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

Eżaminazzjonijiet tekniċi jew xjentifiċi jew evalwazzjonijiet ta' esperti (305)

1. MEASURE IMPLEMENTATION

Is-Slovenja

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

Yes. When the establishment or evaluation of an important fact requires obtaining a diagnosis and opinion from a person possessing the necessary professional knowledge, an order is issued for such evidence to be provided by expert witnesses. An expert evaluation is ordered in writing by the body conducting the proceedings. The order specifies the facts to be established or evaluated by experts and the persons to whom the expert's report is to be entrusted. If a particular expert evaluation, especially a more complicated one, comes within the sphere of activity of a definite professional institute or can be carried out within a government agency, such expert evaluation is usually ordered from that institute or agency, which then assigns one or more experts to carry it out.

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; Bilateral Agreements.

3. COMPETENT AUTHORITY TO:

Is-Slovenja

* receive the request/decision for judicial cooperation

It depends on the stage of the proceedings. If the investigating judge does not attend the inspection at the scene of the crime, the expert evaluation may be ordered by the police. In the preliminary criminal proceedings and during the investigation, as well as in the international legal assistance proceedings, this measure is ordered by the investigating judge. In the phase of the main trial the measure is ordered by the panel conducting the judicial proceedings.

* 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

The judge issues a decree ordering an expert evaluation to be made, usually indicating in the order the name of the expert who, as a rule, is chosen from among the permanent, sworn-in court expert witnesses in a particular professional area. If a more complex expert evaluation is necessary, it is possible to also order the expert evaluation to be made by a particular institution or a group of experts. The order for the appointment of an expert is served on the parties and persons or agencies possessing the objects or the documentation germane to the performance of the expertise, and such persons are bound to make the objects or the documentation available to the expert. Should anyone decline to place the required material at the disposal of the expert, the judge may order such objects seized during a house search.

Last reviewed on 6 Lulju 2016 by EJN Secretariat

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