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: Is-Slovenja

Osservazzjoni (105)

1. MEASURE IMPLEMENTATION

Is-Slovenja

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

Yes, if there are reasonable grounds for suspecting that a certain person has committed, is committing, is preparing to commit or is organizing the commission of specific criminal offences. Undercover observation is continual or repeated session of surveillance or pursuit using technical devices for establishing position or movement and technical devices for transmitting and recording sound, photography and video recording. It is focused on monitoring the position, movement and activities of suspects and, under certain conditions, persons who are not suspects. Observation may be carried out in public and publicly accessible open and closed premises, as well places and premises that are visible from publicly accessible places or premises. Under certain conditions observation may also be carried out in private premises if the owner of these premises so allows. The criminal offences for which observation may be ordered are the following: (1) criminal offences for which the law prescribes a prison sentence of five Years or more; (2) criminal offences from point 2 of the second paragraph of Article 150 of Criminal Procedure Act: abduction; the recruitment of persons under fifteen years of age for sexual purposes; exploitation through prostitution; the showing, possession, manufacture and distribution of pornographic material; illicit narcotics production and trafficking; facilitating of drug-taking; blackmail; abuse of inside information; unauthorized acceptance of gifts; unauthorized giving of gifts; money laundering; smuggling;harm to public funds; accepting of a bribe; giving of a bribe; acceptance of gifts to secure unlawful intervention; giving of gifts to secure unlawful intervention; criminal association; unauthorized production of and trade in arms or explosives; and unlawful conduct with nuclear or other dangerous radioactive substances; (3) criminal offences of unlawful imprisonment; threat; fraud; concealment; disclosure of and unauthorized access to trade secrets; abuse of inside information; fabrication and use of counterfeit stamps of value or securities; forgery; special cases of forgery; abuse of office or official rights; disclosure of an official secret; being an accessory after the fact; endangering the public; pollution and destruction of the environment; pollution of seas or waters by ships; pollution of drinking water; and tainting of foodstuffs or fodder.

2. LEGAL FRAMEWORK

Is-Slovenja

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; Schengen Convention, Bilateral Agreements.

3. COMPETENT AUTHORITY TO:

Is-Slovenja

* receive the request/decision for judicial cooperation

Generally, the observation is orderd by the state prosecutor. However, in following cases the court order must be obtained from the investigating judge, at the written request of the public prosecutor: (1) if the use of technical devices for the transmission and recording of sound is envisaged; (2) if the installation of technical devices for establishing the position and movements of a suspect requires sectret entrance in a vehicle or in other protected or closed premis or object; (3) in case of surveillance in private premises, if the owner of these premises so allows; (4)if the surveillance is carried out against a person who is not a suspect.

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

N/A

4. ACCEPTED LANGUAGES

Is-Slovenja

Accepted languages for the request/decision

Slovenian/English

5. EXECUTION DEADLINE

Is-Slovenja

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Is-Slovenja

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 Lulju 2016 by EJN Secretariat

See Related Measures


Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • ® 2020 EJN. All Rights Reserved