Fiches Belges

Yes, it is possible. In the event the testimony of the person accused is in contradiction, in material issues, with the testimony of a co-defendant or witness, and the contradiction cannot be clarified in any other way, the person accused may be put in a face-to-face confrontation with them. Either of the persons confronted face-to-face may ask questions the other person only with the consent of the interrogator. These provisions shall not apply in case of an agent, endangered witness, protected witness, and a witness whose identity is secret (Article 125 of the Code of Criminal Procedure). Confrontation may be carried out also between the witnesses.

Directive 2014/41/EU regarding European Investigation Order in criminal matters in relation to the Member States which have implemented the EIO Directive. 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. In case of existence, the bilateral or other multilateral treaty covering the specific subject matter may be applicable. In the absence of legal framework, the principle of reciprocity may be applicable.

EIO - Regional Prosecutor´s office in the territorial circuit of which the requested investigative measure is to be carried out shall have competence to ensure that the European Investigation Order is dealt with; 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. General Prosecutor´s Office and the Ministry of Justice of the Slovak Republic are the competent central authorities for the transmission of the request for the mutual assistance, if direct contact between judicial authorities does not apply.

EIO - official translation into the Slovak language. In relation to the Czech Republic also Czech. 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.

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A list of questions to be asked must be submitted with the request.