Fiches Belges: Slovenie

Is this measure possible in your Member State under International Judicial Cooperation?

In the national legislation hearing of accused and witness with use of modern technical devices for transferring vision and sound (videoconference) is regulated in Article 244a. of the Criminal Procedure Code. The interrogation of the accused or witness by a videoconference shall be conducted if: it concerns a protected person under the law regulating protection of witnesses and the arrival of the authority to conduct the interrogation would cause serious danger to their live or body, to life or body of persons in related to them under points 1 to 3 of Article 236(1) (the spouse of the accused or the person with whom he lives in domestic partnership; persons related to the accused by blood in direct line, persons related to him collaterally at three removes and persons related to him by marriage at two removes; the adopter or adoptee of the accused); or persons who were suggested in accordance with the provisions of the law regulating the protection of witnesses; it concerns an anonymous witness and the arrival of the authority to conduct the interrogation would cause serious danger to their life or body, to life or body of persons related to them under points 1 to 3 of Article 236(1) or persons who were suggested in accordance with the provisions of the law regulating protection of witnesses; the competent authority submitted an adequate request to another state in accordance with the law or an international treaty; or it is not desirable or possible for the person to come to the authority conducting the interrogation for other legitimate reasons.

International legal framework applicable for this measure in your Member State

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union; European Convention on Mutual Assistance in Criminal Matters with Additional Protocols;

* receive the request/decision for judicial cooperation

District Courts

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

N/A

Accepted languages for the request/decision

Slovenian/English

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

N/A

a. Special requirements

N/A

b. Other useful information

A competent official of the authority conducting the interrogation or another person authorised by the authority shall be present next to the accused, witness or expert who is in the territory of the Republic of Slovenia during the interrogation via a videoconference and ensure adequate identification of the person interrogated. During such interrogation, the defence counsel and persons dealing with security may be present