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Phases of Czech
Criminal Proceedings

A complete guide to how criminal cases unfold in Czech Republic — from the first police report to the final appeal — with defense tools available at each stage.

Overview of Czech Criminal Proceedings

01
Pre-Criminal Phase
02
Preparatory Proceedings
03
Indictment
04
Court Proceedings
05
Verdict
06
Appeal

Czech Criminal Procedure Code (Act No. 141/1961 Coll.)

01

Pre-Criminal Phase

Oznámení / Prověřování

Typically days to weeks

The process begins when a crime is reported to police (or discovered by police themselves). Officers conduct preliminary checks to determine whether a criminal offense may have occurred.

What happens

  • 1
    Crime report filed (Oznámení trestného činu)
  • 2
    Police assess whether to open an investigation
  • 3
    Initial evidence gathering (surveillance, witness interviews)

Defense Tools at This Stage

Right to legal counsel
You can engage a lawyer immediately — even before formal charges.
Right to remain silent
You are not obliged to cooperate with police at this stage.
Counter-complaint
If you believe you are being falsely reported, you can file a counter-complaint.
Pre-emptive legal consultation
A lawyer can assess your exposure and advise on the safest course of action.
02

Preparatory Proceedings

Přípravné řízení

2 months to several years

The formal investigation stage, divided into two sub-phases: initial scrutiny (Prověřování) and full investigation (Vyšetřování). A suspect is formally charged during this phase.

What happens

  • 1
    Scrutiny phase (Prověřování) — gathering evidence
  • 2
    Suspect is formally charged (Sdělení obvinění)
  • 3
    Full investigation (Vyšetřování) commences
  • 4
    Prosecution may request pre-trial detention

Defense Tools at This Stage

Right to know the charges
Upon being charged, you must be informed of the specific offense and evidence against you.
Access to investigation file
After formal charging, your lawyer has the right to inspect the file.
Challenge pre-trial detention
Detention can be challenged and reviewed by a court regularly.
Submit exculpatory evidence
Your lawyer can submit evidence and witness statements in your favor.
Motion to exclude evidence
Illegally obtained evidence can be challenged and excluded.
Right to interpreter
If you don't speak Czech, an interpreter must be provided free of charge.
03

Indictment

Obžaloba

Days to weeks after investigation closes

The State Prosecutor (Státní zástupce) reviews the investigation file and decides whether to indict. If they proceed, a formal indictment (obžaloba) is filed with the court.

What happens

  • 1
    Prosecution reviews the complete investigation file
  • 2
    Decision to indict or drop charges
  • 3
    Indictment submitted to the competent court

Defense Tools at This Stage

Review the indictment
Your lawyer can analyze the charges and identify weaknesses in the prosecution's case.
Preliminary hearing motion
The defense can request a preliminary hearing to challenge the indictment before trial.
Request dismissal
If evidence is insufficient, the defense can move to dismiss the case at this stage.
04

Court Proceedings

Řízení před soudem

Months to years

The case is heard before a judge (and sometimes a jury of lay judges). Both sides present evidence, call witnesses, and make legal arguments. The main trial (hlavní líčení) is the core of the process.

What happens

  • 1
    Preliminary hearing (Předběžné projednání obžaloby)
  • 2
    Main trial — presentation of evidence
  • 3
    Witness examination and cross-examination
  • 4
    Closing arguments

Defense Tools at This Stage

Present a defense case
The defense can call witnesses and submit documentary evidence.
Cross-examine prosecution witnesses
Your lawyer can challenge the credibility and reliability of witnesses.
Expert testimony
Independent experts can be engaged to counter prosecution expert evidence.
Challenge procedural violations
Any violation of procedural rules can be raised during trial.
Plea negotiations
In some cases, negotiating a guilty plea with reduced charges may be in your interest.
05

Verdict

Rozsudek

Pronounced at the end of trial

The court delivers its judgment — guilty (odsuzující rozsudek) or not guilty (zprošťující rozsudek). If guilty, the sentence is also pronounced.

What happens

  • 1
    Court deliberates in private
  • 2
    Verdict announced in open court
  • 3
    Sentence pronounced (if guilty)
  • 4
    Written judgment issued within set timeframe

Defense Tools at This Stage

Mitigation arguments
Even if guilty, your lawyer argues for the minimum appropriate sentence.
Suspended sentence
In many cases, a prison sentence can be suspended — your lawyer argues for this.
Alternative penalties
Community service, fines, or house arrest may be available instead of imprisonment.
06

Appeal

Odvolání / Dovolání

Odvolání within 8 days of verdict

Any party can appeal against the verdict to the Regional Court (odvolání). A further extraordinary appeal (dovolání) to the Supreme Court is possible on points of law.

What happens

  • 1
    Notice of appeal filed within 8 days
  • 2
    Full appeal heard by Regional Court
  • 3
    Supreme Court (dovolání) for legal errors only
  • 4
    Constitutional Court — if fundamental rights were violated

Defense Tools at This Stage

Full appeal on facts and law
The odvolání allows the defense to challenge both factual findings and legal conclusions.
New evidence on appeal
In limited circumstances, new evidence can be introduced during the appeal stage.
Dovolání — Supreme Court
Appeals on specific points of law can be taken to the Supreme Court.
Constitutional complaint
If fundamental rights were violated, a complaint can be filed with the Constitutional Court.
ECHR application
As a last resort, an application to the European Court of Human Rights is possible.

⚠️ Important: Strict Deadlines

Czech criminal procedure contains strict procedural deadlines — for example, an appeal (odvolání) must be filed within 8 days of the verdict. Missing these deadlines can be fatal to your case. Always engage a lawyer immediately.

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