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

Section 78 Jurisdiction of Courts
The court competent to procedures under this Sub-chapter is the court conducting criminal proceedings, and in pre-trial proceedings the court competent according to Section 26 of the Code of Criminal Procedure.

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.

Section 80 Competence of the Ministry
(1) The authority competent to request extradition of a person from a foreign state on the basis of a request of the court pursuant to Section 79 (1) is the Ministry. After it receives the request from the court along with the required annexes, it will adopt measures for the purpose of extradition of the person from the foreign state, in particular it will ask the Police of the Czech Republic to secure search for the person concerned by the extradition in the foreign state, and unless stipulated otherwise in Sub-section (2), it will submit a request for his extradition to the state, in the territory of which is this person located.
(2) The Ministry does not have to submit the request for extradition, if
a) it can be reasonably expected that the foreign state will not extradite the person concerned by the extradition, or
b) extradition of this person would be clearly purposeless, in particular if there are reasons referred to in Section 79 (2) (c), or inappropriate for reasons referred to in Section 79 (2) (d), unless the court states in the opinion according to Sub-section (3) that it insists on submitting the request.
(3) The Ministry will notify the court of the measures adopted in order to request extradition of persons from a foreign state. It will also notify the court of the reasons, for which it did not submit a request for extradition; in case reasons referred to in Sub-section (2) (b) are concerned, it will request an opinion of the court, as to whether the request should be submitted.

Section 81 Preliminary Custody
(1) If the matter cannot be delayed, the presiding judge and in pre-trial proceedings the judge upon a petition of the public prosecutor may in the request pursuant to Section 79 (1) propose that the Ministry requested the foreign state for imposing preliminary custody to the person concerned by the extradition. If it is necessary for extradition of the person from the foreign state, the Ministry may do so even without such a petition.
(2) The court will attach to the request pursuant to Section 79 (1) the following:
a) an order to arrest, order to detain or 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) if a request for extradition for the purpose of criminal prosecution is concerned, a declaration of the court about the upper limit of the extent of sentence for the criminal offence in question,
d) if a request for extradition for the purpose of execution of a sentence is concerned, a copy of the operative part of the judgment,
e) declaration of the court, that criminal liability or execution of the sentence has not been statute-barred.
(3) Annexes referred to in Section 79 (5) to (8) may be presented subsequently, however no later than 10 business days after the request is served to the Ministry pursuant to Section 79 (1). The Ministry may in well-founded cases extend or shorten this time period accordingly.
(4) If the ministry does not comply with the petition of the court pursuant to Sub-section (1), it will inform it of the reasons for such procedure.

Section 82 Reassurance
(1) If the foreign state conditions extradition of a person by a provision of reassurance concerning criminal proceedings, the Ministry may provide such reassurance only with a previous consent of the court; in pre-trial proceedings the court will take account of an opinion of the public prosecutor.
(2) If the person was extradited on the basis of a reassurance, such reassurance will be honored.

Section 83 Procedure after Extradition of a Person
(1) The person extradited by a foreign state, will be taken over by the Police of the Czech Republic. In case extradition for the purpose of criminal prosecution is concerned, Police of the Czech Republic will immediately deliver the person to the court for proceeding pursuant to Section 69 (5) sentence one, four and five and Sub-section (6) of the Code of Criminal Procedure, if an order to arrest was issued, or to the police authority for proceeding pursuant to Section 76a (4) and (5) of the Code of Criminal Procedure, if an order to detain was issued. If the person is being extradited for criminal prosecution on the basis of a request pursuant to Section 79 (1) filed by several courts, the Ministry will determine, after receiving comments from the concerned courts, to which authority it is to be submitted. In case extradition for the purpose of execution of a sentence or a protective measure associated with incarceration is concerned, the Police of the Czech Republic will immediately deliver the person to the nearest prison or facility for execution of the protective measure.
(2) The time the extradited person spent in the foreign state in custody for the purpose of extradition will not be counted into the time limits referred to in Section 72 of the Code of Criminal Procedure and the time referred to in Section 72a of the Code of Criminal Procedure; this does not apply for the time spent by transporting the person into the Czech Republic.
(3) If the person was extradited for execution of an unsuspended sentence of imprisonment only in relation to some of the criminal offenses, for which has been imposed an aggregate or cumulative sentence, or in relation to only some of the component attacks of a continuing criminal offense, the court that tried the case in the first instance will proportionally decrease the sentence in a public session. A complaint is admissible against this decision, which has a dilatory effect.

Section 84 Withdrawing the Request of Court
(1) The court will withdraw the request pursuant to Section 79 (1), if
a) order to arrest, order to detain or order to deliver a person for execution of a sentence of imprisonment has been withdrawn, or if the actions aimed towards delivering the person to execution of a protective measure associated with incarceration have been abandoned,
b) reasons for which the request cannot be submitted have been subsequently found,
c) the person was delivered to the court or police authority,
d) the person was delivered to the prison or facility for execution of the protective measure,
e) new request has been filed, or
f) further search in the foreign state is no longer necessary.
(2) Withdrawal of the request will be notified to the public prosecutor.
(3) Following the withdrawal of the request pursuant to Sub-section (1) (a) to (d) or (f) the Ministry will secure taking necessary measures in order to terminate the procedure aimed towards extradition of the person from the foreign state.

