sentenced by a final and effective judgment to an unsuspended sentence of imprisonment in the extent of at least 4 months, or if he is finally and effectively imposed a protective measure associated with incarceration and if a request pursuant to Sub-section (1) has been previously filed for the purpose of extradition for criminal prosecution, or if the decisive circumstances leading to filing such a request change, especially the legal qualification or factual circumstances , the court will file a new request and withdraw the original request; if the change in in the decisive circumstances occurs in pre-trial proceedings, the court will do so upon a petition of the public prosecutor, who will file it without an undue delay after such change occurs.