Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, this measure is possible. In case of EU Member States that have implemented Directive 2014/41/EU, if they send the EIO with a request for cross-border GPS tracking (without technical support from the Slovak Republic), the EIO will be assessed by the Slovak judicial authorities as a request for legal assistance under the relevant international treaties governing cross-border surveillance. Please see the answer to the measure under A.70 (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. Special legislation applies in the Czech Republic. In the case of the Czech Republic, where a bilateral agreement applies, prior consent to cross-border GPS tracking is not required. However, the consent of the competent authority (Bratislava Regional Prosecutor's Office) is required to use the result of the cross-border surveillance as evidence. In other cases, 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.

Legal Framework

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters of April 20, 1959, as amended by the Second Additional Protocol of 2011. UN Conventions. Bilateral treaties.

Competent Authority

* receive the request/decision for judicial cooperation

* 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.

Accepted languages

Accepted languages for the request/decision

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.

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

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Concise legal practical information

Special requirements

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Last reviewed on 29 February 2024 by EJN Secretariat

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