Section 85 Specialty Principle
(1) The extradited person may not be incarcerated, an indictment or motion for punishment may not be filed against him, criminal prosecution before a court may not be conducted against him, and no sentence or protective measure may be executed on him for another act, than for which he has been extradited, unless the person
a) has left the territory of the Czech Republic and willfully came back or was transported into the territory of the Czech Republic in a lawful manner,
b) stays in the territory of the Czech Republic longer than 45 days after being released from custody, execution of an unsuspended sentence of imprisonment or after termination of execution of a protective measure associated with incarceration., despite being able to leave the territory of the Czech Republic,
c) has waived the right for application of the specialty principle in proceedings on his
extradition in the foreign state in general or in relation to a specific act,
d) has expressly waived the right for the application of the specialty principle in accordance
with Sub-section (2), or
e) the foreign state has waived the application of the specialty principle or granted a
subsequent consent with extension of the extradition.
(2) If the extradited person has not waived the right for application of the specialty principle pursuant to Sub-section (1) (c) and if an international treaty or the law of the foreign state allows it, the presiding judge and in pre-trial proceedings the judge upon a petition of the public prosecutor will interview the person in the presence of his defense counsel and advise him on the option to waive the right for the application of the specialty principle in general or in relation to a specific act, as well as on the consequences of such declaration. This declaration cannot be withdrawn. If the person waives the right for the application of the specialty principle in relation to a specific act, he will describe it to the court in the protocol so that it could not be confused with another act.
(3) A subsequent consent of the foreign state pursuant to Sub-section (1) (e) will be requested by the ministry upon a request of the presiding judge and in pre-trial proceedings upon a request of the judge, filed upon a petition of the public prosecutor; therein will be proceeded pursuant to Sections 78 to 80 and 82 accordingly. Prior to filing the request, the court will allow the extradited person to comment on the subject of the request; this statement will be attached to the request of the court.
(4) In case there is no order to arrest, order to detain or an order to deliver a person for execution of a sentence of imprisonment issued for the act, concerning which it is necessary to request a subsequent consent pursuant to Sub-section (1) (e), the presiding judge and in pre-trial proceedings the judge upon a petition of the public prosecutor will issue such order for the purposes of requesting the subsequent consent; therein the conditions for issuing such orders pursuant to the Code of Criminal Procedure. Before the foreign state grants the subsequent consent, the orders referred to in sentence one may not be grounds for arresting or detaining the person or for his delivering for execution of a sentence.
(5) As subsequent consent pursuant to Sub-section (1) (e) will be considered also a request of the state, from which was the person extradited, for takeover of proceedings against this person or for execution of a sentence or a protective measure for criminal offences committed prior to his extradition. This applies also to criminal complaints filed by this state.
(6) Until the time the subsequent consent is granted by the foreign state pursuant to Sub- section (1) (e), only actions referred to in section 183a of the Code of Criminal Procedure may be performed in criminal prosecution in court.

Section 86 Temporary Surrender
(1) If the foreign state, that granted extradition of a person, has suspended its execution, the Ministry may, upon a request of the presiding judge and in pre-trial proceedings upon a request of the judge filed upon a petition of the public prosecutor, request for temporary surrender of this person, if it is necessary for the purpose of performing actions in criminal prosecution. In its request the Ministry will provide a reassurance that this person will be held in custody for the time of temporary surrender. For providing other reassurances concerning the temporary surrender, Section 82 will apply accordingly.
(2) The presiding judge or the judge will state in the request, for which actions, for what time and for what reasons is the presence of the person necessary.
(3) If the foreign state authorizes temporary surrender of the person, the presiding judge and in pre-trial proceedings the judge will decide that this person will be held in custody for the time of the temporary surrender. The custody will start at the moment of takeover of this person by the authorities of the Czech Republic. The decision will be served to the person without an undue delay after his delivery to the prison. Provisions of Chapter four, Sub- division one of the Code of Criminal Procedure will not apply.
(4) Returning the person to the state that has temporarily surrendered him, and the related release of this person from custody, will be secured by the presiding judge and in pre-trial proceedings by the public prosecutor. The time, for which was the temporary surrender granted, may not be exceeded, unless the foreign state agrees to it.
(5) If the temporarily surrendered person requests to be released from custody, the public prosecutor and after lodging an indictment the presiding judge will forward such a request to the competent foreign authority.
(6) If the competent foreign authority responds that the temporarily surrendered person is to be released from custody, his release will be secured without an undue delay by the public prosecutor and after lodging an indictment the presiding judge; in this case they will not secure returning the person to the state that temporarily surrendered him. The foreign authority must be notified of the release from custody.
(7) The time spent in custody during the temporary surrender will be included into the extent of the imposed sentence according to Section 92 of the Criminal Code in the extent, in which it was not included in the foreign state.

