PART FOUR Cooperation with International Criminal Courts and Tribunals
Chapter III Surrender of Persons

Section 164
Provisions of Part three Chapter II Sub-chapter II will apply to surrender of persons to an international court accordingly, unless stipulated otherwise in this Part. Provisions of Section 90, Section 91 (1) (b), (c), (e) to (g) and (j) will not apply. Provisions of Section 87, Section 88 (3), Section 89 (1) (b) and (e), Section 91, Section 92 (7) (d) and (h), Section 95 (1), (5) and (6) and Section 97 will not apply also if an international court referred to in Section 145 (1) (b) is concerned.

Section 165 Competence of Court an Public Prosecutor’s Office
In case surrender of a person to an international court referred to in Section 145 (1) (a) or (b) is concerned, the court competent to proceed according to this Chapter is the Regional Court in Prague. Actions, competence for which under this Chapter pertains to a public prosecutor, will be performed by a public prosecutor of the Regional Public Prosecutor in Prague.

Section 166 Preliminary and Extradition Custody
(1) In case of surrender of a person to an international court referred to in Section 145 (1) (a), the presiding judge will take the person into preliminary custody upon a request of this court for preliminary custody or upon an order of this court for arrest and surrender of the person after his delivery to the court according to Section 93 (3). Therein the court will not be bound by the grounds for custody according to Section 94 (1).
(2) In case surrender of a person to an international court referred to in Section 145 (1) (a) or (b) is concerned, the public prosecutor will release the person from preliminary custody pursuant to Section 94 (3), if the preliminary investigation was initiated without a request or order of the international court for surrender of the person and such request or order was not delivered to the Czech Republic within the time limit stipulated by the regulations of the international court , or within 60 days from taking the person into preliminary custody, if regulations of the international court do not stipulate any such time limit. In case an international court referred to in Section 145 (1) (a) is concerned and the request or order is delivered subsequently, the presiding judge will take the person into preliminary custody according to Sub-section (1).
(3) The court will immediately inform the international court through the Ministry about every application of the person for release from preliminary or extradition custody, including the reasons of such application. At the same time it will request an opinion on such request and advice the international court about a time limit, within which it is necessary to decide on such application for release from preliminary or extradition custody. When deciding on such request the court will take into account the opinion of the international court, if it was delivered on time. If an international court referred to in Section 145 (1) (a) is concerned, the person concerned by the surrender may be released from preliminary custody only if it is substantiated by urgent and extraordinary circumstances and at the same time some of the measures supplementing custody according to the Code of Criminal Procedure; upon a request of the international court the court will send it reports whether the supplementation of preliminary custody still remains in effect and whether the person concerned by the surrender remains in the territory of the Czech Republic and whether he does not avoid the surrender proceedings.

Section 167
(1) In case surrender of a person to an international court referred to in Section 145 (1) (a) is concerned, the purpose of preliminary investigation will be to ascertain, whether
a) the person concerned by the extradition is the person, for whom the international court issued an arrest warrant,
b) apprehension of the person was realized in compliance with the law,
c) the authorities of the Czech Republic observed the rights of the person stipulated by legal
regulations of the Czech Republic and legal regulations of the international court.
(2) In case surrender of a person to an international court referred to in Section 145 (1) (a) is concerned and the public prosecutor or after conclusion of preliminary investigation the court ascertains matters of fact referred to in Sub-section (1), they will immediately inform the international court thereof through the Ministry and request it to declare whether it insists on surrender of the person.
(3) If the person concerned by the surrender objects that his surrender to an international court referred to in Section 145 (1) (a) is prevented by immunity according to international law, the public prosecutor and after the conclusion preliminary investigation the court will inform the international court through the Ministry about such objection and request its opinion on further procedure.
(4) If the person concerned by the surrender objects that his surrender is prevented by an ongoing proceedings on admissibility of proceedings before the international court or other similar matter, the public prosecutor and after the conclusion preliminary investigation the court will inform the international court through the Ministry about such objection and request its opinion on further procedure.
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(5) In case the an international court requests that the person concerned by the surrender is handed copies of arrest warrant or other documents related to proceedings before the international court, it will be done by the public prosecutor within the framework of preliminary investigation and the protocol on handover of such documents with a list thereof will be immediately sent to the international court.

