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

Začasni ukrepi zaradi zaplembe (504)

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. Under the conditions specified in an international treaty the court may, on the basis of a request by the foreign authority, and upon a motion by the prosecutor, order the provisional seizure of the movables, immovables, financial assets at the bank account, in a branch of a foreign bank, securities or another property located in the territory of the Slovak Republic, that is intented to be used to commit a criminal offence, was used to commit a criminal offence or is a proceed of crime, and its forfeiture or seizure is expected. ( § 551 of the Code of Criminal Procedure ) or according to Act No. 650/2005 Coll that has implemented EU Framework Decision 2003/577/JHA on the execution in the European Union of orders freezing property or evidence.

2. LEGAL FRAMEWORK

Slovaška

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. Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution of the European Union of orders of freezing property or evidence. In case of existence, the bilateral or other multilateral treaty covering the specific subject matter 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 for confiscation may be issued by the presiding judge, and in the preliminary proceedings by the prosecutor. In any urgent case, the prosecutor may issue an order also prior to commencing the prosecution. Such order must be confirmed within 48 hours by the judge for preliminary proceedings, otherwise it shall be null and void. If proceeding according to the Framework Decision 2003/577/JHA on the execution in the European Union of orders freezing property or evidence: prosecutor of the District Prosecutor´s Office.

4. ACCEPTED LANGUAGES

Slovaška

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. The Slovak Republic will accept certificates under this legal act in respect of the Czech Republic in Czech.

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

The conditions of dual criminality.

b. Other useful information

This measure is possible also in connection to legal entities: The court may impose the confiscation of the monetary sum upon a legal entity if a criminal offence was committed, even at the stage of an attempt or if there was participation in a criminal offence in connection a) with the performance of an authorisation to represent such legal entity, b) with the performance of an authorisation to make decisions on behalf of such legal entity, c) with the performance of an authorisation to perform a control within such legal entity, or d) with the negligence of the supervision or due diligence within such legal entity. The court may impose the confiscation of assets upon a legal entity if a criminal offence was committed, even at the stage of an attempt or if there was participation in a criminal offence referred to in Section 58 Subsection 2 or 3, and if the legal entity acquired assets or a part thereof through criminal activity or from the proceeds of criminal activity, in connection a) with the performance of an authorisation to represent such legal entity, b) with the performance of an authorisation to make decisions on behalf of such legal entity, c) with the performance of an authorisation to perform a control within such legal entity, or d) with the negligence of the supervision or due diligence within such legal entity (§ 83a -83b of the Criminal Code of the Slovak Republic).

Last reviewed on 6 julij 2016 by EJN secretariat
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