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

Секвестиране на авоари (501)

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. If a person is accused for an offence for which, in view of the character and essence of the offence and in view of the conditions of the accused, punishment of sequestration of assets may be expected, and there is a concern that such punishment will be marred or impaired, the assets of the person accused may be confiscated (§ 425 of the Code of Criminal Procedure). Under the conditions set forth in an international agreement, the court may decide, upon request of a foreign authority and upon prosecutor´s suggestion, on preliminary confiscation of the thing, account, securities or any other assets which is located on the territory of the Slovak Republic and which belong to the person which is subject to prosecution in a foreign country (§551 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. Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution of the European Union of orders of freezing property or evidence. 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

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 for confiscation may be issued by the presiding judge, and in the preliminary proceedings by the prosecutor. In any urgent case, the prosecutor may issue an order also prior to commencing the prosecution. Such order must be confirmed within 48 hours by the judge for preliminary proceedings, otherwise it shall be null and void.

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

The institute applied mostly for economic offences. This 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 the thing which has been delivered, confiscated or taken over for further action is not required any more or if it cannot be forfeited or confiscated, the thing shall be returned to the person who delivered it, from whom it was confiscated or from whom it was taken according to a special law. If any other person applies the title to the thing, it shall be delivered to the owner of the thing or to the authorised possessor thereof, whose title to the thing is not doubtful. In case of any doubt, the thing shall be left in a deposit and the person applying title to it shall be notified to apply the title in a civil court action (§ 97 of the Code of Criminal Procedure).

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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