PART ONE OPENING PROVISIONS

Section 8 Forms of Cooperation
(1) Judicial authorities will liaise with foreign authorities through their central authorities; they may liaise directly, where an international treaty or this Act allows it.
(2) The central authorities will liaise with foreign authorities via diplomatic channels; they
may liaise in another way, where an international treaty or this Act allows it.
(3) Liaison with foreign authorities will in principle be realized in documentary form.
(4) In case a judicial authority or central authority requests international legal assistance
with a foreign state vie telephone, facsimile, electronically, by the means of international police cooperation, personally or otherwise, they will always subsequently send the original of the request in documentary form to the foreign authority, unless this Act or an international treaty provide otherwise, or unless the foreign authority expressly declares that they do not require sending the original of the request in documentary form.
(5) If the matter clearly cannot be delayed and if there is no doubt about the credibility of the request, the judicial or central authority may initiate execution of actions of international judicial cooperation on the basis of a request of a foreign authority made via telephone, facsimile, electronically, through international police cooperation, personally via a representative of the foreign authority or otherwise. Unless an international treaty or this Act provide otherwise, they will always request the foreign authority to send the original of the request in documentary form within a time period specified by them.
(6) By the means of international police cooperation, judicial and central authorities may also exchange information with foreign authorities concerning execution of requests for international judicial cooperation, including information on time and other details of handover, takeover and transit of persons and items.

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

Section 47
(1) Legal assistance may be provided to a foreign authority inly if there are criminal proceedings being conducted in the foreign state and only for the purposes of these proceedings.
(2) Legal assistance consisting in
a) performing actions pursuant to Chapter IV, Sub-division four and five of the Code of Criminal Procedure,
b) securing execution of a sentence of confiscation of property pursuant to Chapter XXI, Sub-division five of the Code of Criminal Procedure,
c) securing the claim of an aggrieved person pursuant to Chapter IV, Sub-division six of the Code of Criminal Procedure,
d) intercepting and opening consignments and its replacement pursuant to Chapter IV, Sub- division six of the Code of Criminal Procedure,
e) monitoring consignments Pursuant to Section 65,
f) interception and recording of telecommunications pursuant to Chapter IV, Sub-division
seven of the Code of Criminal Procedure,
g) inspection of mental state pursuant to Section 116 (2) of the Code of Criminal Procedure,
h) use of operative-search means pursuant to Section 158b to 158 f of the Code of Criminal
Procedure, or
i) covert investigation pursuant to Section 59 to 61,
may be provided to a foreign authority only in relation to an act, which would be criminal also under the law of the Czech Republic.

PART FOUR Cooperation with International Criminal Courts and Tribunals
Chapter I General Provisions

Section 145
(1) According to the provisions of this Part will be proceeded in the course of executing requests and orders of an international criminal court, international criminal tribunal or similar international judicial authority with jurisdiction in criminal matters and its bodies (hereinafter referred to as “international court”),
a) if it was established by an international treaty according to art. 10a of the Constitution of the Czech Republic, it was established by a decision of the United Nations Security Council issued pursuant to Chapter VII of the Charter of united Nations, which is binding to the Czech Republic, or the Czech Republic is obliged to cooperate with such international court according to a decision of the United Nations Security Council, which is binding to the Czech Republic,
b) if it was established by an international treaty between an international organization, the Czech Republic is a member of, or a body of such an organization, and a foreign state and if it is referred to in a government directive according to Sub-section (2), or
c) if the obligation of the Czech Republic to cooperate with such international court arises
from another Act or an international treaty.
(2) The government will stipulate by a directive, with which international courts referred to in Sub-section (1) (b) will the Czech Republic cooperate.

Section 146
(1) Judicial authorities will provide the international court the necessary cooperation in relation to investigation and prosecution of offenses, prosecution and punishment of which lies within its jurisdiction, including acts directed against the execution of justice by an international court, and in relation to execution of sentences imposed by an international court for such offenses.
(2) According to the provisions of this Part will be proceeded only if an international treaty regulation the cooperation with an international court or regulations of an international organization or international court regulating the proceedings before such international court (hereinafter referred to as “regulations of international court”) provide otherwise, if an international court referred to in Section 145 (1) (a) is concerned.
(3) For cooperation with an international court, provisions of Part one will apply accordingly, unless this Part stipulates otherwise. Provisions of Section 4, Section 12 (3) and Section 13 (2) will not apply. Provisions of section 5, Section 7 (2) and Section 9 (2) will not apply in case of an international court referred to in Section 145 (1) (a).
(4) Requests and orders of an international court will be executed by authorities of the Czech Republic in preference and with dispatch.
(5) Authorities of the Czech Republic will not publish without a consent of the international court any information about its request or order and about the manner of their execution. When providing information pursuant to Section 6, authorities of the Czech Republic will proceed according to the instructions of the international court, which they will request.

