Fiches Belges

Yes, it is possible. In criminal proceedings for an intentional criminal offence for which the Criminal Procedure Code sets out a prison sentence with an upper penalty limit of at least three years, for certain explicitly listed criminal offences (see Special requirements) as well as for a criminal offence by which grievous bodily harm or death was caused or for another intentional criminal offence, the conduct of which is bound by an international treaty, a warrant for the identification and notification of data on telecommunication operations may be issued (Section 116 of the Criminal Procedure Code). A warrant covers information which is subject to telecommunications privacy, or subject to personal data protection, which is necessary to clarify 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.

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.

EIO - 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. MLA request - 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).

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.

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The criminal offences listed in Section 116 of the CPC are: a criminal offence of the protection of privacy in the dwelling under Section 194a, fraud under Section 221, dangerous threats under Section 360, stalking under Section 360a, spread of alarming news under Section 361, incitement under Section 337, endorsement of a criminal offence under Section 338. 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. In light of the of the judgment of the CJEU in C-724/19 (HP), as the issuing state requesting the traffic and location data, the Slovak authorities attach to the EIO a court order issued pursuant to Section 116 of the CCP (identification and notification of telecommunication data) as a separate annex; as the executing state, the states are asked for the issuance of the EIO by the court or for the attachment of the court order to the EIO issued by another judicial authority.