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

Възстановяване (503)

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. Depending on the type of thing which is the object of restitution. If an item, which was released pursuant to Section 89, seized pursuant to Section 91, or accepted pursuant to Section 92, is no longer necessary for further proceedings and if its forfeiture or confiscation does not come into consideration, the item shall be returned to the person from whom it was seized under a special Act. If another person claims their right to it, then it shall be released to the owner of the item or the entitled holder whose rights to the item cannot be doubted. If there are doubts, the items shall be stored under Section 94 and the person who claims the item shall be advised to apply for the claim to it in civil proceedings. If a person who is the owner of the item or is its legal holder fails to collect it despite calls, or the person who claims the item fails to apply for such claim in civil proceedings within a reasonable deadline, the item shall be sold and the amount obtained for its sale shall be kept in store by the court. Such person must be instructed on the possibility of such procedure. The authority pursuant to Subsection 4 or another public authority or legal entity based on its measure under Section 94 Subsection 2 shall sell the item, while they are obligated to proceed with the sale with appropriate care so that the item can be sold for a price that is the same or comparable to the price of an item that is currently being sold at the time and place of the storage of the item; the authority referred to in Subsection 4 may decide through a measure on the sale of the item through another public authority or a legal entity under Section 94 Subsection 2 only on the basis of their prior consent (§ 97 of the Criminal Procedure Code).

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.

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)

Regarding § 97 of the Code of Criminal Procedure, the presiding judge, and in the preliminary proceedings, the prosecutor or police officer. Regarding § 95a of the Code of Criminal Procedure the judge for preliminary proceedings upon a prosecutor´s motion.

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

Under the declaration of the Slovak Republic to Article 5 of European convention on Mutual Assistance in Criminal Matters from 1959, the execution of letters rogatory for search or seizure of property will be made on conditions that the offence motivating the letters rogatory is punishable under both the law of the requesting Party and the law of the Slovak Republic and the execution of the letters rogatory is consistent with the law of the Slovak Republic.

b. Other useful information

This act of judicial assistance may be performed according to a foreign legal regulation.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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