Section 168 Surrender and its Realization
(1) In case surrender to an international court referred to in Section 145 (1) (a) is concerned, surrender of the person will be ordered by the court after the conclusion of preliminary investigation upon a petition of the public prosecutor, generally within 30 days after the service of the request or order of the international court for surrender of the person. Failure to comply with this time limit will be notified to the international court by the court and in preliminary investigation by the public prosecutor through the Ministry.
(2) In case surrender to an international court referred to in Section 145 (1) (b) is concerned, surrender of the person will be decided on by the court after the conclusion of preliminary investigation in a public session upon a petition of the public prosecutor. If there is any of the grounds for inadmissibility of surrender referred to in Section 91 (1) (a), (h), (i), (n), (o) or (p) present, the court will decide not to authorize the surrender. A complaint is admissible against these decisions, which has a dilatory effect.
(3) In case surrender to an international court referred to in Section 145 (1) (a) is concerned and if the authorities of the international court or other authorities delegated by the international court to take over this person in the territory of the Czech Republic are unable to do so, the Police of the Czech Republic will hand it to the authorities of the international court or other authorities delegated by the international court in a place designated by the international court, also in a foreign state.

Section 169 Suspension of Surrender and Temporary surrender
(1) In case surrender of a person to an international court referred to in Section 145 (1) (a) is concerned and if there is a reason for suspension according to Section 99 (1), the presiding judge may, upon a petition of any of the authorities or persons referred to in Section 99 (2), request the international court upon the surrender of the person to return him to the Czech Republic after his presence at the international court ceases to be necessary for the purpose of proceedings before the international court or for the purposes of execution of a sentence imposed by the international court.
(2) In case surrender of a person to an international court referred to in Section 145 (1) (b) is concerned, surrender may be suspended only with a previous consent of the international court. In the decision on the suspension the presiding judge will set a time limit, before expiration of which must the person surrendered to the international court. If the reason for the suspension of surrender is a criminal proceeding conducted in the Czech Republic, the presiding judge will set this time limit so that it did not exceed 6 months; if the reason for the suspension of surrender is execution of an unsuspended sentence of imprisonment finally and effectively imposed by a court of the Czech Republic, the presiding judge will set this time limit so that its last day fell upon the last day of the expected term of execution of the sentence. The presiding judge may extend this time limit with the consent of the international court, also repeatedly.
(3) In case surrender of a person to an international court referred to in Section 145 (1) (b) is concerned, temporary surrender to this international court may be authorized only with its consent.

Section 170 Consent with Extension of Surrender
(1) Consent according to Section 103 (1) is not required also if
a) the person was surrendered to an international court referred to in Section 145 (1) (a) and if prosecution this person before such international court or execution of a sentence imposed by such international court is concerned, or
b) the person was extradited from the Czech Republic to a foreign state and if his transfer from the foreign state to an international court referred to in Section 145 (1) (a) is concerned.
(2) Consent pursuant to Section 216 (1) will not be required also if surrender of a person from a Member State, to which he was surrendered from the Czech Republic, to an international court referred to in Section 145 (1) (a) is concerned.

Chapter IV Execution of Decisions
Section 171
Recognition and execution of decisions of an international court will be governed by provisions of Part three Chapter IV Sub-chapter 1 accordingly, unless this Part stipulates otherwise. Provisions of Section 120 (1) (a), (b), (d), (e) and (i) and Sub-section (3), Section 132 (2) to (4) and Section 133 (2) will not apply. Section 120 (1) (c), (f) and (g), Section 121 (1) and (2), Section 123, 124 and 127 will not apply in case of an international court referred to in Section 145 (1) (a). Provision of Section 124 (6) will not apply also in case of an international court referred to in Section 145 (1) (b).

Section 172
(1) In case a decision of an international court referred to in Section 145 (1) (a) is concerned, the court will order its execution upon a petition of the Ministry. If the international court changes the extent of the sentence in the course of its execution, the court will order execution of the sentence in this new extent and decide on the inclusion of the so far served portion of the sentence.
(2) A sentence imposed by an international court referred to in Section 145 (1) (a) or (b) may be executed in the Czech Republic also in a higher extent than allowed by the Criminal Code.
(3) In case a decision of an international court referred to in Section 145 (1) (c) is concerned and if the extent of the sentence exceeds the upper limit of criminal rate for the corresponding criminal offense according to the Criminal Code, the court will adjust the extent of the sentence pursuant to Section 124 (2) (b) after a consultation with this international court.

