Measure Implementation

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

Yes, this measure is possible. Notification pursuant to Article 31 of the EIO Directive on interception of telecommunications operations may be sent only in cases falling under the legislation of Section 115 of the Criminal Procedure Code (please see the information provided in measure A.50). Municipal court Bratislava I has jurisdiction to decide on granting of consent to the interception and recoding of telecommunications which is, has been or is to be carried out from another MS in the territory of the SR without its technical assistance, or to the continuation of such interception as well as to related measures. The competent court shall notify the authority of another Member State of the consent within 96 hours of receiving the notification of interception. Where the consent to the interception has not been given, the competent court shall notify the authority of another Member State that the information obtained through cross-border interception may not be used for the purposes of criminal proceedings conducted in that Member State or that it may only be used subject to meeting the conditions determined by the competent court; in the notification, it shall provide the grounds for which such conditions need to be fulfilled.

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. Otherwise, Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 (Article 20) is applicable.

Competent Authority

* receive the request/decision for judicial cooperation

Municipal Court Bratislava I

Accepted languages

Accepted languages for the request/decision

Slovak, in relation to the Czech Republic, Czech

Execution deadline

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

Deadlines stipulated by the EIO Directive are applied.

Concise legal practical information

Special requirements

The same conditions as stated in Section 115 of the CPC (see the information in measure A.50) have to be met in order to grant consent by the competent court. Section 537 (3) of the Code of Criminal Procedure in connection with Section 539 (1) of the Code of Criminal Procedure 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.52 Tracing of telecommunications and other forms of electronic communications
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