Section 147 Translations
(1) If an international court sends the central authority a request or order in a foreign language without a translation, the central authority will provide the translation, if an international court referred to in Section 145 (1) (a) is concerned; possibilities of reimbursement of costs of the translation will be then consulted with the international court.
(2) If an international court referred to in Section 145 (1) (b) or (c) is concerned, the translation will be provided by the central authority if the international court provides an assurance that it will bear the costs of the translation. Otherwise the central authority may return the request or order to the international court without execution.

Section 148
(1) The judicial authority will allow the representatives of an international court referred to in Section 145 (1) (a), defense counsels and legal representatives in proceedings before such international court and other persons appointed by this international court to participate in an action executed on the basis or in relation to a request or order of this international court. The judicial authority will allow these persons to ask supplementary questions directly to the person concerned by the action.
(2) If the representatives of an international court referred to in Section 145 (1) (a) perform actions in the territory of the Czech Republic in compliance with the regulations of the international court autonomously, Section 8 (1) sentence one of the Code of Criminal Procedure will apply accordingly. Upon a request of a representative of the international court, performance of such action will be attended by a public prosecutor of the Regional Public Prosecutor’s Office, in jurisdiction of which is this action to be performed.
(3) In case of an international court referred to in Section 145 (1) (b) or (c), Section 51 will apply accordingly.
(4) Representatives of an international court and defense counsels, legal representatives, witnesses, interpreters, accused persons and convicts and other persons summoned to participate in an action in proceedings before such international court enjoy privileges and immunities in the extent provided by international law, if
a) they pass through or are transported through the territory of the Czech Republic for a hearing held by an international court or if they are returning directly from such hearing,
b) they pass through or are transported through the territory of the Czech Republic for attending an action performed in the territory of a foreign state on the basis of a request or order of an international court or if they are returning directly from this foreign state, or
c) they participate in an action performed in the territory of the Czech Republic on the basis of a request or order of an international court.
(5) In case of any doubts about the legitimacy or extent of a privilege and immunity of any of the persons referred to in Sub-section (4) the authorities of the Czech Republic will immediately consult their procedure with the international court through the Ministry of Foreign Affairs.

Section 149 Contact of Persons with International Court
(1) A person located in a facility where his personal liberty is being restricted, against whom are being conducted proceedings before an international court and who is concerned by a request or order of an international court or who is serving a sentence imposed by an international court, has the right to freely
a) receive and at his own expense send written notices to the international court and its authorities,
b) receive visits from the representatives of the international court and his defense counsel or legal representative in proceedings before the international court and to consult them without the presence of third persons.
(2) Checking of written notifications referred to in Sub-section (1) (a) is inadmissible.
(3) The obligation to maintain discretion imposed by the state, which the person may be relieved of by a state authority or which does not apply to providing information to authorities involved in criminal proceedings will not apply to interview of the person by an international court referred to in Section 145 (1) (a).

Section 150 Costs of Cooperation
(1) Costs incurred to the authorities of the Czech Republic in the course of executing requests and orders of an international court will be borne by the Czech Republic, unless they are borne by the international court.
(2) If the regulations of the international court allow that the international court bore some of the costs referred to in Sub-section (1), such costs will be borne according to an agreement between the central authority and the international court. The authority, to which these costs were incurred, will submit a calculation of these costs and reasoning thereof, as well as other necessary data, to the central authority.

Section 151 Concurrence of Requests
In case requests or orders of several international courts or of an international court an a foreign state are served to the authorities of the Czech Republic and they concern the same person or the same matter and providing cooperation on the basis of all such requests or orders is not possible, conditions and possibilities of providing cooperation will be assessed in relation to each request and order individually. Therein will be considered especially the nature of the obligation to cooperation with the international court, the order, in which these requests and orders were served to the authorities of the Czech Republic, circumstances of commission of the criminal offenses concerned by these requests and orders, including their seriousness, furthermore the type and extent of sentences that may be or have been imposed and the probability, with which the international courts and states, requests and orders of which were served to the authorities of the Czech Republic, may achieve provision of cooperation in mutual relations.

