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

Повърхностно обискиране на лицето (301)

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. The body search may be performed, if there exists reasonable suspicion that the person carries any thing essential for the criminal proceedings. A body search of the detained person arrested or which is taken into the custody may be carried out also in the event there exists suspicion that he/she carries a weapon or any other thing which might jeopardize a person´s life or health (§ 99 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 according to the place of residence of the requested person. If the place of residence is not known, General Prosecutor´s Office. Ministry of Justice of the Slovak Republic is the competent central authority for the transmission of the request for the mutual assistance.

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

The presiding judge prior to commencing the criminal proceedings or the prosecutor in the preliminary proceedings or the police officer with prosecutor´s consent. The presiding judge and prior to commencing the criminal proceedings or in the preliminary proceedings the prosecutor or the police officer with prosecutor´s consent. Without an order or approval the police officer may proceed with the body search only in the event the order of approval cannot be obtained in advance and the case is urgent or in case of a person caught at committing an offence or a person in respect of which a warrant for arrest is issued. However, he shall be liable to notify the competent authority without undue delay on performance of such act.

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

Widely applied institute. Assistance or participation of agents of the requesting State in the execution of the measure is admissible.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • ® 2021 EJN. All Rights Reserved