Sub-chapter 2 Extradition to Foreign States

Section 87 Competence of Court and Public Prosecutor’s Office
(1) The court competent for procedure according to this Sub-chapter is the Regional Court, in the jurisdiction of which was the person concerned by the extradition apprehended; if he was not apprehended, the competence will pertain to the Regional Court, in the jurisdiction of which has this person his residence. Change in the circumstances, on the basis of which was the local competence determined, if it occurred after the initiation of preliminary investigation, will be disregarded.
(2) Actions performed pursuant to this Sub-chapter will be performed by the public prosecutor of the public prosecutor’s office operating at the court competent according to Sub-section (1).

Section 88 Accepting Extradition Requests
(1) Competence for accepting request of foreign states for extradition will pertain to the Ministry. In case the request is served to another authority, it will immediately forward it to the Ministry.
(2) If the request has all requisites, the Ministry will forward it to the public prosecutor’s office in order to perform preliminary investigation.
(3) If the request does not have all requisites, especially if it is not accompanied by an original or a verified copy of the decision imposing an unsuspended sentence of imprisonment or protective measure associated with incarceration, an order for incarceration or other decision of the same effect, or if it misses description of the act, for which is the extradition requested, and its legal qualification, including the wording of the applied legal regulations of the foreign state, or a notification that according to the law of the foreign state the statute of limitations has not expired, or if the provided information is not sufficient of assessment of the request, the Ministry will request it supplementation. For this purpose the Ministry will set a reasonable time limit and notify the foreign authority, that unless it supplements the request within the set time limit, the request will be refused or the extradition proceedings will be terminated. If the preliminary investigation was initiated before receiving the incomplete extradition request, the Ministry will forward it to the public prosecutor’s office along with requesting its supplementation; otherwise it will forward the request after its supplementation by the foreign state.

Section 89 Refusing Extradition Requests
(1) In case the Ministry receives an extradition request before the initiation of preliminary investigation, it will refuse this request if
a) the person concerned by the extradition died,
b) the person concerned by the extradition was not criminally liable under the Czech Law
with regard to his age,
c) the person concerned by the extradition may not be apprehended because of a privilege or immunity, which make him exempt from jurisdiction of authorities involved in criminal proceedings,
d) the place of stay of the person concerned by the extradition in the territory of Czech Republic is unknown,
e) the foreign state failed to supplement the request according to Section 88 (3), or
f) the extradition request was served after full force and effect of the decision that the person concerned by the extradition will be surrendered to another state according to Part five, Chapter II, or after authorization of extradition to another state, or after
authorization of surrendering to an international court authority.
(2) If the Ministry has doubts about whether or to what extent is the person concerned by the extradition exempted from jurisdiction of authorities involved in criminal proceedings, the Supreme Court will decide the matter upon its petition.

Section 90 Criminal Offences Subject to Extradition
(1) Extradition into a foreign state is admissible, if the act, for which is the extradition requested, constituted a criminal offence under the law of the Czech Republic with the upper limit of imprisonment in the extent of at least 1 year.
(2) Extradition into a foreign state for the purpose of execution of an unsuspended sentence of imprisonment or a protective measure associated with incarceration for an act referred to in Sub-section (1) is admissible, if the sentence or protective measure to be executed are for at least 4 months. Subject to the condition of reciprocity, several sentences or protective measures shorter than 4 months, which are to be executed, will be counted together.
(3) If the foreign state requested extradition of a person for several acts, at least one of which meets the conditions referred to in Sub-section (1) and (2), extradition is admissible, subject to the condition of reciprocity, also for the other acts, if they constituted criminal offences according to the law of the Czech Republic.

Section 91 Inadmissibility of Extradition (1) Extradition of a person into a foreign state is inadmissible, if
a) it concerns a citizen of the Czech Republic,
b) it concerns a person that has been granted an international protection in the Czech
Republic within the scope of protection provided by special legal regulations or by an
international treaty,
c) criminal prosecution or execution of the sentence of imprisonment have become statute-
barred according to the legal regulations of the Czech Republic, 58
d) the criminal prosecution is inadmissible as a result of granting a pardon or by an act of amnesty,
e) the act, which the extradition is requested for, is not a criminal offence subject to extradition
f) the act, which the extradition is requested for, is of an exclusively political or military nature,
g) the act consists in the violation of tax, customs, currency regulations or in violation of other financial rights of the state, unless the principle of reciprocity is granted,
h) the act, which the person is requested for, is punishable by death penalty in the requesting state, except for cases where the requesting state guarantees that the death penalty shall not be imposed,
i) the requesting state requests the extradition for the purpose of executing death penalty,
j) the requested person was not criminally liable at the time of commission of the act according to legal regulations of the Czech Republic, or there are other reasons
precluding his criminal liability.
k) there is a criminal prosecution being conducted against the same person for an act, for
which is requested the extradition, or if the act, for which is requested the extradition, was committed fully in or in part in the territory of the Czech Republic, with the exception of cases, where it is necessary to give priority to conducting criminal prosecution in the foreign state, especially by virtue of appropriate ascertaining of the facts or for reasons related to the imposed sentence or protective measure or execution thereof,
l) criminal prosecution for the same act conducted against this person in the Czech Republic was concluded by a final and effective judgment of court or was finally end effectively terminated by a decision of court or public prosecutor or was concluded by another decision of the same effect, provided that such a decision has not been repealed,
m)criminal prosecution for the same act conducted against this person in another Member State or an associated state was concluded by a decision that constitutes preclusion or res judicata according to Section 11 (2) of the Code of Criminal Procedure, or if criminal prosecution for the same act conducted against this person in a third state was concluded by a final and effective judgment or other decision of court of the same effect, provided that such a decision was not repealed and that the sentence, if it was imposed to the person concerned by the extradition, has already been executed, is currently being executed or can be no longer be executed under the law of the condemning state,
n) the state, from which was the person concerned by the extradition previously extradited or surrendered according to provisions of Part five, Chapter II, has not granted a consent with extradition to another state, with the exception of cases, where the principle of specialty does not apply,
o) it would be contrary to the obligations of the Czech Republic arising from international treaties on human rights and basic freedoms, or
p) there is a reasonable concern that the person concerned by the extradition would be exposed to persecution because of his origin, race, religion, sex, membership to a certain national or other group, citizenship or political beliefs or for other similar reasons, or that it would impair his position in criminal proceeding or in serving a sentence of imprisonment or a protective measure associated with incarceration.
(2) Reassurance according to Sub-section (1) (h) and the consent according to Sub-section (1) (n) will be requested by the Ministry.

