Fiches Belges

If an item important for criminal proceedings (an item that may serve for purposes of evidence), has to be secured in the territory of the Slovak Republic, it must be surrendered upon request to the police, the prosecutor or to the court. If an item is not surrendered on a voluntary basis, the authorities may order its seizure (in pre-trial proceedings the prosecutor or the police shall order the seizure, at the trial stage the presiding judge). The obligation to produce documents does not apply to the document or other item 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. Seizure of an item for the purpose of evidence takes priority over other purposes of its seizure.

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.

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.

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.

As stated in the EIO Directive.

If the issuing authority notifies the executing authority that the seizure of an item is no longer necessary or is only partially necessary, revokes or withdraws the EIO, or fails to respond within a reasonable time even to a repeated request as to whether the grounds for the seizure continue to apply, the executing judicial authority shall proceed mutatis mutandis in accordance with relevant provisions of the CPC on returning of item. Once the seized item ceases to be necessary for criminal proceedings (and its confiscation or forfeiture is out of the question), it has to be returned to the person who has surrendered it or from whose possession it has been removed (or it must be returned to the rightful owner), pursuant to Section 97 and 98 of the Criminal Procedure Code.