Fiches Belges

Yes, it is possible. The surveillance of persons and items may be performed in the criminal proceedings on an intentional criminal offence if it can reasonably be assumed that it will reveal facts relevant to the criminal proceedings. The request has to be delivered in advance due to the need to issue an order, which is issued by the presiding judge, before the commencement of the criminal prosecution, or in the preliminary proceeding by the public prosecutor, who shall issue a warrant for surveillance in writing. Surveillance is performed by a competent authority of the Police Force. If it is necessary that the surveillance is performed in other premises or land that are not publicly accessible, or if the technical information resources are to be utilised during the surveillance and the surveillance is not associated with entry into a dwelling, the warrant for the surveillance shall be issued by the presiding judge, before the commencement of the criminal prosecution or in the preliminary hearing, by the judge for preliminary hearing upon the petition of the public prosecutor, if the facts important to the criminal proceedings cannot be obtained otherwise during the performance of surveillance.

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 surveillance of persons and items means acquiring information on the movements and activities of persons or the movement of items that is performed in a classified manner. The measure of surveillance is covered by Section 30 in connection with Section 29 of the EIO Act as “Monitoring in the territory of the Slovak Republic. The executing judicial authority shall ensure the management, control and execution of measures related to the execution of the EIO in the Slovak territory by a competent authority in accordance with the Slovak law. The request for surveillance must be justified by the suspicion of the commission of a specific criminal activity and also by the data on the persons and items to be monitored, provided such information is known. The warrant for the surveillance must specify the period during which the surveillance shall be performed and this must not be longer than six months. The person who issued the warrant for the surveillance may extend the surveillance period in writing, but by no more than another six months, and they may even do so repeatedly. Dual criminality is required.