Fiches Belges

Yes, it is possible. Controlled delivery means the monitoring of movement of the consignment from the sender to the addressee during its transit, export or import, if the circumstances of the case justify the assumption that the consignment without the necessary permits contains narcotic substances, psychotropic substances, precursors, poisons, nuclear or other radioactive materials, hazardous chemical substances, counterfeit or altered money, counterfeit or altered securities, counterfeit, altered or illegally produced custom stamps, postal stamps, labels and postal stamps, means of payment, firearms or weapons of mass destruction, ammunition and explosives, cultural heritage items or other items that require special permissions for their possession, items intended to commit a criminal offence, or items of a committed criminal offence, for the purpose of apprehending persons who take part in the handling of such consignment (Section 111 of the Criminal Procedure Code). A warrant for the controlled delivery must be issued by the presiding judge, before the commencement of the criminal prosecution, or in the preliminary hearing by the public prosecutor. Monitoring of the delivery is performed by the Police Force in cooperation with customs administration authorities, which must be notified of such procedure in advance. The Police Force may commence the monitoring of the consignment without the warrant if the item cannot be deferred and the warrant cannot be procured in advance. The Police Force shall notify the public prosecutor of such act without undue delay. If the public prosecutor fails to issue a warrant within 48 hours, the monitoring of the consignment must be terminated and the obtained information can no longer be used in further proceedings and must be destroyed in the prescribed manner without undue delay. The Police Force shall terminate the monitoring of the consignment through the written order of the public prosecutor, and if it is clear that the handling of the consignment creates a serious danger to life or health, significant damage to assets, or if there is a serious risk that it will not be possible to further monitor such consignment, even without the written order. If necessary, together with the termination of the monitoring of a consignment, the Police Force shall take action against the further detention of items that are part of the consignment; this shall not apply if the monitored consignment is in transit across the State border and its monitoring will be assumed by the competent authority of another State within international cooperation.

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 as amended by the Second Additional Protocol of 2011. 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 (and a copy of the request shall be sent to the General Prosecutor´s Office of the Slovak Republic)

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 replacement of contents of the controlled consignment is not strictly established. During the course of monitoring the consignment, the Police Force may perform the necessary measures to ensure, with the knowledge and control of the customs administration authority, that the consignment or the items replacing it manage to leave the Slovak Republic abroad or vice versa, or from foreign countries through the territory of the Slovak Republic to the other State (Section 111 of the Criminal Procedure Code). Reservation to Article 18 of the Second Additional Protocol of 2011 reads as follows: The Slovak Republic will execute requests under Article 18 of the Second Additional Protocol only if the requests relate to the control of delivery from the sender to the addressee during its transit, export or import, if the circumstances of the case justify the assumption that the consignment without the necessary permits contains narcotic substances, psychotropic substances, precursors, poisons, nuclear or other radioactive materials, hazardous chemical substances, counterfeit or altered money, counterfeit or altered securities, counterfeit, altered or illegally produced custom stamps, postal stamps, labels and postal stamps, electronic means of payment or another payment card or an item capable of such function, firearms or weapons of mass destruction, ammunition and explosives, cultural heritage items or other items that require special permissions for their possession, items intended to commit a criminal offence, or items of a committed criminal offence, for the purpose of apprehending persons who take part in the handling of such consignment.