Slovakia


SK

Official (constitutional) name of the country: Slovak Republic
 

Organisation of the judicial system

Organisation of justice – judicial systems - e-Justice website

  

Judicial cooperation

General description of the national system for international judicial cooperation in criminal matters

In the Slovak Republic, international judicial cooperation in criminal matters is provided by Ministry of Justice of the Slovak Republic as a central authority, General Prosecutor´s Office and relevant District and Regional Courts, as well as relevant District and Regional Prosecutor´s Offices.
Depending on the legal basis, mutual communication between relevant authorities should be made through the diplomatic channel, central authorities or by direct communication between competent judicial authorities.
In accordance with the the principle of reciprocity, if the requesting State is not bound by an international treaty, the Slovak authorities shall act on its request if the requesting State guarantees that it will comply with a comparable request from the Slovak authority and if it is a request, the performance of which is not bound by the existence of an international treaty.
In accordance with the principle of public order, the request of a foreign authority may not be granted if its performance would violate the Constitution or any provisions of the system of law of the Slovak Republic, which must always take precedence, or if the performance of the request would damage another important protected interest of the Slovak Republic.
A letter rogatory of the Slovak authorities of the preliminary hearing on legal assistance shall be sent to a foreign State through the General Prosecutor’s Office. Letters rogatory of the Slovak courts shall be sent to a foreign State through the Ministry of Justice. If legal assistance is provided under an international treaty in a manner which is not governed by Slovak Code of Criminal Procedure, the competent public prosecutor shall decide in what manner the legal assistance should be performed. In accordance with the principle of public order, the requested legal assistance may be performed upon the request of a foreign authority under a legal regulation of the requesting State, if the requested procedure is not contrary to the interests protected by the provisions of Slovak Code of Criminal procedure.
The letters rogatory of a foreign authority for legal assistance shall be served to the Ministry of Justice. To ensure the processing of a letter rogatory from a foreign authority for legal assistance, the District Prosecutor´s Office, under which jurisdiction the requested act of legal assistance is to be performed, is competent. If the local jurisdiction is given to several public prosecutions, the Ministry of Justice shall send the letters rogatory to the General’s Office for a decision as to which of the public prosecutions shall provide its processing. If a foreign authority requests the performance of an interrogation 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.

Text in original language, English and/or other available languages of the relevant national laws/provisions of the Criminal procedure codes  on judicial cooperation in criminal matters:


• Slovakia - Legislation
• Criminal Code (Slovak and English version) (Information extracted from UNODC website

 

Link to the EJN website’ section on the status of implementation in Slovakia of the EU legal instruments on judicial cooperation in criminal matters

Link to the national Fiches belges

Links to the relevant sections of the Council of Europe and United Nations Treaties Offices websites containing information on the conventions to which Slovakia is party

Council of Europe Treaty Office
United Nations Treaty Collection

  

National case law relevant for judicial cooperation in criminal matters

 

Information on the organisation of the EJN

 
The Slovak Republic has seventeen contact points from which sixteen are active and one is currently on maternity leave.
Seven contact points working at the Ministry of Justice of the Slovak Republic and one contact point working at the General Prosecutor´s Office.
Seven contact points working at seven Regional Prosecutor´s Offices, in concrete Regional Prosecutor´s Office Banská Bystrica, Nitra, Trenčín, Žilina, Prešov, Bratislava and Košice.
There is also one contact point working at the District Prosecutor´s Office Piešťany and one contact point working at the District Prosecutor´s Office Bratislava I (but this is the one who is on maternity leave).
The National correspondent and the Tool corespondent are both working at the Ministry of Justice of the Slovak Republic.

Useful national links


Ministry of Justice
Supreme Court 
General Prosecutor’s Office
Council for the Judiciary
National legislation databases

 

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