Fiches Belges

Yes, it is possible. The police officer is authorised to order the person, if necessary for performance of the duties according to the Police Corps Law, to prove his/her identity by an ID card (Section 18 of the Police Corps Law). At each stage of the criminal proceedings, the competent criminal authority shall verify the identity of the person involved prior to performing the given measure. In the event the ordered person refuses to prove his/her identity or is unable to reasonably prove his/her identity, such person may be taken to a police department in order to prove his/her identity. Identity of the person may be verified pursuant to Section 155 (5) of the Criminal Procedure Code, when the evidence requires that it is necessary to establish the identity of the person who remained at the crime scene. The person concerned is obligated to submit to the acts necessary for such findings, including the collection of finger prints. Section 126 of the CPC also regulates the identification of a person by recognition (either in person, or by photographs, or with using of technical means).

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 of 2001. In case of existence, 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 the 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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