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

Агресивно обискиране на лицето (302)

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 must be undergone by anyone, if it is necessary to find out whether his/her body shows any traces or consequences of an offence. If the examination is not performed by a doctor, it may be performed only by a person of the same sex. If, for evidence, a blood test or any other similar act must be carried out, the involved person is obliged to suffer such act, unless connected with any danger for such person´s life. Taking of any biologic material which is not connected with intervention in the body integrity of the person who in involved in the given act, may be carried out also by such person or with his/her consent by a criminal investigation enforcement body (§ 155 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)

presiding judge and, before the commencement of the criminal prosecution or in the preliminary hearing, by a public prosecutor or a police officer with their consent.

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 act of judicial assistance may be performed according to a foreign legal regulation. The Slovak authorities shall perform the legal assistance requested by the foreign authorities in the manner regulated by this Act or an international treaty. If legal assistance is provided under an international treaty in a manner which is not governed by this Act, the competent public prosecutor shall decide in what manner the legal assistance should be performed. The requested legal assistance may be performed upon the request of a foreign authority under a legal regulation of the requesting State, if the requested procedure is not contrary to the interests protected by the provisions of Section 481. For the performance of letters rogatory under Section 539 Subsection 1, it is requested that the act, which the letters rogatory concern, is a criminal offence not only under the legal system of the requesting State, but also the legal system of the Slovak Republic. 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
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