Fiches Belges

Yes, it is possible. If the storage of the stored computer data is necessary for the purposes of evidence, including operational data that is stored through a computer system, the presiding judge and, prior to the commencement of criminal prosecution or in pre-trial proceedings, the prosecutor may issue an order based on circumstantial reasons to the person who has possession of or control over such data, or to the provider of such services. The person concerned, or the provider may be required to preserve such data, allow production or retention of a copy of such data, prevent access to such data, remove such data from the computer system, and/or surrender such data for the purposes of evidence. The order shall specify the period during which the data is to be retained, not exceeding 90 days (a re-retention may be ordered by a new order). With such order, the duty to treat as confidential the measures set out in the order may be imposed. Before the retention period expires, the requesting state must deliver an EIO / MLA request with the aim of providing the retained data; otherwise the data will be released by the person / provider concerned. If the person who has possession of or control over computer data fails to surrender such data voluntarily, such data may be seized by the authority that issued the order or by the person specified in the order. The obligation shall not apply to a document the content of which relates to a circumstance which is prohibited from testifying, except in the case of an exemption from duty of confidentiality or an obligation of professional duty of confidentiality.

Convention on Cybercrime of November 23, 2001. Directive 2014/41/EU regarding the European Investigation Order in criminal matters in relation to the Member States which have implemented the EIO Directive.

Presidium of the Police Force, Cybercrime Department – for request for expedited preservation of stored computer data 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 - 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.

Slovak. The Czech Republic may send the EIO in Czech. When proceeding according to the Convention of the Council of Europe, one of the official languages of the Council of Europe may be used.

As set by the EIO Directive.

If the request for expedited preservation of stored computer data is not drafted and submitted by the judicial authority, it is advisable to include the information on which judicial authority approved / ordered the retention of electronic data (a separate request of the judicial authority is not necessary; it is sufficient that the judicial authority certifies the request). Dual criminality is required.