Section 173 Request for Review of Decision of International Court
In case the authorities of the Czech Republic receive a petition or request for review of a decision of an international court, which is being executed or is to be executed in the territory of the Czech Republic, they will forward such request without an undue delay to the international court through the Ministry.

Section 174 Takeover of Execution of Unsuspended Sentence of Imprisonment
(1) In order to execute an unsuspended sentence of imprisonment imposed by an international court may be taken over
a) a citizen of the Czech Republic or a person with a permanent residence in the territory of the Czech Republic, or
b) another person, if the international court undertakes to bear the costs of execution of the sentence.
(2) In case takeover of a person for execution of an unsuspended sentence of imprisonment imposed by a decision of an international court referred to in Section 145 (1) (a), the court will decide upon a petition of the Ministry before ordering the execution by a judgment on placing the person the convict into a specific type of prison. Proceedings on the petition of the Ministry will be governed by Section 123, Section 125 (1) (b) and (c) and Sub-section (2) and Section 127 accordingly.
(3) In case an international court referred to in Section 145 (1) (a) requests before surrendering a person for execution of an unconditional sentence of imprisonment for a reassurance that any time limits or other conditions for conditional release from execution of the unconditional sentence of imprisonment or for premature termination of execution of such execution pursuant to the regulations of the international court will be complied with, then consent of such person under Section 126 will not be required.
(4) In case a change of the conditions referred to in Sub-section (1) occurs in the course of execution of an unconditional sentence of imprisonment or if it comes to light that these conditions were not complied with in the time of the takeover, the Ministry will immediately inform the international court thereof and consult it about next proceeding. In case none of the conditions referred to in Sub-section (1) is complied with, the Ministry will request the international court to determine another state, in which the person will continue to serve the unconditional sentence of imprisonment. If the international court fails to grant this request, execution of the sentence will continue in the Czech Republic.

Section 175
(1) The person, with whose takeover for execution of an unsuspended sentence of imprisonment imposed by an international court has the Ministry granted its consent, will be taken over by the authorities of the Prison Service upon an instruction of the Ministry from the authorities of the international court or foreign state in the place and time specified by the Ministry after a consultation with the international court. In a place outside the territory of the Czech Republic authorities of the Prison Service will the take over a person only in case the international court or foreign state undertakes to bear the costs associated with his transport into the Czech Republic.
(2) In case a person taken over according to this Chapter into the Czech Republic for execution of a decision of an international court referred to in Section 145 (1) (a) or (b) is concerned, prosecution of this person in the Czech Republic, execution of another sentence or protective measure imposed to this person and extradition or surrender of this person into a foreign state or another international court will be governed by Section 85 accordingly.
(3) In case the regulations of an international court do not permit that a court of the Czech Republic decided on suspension of execution of a sentence, intermission of execution of a sentence or on conditional release of a person taken over according to this Chapter into the Czech Republic, and if the authorities of the Czech Republic receive a request or incentive for such a decision, the Ministry will forward it to the international court; provision of Section 159 (3) and (4) will apply accordingly also for proceedings held before an international court on such request. If the regulations of the international court permit that a court of the Czech Republic decided on such request, this court will ask the international court for its opinion through the Ministry before making a decision.
(4) In case a citizen of the Czech Republic or a person with a permanent residence in the territory of the Czech Republic is not concerned, the Ministry may stipulate, before releasing the person from execution of an unsuspended sentence of imprisonment, that after his release the person taken over according to this Chapter into the Czech Republic is to be surrendered to a state, he is a citizen of or in which he is authorized to stay, or to a state that is willing to accept him, is such state or international court undertakes to bear the costs associated with his transport into this state, or if the person is to be handed over to the authorities of this state at a border crossing. When determining into which state is the person to be surrendered, the Ministry will take into account also the opinion of this person. The authorities of the Prison Service will hand over the person to the authorities of the foreign state in place and time determined by the Ministry after a consultation with the international court or foreign state.

