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

Наблюдение (105)

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. Observation of a person or thing means collecting information on the movements and activities of the person or movements of the thing, which is carried out in a concealed way; observation may be carried out in the criminal proceedings for willful offence, if it may be reasonably assumed that it shall lead to disclosure of any circumstances essential for the criminal proceedings (§ 113 of the Code of Criminal Procedure).

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 order is issued in writing by a presiding judge prior to commencing the criminal proceedings or by a prosecutor in the preliminary proceedings. If it is inevitable for the observation to be carried out in any site or on any land which are not accessible to the public or by using any information/technical equipment, and the observation is not connected with visit to a home, the order for observation is issued by a presiding judge prior to commencing the criminal proceedings or by the judge for preliminary proceedings in the preliminary proceedings upon prosecutor´s suggestion. In urgent case, instead of the judge competent for preliminary proceedings, the order may be issued by the judge for preliminary proceedings of that court within the district of which the observation is to be carried out.

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

This proof of evidence is mostly applied in practice in revealing any organised criminal activity. 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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