Section 152 Not Granting and Suspension of Execution of Request or Order
(1) The judicial authority will consult the international court, before not granting or partially granting its request or order, about the conditions, under which it would be possible to grant the request or order, including eventual correction or supplementation thereof
(2) The judicial authority may postpone execution of a request or order of an international court only after a previous consultation with the international court and only for a fixed time period; its duration will the judicial authority notify to the international court along with a notification of suspension of execution of the request or order. If a request or order of an international court referred to in Section 145 (1) (a) is concerned, it may do so only after a consultation with this international court.

Section 153 Provision of Information and Evidence without a Request
The Supreme Public Prosecutor’s Office will transfer upon a request of the public prosecutor and the Ministry will transfer upon a request of the court information and evidence obtained in criminal proceedings to an international court even without its previous request or order, if the public prosecutor or court believe that provision of such information or evidence may facilitate investigation and prosecution of offenses conducted by the international court in its jurisdiction, including offenses against the execution of justice by the international court, or in execution of sentences imposed by the international court for such offenses.

Section 154 Protection of Witnesses
Requests of an international court for securing protection of a witness will the judicial authority forward to the authority competent for providing special protection according to the Act on Special Protection of Witnesses and other Persons in relation to Criminal Proceedings.

Chapter II Legal Assistance

Section 155
Provisions of Part three Chapter I Sub-chapter 2 and 3 will apply accordingly to assistance provided to an international court, unless stipulated otherwise in this Part. Provisions of Section 48 (3), Section 56 and Section 70 (1) (a) will not apply. Provisions of Section 47 (2), Section 49, 51, Section 52 (1), (2) and (5), Section 54 (1) (c), Section 58 (6) sentence two and Section 70 (1) (c) to € will not apply, if an international court referred to in Section 145 (1) (a) is concerned. Provision of Section 47 (2) will not apply also if an international court referred to in Section 145 (1) (b) is concerned.

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.

Section 157 Execution of Requests and Orders
(1) If an international court referred to in Section 145 (1) (a) requests special procedure in the course of execution of its request or order, the authorities involved in criminal proceedings will comply with such request. If a request of an international court referred to in Section 145 (1) (b) or (c) is concerned, the authorities involved in criminal proceedings will comply with such request if it is not contrary to Section 5.
(2) In case an order or authorization of a judicial authority is necessary to perform an action in the territory of the Czech Republic on the basis of a request or order of an international court referred to in Section 145 (1) (a), this judicial authority will issue it upon a request or order of the international court; conditions for issuing this order or authorization will in such case be considered as fulfilled.
(3) If the international court requests it, the course of the action performed on the basis of its request or order will be recorded with the use of a stenograph, audio or video record or other means determined by the international court, if it is technically possible; the stenograph or record will be handed to the international court along with a protocol on the action.
(4) In case the information contained in the request or order of an international court is not sufficient for granting such request or order, the judicial authority will either through the central authority or directly, if it is required by urgency of the case, consult further procedure with the international court and if necessary, request the international court for additional information.

Section 158 Refusal to Transfer Information or Evidence
(1) In case information classified according to the Act on Protection of Classified Information are to be transferred to an international court referred to in Section 145 (1) (a) upon its request or order, the judicial authority will consult the international court and the National Security Agency about the manner of protection of the information by the international court before transferring the information. Transfer of such information may be refused only in case that it is impossible to secure adequate protection of the information from publishing in proceedings before the international court; the refusal to transfer will be decided on by the Supreme Court upon a petition of the judicial authority executing the request or order of the international court.
(2) Transfer of information or evidence to an international court referred to in Section 145 (1) (a) may be refused for the reason of protection of substantial national security interests, if it is decided by the Supreme Court upon a petition of the judicial authority, which executes the request or order of the international court. Before filing the petition to the Supreme Court the judicial authority will consult the international court about the conditions, under which the information or evidence may be transferred.
(3) In case transfer of information or evidence, which the Czech Republic obtained from a foreign state or international organization, to an international court would be contrary to the obligations of the Czech Republic arising from the principle of specialty or to similar international obligations of the Czech Republic, the judicial authority will request the foreign state or international organization, from which the Czech Republic obtained such information or evidence, to give their consent with provision thereof to the international court.
(4) If the foreign state or international organization does not grant the consent according to Sub-section (3), the judicial authority will not grant the request or order and will inform the international court about the reasons therefor and about the actions taken for obtaining the consent of the foreign state or international organization.

