Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Словакия

Проследяване на телекомуникации (102)

1. MEASURE IMPLEMENTATION

Словакия

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, a letter of request for international judicial assistance in criminal matters is essential. Under Section 116 (1) of the Code of Criminal Procedure of the Slovak Republic, in the criminal proceedings for willful offence, for which the law stipulates the sentence of imprisonment at least for three years and for crimes specified within Section 116 of the Code of Criminal Prosecure of Slovak Republic, an judge order for the determination and notification of data on the performed telecommunications operation, which is subject to telecommunications privacy, or subject to personal data protection, which is necessary to clarify the facts relevant to the criminal proceedings, may be issued.

2. LEGAL FRAMEWORK

Словакия

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters of April 20, 1959. First and Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of April 20, 1959. Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of May 29, 2000. Protocol of 2001 to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of May 29, 2000. In case of existence, the bilateral or other multilateral treaty covering the specific subject matter may be applicable. In the absence of legal framework, the principle of reciprocity may be applicable.

3. COMPETENT AUTHORITY TO:

Словакия

* receive the request/decision for judicial cooperation

District prosecutor´s office. General Prosecutor´s Ofice and the Ministry of Justice of the Slovak Republic are the competent central authorities for the transmission of the request for the mutual assistance.

* execute/recognise the measure (if other than the receiving authority)

The warrant shall be issued by the presiding judge of a panel prior to the commencement of criminal prosecution, or by a judge for pre-trial proceedings on a motion from a prosecutor. If the matter bears no delay and a prior order from a judge for pre-trial proceedings cannot be obtained, the order may be issued by a prosecutor before the commencement of criminal prosecution or in pre-trial proceedings, unless the interception and recording of telecommunications involves the entry into the dwelling of a person; such order shall have to be confirmed by a judge for pre-trial proceedings within 24 hours of its issuance; failing that, the order shall become null and void and the information obtained on its basis may not be used for the purposes of criminal proceedings and shall have to be immediately destroyed in a prescribed manner.

4. ACCEPTED LANGUAGES

Словакия

Accepted languages for the request/decision

Official translation into the Slovak language. When proceeding according to European Convention on Mutual Assistance in Criminal Matters of April 20, 1959 or its protocols one of the official languages of the Council of Europe may be used. Language regime may be modified according to the relevant bilateral treaty.

5. EXECUTION DEADLINE

Словакия

Deadlines for the execution of the request/decision (where applicable)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Словакия

a. Special requirements

N/A

b. Other useful information

Very frequently applied institute in many types of criminal activities. Such act of judicial assistance may be performed according to a foreign legal regulation. Assistance or participation of agents of the requesting State in the execution of the measure is admissible. If a foreign authority requests the performance of an interrogation/interviewing or another act of legal assistance by the court due to the application of the act in the criminal proceedings in the requesting State, the public prosecutor shall submit the letters rogatory of a foreign authority to this extent to the District Court under which jurisdiction the act of legal assistance is to be performed, for processing. If the subject of the letters rogatory is solely an act which is to be performed by the court, the Ministry of Justice shall serve the request directly to the competent court.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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