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

Инспектиране и претърсване на жилища (601)

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. House search may be conducted if there are reasonable grounds to believe that a thing relevant for criminal proceedings may be found or a person suspected of crime is hiding in a flat or in other premises serving for residential purposes or in adjoining premises (hereinafter ‘dwelling’), or if it is necessary to seize movable items in order to ensure the satisfaction of a damage claim lodged by the victim. ( § 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. 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 search of home may be ordered by the presiding judge, and by the judge for preliminary proceedings prior to commencing the prosecution or in the preliminary proceedings upon prosecutor´s suggestion. In urgent cases, it may be done by the judge for preliminary proceedings within the district of which the search is to be carried out.

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

Widely applied institute. This act of judicial assistance may be performed according to a foreign legal regulation and with the applied reservation to Article 5 of the European Convention on mutual assistance in criminal cases. Assistance or participation of agents of the requesting State in the execution of the measure is admissible. Confidentiality of the request.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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