Fiches Belges

Yes, it is possible. The restitution of item to the legitimate owner envisages the Criminal Procedure Code by stipulating that if an item that has been submitted, withdrawn, taken over or otherwise seized in criminal proceedings, is not necessary for further proceedings and if no forfeiture or confiscation is possible, the item shall be returned to the person who submitted it, from whom it was withdrawn or to whom it was seized pursuant to a special law. If another person exercises the right to it, it is returned to the owner of the item or its authorized holder, whose right to the item is unquestionable. Decisions in this regard shall be taken by the presiding judge and, in the preliminary proceedings, by a public prosecutor or a police officer (Section 97 of the Criminal Procedure Code). The specific item can be returned (to the legitimate owner) with regard to relevant provisions of the Regulation (EU) 2018/1805 (Art. 29), the Convention MLA 2000 (Art. 8) and the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (Art. 12). Bilateral treaties may be applicable as well. Restitution of funds on a bank account that were seized on the (standard MLA) request of the foreign judicial authority with the purpose of it return is regulated by Section 550a of the Criminal Procedure Code.

Regulation (EU) 2018/1805 on mutual recognition of freezing orders and confiscation orders (Art. 29). European Convention on Mutual Assistance in Criminal Matters of April 20, 1959 as amended by its Second Additional Protocol of 2001 (Art. 12). Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of May 29, 2000 and its Protocol of 2001 (Art. 8). UN Conventions. In case of existence, the bilateral treaty covering the specific subject matter may be applicable.

In case the requesting state proceeds according to the Regulation (EU) 2018/1805, District Prosecutor´s Office which is competent for recognizing the freezing order (where the property is situated at the time of delivery of the freezing order and its certificate). 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 request may also be sent directly to the District Prosecutor’s Office for the district where the requested assistance shall be carried out (and a copy of the request shall be sent to the General Prosecutor’s Office) when proceeding according to the Second Additional Protocol of 2001 or the Convention MLA 2000.

Official translation into the Slovak language when proceeding according to the Regulation (EU) 2018/1805. 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 are applied.

The condition of dual criminality has to be satisfied (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).