Fiches Belges: 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. If clarification of any fact essential for the criminal proceedings requires professional knowledge, the competent authority shall request an expert evaluation and in simple cases, a written confirmation (§ 141 of the Code of Criminal Procedure). In the event the above procedure is insufficient in view of the complex character of the given matter, the competent authority shall appoint an expert to the criminal proceedings in order to prepare an expert evaluation. If an extremely complex matter is to be clarified, two experts are appointed (§ 142 of the Code of Criminal Procedure). An expert in psychiatric should always be appointed in the event of examination of mental health and autopsy of a dead body.

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.

* 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 proof of evidence is realised upon request of a criminal authority, and in the court action upon a judge´s request, in case of providing an expert evaluation – formal decision of the competent criminal authority on appointment of an expert.

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. Assistance or participation of agents of the requesting State in the execution of the measure is admissible.