Fiches Belges

Room surveillance, or preparation or video, audio and audiovisual recordings, is possible pursuant to Section 114 of the Criminal Procedure Code. Slovak legislation allows for the production of video, audio or video-audio records associated with direct entry into the dwelling. This investigative measure is admissible only in criminal proceedings on crime, corruption, the crime of abuse of power by a public official, the crime of money laundering or another intentional criminal offense, which is bound by an international agreement, and only with the prior consent of the judge, before the commencement of criminal proceedings or in the preparatory proceedings of the judge for the preliminary proceedings. The warrant for the surveillance is issued in writing by the presiding judge, before the onset of the criminal prosecution or in the preliminary hearing, upon the petition of the public prosecutor, by the judge for the preliminary hearing. The petition must be justified by the suspicion of the commission of a specific criminal activity and also information on persons and items that the preparation of the video, audio or audiovisual recordings concerns, if they are known. The period of surveillance may be up to six months and may be extended for no more than two months, even repeatedly.

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 Protocols, eventually UN Conventions. In case of existence, bilateral or other multilateral treaty covering the specific subject matter may be applicable. In the absence of an international agreement, 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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If during the surveillance it is found that the accused communicates with their defence counsel, such information obtained may not be used for the purpose of the criminal proceedings and must be destroyed in a prescribed manner without undue delay; this shall not apply if it is about information which relates to a matter in which the attorney does not represent the accused as their defence counsel. Dual criminality is required.