Fiches Belges: Eslovaquia

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. Everyone is obliged to appear upon summons given by criminal authorities and the court and to give a testimony to the effect what is known to that person about the offence and on the offender or on the circumstances essential for a Criminal action (§ 127 of the Code of Criminal Procedure). Bringing-up the witness – in the event the witness has been duly summoned and failed to appear without sufficient apology.

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.

* 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)

Summoning witnesses falls within the competence of the criminal authority and the judge in a court action.

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.

Deadlines for the execution of the request/decision (where applicable)

N/A

a. Special requirements

N/A

b. Other useful information

Widely applied institute. 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.