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: Slovaška

Infiltracija tajnih agentov zaprošene države (201)

1. MEASURE IMPLEMENTATION

Slovaška

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. In order to reveal, disclose and convict the offenders of felonies, corruption, the offence of extremism, the offence of abuse of a civil agent´s power or the offence of legalization of income from criminal activities, an agent may be used. The use of an agent is admissible solely in the event the revealing, disclosure and conviction of the offenders of the above offences would be extremely difficult in any other way and the collected information lead to a reasonable suspicion that an offence has been committed or is to be committed. The agent´s action must be in compliance with the objective of this law and must be adequate to the illegality of the given act which should be revealed, disclosed or convicted by the agent. The agent is a member of the police corps or a police officer from another country (§ 10 of the Code of Criminal Procedure). In revealing, disclosure and conviction of the offenders of corruption, the agent may also by any person other than a police officer.

2. LEGAL FRAMEWORK

Slovaška

International legal framework applicable for this measure in your Member State

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:

Slovaška

* 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 prior to commencing the criminal proceedings or by the judge for preliminary proceedings in the preliminary proceedings upon prosecutor´s suggestion. 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 urgent case, the order may be issued by the prosecutor, provided the use of an agent is not connected with visit to another person´s home, prior to commencing the criminal proceedings or in the preliminary proceedings, in an oral form. However, such order must be confirmed in a written form, no later than within 72 hours following the issue, by the judge for preliminary proceedings, otherwise it shall be null and void.

4. ACCEPTED LANGUAGES

Slovaška

Accepted languages for the request/decision

Official translation into the Slovak language. When proceeding according to the Second Additional Protocol to the 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

Slovaška

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Slovaška

a. Special requirements

N/A

b. Other useful information

This institute is applied in revealing offenders or organized criminal activities. Such 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. 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 julij 2016 by EJN secretariat
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