Fiches Belges

Yes, this measure is possible. Pursuant to Section 99 (3) of the Criminal Procedure Code, the body search may be performed, if there is a reasonable suspicion that the person concerned is wearing an item important for criminal proceedings. At pre-trial stage, the prosecutor, or the police authority with the consent of the prosecutor may order the personal search. The search must always be performed by a person of the same sex. The body search (or the examination of a body) is also possible when it is necessary to find out whether his/her body shows any traces or consequences of an offence. If the examination is not performed by a doctor, it may be performed only by a person of the same sex. If, for evidence purposes, a blood test or any other similar act must be carried out, the involved person is obliged to submit to such act, unless connected with any danger for the person´s life. Taking of any biologic material which is not associated with interfering with the body integrity of the person concerned himself, may be carried out also by such person or with his/her consent by the authorities involved in criminal proceedings (Section 155 of the Code of Criminal Procedure). The person suspected of committing an offence, and the accused are obliged to submit to taking dactylographic prints that is performed by the police. The body search warrant shall be issued by the presiding judge, and in pre-trial proceedings by the prosecutor, or by the police upon the prior consent of the prosecutor.

Directive 2014/41/EU regarding the European Investigation Order in criminal matters in relation to the Member States which have implemented the EIO Directive. Otherwise, the European Convention on Mutual Assistance in Criminal Matters of April 20, 1959 and its first and second Additional Protocol, Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of May 29, 2000 and its Protocol. 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.

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. Ministry of Justice of the Slovak Republic is the competent central authority 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. The Slovak authorities shall perform the legal assistance requested by the foreign authorities in the manner regulated by the Code of Criminal Procedure or an international treaty. If legal assistance is provided under an international treaty in a manner which is not governed by the Code of Criminal Procedure, the competent public prosecutor shall decide in what manner the legal assistance should be performed. The requested legal assistance may be performed upon the request of a foreign authority under a legal regulation of the requesting State, if the requested procedure is not contrary to the interests protected by the provisions of Section 481 of the Code of Criminal Procedure. Assistance or participation of agents of the requesting State in the execution of the measure is admissible.