PART THREE Individual forms of International Judicial Cooperation
Chapter I Legal Assistance
Sub-chapter 2 Providing Legal Assistance to Foreign Authorities

Section 48 Competence for Receiving Requests for Legal Assistance and their Execution
(1) In case there is pre-trial proceeding being conducted in a foreign state, the Supreme Public Prosecutor’s Office will be competent to accept a request of the foreign authority for legal assistance; otherwise the Ministry will be competent.
(2) The central authority will review the request for legal assistance of the foreign authority especially in view of the conditions and requirements arising from this Act or by an international treaty and the conditions implied from previous mutual cooperation, and will forward it to a judicial authority competent for its execution, or return in along with stating reasons, for which it could not be forwarded for execution, or will request the required supplementations within a time limit set by it. If the foreign authority fails to send the requested supplementations within the set time limit without stating substantial reasons therefor, the central authority will send the request back.
(3) If an international treaty allows for a direct contact between judicial authorities in the course of realization of legal assistance, the competence to accept the request of the foreign authority for legal assistance will pertain to the judicial authority competent for its execution pursuant to Sub-section (5) and (6). This judicial authority will review the request of the foreign authority from the view of the aspects referred to in Sub-section (2) and will proceed to its execution, or it will return the request with stating reasons, for which it was impossible to execute it, or will request the necessary supplementations within a time limit set by it. In case the foreign authority failed to send the requested supplementations within the set time limit without stating substantial reasons therefor, the judicial authority will send the request back.
(4) If a request for legal assistance was delivered to an authority, which is not competent to accept it, it will immediately forward it to the authority competent to accept it and will notify the foreign authority thereof.
(5) In case there is pre-trial proceeding being conducted in a foreign state, the competence to execute it will pertain to the Regional Public Prosecutor’s Office and otherwise to the Regional Court, in the jurisdiction of which is the requested action of legal assistance to be performed, unless this Act stipulates otherwise. In case the requested action of legal assistance consists solely in service of documents, competence for execution of the request of the foreign authority will pertain to the District Public Prosecutor’s Office, if the proceeding conducted in the foreign state is in the pre-trial stage, and otherwise the District Court, in the jurisdiction of which is the service to be realized.
(6) In case several public prosecutor’s offices or courts are competent pursuant to Sub- section (5) the request of the foreign authority for legal assistance will be executed by the public prosecutor’s office or court, to which was the request forwarded by the Supreme Public Prosecutor’s Office, or the court, to which was the request forwarded by the Ministry, or in case of direct liaison the public prosecutor’s office or court, to which was the request first delivered or forwarded by an authority not competent to accept it. The central authority will forward the request of the foreign authority for legal assistance primarily to the public prosecutor’s office or court competent pursuant to Sub-section (5), in the jurisdiction of which is supposed to be performed the majority of the requested actions of legal assistance or the most demanding action of legal assistance.
(7) If the matter cannot be delayed or if there is another important reason given, the public prosecutor’s office or court competent to execute the request of the foreign authority for legal assistance may perform an action of legal assistance also out of its jurisdiction; therein it will proceed pursuant to Section 53 and 54 of the Code of Criminal Procedure accordingly.
(8) In case of a simple action of legal assistance, if it can facilitate execution of the action of legal assistance or if there is another important reason therefor, the Regional Public Prosecutor’s Office or the Regional Court competent to execute to execute the request of the foreign authority for legal assistance may in exceptional cases perform the action of legal assistance by the means of requesting the District Public Prosecutor’s Office or District Court, in jurisdiction of which is the action of legal assistance to be executed.

PART THREE Individual forms of International Judicial Cooperation
Chapter II Extradition of Persons
Sub-chapter 1 Requesting Extradition from a Foreign State

Section 80 Competence of the Ministry
(1) The authority competent to request extradition of a person from a foreign state on the basis of a request of the court pursuant to Section 79 (1) is the Ministry. After it receives the request from the court along with the required annexes, it will adopt measures for the purpose of extradition of the person from the foreign state, in particular it will ask the Police of the Czech Republic to secure search for the person concerned by the extradition in the foreign state, and unless stipulated otherwise in Sub-section (2), it will submit a request for his extradition to the state, in the territory of which is this person located.
(2) The Ministry does not have to submit the request for extradition, if
a) it can be reasonably expected that the foreign state will not extradite the person concerned by the extradition, or
b) extradition of this person would be clearly purposeless, in particular if there are reasons referred to in Section 79 (2) (c), or inappropriate for reasons referred to in Section 79 (2) (d), unless the court states in the opinion according to Sub-section (3) that it insists on submitting the request.
(3) The Ministry will notify the court of the measures adopted in order to request extradition of persons from a foreign state. It will also notify the court of the reasons, for which it did not submit a request for extradition; in case reasons referred to in Sub-section (2) (b) are concerned, it will request an opinion of the court, as to whether the request should be submitted.

PART FOUR Cooperation with International Criminal Courts and Tribunals
Chapter II Legal Assistance

Section 156 Competence for Accepting Requests or Orders
The competence for accepting a request or order of an international court issued in proceedings before an international court will pertain before initiation of trial to the Supreme Public Prosecutor’s Office and after initiation of trial the Ministry.

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

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.