Fiches Belges

Yes, it is possible. The search on the site is carried out, if direct inspection should reveal any circumstances essential for the criminal proceedings, particularly in order to reveal or disclose any traces (Section 154 of the Code of Criminal Procedure). The on-site search is carried out either by the police or the prosecutor, in trial the court. A person carrying out an expertise, or an admitted expert may be present at the on-site search.

Directive 2014/41/EU regarding the European Investigation Order in criminal matters in relation to the Member States which have implemented the EIO Directive. With respect to the other countries, the European Convention on Mutual Assistance in Criminal Matters of April 20, 1959, and the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union with Protocol apply. In case of existence, the bilateral or other multilateral treaty covering the specific subject matter may be applicable. In the absence of legal framework, the principle of reciprocity may be applicable.

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. MLA - 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.

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This act of judicial assistance may be performed according to a foreign legal regulation. Assistance or participation of agents of the requesting State in the execution of the measure is admissible.