PART THREE Individual forms of International Judicial Cooperation
Chapter I Legal Assistance
Sub-chapter 3 Special Provisions on some Actions of Legal Assistance
Section 69 Temporary Takeover of Persons from Foreign States
(1) In case participation of a person other than the accused or suspect is necessary in order to perform actions in criminal proceedings in the territory of the Czech Republic and this person is in custody or serving an unsuspended sentence of imprisonment or protective measure associated with incarceration in a foreign state, the public prosecutor and after lodging an indictment the court will request temporary surrender of this person. The request for legal assistance must specify, in addition to requisites referred to in Section 41 (1), also for which actions, for what time period and for what reasons is the presence of this person necessary, and a reassurance that this person will be held in custody for the time of the temporary surrender. If the foreign state requests a reassurance that restrictions implied by a certain reason for custody in its territory will be applied to this person, the public prosecutor and after lodging an indictment the presiding judge may provide such reassurance, provided that these restrictions are not contrary to the law of the Czech Republic.
(2) If the foreign state allows a temporary surrender of a person, the judge will decide upon a petition of the public prosecutor, and after lodging an indictment the presiding judge will decide that this person will be held in custody for the time of the temporary surrender. The custody will begin at the moment of taking over this person by the authorities of the Czech Republic. The decision will be served to the person without an undue delay after his placement in the prison facility. Provisions of Chapter IV, Sub-division one of the Code of Criminal Procedure will not apply.
(3) Returning the person to the state that has temporarily surrendered him, and associated release of this person from custody will be secured by the public prosecutor and after lodging an indictment by the presiding judge. The time period, for which was the temporary surrender granted, may not be exceeded, unless the foreign state consents to it.
(4) In case the temporarily surrendered person applies for release from custody, the public prosecutor and after lodging an indictment the presiding judge will forward this application to the competent foreign authority.
(5) If the foreign authority responds that the temporarily surrendered person is to be released from custody, the public prosecutor and after lodging an indictment the presiding judge will secure his release from custody without undue delay; 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.
(6) Provisions of Sub-sections (2) to (5) will apply accordingly to temporary takeover of a person from a foreign state for the purpose of execution of actions of legal assistance in the territory of the Czech Republic on the basis of a request of the foreign state for legal assistance.
(7) Provisions of Sub-sections (1) to (5) will apply accordingly also to temporary takeover of a person serving a sentence of imprisonment in a foreign state, for which he was extradited to this state from the Czech Republic according to Chapter IV Sub-chapter 2, if his presence in the Czech Republic is necessary for the purpose of review of a judgment.
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:
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.