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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: Slowacja

Interception of telecommunication - Art. 18 (2) (b) of the MLA Convention (106)

1. MEASURE IMPLEMENTATION

Slowacja

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. There is no special regulation with respect to this measure within the Code of Criminal Procedure of the Slovak Republic, however, general provision of the Code of Criminal Procedure on Tapping and Recording of Telecomunication shall apply (see measure 101).

2. LEGAL FRAMEWORK

Slowacja

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. Protocol of 2001 to the 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:

Slowacja

* 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 order is issued by a presiding judge or by the judge for preliminary proceedings in the preliminary proceedings and prior to commencing the prosecution upon prosecutor´s suggestion. In an urgent case and if the order of the judge for preliminary proceedings in not possible to obtain in advance, the order may be issued prior to commencing the prosecution and in the preliminary proceedings by the prosecutor, if interception of telecommunication is not connected with a visit to a home. Such order must be confirmed within 24 hours following the issue thereof by the judge for preliminary proceedings, otherwise it shall be null and void.

4. ACCEPTED LANGUAGES

Slowacja

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

Slowacja

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Slowacja

a. Special requirements

N/A

b. Other useful information

If the assistance shall be provided on the basis of foreign legal provisions, the judge shall decide upon a motion by the prosecutor whether the foreign procedure does not conflict with the interests protected by the provisions of Article 481 of Code of criminal procedure. If he does not find such a conflict he shall authorise the provision of the assistance and shall at the same time decide how the evidence shall be taken. An appeal by the prosecutor, with a postponing effect, shall be admissible against the court’s decision. The decision of the court on contradiction of procedure under foreign provision is not required if it concerns delivery of a document or instruction of a person under foreign provision. 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 lipiec 2016 by Sekretariat EJN

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