Section 92 Preliminary Investigation
(1) The purpose of preliminary investigation is especially to ascertain, whether extradition of a person to a foreign state is not obstructed by matters of fact referred to in Section 91 (1).
(2) The public prosecutor will perform preliminary investigation, if he learns about a criminal offence, for which a foreign state could request extradition, or if the Ministry forwards to the public prosecutor’s office a request for extradition from a foreign state. Preliminary investigation is initiated by apprehension of the person concerned by the extradition, or by requesting the necessary information. In case preliminary investigation is initiated without an extradition request being received, the public prosecutor will immediately ask the Ministry to notify the competent foreign authority about the initiation of preliminary investigation and invite it to send a request for extradition.
(3) The procedure according to Sub-section (2) will not apply, if sufficient information is not available on
a) the person concerned by the extradition,
b) existence of a condemning judgment, arrest warrant or other decision with the same
effect, issued in the foreign state against the person concerned by the extradition,
c) the act, for which the extradition is or can be requested for, including the time and place of its commission and its legal qualification, as well as the upper limit of the sentence imposable therefor in the foreign state or the extent of sentence imposed in the foreign
state.
(4) The public prosecutor will, unless he has already done so in the course of apprehension, interview the person concerned by extradition, make him acquainted with the reason for extradition and advise him on the possibility to give consent with his extradition to the foreign state and on the conditions and consequences of giving such consent, including that granting a consent with extradition is associated with waiving the application of the specialty principle.
(5) If the person concerned by the extradition states important reasons, which substantially dispute commission of the crime, for which the extradition is or can be requested, and offers specific evidence thereof, the public prosecutor will notify the foreign state via the Ministry and in justified cases will request the Ministry for securing an opinion of the foreign state.
(6) If there are doubts about whether or to what extent the person concerned by the extradition is exempted from jurisdiction of authorities involved in criminal proceedings, the matter will be decided by the Supreme Court upon a petition of this person or the public prosecutor.
(7) The public prosecutor will terminate preliminary investigation, if
a) the foreign state, that could request extradition, has not sent an extradition request despite being asked to do so,
b) the foreign state has not supplemented all required requisites of the request, including annexes,
c) the person concerned by the extradition died,
d) the person concerned by the extradition would not be criminally liable according to the
law of the Czech Republic with regard to his age,
e) the person concerned by the extradition may not be apprehended due to a privilege or
immunity, which make him exempt from jurisdiction of authorities involved in criminal
proceedings,
f) the person concerned by the extradition is not staying in the territory of the Czech
Republic or the place of his residence is unknown,
g) the foreign state sent an information that it is no longer interested in extradition of the
person, or
h) the request for extradition was served after the full force and effect of the decision that
the person concerned by the extradition will be surrendered to another state pursuant to Part five, Chapter II, or after authorization of extradition to another state, or after authorization of surrendering the person to an international court authority.
(8) Preliminary investigation is concluded also by filing a petition according to Section 95 (1) or Section 96 (2).
(9) The public prosecutor will immediately notify the Ministry of conclusion of preliminary investigation; if it is terminated pursuant to Sub-section (7), he will notify also the defense counsel.

