Fiches Belges

Foreign authorities may perform cross-border surveillance in the territory of the Slovak Republic under the terms set out in an international treaty. If an international treaty does not specify which authority of the Slovak Republic is competent to grant consent to perform the cross-border surveillance in the Slovak Republic, such consent shall be granted by the public prosecutor and in urgent cases, the President of the Police Force or a person authorised by them. The President of the Police Force or a person authorised by them shall inform the competent public prosecutor on the granted consent without undue delay, who shall decide to continue the surveillance (Section 544 of the Criminal Procedure Code). The purpose of this investigative measure is to gather evidence for criminal proceedings. In urgent cases, it is possible to carry out the surveillance without authorization under the condition of immediate notification of such crossing to the Presidium of the Police Force of the Slovak Republic. Subsequent request for legal assistance has to follow without undue delay. Observation shall cease as soon as the Slovak competent authorities so request, or where authorisation has not been obtained within five hours of the border being crossed. (the bilateral treaties may stipulate different time limit and set a special procedure concerning the cross-border surveillance by technical means only). Competent authority for carrying out cross-border observation is the Police Force of the Slovak Republic.

European Convention on Mutual Assistance in Criminal Matters of April 20, 1959, as amended by the Second Additional Protocol of 2011. UN Conventions. Convention implementing the Schengen Agreement of June 14, 1985.Bilateral treaties (e. g. the bilateral treaty with Czech Republic).

* receive the request/decision for judicial cooperation Regional Prosecutor's Office in Bratislava (Article 17 (1) of the Second Additional Protocol). * execute the measure District Prosecutor´s Office in the place in which the state border of the Slovak Republic is likely to be crossed. If the requesting state will send the EIO, the competent regional prosecutor's office in charge will assess the EIO as a request for legal assistance and submit the request to the competent district public prosecutor's office for its execution.

Official translation into the Slovak language. When proceeding according to European Convention on Mutual Assistance in Criminal Matters of April 20, 1959, as amended by the Second Additional Protocol of 2011, 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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In accordance with point 9 of the Preamble to the EIO Directive, the Slovak Republic does not apply the EIO to cross-border surveillance. According to the Slovak law (Section 113 of the Criminal Procedure Code), 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. National law regulates the situation where the case cannot be postponed and the written order cannot be obtained in advance. In this case, the order must be issued within 24 hours, otherwise the tracking must be terminated. The order allows tracking for a maximum of six months, if necessary, it can be extended in writing for another six months, even repeatedly. If the tracking lasts longer than twelve months, the order is issued by the judge for the preliminary proceeding. Cross-border surveillance has to be executed under the legal order of the state where it was executed and documented by a process record, also video-record, audio-record, photos or any other media recording the process of operation. Surveillance has to be requested/executed under the conditions set out in the relevant international treaty. The principle of reciprocity is not applicable. Dual criminality is required.