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: по телефона (704)

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) A witness who cannot appear for the interrogation due to age, illness, physical or mental disorder, or for other serious reasons may be interrogated by means of technical devices designated for the transmission of audio and video. (2) The provisions of Subsection 1 shall also apply if the witness cannot or does not want to appear for the interrogation due to their stay abroad, but they are willing to testify to the competent authority of a foreign State, then they must be provided with the necessary legal assistance. (3) The provisions of Subsection 1 shall also apply to the interrogation of a threatened or protected witness who is provided with assistance under a special Act. It shall similarly proceed if such witness is to be interrogated in another matter or by the interrogation of the witness in the criminal proceedings for criminal offences of terorism. (§ 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

For Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (8 November 2001): District Prosecutor’s Office for the district where the requested assistance shall be carried out. A copy of the request shall be sent to the General Prosecutor’s Office. For the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union District Prosecutor´s Office or 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.

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

Competent criminal authority.

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

Applied solely upon request for judicial assistance, realised in the extent of the Second Additional Protocol to 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. 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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