Section 176
(1) If it is necessary that the person taken over into the Czech Republic pursuant to this Chapter participated in proceedings before an international court, authorities of the Prison Service will surrender the person to the authorities of international court upon an instruction of the Ministry for a time period determined by the international court in the time and place determined by the Ministry. In a place outside the territory of the Czech Republic the authorities of the Prison Service will hand over the person to the authorities of the international court only in case the international court undertake to bear the costs associated with his transport to this location. Taking the person back from the authorities of the international court will be governed by provisions of sentence one and two accordingly.
(2) If an international court decides, after surrendering a person into the Czech Republic, that this person is to be returned to the international court or that it is to continue serving an unsuspended sentence of imprisonment in a foreign state, the authorities of the Prison Service will surrender the person to the authorities of the international court or foreign state in time and place determined by the Ministry. In a place outside the territory of the Czech Republic the authorities of the Prison Service will hand over the person to the authorities of the international court or foreign state only in case the international court or foreign state undertakes to bear the costs associated with his transport to this location.

Section 177
(1) If the person surrendered according to this Chapter into the Czech Republic escapes from execution of an unsuspended sentence of imprisonment, the Ministry will immediately inform the international court thereof and consult it about the next procedure. The court that decided on recognition and execution of a decision of the international court or that decided on placing this person into a specific type of prison will immediately issue an order to deliver the person for execution of an unsuspended sentence of imprisonment. In case the person has fled abroad, it will be proceeded according to Part three Chapter UU Sub-chapter 1, unless the Ministry and the international court agree otherwise after a mutual consultation.
(2) The court will withdraw the order to deliver a person for execution of an unsuspended sentence of imprisonment issued in accordance with to Sub-section (1) also in case this person was surrendered from a state, in the territory of which he was apprehended, to the international court, or if he was surrendered or extradited from a state, in the territory of which he was apprehended, to another state determined by the international court.

Section 178 Takeover of Execution of Property related Decisions
(1) In case of execution of a decision of an international court referred to in Section 145 (1) (a) or (b), which imposed a financial penalty, the financial amount collected by execution of the decision will belong to the international court and the court will transfer it to the international court or to whomever the international court designates to a bank account of their choosing.
(2) In case of execution of a decision of an international court referred to in Section 145 (1) (a) or (b) which imposed a sentence of confiscation of property or confiscation of items or other asset values, the organizational unit of the state, to which pertains, according to the Act on the Property of the Czech Republic and its Representation in Legal Relations, to administer the property of the Czech Republic, will sell the property, item or asset value obtained by execution of the decision and transfer the financial amount acquired by the sale to the international court and the court will transfer it to the international court or to whomever the international court designates to a bank account of their choosing. If an item that is part of the national cultural treasure of the Czech Republic or another state is concerned, and if the property, item or other asset value cannot be sold due to their nature or for other reasons, further procedure will be consulted with the international court.
(3) Payment of the financial penalty in installments may be authorized or its execution may be waived inly with a consent of the international court.

Section 179
(1) According to this Chapter will be proceeded also in the course of recognition of orders of international court referred to in Section 145 (1) (b) and (c) for compensation of entitled persons. An order of an international court referred to in Section 145 (1) (a) for compensation of entitled persons will be executed without having to decide on its recognition.
(2) In the course of execution of an order for compensation of entitled persons, the person, to whom such decision granted a claim, or the court, if it is requested by an international court or a fund established for the purposes of compensation of entitled persons by an international court, or a similar institution that can be considered as an auxiliary body of an international court, will proceed according to the Code of Civil Procedure.
(3) If the court proceeds pursuant to Sub-section (2), the financial sum acquired by execution of a decision of an international court will pertain to the international court and the court will transfer it to this international court or a fund established for the purposes of compensation of entitled persons by an international court, or a similar institution that can be considered as an auxiliary body of an international court to a bank account of their choosing.

Section 180
Upon a request of an international court referred to in Section 145 (1) (a), a decision of this international court imposing a disciplinary fine may be executed. In the course of execution of such a decision will be proceeded pursuant to the Code of Criminal Procedure accordingly. The financial sum acquired by execution of a decision of an international court will pertain to the international court and the court will transfer it to the international court to a bank account specified by it.