National procedures re enforcement of sentences imposed

Czech Republic

Czech republic - Criminal Code 2010 (2011) EN

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.

Czech republic - Criminal Procedure Code 1961 (2012) EN

PART ONE
GENERAL PART

CHAPTER I
COMPETENCY OF CRIMINAL LAWS

Division 3
Local Applicability

Section 11 Execution of a Judgment of a Foreign State
A criminal judgment of a foreign state cannot be executed in the territory of the Czech Republic or have other effects in this territory unless the law or an international treaty stipulates otherwise.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

1.

(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.

2.

(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.