Fiches Belges

Yes, it is possible to take over the proceedings upon the request of the foreign judicial authority for transfer of proceedings, if the act for which it is conducted is criminal also under the law of the Slovak Republic and it falls under the jurisdiction of the Slovak authorities (dual criminality has to be fulfilled, as well as that the prosecution must not be time-barred) and fulfil other requirements set by the international treaties.

European Convention on the Transfer of Proceedings in Criminal Matters (15 May 1972). Article 21 of the European Convention on Mutual Assistance in Criminal Matters of April 20, 1959.Bilateral treaties covering the specific subject matter may be applicable.

Requests for transfer of criminal proceedings shall be addressed to the General Prosecutor's Office of the Slovak Republic. The Ministry of Justice of the Slovak Republic is the competent authority to transmit abroad requests for transfer of criminal proceedings. The General Prosecutor´s Office shall inform the Ministry of Justice on the request of the foreign authority that the criminal proceedings which are performed by such authorities shall be accepted by the Slovak authorities. In case of a positive decision on a request, the General Prosecutor’s Office will give an incentive to the competent prosecutor´s office to initiate criminal proceedings without undue delay.

Official translation into the Slovak Republic. The Slovak Republic has not made a declaration pursuant to Article 18 (2) of the European Convention on the Transfer of Proceedings in Criminal Matters, however it may claim reciprocity. There has been a declaration made pursuant to Article 16 (2) of the European Convention on Mutual Assistance in Criminal Matters, according to which the Slovak Republic invites the other Contracting Parties to present their requests and supporting documents which are not drawn in either Slovak or one of the official languages of the Council of Europe together with a translation into one of these languages. Language regime may be modified according to the relevant bilateral treaty.

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Pursuant to Section 528 of the Code of Criminal Procedure, the act performed by the authorities of the requesting State in compliance with the legal system of such State has the same validity in the Slovak Republic as if it was made by the Slovak authorities, under the condition that its acceptance does not give such act a larger evidence value than the one it already had in the requesting State. If the requesting State withdraws its request on the acceptance of the criminal matter due to the fact that it will continue in the criminal matter, the Slovak authorities shall lose the power to continue in the criminal proceedings. Once the person (suspected of committing a criminal offence) has been accused in the requesting state by way of issuing a formal decision, or announcing the accusation to the person concerned (for countries which do not issue formal decisions), a request is considered according to the European Convention on the Transfer of Proceedings in Criminal Matters (conditions set in Articles 7 and 8 of the said Convention and relevant provisions of bilateral treaties have to be fulfilled for the takeover of the proceedings).