Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations

  1. Czech republic

    1. Act No. 345/2007—Amendment to the Code of Criminal Procedure*

      Section 460r Conditions for recognition and enforcement

      (1) On receiving a written opinion from the Prosecuting Attorney, the Regional Court shall decide by judgment, delivered in open court, whether to recognize and enforce or refuse to recognize and enforce a decision of another Member State of the European Union concerning fines and payment obligations, sent to it by the competent authority of the said State The judgment shall be served on the sentenced party and the Prosecuting Attorney

      (2) In such proceedings, the sentenced party shall at all times have the assistance of a counsel, insofar as the purpose of the proceedings is to decide whether to recognize and enforce a decision of another Member State of the European Union concerning fines and payment obligations, referred to in Section 460o (1) (a)

      (3) The Regional Court shall decide to refuse to recognize and enforce a decision of another Member State of the European Union concerning fines and payment obligations, referred to in paragraph (1), where

      (a) a final decision on the same matter, arising out of the same actions, has been entered in the Czech Republic against the same party, or such decision has been entered and enforced in another State,

      (b) the actions do not constitute a crime in the law of the Czech Republic, except where the actions are those referred to in Section 460q; in the case of crimes involving taxes, fees, duties or currency, the recognition and enforcement of such decision shall not be refused merely on the grounds that the Czech Republic’s laws and regulations do not impose the same kind of taxes, fees and duties or do not contain the same provisions concerning taxes, fees, duties and currency as the laws and regulations of the State requesting the recognition and enforcement,

      (c) the right to require the payment or to enforce the fine imposed by the decision is statute-barred under the Czech Republic’s legislation and the decision concerns a crime or any other offence the punishment of which, according to the Czech Republic’s legislation, falls within the competence of the authorities of the Czech Republic,

      * Unofficial translation provided by the Czech Republic

      (d) the decision concerns a crime or any other offence committed in the territory of the Czech Republic or outside the territory of the Czech Republic on board a ship or aircraft registered in the Czech Republic, or in the Antarctica,

      (e) the decision concerns a crime or any other offence committed outside the territories of both the Czech Republic and the State requesting the recognition and enforcement and, according to the Czech Republic’s legislation, the authorities of the Czech Republic are not competent to punish such crime or offence,

      (f) the decision concerns a crime or any other offence committed by a person enjoying privileges and immunities under the Czech Republic’s legislation or under international law,

      (g) the decision concerns a crime or any other offence committed by a person who, according to the Czech Republic’s legislation, is not liable for such crime or offence due to his/her age,

      (h) the imposed fine or payment obligation is not higher than EUR 70; an amount stated in another currency shall be converted from such foreign currency into euros at the exchange rate published by the Czech National Bank on the date of the decision,

      (i) the recognition and enforcement of the decision is inconsistent with the Czech Republic’s interests protected under Section 377, or

      (j) there is no guarantee of reciprocity on the part of the State requesting the recognition and enforcement

      (4) Where there are grounds for refusing to recognize and enforce a decision of another Member State of the European Union concerning fines and payment obligations in terms of paragraph (3) (c) or (i), the Regional Court shall, before refusing to recognize and enforce such decision, seek the opinion of the competent authority of the State that has issued the decision the recognition and enforcement of which is requested, namely for the purpose of obtaining all information necessary for its own decision; if necessary, the Regional Court may request the competent authority to promptly provide the necessary additional documents and information ”

    2. Act No. 261/2007 concerning the stabilization of public budgets

      1 Part Forty-Five: Tax on natural gas and some other gases Tax refunds payable to persons enjoying privileges and immunities

      Section 22

      (1) For the purposes of this Part, a person enjoying privileges and immunities under the international treaties which are part of the Czech legislation (hereinafter referred to as a “person enjoying privileges and immunities”) means:

      chapter I 5

      (a) a diplomatic mission or a consular post, with the exception of consular posts headed by honorary consular officers, accredited to the Czech Republic1 * as foreign entities,

      (b) a special mission,

      (c) a representation of an international organization,

      (d) organs of the European Communities,

      (e) a member of a diplomatic mission or a consular post having a seat in the Czech Republic, with the exception of a member of service...

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