Section 93 Apprehension
(1) The public prosecutor, or with his consent the police authority, may apprehend the person concerned by extradition, if there is a reason for imposing preliminary custody and if information referred to in Section 92 (3) is known. The police authority will be entitled to perform apprehension of such person also without a previous consent of the public prosecutor, if the matter cannot be delayed and the consent of the public prosecutor cannot be obtained in advance. However, the police authority will be obliged to notify the public prosecutor immediately after performing the apprehension and to present him a copy of the protocol drawn up in the course of the apprehension and other documents that the public prosecutor needs in order to be able to eventually file a petition for imposing preliminary custody.
(2) The public prosecutor or police authority that performed the apprehension will interview the apprehended person and draw up a protocol, in which they will indicate the time, place and detailed circumstances of the apprehension and will state personal data of the apprehended person, as well as substantial reasons for the apprehension. The apprehended person will be advised on the possibility to give consent to his extradition to the foreign state and on the conditions and consequences of giving such consent as soon as in the course of the apprehension, including that giving the consent is associated with waiving application of the specialty principle. The apprehended person will be entitled to require that his defense counsel is present at the interview in the course of his apprehension, unless he is unavailable in the time limit referred to in Sub-section (3).
(3) The public prosecutor will deliver the apprehended person to the court with a petition for imposing preliminary custody within 48 hours following the apprehension. Otherwise this person must be immediately released.
(4) Pursuant to Sub-sections (1) to (3) cannot be proceeded after filing a petition for a decision according to Section 95 (1).

Section 94 Preliminary Custody
(1) If the ascertained matters of fact substantiate a concern that the person concerned by the extradition might flee, the presiding judge may decide upon a petition of the public prosecutor, and after filing a petition for a decision according to Section 95 (1) even without such petition, on taking the person into preliminary custody; provisions of Section 67 and 68 of the Code of Criminal Procedure will not apply. A complaint is admissible against the decision on imposing preliminary custody. Section 77 (2) of the Code of Criminal Procedure will apply accordingly to the decision-making about the apprehended person.
(2) Section 71 (1), sentence three, Sub-section 2 (b), Section 72 to 72b, Section 73b (1), (3) to (5), (6) sentence two, Section 73c (a) and Section 74a of the Code of Criminal Procedure will not apply to further procedure concerning the preliminary custody. Other provisions of Chapter four, Sub-division one of the Code of Criminal Procedure will apply accordingly, therewith where these provisions refer to pre-trial proceedings, it will be understood as preliminary investigation.
(3) The public prosecutor will release the person concerned by the extradition from preliminary custody, if the preliminary investigation has been initiated without receiving a request for extradition of a foreign state and this request was not delivered to the Ministry within 40 days following the day of imposing the preliminary custody; this does not apply in case of simplified extradition. Release from the preliminary custody does not preclude new imposing of preliminary custody, if the request for extradition is served subsequently. Delivering the request to the Supreme Public Prosecutor’s Office, to a diplomatic office of the Czech Republic in the foreign state or Ministry of Foreign Affairs has also the effect of service.
(4) The judicial authority will notify the Ministry of taking the person into preliminary custody and on his release from this custody.

Section 95 Decision of Court
(1) After the preliminary investigation is concluded, the court will decide upon a petition of the public prosecutor in a public session, whether the extradition is admissible. Provision of Section 188 (1) e) of the Code of Criminal Procedure on return of the case to the public prosecutor for additional investigation will not apply. A complaint is admissible against this decision, which has a dilatory effect.
(2) In case of any doubts about whether or to what extent is the person concerned by the extradition exempted from jurisdiction of authorities involved in criminal proceedings, the Supreme Court will decide the matter upon a petition of this person, the public prosecutor or court.
(3) In case the person concerned by the extradition is not staying in the territory of the Czech Republic in the time the court makes its decision, or if his presence at the public session cannot be repeatedly secured due to his unknown place of stay, the court will dismiss the petition of the public prosecutor. The court will proceed similarly in case the reason for concluding the preliminary investigation referred to in Section 92 (7) (c), (e) or (g) occurs after filing the petition according to Sub-section (1), or if a reason for concluding the preliminary investigation referred to in Section 92 (7) d) is ascertained. In case the person concerned by the extradition is in custody in the time the court makes its decision, the court will decide on his release. These decisions can be made also in a closed session. A complaint of the public prosecutor is admissible against these decisions.
(4) If the court declares that the extradition is inadmissible and the person concerned by the extradition is in preliminary custody, the court will also decide on his release. A complaint of the public prosecutor is admissible against this decision, which has a dilatory effect only in case it is filed immediately after the decision is declared and only in case a complaint of the public prosecutor against the decision on inadmissibility of extradition is filed at the same time.
(5) After the full force and effect of the decision on whether the extradition is admissible the presiding judge will present the case to the Ministry. If the Minister of Justice has any doubts about the correctness of the court decision, he may file a petition to the Supreme Court to review this decision within three months from the day the case was presented to the Ministry at the latest.
(6) If the Supreme Court does not dismiss the petition of the Minister of Justice, it will repeal the contested decision and proceed accordingly pursuant to Sub-sections (1) to (5), or return the matter to the court, if the flaw cannot be rectified in proceedings before the Supreme Court.

