Fiches Belges

It is possible to summon a person for the purpose of conducting a hearing as a witness or as an accused in the course of pre-trial proceedings as well as court proceedings. If the person fails to comply with the summons, the person may be brought before the interrogating authority by the Police Force, or the judge and, in pre-trial proceedings the public prosecutor or police officer, may impose a disciplinary fine. It is also possible to serve a summons on a person in order to appear before the court of the foreign state. In accordance with the European Convention on Mutual Assistance in Criminal Matters, the service of a summons on an accused person who is in the territory of the Slovak Republic shall be transmitted to the respective authorities of the Slovak Republic at least 30 days before the date set for appearance.

European Convention on Mutual Assistance in Criminal Matters (20 April 1959) and its Protocols; Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (29 May 2000). In the absence of legal framework, the principle of reciprocity may be applicable.

In case of service of a summons, the MLA request shall be addressed to the District Prosecutor’s Office for the district where the requested assistance shall be carried out. If the requesting authority requires to serve the documents on the addressee in the Slovak Republic by the court, the request may be addressed directly to the District Court for the district where the addressee resides. If, in addition to the service of the summons, other investigative measure for the purpose of gathering of evidence is requested using the EIO, the competent authority is the Regional Prosecutor´s Office.

Slovak. When proceeding according to the European Convention on Mutual Assistance in Criminal Matters (20 April 1959) and 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.

At least 30 days before the date of the hearing (in accordance with the declaration made by the Slovak Republic to article 7 of the European Convention on Mutual Assistance in Criminal Matters).

The same rules apply for non-EU countries. In the case of the request of a foreign authority of the State which is not bound by an international treaty, on the serving of a document to a person within the territory of the Slovak Republic, the fulfilment of the condition of reciprocity shall not be examined.