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

Призоваване на заподозрени/обвиняеми лица: стандартна процедура (710)

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 provisions of the Code of Criminal Procedure of the Slovak Republic do not specifically recognise an institute of suspected person. Such person if he/she is not detained is being heard as a witness who has the right to refuse the statement. The Code of Criminal Procedure of the Slovak Republic specifically recognises only institute of detained suspected person and such person if he/she is being detained can be heard as detained suspected person (§ 85/5 of the Code of Criminal Procedure). If detained suspected person is formally accused he/she must be heard again as person accused. That´s why if requesting authority doesn´ t agree with hearing of suspected person as a witness or peson accused the court on the proposal of prosecutor decides whether such request is compatible withe public ordre priciple and decides the way of execution of such request. From the point of view of the Slovak Republic it is much more easier and less formal to hear such person as witness/person accused because such request doesn´t have to be authorized by a court decision. The suspect has the right to elect an attorney and to give his/her statement in attorney´s presence (§ 85 of the Code of Criminal Procedure). The hearing of the suspect is carried out in order to reveal any material circumstances essential for the criminal proceedings. Hearing of person accused is possible under international judicial cooperation. The person accused must not be forced by any way whatsoever to give his/her statement or confession. The person accused must be provided an opportunity to give detail statement to the accusation. The person accused may be asked questions in order to Additional his/her testimony or in order to clarify any unclear issues (§ 121, § 122 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. 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 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

Widely applied institute. This act of judicial assistance may be performed also according to a foreign legal regulation. 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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