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.

PART THREE Individual forms of International Judicial Cooperation
Chapter I Legal Assistance
Sub-chapter 3 Special Provisions on some Actions of Legal Assistance

Section 70 Temporary Surrender of Persons to Foreign States
(1) A person placed in custody, serving an unsuspended sentence of imprisonment or protective measure associated with incarceration in territory of the Czech Republic may be temporarily surrendered to a foreign state for the purpose of execution of actions of criminal proceedings in the territory of this state, provided that
a) this person consents to the temporary surrender,
b) he is not in the position of suspect or accused in criminal proceedings in the foreign state,
c) his presence in the territory of the Czech Republic is not necessary for the purposes of
criminal proceedings,
d) his surrender will not result in thwarting the purpose of custody, imposed sentence or
protective measure,
e) the foreign state provides an assurance that for the time of the temporary surrender the person will be incarcerated and will be imposed the required restrictions implied by the reason for custody applicable in the territory of the Czech Republic.
(2) Temporary surrender of a person according to Sub-section (1) will be authorized and the surrender secured, concerning
a) custody in pre-trial proceedings, by the court competent under Section 26 of the Code of Criminal Procedure upon a petition of the public prosecutor,
b) custody in proceedings after lodging an indictment, by the presiding judge of the court conducting the proceedings,
c) execution of an unsuspended sentence of imprisonment or protective measure associated with incarceration, by the presiding judge of the District Court, in the jurisdiction of which is this sentence or protective measure being executed.
(3) Temporary surrender does not suspend execution of custody, unsuspended sentence of imprisonment or protective measure associated with incarceration in the Czech Republic.
(4) The court competent to authorize the temporary surrender of the person will set a reasonable time limit for his return to the Czech Republic. This time limit may be extended on the basis of an agreement with the foreign state solely for the same purpose, for which was the temporary surrender authorized; if it concerns custody in pre-trial proceedings, it may be realized only after a hearing an opinion of the public prosecutor. If return of the person is prevented by circumstances beyond the control of the foreign state, or if return of the person would put his life or health into danger, the person must be returned without an undue delay after this obstacle disappears. Temporary surrender of a person may be realized repeatedly.
(5) Prior to giving his consent with the temporary surrender, the person concerned by the temporary transfer must be made acquainted with the reason for the temporary surrender by the judge or presiding judge of the court competent pursuant to Sub-section (2) and advised on the meaning of such consent and the consequences associated thereto. The consent with temporary surrender may not be withdrawn.
(6) Provisions of Sub-section (1) to (5) will apply accordingly also to temporary surrender of a person to a foreign state for the purpose of execution of actions in criminal proceedings in the territory of the foreign state on the basis of a request of the judicial authority for legal assistance.
(7) Provisions of Sub-section (1) to (5) will apply accordingly also to temporary surrender of a person located in the Czech Republic, who is serving a sentence of imprisonment, for the execution of which was this person surrendered from a foreign state in accordance with Chapter IV, Sub-chapter 1, provided that his personal presence in the foreign state is necessary for the purpose of review of a judgment.