Costs

Czech Republic

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

PART ONE OPENING PROVISIONS

Section 11 Costs of International Judicial Cooperation
(1) Costs incurred to the authorities of the Czech Republic in the course of performing actions of international legal cooperation will be borne by the Czech Republic.
(2) If an international treaty allows reimbursement of costs referred to in Sub-section (1) or any part thereof by a foreign state, or if it is common practice in mutual relations between the Czech Republic and the foreign state within the framework of international judicial cooperation, the judicial authority will present the Ministry a calculation of these costs and substantiation thereof, as well as other data necessary for the purpose of applying for their reimbursement by the foreign state. The Ministry will request the foreign state for reimbursement of the costs based on the calculation, with the exception of cases where the application is considered purposeless or for other reasons inappropriate.
(3) Costs incurred to the foreign state on the basis of a request of the judicial authority for international judicial cooperation, for reimbursement of which the foreign state applied in compliance with an international treaty or even without such a treaty, if it is common practice in mutual relations between the Czech Republic and the foreign state within the frame of international judicial cooperation, will be paid by the Czech Republic. Costs incurred to the foreign state in the course of transit of a person or items through its territory from another state into the Czech Republic on the basis of a request of the judicial authority, reimbursement of which this state requests, will be borne by the Czech Republic. The payment will be made by the Czech Republic.
(4) Provisions of Sub-sections (1) to (3) will not affect the right to claim compensation of costs against the convict.

PART THREE Individual forms of International Judicial Cooperation
Chapter I Legal Assistance
Sub-chapter 1 Requesting Legal Assistance in a Foreign State

Section 46
In case the judicial authority request a foreign authority for execution of an action of legal assistance and the foreign authority considers the costs associated with the execution of the requested action to be inappropriate in relation to its purpose or for other reasons, the Ministry will negotiate with the foreign authority, upon a request of the judicial authority, how these cost will be reimbursed, or another appropriate measure.

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

Section 55
In case a foreign authority requests execution of legal assistance in the territory of the Czech Republic and the costs associated with the execution of the requested action would be clearly disproportional to its purpose, the Ministry will negotiate with the foreign authority how these costs will be covered, or other appropriate arrangement.

PART THREE Individual forms of International Judicial Cooperation
Chapter IV Recognition and Execution of Decision in Relation to Foreign States
Sub-chapter 1 Recognition and Execution of Foreign Decisions
Division 3 Execution of Recognized Foreign Decision

Section 132 Costs of Takeover
(1) Costs of takeover of a person from a foreign state will be borne by the Czech Republic.
(2) The person, who was taken over with his consent from a foreign state for the purpose of execution of an unsuspended sentence of imprisonment imposed by a recognized foreign
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decision, will be obliged to reimburse the Czech Republic for the expenses expended in relation to his takeover by a flat-rate sum.
(3) The flat-rate sum referred to in Sub-section (2) will the Ministry determine by a regulation.
(4) The presiding judge will decide on the obligation for reimbursement of expenses after transfer of the person to the territory of the Czech Republic. A complaint is admissible against this decision, which has a dilatory effect.

Section 133 Costs of Proceedings
(1) Costs of proceedings on recognition and execution of a foreign decision will be borne by the Czech Republic.
(2) In case execution of the recognized foreign decision has been ordered, the person, against whom this decision is directed, will be obliged to reimburse the Czech Republic for the expenses referred to in Section 152 (1) (a) to (d) of the Code of Criminal Procedure; that does not apply in case referred to in Section 132 (2).

PART FOUR Cooperation with International Criminal Courts and Tribunals
Chapter I General Provisions

Section 147 Translations
(1) If an international court sends the central authority a request or order in a foreign language without a translation, the central authority will provide the translation, if an international court referred to in Section 145 (1) (a) is concerned; possibilities of reimbursement of costs of the translation will be then consulted with the international court.
(2) If an international court referred to in Section 145 (1) (b) or (c) is concerned, the translation will be provided by the central authority if the international court provides an assurance that it will bear the costs of the translation. Otherwise the central authority may return the request or order to the international court without execution.

PART FOUR Cooperation with International Criminal Courts and Tribunals
Chapter I General Provisions

Section 150 Costs of Cooperation
(1) Costs incurred to the authorities of the Czech Republic in the course of executing requests and orders of an international court will be borne by the Czech Republic, unless they are borne by the international court.
(2) If the regulations of the international court allow that the international court bore some of the costs referred to in Sub-section (1), such costs will be borne according to an agreement between the central authority and the international court. The authority, to which these costs were incurred, will submit a calculation of these costs and reasoning thereof, as well as other necessary data, to the central authority.

Rome Statute

Article 100 Costs

1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court:

(a) Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody;

(b) Costs of translation, interpretation and transcription;

(c) Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;

(d) Costs of any expert opinion or report requested by the Court;

(e) Costs associated with the transport of a person being surrendered to the Court by a custodial State; and

(f) Following consultations, any extraordinary costs that may result from the execution of a request.

2. The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.