PART ONE OPENING PROVISIONS

Section 10 Receiving and Transferring Persons and Items
(1) Anypersontransferredwithintheframeworkofinternationaljudicialcooperationtothe Czech Republic from a foreign state will be received from the foreign authority by the Police of the Czech Republic and handed over to a facility for execution of protective measures or the nearest custody prison, unless this Act stipulates otherwise. This facility or prison will inform the competent court and the public prosecutor conducting supervision in the facility or prison about the placement of this person into their care, and if the person is placed into the prison or facility in the pre-trial state of proceedings under the Code of Criminal Procedure, they will inform also the public prosecutor conducting supervision over maintaining legality in pre-trial proceedings. In relation to take-over of this person they will also take over items belonging to this person from the foreign authority and items, including documents, related to the actions of international judicial cooperation, for which is the person received, if it is possible; otherwise they will proceed pursuant to Sub-section (3).
(2) The person transferred to a foreign state will be taken by the Police of the Czech Republic from the prison or facility for the execution of protective measures and handed over to the foreign authority. In relation to transfer of this person the Police of the Czech Republic will hand over to the foreign authority also items belonging to this person and items, including documents, related to the actions of international judicial cooperation, for which is the person transferred.
(3) The Police of the Czech Republic will hand over to the foreign authority or take over from it items related to the action of international judicial cooperation, if it is not possible or appropriate to send it via the operator of postal services or to transfer it in another way. The Police of the Czech Republic will similarly secure transit of items through the territory of the Czech Republic, including its take-over and hand-over to the foreign authority.
(4) If a person, for which a court has issued an arrest warrant, order for apprehension or order for delivery for execution of a sentence, or concerning who the court took steps aimed towards his delivery for execution of a protective measure associated with incarceration, is to be banished or otherwise transferred according to the law of this state, and the foreign state is willing to transfer this person to the Czech Republic without deciding on his extradition, the procedure of receiving such a person will governed accordingly by Section 83 (1) first and third sentence, or the Police of the Czech Republic may reimburse the foreign state, authorities of which transferred this person to the territory of the Czech Republic, for the costs associated with his transfer. For these purposes may the judicial and central authority provide the foreign authority with necessary information, including personal data and translations of documents.
(5) The person, who is transferred to a foreign authority or received from it pursuant to this Act, does not need to be equipped with a travel document for the purpose of crossing state borders.

PART THREE Individual forms of International Judicial Cooperation
Chapter V Transit of Persons
Sub-chapter 1 Request for Authorization of Transit of Persons through the Territory of a Third State

Section 141
(1) The Ministry will be competent to file requests for authorization of transit through the territory of a third state in relation to
a) requesting extradition of a person from a foreign state into the Czech Republic,
b) takeover of a person transferred to the Czech Republic by a foreign state, without having
decided on his extradition,
c) request of court for legal assistance,
d) transfer of criminal proceedings from the Czech Republic into a foreign state after
lodging an indictment, or
e) takeover of a convict from a foreign state into the Czech Republic.
(2) The Supreme Public Prosecutor’s Office will be competent to file requests for authorization of transit through the territory of a third state in relation to
a) request of public prosecutor’s office for legal assistance,
b) takeover of criminal proceedings from a foreign state into the Czech Republic, or
c) transfer of criminal proceedings from the Czech Republic into a foreign state prior to
lodging an indictment.
(3) The judicial authority will provide the central authority upon its request and within a time limit set by it documents necessary to file requests for transit, including translations of documents into a language accepted by the third state. If the matter cannot be delayed, the central authority may secure translation of the necessary documents into a language accepted by the third state.

Sub-chapter 2 Transit of Persons through the Territory of the Czech Republic

Section 142
(1) The Ministry will be competent to accept requests of foreign states for authorization of transit of persons through the territory of the Czech Republic within the framework of international judicial cooperation between two or more foreign states, and to authorize the transit. In case the request is served to another authority of the Czech Republic, it will immediately forward it to the Ministry.
(2) The Ministry will not authorize transit of persons through the territory of the Czech Republic, if
a) a citizen of the Czech Republic is concerned,
b) the state requesting the transit through the territory of the Czech Republic fails to
document, for what purposes is the transit to be authorized,
c) there is a possibility to impose a death penalty in the criminal proceedings, concerning
which is the transit requested, and the state conducting the proceedings does not provide a
guarantee that the death penalty will not be imposed or executed,
d) transit for the purpose of extradition of a person for execution of a death penalty is
concerned,
e) transit in relation to a criminal offense of a strictly political or military character is
concerned,
f) it would be contrary to the obligations arising for the Czech Republic from international
treaties on human rights and basic freedoms,
g) there is a reasonable concern that the person would be subject to persecution for his race,
religion, sex, membership to a certain national or other group, nationality or for his
political beliefs in the state, to which he is to be extradited or surrendered,
h) an order to arrest, order to detain or order to deliver a person for execution of a sentence of imprisonment, European Arrest Warrant or an arrest warrant issued pursuant to Part five Chapter II Sub-chapter 4 was issued in the Czech Republic for the person, whose transit is requested, or if the court took steps aimed towards delivering the person to
execution of a protective measure associated with incarceration, or
i) such transit between the Czech Republic and the state requesting the transit through the
territory of the Czech Republic is not regulated by an international treaty and this state does not provide assurance of reciprocity; this will not apply, if the transit is requested by another Member State within the procedure under Part five.
(3) Authorization of transit of a person through the territory of the Czech Republic for a kind of international judicial cooperation that comprises returning the person, will apply also to his eventual return transit.
(4) Authorization of transit of a person through the territory of the Czech Republic is not necessary in case of flight transit without landing in the territory of the Czech Republic.

