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 деца (705)

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, as a witness, any person is heard who is under 18 years of age in any matter, enlightening of which in that person´s memory might have adverse effect on his/her mental and ethic development in view of his/her age, the hearing should be carried out with special consideration and in respect of substance in such a way so that it need not be repeated in further action. Depending on the subject of the hearing and the level of mental development of the interrogated person, the hearing may be attended by a psychologist or a certified expert in order to ensure that the hearing is conducted in an appropriate way and in cases where a custodian is not available, a social worker may also attend the hearing. If it adds to the correctness of the hearing, an invitation to attend the hearing may be extended to either a legal representative or a pedagogue. The hearing shall be attended also by a pedagogic worker, any other person with experience with education of adolescents or an expert who shall contribute, in view of the object of hearing and level of the heard person´s mental condition, to correct process of the hearing. If it may contribute to correctly carried out hearing, the hearing shall be attended also by the parent/guardian. In further action, the person in question may be heard in inevitable cases only. In case of an offence against a closely related person or a person entrusted in custody or if evident from the overall circumstances of the case that the repeated testimony of the person under 18 years of age may be affected or there exists reasonable assumption that the hearing might have effect on the mental and ethic development of that person, the hearing shall be carried out by using technical audio and video equipment, so that the person shall be heard in the future action only exceptionally. The same provisions shall be apllied in relation to a witness whose age is unknown and where there is a reasonto believe that the individual is a minor until proven otherwise (§ 135 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. 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.

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

Depending on the circumstances of the committed offence and the age of the heard person. In case of an offence against a closely related person or a person entrusted in custody or if evident from the overall circumstances of the case that the repeated testimony of the person under 18 years of age may be affected or there exists reasonable assumption that the hearing might have effect on the mental and ethic development of that person, the hearing shall be carried out by using technical audio and video equipment, so that the person shall be heard in the future action only exceptionally. 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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