Section 96 Simplified Extradition
(1) Simplified extradition will be executed, if the person concerned by the extradition declares in the presence of his defense counsel before the presiding judge that he consents with his extradition to a foreign state. Before declaring the consent with his extradition, the person must be advised by the presiding judge on the meaning of such consent, especially about that the extradition will be executed without a decision on admissibility and authorization of the extradition, and also on the consequences related thereto, including waiver of application of the specialty principle. The consent cannot be withdrawn.
(2) If the person concerned by the extradition declares according to Sub-section (1) that he consents to his extradition into the foreign state, Section 90, 91 (1) (a), (c) to (g), (j) and (m), Section 92 (7) (a), Section 95 and 97 will not apply and the public prosecutor will file a petition to the court, after conclusion of the preliminary investigation, to take this person into extradition custody or to convert preliminary custody to extradition custody or to file a petition for suspension of the extradition. If the public prosecutor finds that there is one of the grounds for inadmissibility of extradition referred to in Section 91 (1 (b), (h), (i), (k), (k), (l), (n), (o) or (p) present, he will proceed as if the person has not given a consent with the extradition.
(3) If the person concerned by the extradition is not placed in preliminary custody, the public prosecutor or the police authority with his consent will apprehend the person. The public prosecutor will deliver the apprehended person to the court with a petition for taking the person into extradition custody within 48 hours from apprehension at the latest, otherwise he must be released. When deciding on the apprehended person, the presiding judge will proceed accordingly pursuant to Section 77 (2) of the Code of Criminal Procedure.
(4) In case the person concerned by the extradition is placed in preliminary custody, the presiding judge will interview him and decide on the petition of the public prosecutor to convert preliminary custody into extradition custody. The presiding judge will notify the time and place of conducting the interview to the defense counsel and public prosecutor.
(5) In case that after filing the petition under Sub-section (2) arises a reason for termination of preliminary investigation referred to in Section 92 (7) (c), (e) or (g) or if a reason for termination of preliminary investigation referred to in Section 92 (7) (d) is ascertained, the presiding judge will dismiss the petition. If the person concerned by the extradition is placed in custody, the presiding judge will decide on his release. A complaint of the public prosecutor is admissible against these decisions. Extradition proceedings are terminated upon full force and effect of the decision o dismissing the petition according to Sub-section (2).
(6) If the person concerned by the extradition gives his consent with the extradition in the course of public session held on the admissibility of extradition, the public prosecutor will withdraw his petition according to Section 95 (1) and proceed pursuant to Sub-section (2) sentence one. The petition may be withdrawn until the moment the court retires for final deliberation.
(7) Provision of Sub-section (6) will not apply, if the public prosecutor finds that there is one of the grounds for inadmissibility of extradition referred to in Section 91 (1) (b), (h), (i), (k), (l), (n), (o) or (p) present.
(8) The public prosecutor will immediately notify via the Ministry the foreign state that requested or could request the extradition about the consent of the person with his extradition, unless he proceeds as if the person has not given his consent

Section 97 Decision of the Minister of Justice
(1) Extradition to a foreign state will be authorized by the Minister of Justice. He may do so only after full force and effect of the decision on admissibility of extradition.
(2) Even if a decision on admissibility of extradition has been made, the Minister of Justice may decide not to authorize the extradition. He will not authorize the extradition, if he decided on priority of execution of European Arrest Warrant.
(3) In relation to the decision of the Minister of Justice the Ministry may requisition the necessary documents from other public authorities, which will be obliged to provide their cooperation in the necessary extent.
(4) After full force and effect of the decision that extradition is inadmissible the Ministry will notify the foreign state that the extradition cannot be granted, with the exception of cases, where the Minister of Justice submits the case for a review to the Supreme Court.
(5) The Minister of Justice will terminate the extradition proceedings, if any reason for termination of preliminary investigation referred to in Section 92 (7) (c), (e), (f) or (g) occurs after the case is submitted to him according to Section 95 (5), or if a reason for termination of preliminary investigation referred to in Section 92 (7) (d) is ascertained.
(6) Releasing the person, whose extradition the Minister of Justice did not authorize according to Sub-section (2) sentence one, or concerning which he terminated the extradition proceedings, from preliminary custody will be ordered by the presiding judge.

Section 98 Additional Information
If there is additional information necessary for assessment of the case, the Ministry will request the foreign state to provide it.

