Measure Implementation

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

Yes, it is possible. Procedural documents may be served either directly by post to the addressee in the territory of the Slovak Republic in accordance with the internal rules regulating service of documents by post, if stipulated by an international treaty binding upon the Slovak Republic. If direct service is not possible, a letter of request for international judicial assistance in criminal matters is essential. Internal provisions on serving of documents within the framework of legal relations with foreign states in Article 541 of the Act 301/2005 Code of Criminal Procedure stipulate: (1) If a document intended to be served to an addressee in the Slovak Republic is issued in the Slovak language or in a language which may be assumed that, given all the circumstances of the case, is the language the addressee can understand, or if the translation into such language is enclosed to it and it does not require personal serving, the document shall be served to the addressee under the provisions of this Act for the serving into own hands. Serving of a consignment by deposit may only be performed during repeated attempts of serving. (2) If the document is not written in the language under Subsection 1 and there is no translation enclosed with it into such language, which the requesting authority was not obliged to provide for such translation under an international treaty, the effectuation of the translation into the Slovak language shall be provided by an authority performing legal assistance and subsequently served it under Subsection 1. Otherwise, the document shall be served to an addressee only if the addressee is willing to accept it after the instruction on the possibility of refusal of its receipt. (3) If the requesting authority requests the personal serving of the documents, they must be served to the addressee in person. In such case, the serving under Subsection 1 is not possible and if it is not possible to serve the documents even after the repeated attempts in person, the serving authority shall return the unprocessed letters rogatory and state their reasons in the accompanying letter. The addressee shall confirm acceptance of the documents in the delivery note of the requesting authority or in the report of the requesting authority by their signature. If the addressee refuses to accept the documents for reasons referred to in Subsection 2, the serving authority shall indicate such fact in the served letter of the requested authority or in an accompanying letter, which shall return the letters rogatory to the requesting authority. (Service into own hands, refusal of acceptance and serving to legal entities is regulated by Sections 66- 68 of the Code of Criminal Procedure).

Legal Framework

International legal framework applicable for this measure in your Member State

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 29 May 2000. Article 52 of the Convention implementing the Schengen Agreement of 14 June 1985

Competent Authority

* receive the request/decision for judicial cooperation

A request for judicial assistance shall be addressed to the District Prosecutor’s Office for the district where the requested assistance shall be carried out. If the requesting authority requires to serve the documents on the addressee in the Slovak Republic by the court, the request may be addressed directly to the District Court for the district where the addressee resides. If the place of residence is not known, it shall be sent to the General Prosecutor´s Office. The Ministry of Justice of the Slovak Republic is the competent central authority for the transmission of the request for the mutual assistance within the meaning of Article 6 paragraph 2 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000.

Accepted languages

Accepted languages for the request/decision

Official translation into the Slovak language. 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.

Execution deadline

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

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Concise legal practical information

Special requirements

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Last reviewed on 29 February 2024 by EJN Secretariat

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