Fiches Belges

Yes, it is possible to seize assets as a preliminary measure applied in criminal proceedings. It may apply to items essential for criminal proceedings. The item essential for criminal proceedings are such that 1/ may be used for evidentiary purposes, 2/ were used to commit a crime or were intended for committing a crime (the “instrument of crime“), or 3/ are the proceeds of criminal activity. Sections 95 to 96g of the Criminal Procedure Code and Section 98a of the Criminal Procedure Code stipulate conditions for seizing of different assets, eventually their equivalent value, by the competent authorities involved in criminal proceedings (the provisions of Sections 95 to 96g and Section 98a of the Criminal Procedure Code regulate the seizure of funds, seizure of registered securities, seizure of immovable property, seizure of ownership interest in a legal entity, seizure of virtual currency, seizure of other property value, seizure of a movable item, seizure of an equivalent value). The presiding judge may, and prior to the onset of the criminal prosecution or in the preliminary hearing the public prosecutor, issue an order to seize the assets. At the (MLA) request of a foreign authority under Section 551 of the Criminal Procedure Code, the court may, based on the proposal of the prosecutor, decide to seize (freeze) property, an item or other property value that is located in the territory of the Slovak Republic, is intended for committing a crime, has been used to commit a crime or is the proceeds of crime, its confiscation or forfeiture is envisaged and if so provided by an international treaty (the provisions of Sections 95 to 96g and Section 98a of the Criminal Procedure Code on the seizure of funds, seizure of registered securities, seizure of immovable property, seizure of ownership interest in a legal entity, seizure of virtual currency, seizure of other property value, seizure of a movable item, seizure of an equivalent value shall apply mutatis mutandis). The District Court shall revoke the seizure on the basis of a motion from a foreign authority which requests the seizure or based on an international treaty. The District Court may revoke the preliminary seizure even when the foreign State fails to request the performance of the foreign assets’ decision concerning the seized assets within a reasonable period.

Regulation (EU) 2018/1805 on mutual recognition of freezing orders and confiscation orders (the Council Framework Decision 2003/577/JHA on the execution in the European Union of orders freezing property or evidence applies vis-à-vis the Ireland and the Denmark). European Convention on Mutual Assistance in Criminal Matters of April 20, 1959 and its protocols. 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, the bilateral or other multilateral treaty covering the specific subject matter may be applicable. A procedure in accordance with the principle of reciprocity is not excluded.

In case the requesting state proceeds according to the Regulation (EU) 2018/1805 (as well as the FD 2003/577/JHA), District Prosecutor´s Office in the territorial circuit of which the property is situated at the time of delivery of the freezing order and its certificate. If the property is located in the territorial circuit of more than one prosecutor´s office, the request shall be sent to the General Prosecutor´s Office which determines the competent prosecutor´s office to deal with the request. Otherwise, the General Prosecutor´s Office and the Ministry of Justice of the Slovak Republic (in trial stage) are the competent central authorities for the transmission of the request for the mutual assistance. The District Court under which jurisdiction the assets are situated shall be competent to decide upon the petition of the prosecutor on the seizure of assets If the matter cannot be deferred, the public prosecutor may issue the said order, which must be confirmed by the competent judge no later than within 48 hours, otherwise it shall expire.

Official translation into the Slovak language when proceeding according to the Regulation (EU) 2018/1805 and the FD 2003/544/JHA (freezing orders from IE and DK). In relation to the Czech Republic, the Czech language is accepted. When proceeding according to European Convention on Mutual Assistance in Criminal Matters of April 20, 1959 or 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.

Deadlines stipulated by the Regulation (EU) 2018/1805 and in the FD 2003/577/JHA on freezing orders are applied.

Dual criminality in required. The exception applies for the proceeding according to the Regulation (EU) 2018/1805, in case the request concerns an act, for which the law of the requesting state stipulates a custodial sentence of a maximum of at least 3 years and constitutes one or more of the criminal offences listed in Article 3 of the said Regulation under the law of the issuing state.