Measure Implementation

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

Under Section 3 (1) of the Slovak Criminal Procedure Code (CPC), state authorities, higher territorial units, municipalities and other legal entities and natural persons are obliged to cooperate with the law enforcement authorities and courts in the performance of their duties relating to the criminal proceedings. Under Section 3 (5) of the Slovak CPC, information subject to trade secrecy, banking secrecy and tax secrecy, or information from the records of registered securities, may be required by the court prior to the commencement of the criminal prosecution and by the public prosecutor in the preliminary hearing and, with its prior consent by the police officer, in the proceedings before the court by the presiding judge. The Slovak authority as the judicial authority executing the EIO shall provide the issuing authority with information about a) the holder of an account in a bank or a financial institution based in the territory of the Slovak Republic or a person having powers of attorney for that account, as well as other facts concerning that account; or b) the transactions in an account held in a bank or a financial institution during a specific period of time, including information about accounts from/to which these transactions were made. The executing judicial authority shall refuse to execute the EIO also where it would not be possible to request such information for the purposes of criminal proceedings conducted in the Slovak Republic in a similar domestic case.

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. Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 amended by the Protocol of 2001.

Competent Authority

* receive the request/decision for judicial cooperation

The 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, in relation to the Czech Republic, Czech.

Execution deadline

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

-

Concise legal practical information

Special requirements

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Last reviewed on 29 February 2024 by EJN Secretariat

NEXT MEASURE

  • Information and documents (A.20 - A.24)
  • A.23 Request for police/criminal records
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