Measure Implementation

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

A search of the dwelling and other premises of the accused person or other persons may be carried out if reasonable grounds exist for the suspicion that a particular person has committed a criminal offense and if it seems probable that the accused person will be arrested during the search or that the traces of crime or the objects relevant for the criminal proceedings will be uncovered. A personal search may be carried out if reasonable grounds exist for the suspicion that a particular person has committed a criminal offence and if it seems probable that traces and objects important for the criminal proceedings will be found during the search. The search shall be ordered by the investigating judge in the form of a reasoned written search warrant upon a reasoned written motion of the authorised state prosecutor. Before the beginning of the search, the person to whom the search warrant refers shall be asked to surrender voluntarily the person and/or the objects sought. The person whose dwelling or other premises is/are being searched, or a representative of that person, shall have the right to be present during the search. If the person whose dwelling or other premises are being searched or his or her representative cannot be reached, the court shall appoint to such a person an authorised representative from among the attorneys and the house search shall be carried out by the investigating judge. When a house search or personal search is conducted, two adult persons shall be present as witnesses. If a search is conducted in the premises of state authorities, companies or other legal persons, their head shall be invited to attend the search. A record shall be made of each house search or personal search and shall be signed by the person whose premises or person have been searched, his or her representative if present during the search, and the persons whose presence is obligatory. When conducting a search, only the objects and/or documents related to the purpose of the search may be seized. The objects and/or documents seized shall be entered in the record and described in detail. The record shall be delivered to the person whose premises or person have been searched and/or to his or her representative. In exceptional cases, a house search or personal search can also be conducted without a court order and without the presence of witnesses.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters; Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union; European Convention on Mutual Assistance in Criminal Matters with Additional Protocols; Bilateral Agreeements.

Competent Authority

* receive the request/decision for judicial cooperation

District Courts

Accepted languages

Accepted languages for the request/decision

Slovenian and English

Execution deadline

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

N/A

Concise legal practical information

Special requirements

N/A

Last reviewed on 27 September 2022 by EJN Secretariat

NEXT MEASURE

  • Securing evidence (A.30 – A.32)
  • A.31 Provisional measures (freezing of evidence)
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