Fiches Belges

Yes, it is possible. Residential and non-residential premises and land that are not publicly accessible may be searched if there is a reason to believe that an item important for the criminal proceedings or that a person suspected of committing a criminal offence is hiding within, or if it is necessary to perform a seizure of movable assets to satisfy the entitlement to damages of the victim. The “item“ is to be understood also the intangible information, data of computing technique, or video recording on a technical device.

Directive 2014/41/EU regarding the 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. Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union with Protocol.

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. In case the MLA request is submitted, the 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 – Slovak. The Czech Republic may send the EIO in Czech. Otherwise, official translation into the Slovak language is needed. When proceeding according to European Convention on Mutual Assistance in Criminal Matters of April 20, 1959, 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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In case of house search and search of other premises, written and substantiated house search warrant shall be issued by the chair of the panel of judges, in pre-trial proceedings by the judge for pre-trial proceedings upon the motion of the prosecutor. Search warrant of other premises and land shall be issued by the chair of the panel of judges, in pre-trial proceedings by the prosecutor (or with his/her consent by the police officer). If the representative of the association refuses to grant consent to the law enforcement authority to make the acquaintance of the document containing the information being subject to the attorney´s duty of confidentiality, the judge for pre-trial proceedings shall adjudicate (no legal remedy is available against the court decision on the substitution of consent). When the search of premises where the attorney performs their legal profession is requested, and when documents containing information being subject to the attorney´s duty of confidentiality may be found within, there is an obligation to request the assistance of the Slovak Bar Associations well as the judge for pre-trial proceedings, who shall adjudicate; it is possible to make the acquaintance of the documents containing information being subject to the attorney´s duty of confidentiality only with the consent of the representative of the association or the judge for pre-trial proceeding (a document means also other device containing information, computer data including transactional data stored via computer system). Seizure of items: The Slovak judicial authority as the executing authority shall assess, typically within 24 hours of the delivery of a EIO for the purpose of seizing an item which is located in the territory of the Slovak Republic and is to be used as evidence in the issuing state, whether the conditions for its execution have been met and shall notify the issuing authority to that effect. Where the circumstances so permit, the executing judicial authority shall notify, before lifting or restricting the seizure of an item, the issuing authority to that effect.