Section 159 Interview of Persons
(1) Witnesses and experts may be interviewed upon a request or order of an international court under oath, wording of which will be determined by the international court. If the international court does not determine the wording of the oath in the request or order to interview a witness or expert, Section 50 (1) sentence two and three will apply accordingly.
(2) A person interviewed on the basis of a request or order if an international court referred to in Section 145 (1) (a) may exercise his right to refuse testimony according to the regulations of the international court, as well as according to the Code of Criminal Procedure, if the regulations of the international court allow it. Provisions of Section 99 (2) of the Code of Criminal Procedure will not apply to interview of persons on the basis of a request or order if an international court referred to in Section 145 (1) (a).
(3) The judicial authority will allow the international court on the basis of its request or order to conduct interview of a person by the means of a video-conference device or telephone. Provisions of sib-section (2) will apply accordingly.
(4) If the person interviewed on the basis of a request or order of an international court by authorities involve in criminal proceedings or interviewed by the international court by the means of a video-conference device or telephone or the representatives of the international court participating in the interview do not understand the language, in which the interview is conducted, and if the international court does not secure interpretation services, the authority involved in criminal proceedings that conducts the interview or that allowed conducting the interview by the means of a video-conference device or telephone will appoint an interpreter after a consultation with the international court. This applies accordingly also in case of persons that cannot be communicated with in other ways that in one of the communication systems for the deaf and deaf-blind persons.

Section 160 Summons of Persons
If an international court requests it, the judicial authority that serves summons for participation in an action in proceedings before the international court on the basis of a request or order of the international court will provide the summoned person with an advance payment of the witness fee in an amount determined by the international court. The judicial authority will submit a calculation of costs associated with provision of the advance payment of the witness fee to the central authority for the purposes of its reimbursement by the international court.

Section 161
Process Serving in the Territory of the Czech Republic
International court referred to in Section 145 (1) (a) may serve documents to addressees in
the territory of the Czech Republic directly through the provider of postal services.

Section 162 Cooperation in Relation to Compensation of Entitled Persons
The Ministry will provide an international court, a fund established by an international court for the purposes of compensation of entitled persons, or a similar institution that may be considered an auxiliary body of an international court, upon their request or order the necessary cooperation in relation to compensation of entitled persons. For these purposes the Ministry will be entitled to request the Police of the Czech Republic to identify and search for the place of stay of entitled persons.

Section 163 Requesting Legal Assistance from International Court
Provisions of Part three Chapter I Sub-chapter I will apply to requesting legal assistance from an international court accordingly.

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.

Chapter V Takeover and Transfer of Criminal Proceedings

Section 181
(1) Upon a request of an international court referred to in Section 145 (1) (a), criminal proceedings will be transferred to this international court by the public prosecutor through the Supreme Public Prosecutor’s Office or by the court through the Ministry. Provision of Section 107 (2), Section 108 and Section 110 (2) and (3) will apply accordingly.
(2) Provisions of Part three Chapter II Sub-chapter 1 will apply accordingly to such transfer of criminal proceedings to an international court referred to in Section 145 (1) (a) upon a request of the public prosecutor or court. Provision of Section 110 (1) will not apply.
(3) The Supreme Public Prosecutor’s Office, if criminal proceeding was transferred to an international court before lodging an indictment, and the Ministry, if criminal proceeding was transferred to an international court after lodging an indictment, will be competent to file appeals against the decision of the international court on takeover of such proceeding, petitions for changing such decision and to related actions, if filing such regular appeals or petitions is permitted by regulations of the international court.

Section 182
Provisions of Part three Chapter III Sub-chapter 1 will apply accordingly to transfer of criminal proceedings to an international court referred to in Section 145 (1) (b) or (c). Provision of Section 110 (1) will not apply. Provision of Section 12 (1) will apply only if the criminal proceeding is transferred to the international court upon a request of the public prosecutor.

Section 183
(1) Takeover of criminal proceedings from an international court to the Czech Republic will be governed by provisions of Part three Chapter III Sub-chapter 2 accordingly.
(2) Judicial authorities will inform the international court regularly on the course of the criminal proceeding that was taken over. Representatives of the international court will be allowed upon their request to attend the actions performed in the criminal proceeding that was taken over.

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.