Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

Everyone is obliged to give testimony to the effect what is known to that person about an offence and the offender or the circumstances essential for the criminal proceedings (Article 127 of the Code of Criminal Procedure). On the ground of the reasons precisely specified in the law, the witness is entitled to refuse testimony (Article 130 of the Code of Criminal Procedure). The witness must not be heard about any circumstances which represent a secret, unless the witness is released from this obligation by a competent authority. The witness must not be heard in the event his/her testimony would violate the confidentiality imposed or recognised by the law or an international agreement, unless the witness is released from this obligation (Article 129 of the Code of Criminal Procedure).

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU regarding the European Investigation Order in criminal matters in relation to the Member States which have implemented the EIO Directive. Otherwise, Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (29 May 2000); European Convention on Mutual Assistance in Criminal Matters (20 April 1959) and its Protocols.

Competent Authority

* receive the request/decision for judicial cooperation

EIO - Regional Prosecutor´s Office in the territorial circuit of which the requested investigative measure is to be carried out; if the subject of the EIO includes solely the investigative measure which is to be carried out by a court by reason of its applicability in the criminal proceedings in the issuing state, the competent authority is the district court in the territorial circuit of which the investigative is to be carried out. MLA – District Prosecutor´s Office in the territorial circuit of which the requested investigative measure is to be carried out.

Accepted languages

Accepted languages for the request/decision

Slovak.The Czech Republic may send the EIO in Czech. When proceeding according to 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.

Execution deadline

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

As stipulated by the EIO Directive. Requests in urgent cases shall be marked as urgent.

Concise legal practical information

Special requirements

The MLA request is to be executed in accordance with the relevant provisions of the law of the Slovak Republic; provisions of law of the foreign state may be used only if they are not contrary to the fundamental principles of the Slovak legal order (contrary to the interests of the State protected by the law). A list of questions to be asked must be submitted with the request for a hearing. A witness may be interrogated only to the extent necessary for the criminal proceedings. They may be asked questions to supplement the testimony or to clarify the deficiencies, ambiguities, or discrepancies. Questions must be asked clearly and tactfully. However, the witness may not be asked questions that indicate their response to them or misleading questions, or questions that could contain facts that are to be ascertained only from their testimony. Questions must not unjustifiably interfere with the privacy of the interrogated person with the exception of finding the motives of the accused, particularly if the witness is ill, or a witness damaged by a criminal offence against human dignity. It is possible to request the presence of a police or judicial authority or other persons involved in the criminal proceedings (e. g. a defence lawyer). Their supplementary questions can only be asked via the Slovak authorities. Hearing victims: The victim has a right to be accompanied by a confidant. A natural person possessing legal capacity who is chosen by the victim may be a confidant. The confidant shall provide the victim with the required assistance, especially psychological help. The confidant may also be a proxy of the victim. A person who holds the position of a judge, public prosecutor, accused, defence counsel, witness, expert or interpreter in the criminal proceedings cannot be a confidant. The confidant is obliged to maintain the confidentiality of the facts that they learnt during the course of the criminal proceedings. Hearing children: If a person under 18 years of age is examined about matters whose recovery from the memory due to his or her age, relationship to the offender or dependence on the offender and the nature and circumstances of the offence could adversely affect his or her mental and moral development or expose him/her to the risk of secondary victimisation, or if it is a criminal offence against human dignity, the examination must be carried out in a particularly respectful and substantive manner. Where the guardian is not present at the interrogation, a psychologist or expert who is to contribute to the proper conduct of the interrogation with regard to the subject matter of the interrogation and the level of intellectual development of the interrogated person shall be invited for the interrogation, as well as a representative of the body of social-legal protection of children and social curatorship. If they can contribute to the correct performance of the interrogation, the legal representative or a pedagogue shall also be invited for the interrogation.

Last reviewed on 29 February 2024 by EJN Secretariat

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