Section 99 Suspension of Extradition
(1) The presiding judge may decide to suspend extradition of a person for the time his presence in the Czech Republic is necessary in relation to another criminal offence, than which is the subject of the extradition request, for the purposes of criminal proceedings conducted in the Czech Republic, execution of an unsuspended sentence of imprisonment or a protective measure associated with incarceration, which were finally end effectively imposed by courts of the Czech Republic. The decision to suspend extradition may the presiding judge make after the Minister of Justice has authorized extradition of the person concerned by the extradition, or after the person concerned by the extradition granted his consent, in the course of simplified extradition until the time the person is handed to the authorities of the foreign state. If a new reason for suspending extradition arises during this period, the presiding judge may decide to suspend the extradition also for this reason. When deciding on suspension of extradition, the presiding judge will take into account especially the seriousness of the criminal offence, for which is the person to be extradited, seriousness of the criminal offence, in relation to which is the suspension proposed, possibility of surrendering or extraditing the person from the foreign state back to the Czech Republic, as well as the possibility of temporary surrender of the person to the foreign state.
(2) The presiding judge may decide on suspension of extradition upon a petition of the
a) Ministry,
b) public prosecutor,
c) court and in pre-trial proceedings the public prosecutor competent to conduct criminal
proceedings in the Czech Republic,
d) court that decided the case in the first instance, where the person concerned by the
extradition was finally and effectively imposed an unsuspended sentence of
imprisonment or a protective measure associated with incarceration, or
e) person concerned by the extradition.
(3) If the petition for suspension of extradition was not filed by the court or public prosecutor referred to in Sub-section (2) (c) or (d), the presiding judge will request their opinion before making the decision on suspension of extradition.
(4) In case the person is placed in preliminary or extradition custody, the presiding judge will decide on his release from such custody along with the decision on suspension of his extradition.
(5) A complaint is admissible against the decision pursuant to Sub-section (1) to (4). A complaint against the decision on the release from custody may be filed only if a complaint against the decision on suspension of extradition is filed at the same time.
(6) If the same state submits another request for extradition of the person during the time his extradition is suspended for another act, than for which the extradition was authorized, competence for conducting proceedings on such a request will pertain to the authorities that were involved in proceedings on the original request for extradition of this person.
(7) If the reason for suspension of extradition expires, the presiding judge will proceed according to Section 101.
(8) The presiding judge will terminate the extradition proceedings, if a reason for termination of preliminary investigation referred to in Section 92 (7) (c), (e), (f) or (g) arises or if a reason for termination of preliminary investigation referred to Section 92 (7) (d) is ascertained. The presiding judge will proceed similarly, if the Minister of Justice repealed his decision on authorization of extradition with regard to change of circumstances and did not authorize the extradition.

Section 100 Temporary Surrender
(1) In case extradition has been suspended, the presiding judge may decide upon a request of the foreign state that he will authorize temporary surrender of the person concerned by the extradition, which is placed in custody, serves an unsuspended sentence of imprisonment or a protective measure associated with incarceration in the Czech Republic, into the foreign state for criminal prosecution.
(2) Execution of the temporary surrender will be secured by the presiding judge.
(3) Temporary surrender may be authorized only if the foreign state provides a reassurance that the person will be incarcerated for the time of the temporary surrender and that the required restrictions implied by the reason for custody in the territory of the Czech Republic will be applied to him.
(4) In case the person, who is to be temporarily surrendered, is placed in custody, the temporary surrender may be authorized only with a previous consent of the court and in pre- trial proceedings the public prosecutor competent to conduct criminal proceedings in the Czech Republic.
(5) Temporary surrender does not discontinue execution of custody, unsuspended sentence of imprisonment or a protective measure associated with incarceration in the Czech Republic.
(6) The presiding judge will set a reasonable time limit in the decision, which must not exceed 1 month, within which the temporarily surrendered person must be returned. This time limit may be extended on the basis of an agreement with the competent foreign authority solely for the same purpose, for which was the temporary surrender authorized. If return of the person is prevented by circumstances beyond the control of the foreign state or if returning the person would endanger his life or health, the person must be returned without an undue delay after such impediment ceased to exist. Temporary surrender may be granted repeatedly.

Section 101 Extradition Custody and Execution of Extradition
(1) After the Minister of Justice decides to authorize extradition and in case of simplified extradition upon a petition of the public prosecutor will the presiding judge decide on taking the person into extradition custody or on conversion of preliminary custody into extradition custody, unless he decided on suspension of the extradition. Provision of Section 67 and 68 of the Code of Criminal Procedure will not apply. If the presence of the person concerned by the extradition in the course of deciding on the extradition custody cannot be secured otherwise and if it is not a case of simplified extradition, it will be proceeded pursuant to Section 69 of the Code of Criminal Procedure accordingly; in this case Section 79 (1) and Section 193 (1) will not apply. The presiding judge will immediately inform the Ministry about his decision.
(2) Procedure under Sub-section (1) will apply even if the person is placed in custody, serving an unsuspended sentence of imprisonment or protective measure associated with incarceration. In this case the person will be released from custody by the presiding judge of the court conducting the proceedings, in pre-trial proceedings the public prosecutor exercising supervision over maintaining of legality and from execution of an unsuspended sentence of imprisonment or protective measure associated with incarceration the presiding judge of the court, that decided the case, in which was such a sentence or protective measure imposed, in the first instance.
(3) Section 71(1) sentence two and three, Sub-section (2) (b), Section 72 to 74a of the Code of Criminal Procedure will not apply in further proceeding concerning the extradition custody Other provisions of Chapter four, Sub-division one of the Code of Criminal Procedure will apply accordingly. Petition of the person concerned by the extradition for release from extradition custody will be decided by the court. A complaint of the public prosecutor is admissible against the decision on the release from extradition custody, which has a dilatory effect. A complaint is admissible against the decision on dismissing the petition for a release from extradition custody.
(4) After the notification by court according to Sub-section (1) the Ministry will negotiate the date of extradition of the person with the competent authorities of the foreign state. Extradition of the person to the competent authorities of the foreign state and related release of the person from extradition custody will be secured by the presiding judge.
(5) Extradition custody may not last longer than 3 months. The person concerned by the extradition must be released from extradition custody on the last day of this time period at the latest. In case the extradition could not be realized due to unforeseeable circumstances, the presiding judge may decide, upon a petition of the Ministry, to extend the time limit before its expiration by up to 3 months. The total duration of extradition custody may not exceed 6 months; this does not preclude imposing extradition custody on the basis of a new request of the foreign state for extradition of the person for the same act.
(6) Into the longest permissible duration of extradition custody will not be counted the time
a) the person concerned by the extradition was considered to be an applicant for granting international protection,
b) for which the enforceability of the decision on authorization of extradition was suspended by the Constitutional Court,
c) that passed from serving a request of the European Court for Human Rights to the Ministry for not executing the extradition before the European Court for Human Rights decides on the complaint of the person concerned by the extradition, until the time such a decision is made.
(7) The presiding judge will immediately release the person from extradition custody and terminate the proceedings, if a reason for termination of preliminary investigation referred to in Section 92 (7) (c), (e), (f) or (g) arises or if a reason for termination of preliminary investigation referred to Section 92 (7) (d) is ascertained. The presiding judge will proceed accordingly, if the Minister of Justice repealed his decision on authorization of extradition with regard to change of circumstances and did not authorize the extradition. The presiding judge will terminate the extradition proceedings also in case a reason for termination of preliminary investigation referred to in Section 92 (7) (f) arises.

