Fiches Belges: 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. The person carrying any thing essential for the criminal proceedings is obliged to deliver it upon order, and if such thing must be confiscated for the purposes of a criminal proceedings, the person is obliged to deliver it. This obligation shall not apply to any instrument or any other thing, the contents of which are related to those circumstances which are subject to prohibition of hearing, except for the case of releasing from the obligation to keep the thing in secret or releasing from the obligation to keep the information confidential (§ 89 of the Code of Criminal Procedure). In the event the person fails to comply with the order to deliver the thing, the thing may be taken from him/her.

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters of April 20, 1959. Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union .

* receive the request/decision for judicial cooperation

District prosecutor´s office according to the place of residence of the requested person. If the place of residence is not known, General Prosecutor´s Office.

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

The order to deliver the thing may be issued by the presiding judge prior to commencing the prosecution or by the prosecutor or police officer in the preliminary proceedings.

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 one of the official languages of the Council of Europe may be used.

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.