Section 143
(1) In case of a flight transit of a person with a scheduled landing in the territory of the Czech Republic, if the expected duration of transit does not exceed 8 hours and if leaving the airport premises is not expected, the person whose transit is concerned will be restrained for the time of the transit by authorities of the foreign state accompanying him, with the assistance of the authorities of the Police of the Czech Republic.
(2) If the time of transit incidentally exceeds 8 hours or if it is necessary to leave the premises of the airport, authorities of the Police of the Czech Republic will take the person from the authorities of the foreign state, restrain him and draw up a protocol thereof. Taking over the person and restraining him will be immediately notified to a public prosecutor of the Regional Public Prosecutor’s Office, in jurisdiction of which is the place of landing located, and the public prosecutor will be given a copy of the protocol and other documents necessary for the public prosecutor in order to file a petition for taking the person into transit custody. The public prosecutor will file such a petition within 24 hours after the landing, otherwise the person must be released.
(3) The presiding judge of the Regional Court, in jurisdiction of which is the place of landing located, will decide on imposing the transit custody within 24 hours after the petition is filed. Provisions of Chapter four, Sub-division one of the Code of Criminal Procedure will not apply. After deciding on taking the person into transit custody the Ministry will set a reasonable time limit not exceeding 18 days from the landing to the state that requested the transit to take over the person and finish the transit; if this state fails to do so in the set time limit, the presiding judge will order release of the person from the transit custody on the last day of this time limit at the latest. Release of the person from transit custody in relation to the conclusion of the transit will be secured by the presiding judge of the Court, which has decided on the transit custody.
(4) In other cases than referred to in Sub-section (1) and (2) the Ministry will, before authorizing the transit, file a petition to the Supreme Court for a decision that the person, whose transit is concerned, will be placed in transit custody for the time of the transit through the territory of the Czech Republic. The Supreme Court will grant such petition only in case the conditions stipulated by an international treaty are present or if there is no reason for not authorizing the transit. Provisions of Chapter four Sub-division one of the Code of Criminal Procedure will not apply. If the Supreme Court dismisses the petition, the Ministry will not authorize the transit.
(5) In other cases than referred to in Sub-section (1) and (2), transit of persons through the territory of the Czech Republic, including the handover of the person to the competent authority of the foreign state, will be realized by the Police of the Czech Republic.

Section 144
(1) If in case of a flight transit without a scheduled landing in the territory of the Czech Republic occurs an incidental landing in its territory, authorities of the Czech Republic will take the person from the authorities of the foreign state, restrain him and draw up a protocol thereof. Takeover of the person and his restraining will be immediately notified to the public prosecutor of the Regional Public Prosecutor’s Office, in jurisdiction of which is the place of
landing located, and he will be given a copy of the protocol and other documents necessary in order to file a petition for taking the person into transit custody. The public prosecutor will file such petition within 24 hours after the incidental landing, otherwise the person must be released. The public prosecutor will not file petition for taking the person into transit custody and will order his release, if it is clear that the conditions stipulated by an international treaty are not met or if there is any reason for not authorizing the transit through the territory of the Czech Republic referred to in Section 142 (2) (a) to (h).
(2) Taking the person into transit custody will be decided on by the presiding judge of the Regional Court, in the jurisdiction of which is the place of the incidental landing located, within 24 hours after filing the petition. Provisions of Chapter four Sub-division one of the Code of Criminal Procedure will not apply. If it is clear that the conditions stipulated by an international treaty are not met or if there is any reason for not authorizing the transit through the territory of the Czech Republic referred to in Section 142 (2) (a) to (h), they will order release of the person.
(3) In case the person was taken into transit custody and if a request for authorization of transit is not served within the time limit of 18 days after the incidental landing, the presiding judge will order release of the person from the transit custody on the last day of this time limit at the latest. If the Ministry authorizes the transit after the request is served, it will set a reasonable time limit not exceeding 18 days to the state that requested the transit for taking over the person and concluding the transit; if this state fails to do so in the set time limit, the presiding judge will order release of the person from the transit custody on the last day of this time limit at the latest. Releasing the person from the transit custody in relation to conclusion of the transit or non-authorization of the transit will be secured by the presiding judge of the court that decided on the transit custody.
(4) Provisions of Sub-sections (1) to (3) will apply accordingly also if an incidental landing occurs in the course of a flight transit through the territory of the Czech Republic, if the transit cannot be resumed for a time period exceeding 8 hours, or if it is necessary to leave the premises of the airport, where the incidental landing occurred. After taking the person into transit custody will the Ministry set a reasonable time limit not exceeding 18 days to the state that requested the transit for taking over the person and concluding the transit.

PART FOUR Cooperation with International Criminal Courts and Tribunals
Chapter VI Transit of Persons

Section 184
(1) Transit of persons through the territory of the Czech Republic in relation to assistance provided by a foreign state to an international court will be governed by provisions of Part three Chapter V Sub-chapter 2 accordingly, unless this part stipulates otherwise. Provisions of Section 142 (2) (a), e), (f), (g) and (i) will not apply.
(2) As assistance provided by a foreign state to an international court according to Sub- section (1) will be considered also surrender of a person between two foreign states in relation to execution of an unsuspended sentence of imprisonment imposed by an international court.
(3) Authorization of transit of a person through the territory of the Czech Republic will not be required, if an international court referred to in Section 145 (1) (a) is concerned.