Fiches Belges

Yes, it is possible to freeze money on bank accounts as stipulated in Section 95 of the Criminal Procedure Code. If the facts indicate that the funds in an account in a bank or a branch of a foreign bank or other funds are an instrument of crime or the proceeds of criminal activity, the presiding judge and, in the preliminary proceedings, the prosecutor may issue an order for the funds to be seized. The order of seizure may also relate to funds subsequently received on this account, including accessories, if the reason for the seizure also applies to them. If a foreign authority requests the seizure of funds in an account in a bank or a branch of a foreign bank for the purpose of returning them to the owner and there is no doubt that the funds do not belong to the owner of the account in which they are located and are the proceeds of crime, the prosecutor may decide to seize them. The provision of Section 95 shall apply mutatis mutandis. The judge decides on the return of the seized funds to their owner at the proposal of the prosecutor. The provisions of Section 95a, Section 95b and Section 98a of the Criminal Procedure Code shall apply mutatis mutandis.

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.

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 seat of the bank managing the account is located at the time of delivery of the freezing order and its certificate (as the requisite order shall always be delivered to the bank, to the branch of the foreign bank or another legal entity, or the natural person who has funds at his/her disposal). 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.

Official translation into the Slovak language when proceeding according to the Regulation (EU) 2018/1805 and the FD 2003/544/JHS (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 as stipulated by the Regulation (EU) 2018/1805 and in the FD 2003/577/JHA on freezing order 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.