Measure Implementation

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

Hearing witnesses: the measure is possible under the same legal provisions that apply to hearing witnesses by videoconference. The witness who is in the territory of the Republic of Slovenia must be accompanied by a competent official of the authority conducting the interrogation or by another person authorised by the authority to ensure proper identification of the witness being interrogated. The defence lawyer and security staff may be present. The date/time should be fixed in direct coordination between the executing and issuing authorities. Hearing suspects/persons accused: not possible under the national Criminal Procedure Act nor the national act implementing the Convention of 29 May 200 o Mutual Assistance in Criminal Matters between the Member States of the European Union.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters; Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union; European Convention on Mutual Assistance in Criminal Matters with Additional Protocols;

Competent Authority

* receive the request/decision for judicial cooperation

District Courts

Accepted languages

Accepted languages for the request/decision

Slovenian and English

Execution deadline

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

N/A

Concise legal practical information

Special requirements

According to national legislation, state prosecutor, accused person and defence counsel may be present when hearing a witness. Injured party may be present when hearing a witness only if it is likely that witness will not attend trial. Representatives of requesting state may be present if they are in the same function, if an international treaty does not provide otherwise. Representative of the authority competent for carrying out the hearing in the requesting country may also be present. Questions have to be made to questioned person by Slovenian authorities. Checking the identity has to be ensured.

Last reviewed on 27 September 2022 by EJN Secretariat

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