Fiches Belges

It is possible to determine the contents of undelivered telegrams, letters or other consignments for the clarification of facts important to criminal proceedings, that originate from the accused or are addressed to them. An order is essential for such investigative measure, issued by the presiding judge and, prior to the onset of the criminal prosecution or in the preliminary hearing, the public prosecutor, or, with their consent, a police officer. The order is issued for the post office or the legal entity responsible for their transportation to release them. In criminal proceedings on crimes, corruption, a criminal offence of the abuse of authority of a public official and the criminal offence of money laundering, an order may be issued for the post office or the legal entity who performs the transportation of the consignments to release the consignment for which there is a justified suspicion that it was used for the commission of a criminal offence or it relates to such criminal offence, if it is necessary to determine its contents to clarify the facts important to the criminal proceedings (Section 108 of the Criminal Procedure Code). After the order is issued, the consignment may be opened only by the presiding judge and, in the preliminary hearing, the public prosecutor or the police officer with the prior consent of the judge for the preliminary hearing (Section 109 of the Criminal Procedure Code).

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 the 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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Mail or another medium of information between the defence counsel and the accused may not be detained. Dual criminality is required.