PART ONE OPENING PROVISIONS
Section 5 Protection of Interests of the Czech Republic
(1) International judicial cooperation cannot be provided to a foreign authority, if it would be contrary to the constitutional order of the Czech Republic, or to such provisions of the legal order of the Czech Republic, which must be abided without any exceptions.
(2) International judicial cooperation need not be provided, if it could result in harm to another significant protected interest of the Czech Republic; this does not apply for procedures according to Part five, unless substantial security interests or other similarly important fundamental protected interests of the Czech Republic are concerned.
PART FOUR Cooperation with International Criminal Courts and Tribunals
Chapter II Legal Assistance
Section 158 Refusal to Transfer Information or Evidence
(1) In case information classified according to the Act on Protection of Classified Information are to be transferred to an international court referred to in Section 145 (1) (a) upon its request or order, the judicial authority will consult the international court and the National Security Agency about the manner of protection of the information by the international court before transferring the information. Transfer of such information may be refused only in case that it is impossible to secure adequate protection of the information from publishing in proceedings before the international court; the refusal to transfer will be decided on by the Supreme Court upon a petition of the judicial authority executing the request or order of the international court.
(2) Transfer of information or evidence to an international court referred to in Section 145 (1) (a) may be refused for the reason of protection of substantial national security interests, if it is decided by the Supreme Court upon a petition of the judicial authority, which executes the request or order of the international court. Before filing the petition to the Supreme Court the judicial authority will consult the international court about the conditions, under which the information or evidence may be transferred.
(3) In case transfer of information or evidence, which the Czech Republic obtained from a foreign state or international organization, to an international court would be contrary to the obligations of the Czech Republic arising from the principle of specialty or to similar international obligations of the Czech Republic, the judicial authority will request the foreign state or international organization, from which the Czech Republic obtained such information or evidence, to give their consent with provision thereof to the international court.
(4) If the foreign state or international organization does not grant the consent according to Sub-section (3), the judicial authority will not grant the request or order and will inform the international court about the reasons therefor and about the actions taken for obtaining the consent of the foreign state or international organization.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.