Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, it is possible. According to the Section 115 of the Criminal Procedure Code, in criminal proceedings on a crime, corruption, criminal offences of extremism, a criminal offence of abuse of authority of a public official, a criminal offence of money laundering under Section 233 and 234 The Penal Code or another intentional criminal offence, the performance of which is bound by an international treaty, a warrant for the interception and recording of telecommunication operations may be issued if it may be reasonably assumed that it will aid in obtaining all the facts relevant to the criminal proceedings. The warrant may be issued if the purpose pursued may not be attained otherwise or if its attainment in another manner would be considerably hindered. The interception and recording period may last up to six months. In the preliminary hearing upon the petition of the public prosecutor, this period may be extended by the judge for the preliminary hearing, but always by only two months although it can be done so repeatedly. If it is a matter that cannot be deferred and the interception and recording of telecommunication operations is not associated with entry into a dwelling and a written warrant from the judge for the preliminary hearing cannot be obtained in advance, the warrant may be issued before the commencement of the criminal prosecution or in the preliminary hearing by the public prosecutor; the warrant must be confirmed by the judge for the preliminary hearing no later than 24 hours from its issue, otherwise it shall expire. It is also possible to secure data that is transmitted in real time via a computer system. The national law presupposes the possibility that the European investigation order will be executed by direct access to the telecommunications operation in the Slovak Republic from the state of origin.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU regarding the European Investigation Order in criminal matters in relation to the Member States which have implemented the EIO Directive. Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000. European Convention on Mutual Assistance in Criminal Matters, eventually UN Conventions. In the absence of an international agreement with a third country, a procedure in accordance with the principle of reciprocity is not excluded.

Competent Authority

* receive the request/decision for judicial cooperation

EIO - Regional Prosecutor's Office in Bratislava, which will submit a proposal for the issuance of the order to the competent court, namely to the Municipal court Bratislava I for the territorial circuit of the Regional court in Bratislava. MLA request - District Prosecutor's Office will be in charge of the request for legal aid issued on the grounds of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000. In the case of countries which have ratified the European Convention on Mutual Assistance in Criminal Matters or the UN Conventions, a request for legal aid must be sent in accordance with those conventions. In the absence of an international agreement with a third country, a procedure in accordance with the principle of reciprocity is not excluded. The performance of the required measure shall be ensured by the District Prosecutor's Office in the place in which the measure is to be performed.

Accepted languages

Accepted languages for the request/decision

Slovak. The Czech Republic may send the EIO in Czech. When proceeding according to European Convention on Mutual Assistance in Criminal Matters (20 April 1959) and 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.

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

Deadlines stipulated by the EIO Directive apply.

Concise legal practical information

Special requirements

According to the Slovak EIO Act, conditions for the execution of the EIO for the purposes of interception and recording of telecommunications with technical assistance of the Slovak republic and the conditions pursuant to Section 115 of the CPC (see above) have to be met. The execution of the EIO shall be refused, in addition to the grounds referred to in Section 11 of the EIO Act, if it would not be possible to issue an order for the interception and recording of telecommunications for the purpose of criminal proceedings conducted in the Slovak republic in a similar domestic case. Section 537 (3) of the CPC in connection with Section 539 (1) of the CPC requires the condition of dual criminality to be met for allowing such measure.

Last reviewed on 29 February 2024 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.51 Interception of telecommunication without the technical assistance of another MS (Annex C of the EIO)
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