Fiches Belges

Yes, it is possible. The examination of mental condition of the accused is performed always by an expert in psychiatry. A court order, and in pre-trial proceedings an order of the presiding judge, is needed. In case an outpatient examination is insufficient, the examination is carried out in a medical facility or if the accused is in custody, in the hospital for the accused and convicted (Section 148 of the Code of Criminal Procedure). The examination of mental condition of a witness is performed in the event of substantial doubt that the ability to perceive correctly or to give testimony of the witness, whose testimony is of material importance for the decision, is substantially diminished. A court order, and in pre-trial proceedings an order of the presiding judge, is needed. It is not admissible to perform the examination of the witness in a medical facility (Section 150 of the Code of Criminal Procedure).

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 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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Widely applied institute in respect of examination of the accused. This act of judicial assistance may be performed pursuant to foreign legal regulation. Assistance or participation of agents of the requesting State in the execution of the measure is admissible. As the execution of such measure requires the court order, the condition of dual criminality has to be satisfied.