Fiches Belges

Yes. Everyone who has an item important for criminal proceedings (an item that may be used for evidentiary purposes), is obliged to render it to the authorities (to the police, the prosecutor or the court) upon order, and if such item must be confiscated for the purposes of a criminal proceedings, the person is obliged to surrender it. There is no written order issued by the competent authority. The obligation to produce documents does not apply to the document or other thing which contain information with respect to which the prohibition of testimony applies, unless the person who possess such document was relieved of the obligation of secrecy or of the obligation to keep the information confidential. In the event the person fails to comply with the order to surrender the item, the item may be taken from him/her. When securing of documentary evidence is requested, the EIO / a letter of request for international judicial assistance in criminal matters is essential.

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 and its Protocols. 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. 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.

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.

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