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

Изслушване на свидетели: чрез видеоконферентна връзка (703)

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 witness who cannot appear for hearing due to his age, illness, physical and metal disorder or due to any other serious reasons, may be heard through technical equipment used for audio or video transmission. This procedure shall be applied also in the event the witness is unable or unwilling to appear for hearing due to his stay in a foreign country, but is willing to give a testimony and the competent foreign country´s authority shall provide judicial assistance to him. The procedure shall be accordingly applied also in hearing of a threatened or protected witness who is provided assistance according to a special law (§ 134 of the Code of Criminal Procedure).

2. LEGAL FRAMEWORK

Словакия

International legal framework applicable for this measure in your Member State

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. 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, Regional 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)

Depending on the stage of the criminal proceedings, the competent criminal authority - the prosecutor in the preliminary proceedings and the judge in the court action .

4. ACCEPTED LANGUAGES

Словакия

Accepted languages for the request/decision

Official translation into the Slovak language. When proceeding according to Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of April 20, 1959 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, unless the requested procedure is contrary to the interests protected by Article 481 of the Code of Criminal Procedure. Assistance or participation of agents of the requesting State in the execution of the measure is admissible. If a foreign authority requests the performance of an interrogation/interviewing or another act of legal assistance by the court due to the application of the act in the criminal proceedings in the requesting State, the public prosecutor shall submit the letters rogatory of a foreign authority to this extent to the District Court under which jurisdiction the act of legal assistance is to be performed, for processing. If the subject of the letters rogatory is solely an act which is to be performed by the court, the Ministry of Justice shall serve the request directly to the competent court.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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