Contents of request for arrest and surrender - national law requirements

Czech Republic

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

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
(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.
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Rome Statute

Article 91 Contents of request for arrest and surrender

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.