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

Sending and service of procedural documents (406)

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. (1) If the document was not served during an action of the criminal proceedings, it is usually served by the post office. If the addressee is the victim or the accused, it shall be served to them at the address indicated for that purpose. If it is necessary to repeat the act or to postpone the main trial or public hearing, it is sufficient to notify the parties present who are to participate of the new date. The contents of the notice, as well as the fact that these persons noted the new date, shall be recorded in the transcript. (2) If necessary, particularly in the case of an ordered summons, unsuccessful attempts to serve a consignment into the own hands of the addressee in another manner or if there is a danger that the proceedings could be obstructed due to delays in service, the Police Force, or the Municipality may be requested for the serving. (3) If the addressee of the consignment cannot be reached at the address they stated for such purposes, it shall be served to another adult person who resides in the same apartment or in the same house, or is employed at the same workplace, if they are willing to accept the documentation and procure its delivery. If there is no such person, the documentation shall be deposited with the authority that delivers the consignment and the addressee shall be notified in an appropriate manner, when and where they may collect it. The documentation is deemed served on the day when deposited, even though the addressee did not learn of its storage. (4) Documents are deemed served to the addressee even if the consignment is returned from the address they stated for such purposes for the reason that the addressee is unknown as of the date the consignment was returned to the law enforcement authority or the court, even if the addressee never learns of the fact. (5) If the addressee has reserved mail delivery to a mailbox, the post office shall notify the addressee of its arrival, the possibility of acceptance, and the collection deadline on the prescribed form which it shall insert into the mailbox. If the addressee collects the consignments at the post office based on an agreement and they do not have an assigned mailbox, the post office will not notify them upon their arrival. In both cases, the arrival date of the consignment is considered to be the date of storage. If the addressee fails to collect the consignment within three working days after its storage, the day of its serving is considered to be the last day of such deadline, even though the addressee did not learn about its storage.(6) Documentations intended for persons enjoying privileges and immunities under an international law or persons in their homes shall be submitted to the Ministry of Foreign Affairs of the Slovak Republic to arrange for their serving. (7) The law enforcement authorities and court are entitled to perform the serving by their own means and at their own expense. (8) The law enforcement authorities and court may even serve the documentation to the accused, defence counsel, the victim and their proxy, reporter, legal representatives, party to an action and their proxy, and to penitentiary and custody institutions by electronic means signed by the advanced electronic signature. (§ 65 of the Code of Criminal Procedure). For serving into own hands, refusal of acceptance and serving to legal entities, please see § 66-§ 68 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. In case of existence, the bilateral or other multilateral treaty covering the specific subject matter may be applicable.

3. COMPETENT AUTHORITY TO:

Словакия

* receive the request/decision for judicial cooperation

General Prosecutor´s Office before the case is brought before a court and to the Ministry of Justice after it has been brought before a court if applying European Convention on Mutual Assistance in criminal matters ( 20 April 1959). 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 if applying Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union.

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

N/A

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

N/A

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