Service of documents - national proceedings

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 1 Requesting Legal Assistance in a Foreign State

Section 43 Service of Documents
(1) The judicial authority will serve documents in criminal proceedings to an addressee in a foreign state on the basis of a request for legal assistance.
(2) Service of documents in criminal proceedings upon a request of the judicial authority by a foreign authority will be considered effective, if it was executed in compliance with the law of the foreign state in question or in compliance with the law of the Czech Republic.
(3) If it is provided for by an international treaty or by this Act, the judicial authority may serve documents in criminal proceedings to the addressee in a foreign state directly through a post service provider.
(4) Unless precluded by the regulations of the foreign state, in the territory of which the documents are to be served, the judicial authority may serve the documents to the addressee in the foreign state directly through a post service provider. Upon a request of the judicial authority the central authority will verify, whether the service is not precluded by regulations of the foreign state, and the manner, in which is such process service executed in the foreign state.
(5) The served documents must not contain threats of enforcement.

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

Section 56 Providing Information and Evidence without a Request
(1) The judicial authority may provide information or evidence from criminal proceedings to a foreign authority without a request for legal assistance, if it believes that it may be utilized in criminal proceedings conducted in the foreign state. Provision of information or evidence must not cause impediments to the purpose of criminal proceedings in the Czech Republic.
(2) The judicial authority may set conditions for using the information or evidence in the foreign state. In such a case it will verify at the foreign authority in advance, whether it consents to such conditions.
(3) Accordingly to Sub-sections (1) and (2) will the judicial authority proceed in relation to reporting an act that does not fall in the scope of the Criminal Code, but could constitute a criminal offence pursuant to the law of the foreign state.

PART THREE Individual forms of International Judicial Cooperation
Chapter I Legal Assistance
Sub-chapter 3 Special Provisions on some Actions of Legal Assistance

Section 76 Service of Documents via Diplomatic Office
(1) The judicial authority may delegate service of documents to a diplomatic office of the Czech Republic. Contentual requisites of such delegation will be governed by Section 41 () accordingly.
(2) Based on the delegation under Sub-section (1) the diplomatic office of the Czech Republic may perform
a) service of documents to a person in the state, where it exercises its competence, unless legal regulations of the state, in the territory of which is the service to be performed, prevent it, and provided that the person is willing to accept the documents,
b) service of documents to a citizen of the Czech Republic, who enjoys diplomatic or consular privileges and immunities in the state, in the territory of which is the service to be performed.
(3) Diplomatic office of the Czech Republic will proceed accordingly pursuant to the legal regulation of the Czech Republic on service of documents; action performed by it have the same effect, as if performed by the judicial authority itself.
(4) Before delegating a diplomatic office of the Czech Republic to serve documents pursuant to Sub-section (2) (a), the judicial authority will request the central authority to verify, whether such procedure is not precluded by legal regulations of the state, where the service is to be performed.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(d) The service of documents, including judicial documents;

(i) The provision of records and documents, including official records and documents;