Fiches Belges

This special investigative measure of cross-border surveillance is not specifically regulated by a specific law. According to Slovenian legislation, every undercover observation is a continual or repeated session of surveillance or pursuit using technical devices for establishing position or movement and technical devices for transmitting and recording sound, photography and video recording and is focused on monitoring the position, movement and activities of the suspects and, under certain conditions, persons who are not suspects. Authorization of this measure is issued by Slovene state prosecutor or court (in cases if measure includes the use of technical devices of transmitting and recording of sound, planting a tracking technical device, surveillance inside enclosed spaces or surveillance of a third person (not a suspect)). The same goes for cases of cross border observations by foreign police – on the request of the foreign State and under the order of the Slovenian State Prosecutor or Slovenian Court. The special investigative measure can last up to 2 months and can be extended up to 24/36 months (state prosecutor orders) or 6 months (court orders).

Convention Implementing the Schengen Agreement; EC MLA Convention between Customs Administrations 1998(Naples II)

The measure of (cross-border) surveillance is permitted by a written order by the state prosecutor upon a written proposal from the police or MLA request, unless the surveillance will use technical devices for voice transmission and recording, planting a tracking technical device, surveillance inside enclosed spaces or surveillance of a third person (not a suspect), then the order must be issued by a written order by an investigating judge upon a written proposal from the state prosecutor and only for certain serious crimes. The police executes the undercover observation.

Slovenian and English

The State Prosecutor and the Court regards the special investigative measure as urgent. The special investigative measure can last up to 2 months and can be extended up to 24/36 months (state prosecutor orders) or 6 months (court orders).

The national rules are the same for cooperation within or outside of the EU – MLA request.