PART ONE OPENING PROVISIONS

Section 4 Guarantee of Reciprocity
(1) Unless the international judicial cooperation between the Czech Republic and a foreign state is regulated by an international treaty, the competent judicial authority will grant the request of the foreign state authority for international judicial cooperation only in case the foreign state provides a guarant of reciprocity, which the Minister of Justice will accept, or in case the foreign state has formerly accepted a guarantee of reciprocity from the part of the Czech Republic in a similar case. The Ministry will secure the request for guarantee of reciprocity from the foreign state.

PART ONE OPENING PROVISIONS

Section 9
(1) Judicial authorities perform actions of international judicial cooperation or secure execution thereof without undue delay. In case supplemental information is necessary for its execution, they will request it at the foreign authority or make other appropriate measures in order to secure it.

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 78 Jurisdiction of Courts
The court competent to procedures under this Sub-chapter is the court conducting criminal proceedings, and in pre-trial proceedings the court competent according to Section 26 of the Code of Criminal Procedure.

PART THREE Individual forms of International Judicial Cooperation
Chapter II Extradition of Persons
Sub-chapter 2 Extradition to Foreign States

Section 87 Competence of Court and Public Prosecutor’s Office
(1) The court competent for procedure according to this Sub-chapter is the Regional Court, in the jurisdiction of which was the person concerned by the extradition apprehended; if he was not apprehended, the competence will pertain to the Regional Court, in the jurisdiction of which has this person his residence. Change in the circumstances, on the basis of which was the local competence determined, if it occurred after the initiation of preliminary investigation, will be disregarded.
(2) Actions performed pursuant to this Sub-chapter will be performed by the public prosecutor of the public prosecutor’s office operating at the court competent according to Sub-section (1).

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

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.

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.