Section 102 Concurrence of Requests for Extradition from Several States
(1) In case requests of several foreign states for extradition of the same person are received, conditions of admissibility of extradition will be assessed in relation to each of these requests separately. In such a case the competence for proceedings on assessment of admissibility of extradition on the basis of an extradition request served later will pertain to the court competent for proceedings on admissibility of extradition on the basis of a request received earlier. After the decision on admissibility of extradition comes to full force and effect, the Minister of Justice will decide, to which state this person will be extradited. At the same time he may grant a consent to his extradition to another state that requested his extradition.
(2) When deciding to which foreign state will the person be extradited, the Minister of Justice will consider especially the order, in which the requests were received, circumstances of commission of the criminal offences, for which the extradition is requested, including their seriousness, the type and extent of the imposed sentences and the probability of each state in question to achieve subsequent extradition of the person from the state, to which the person would be extradited from the Czech Republic, as well as the fact, whether the extradition is requested for the purpose of criminal proceedings or execution of an unsuspended sentence of imprisonment or a protective measure associated with incarceration.
(3) Provision of Section 96 will not apply in case of concurrence of requests for extradition; if the person concerned by the extradition already gave his consent with his extradition, such consent will not be taken into account.

Section 103 Extension of Extradition
(1) Provisions of this Sub-chapter will apply accordingly to proceedings on requests of foreign state, to which was extradited a person, for granting a consent with
a) with prosecution of the person for another act committed before the extradition, than for which was the extradition authorized,
b) with execution of a sentence or protective measure imposed for such an act, or
c) with extradition to a third state for criminal prosecution for such an act or for execution of an unsuspended sentence of imprisonment or protective measure associated with
incarceration imposed for such an act.
(2) Competence for conducting proceedings on such request will pertain to the authorities involved in proceedings on the original request for extradition of this person.
(3) The court will decide, whether granting the consent with extradition is admissible in a public session in the presence of the public prosecutor and the defense counsel of the person, concerning which the was consent requested. The person, concerning which the consent was requested, will be served only a notice to select a defense counsel, appointment of a defense counsel and the decision on admissibility or inadmissibility of granting the consent with extension of extradition. If the foreign state did not submit a comment of the person on extension of extradition, the Ministry will proceed pursuant to Section 88 (3) accordingly.
(4) The consent according to Sub-section (1) is not necessary, if the person declared before a foreign court after being extradited that he waives the application of the principle of specialty or in case simplified extradition was realized. In this case the Ministry will notify the foreign authority about this fact.

Section 104 Transfer of Items
(1) Items in possession of the person concerned by extradition that may serve as evidence in in criminal proceedings in the foreign state or that come from criminal activity, may be secured upon a request of the foreign state for transfer of items. Therein will be proceeded pursuant to Chapter I Sub-chapter 2 and 3 accordingly. These items may be transferred to the foreign state, even if the person concerned by the extradition dies or flees.
(2) Seizure of items expires upon their transfer to the foreign state, unless a third person claims rights to these items. In such a case transfer of these items will be conditioned by their return to the Czech Republic.

PART ONE GENERAL PART
CHAPTER I COMPETENCY OF CRIMINAL LAWS
Division 3 Local Applicability

Section 10 Extradition and Transfer of Citizens of the Czech Republic
(1) A citizen of the Czech Republic cannot be extradited for the purpose of criminal prosecution or execution of a sentence to a foreign state.
(2) A citizen of the Czech Republic may be transferred to another Member State of the European Union only on the basis of a European Arrest Warrant.

PART ONE
GENERAL PART

CHAPTER I
COMPETENCY OF CRIMINAL LAWS

Division 3
Local Applicability

Section 10 Extradition and Transfer of Citizens of the Czech Republic
(1) A citizen of the Czech Republic cannot be extradited for the purpose of criminal prosecution or execution of a sentence to a foreign state.