Fiches Belges

The decision of a court of another State in a criminal matter has legal effects on the territory of the Slovak Republic only if there is a provision in an international treaty or in a law to that effect. The foreign decision imposing a sentence may be enforced on the territory of the Slovak republic only if it is recognised by the Slovak court. A foreign decision may be recognised in a statement by which a forfeiture of assets or any part thereof, or items or their confiscation was pronounced, provided they are located in the territory of the Slovak Republic. (Section 515 of the Code of Criminal Procedure).

Regulation (EU) 2018/1805 on mutual recognition of freezing orders and confiscation orders. Council Framework Decision 2006/783/JHA (for confiscation orders from the Ireland and the Denmark). Convention on Laundering, Search, Seizure and Confiscation of Proceeds from Crime of 1990. 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, the Ministry of Justice of the Slovak Republic is competent to receive the certificates and foreign decisions. In case of standard MLA request, 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. Regional Court in whose territory the property or the thing to which the foreign decision relates are located shall have jurisdiction on execution and recognition.

Official translation into the Slovak language when proceeding according to the Regulation (EU) 2018/1805 and Council FD 2006/783/JHA (for IE and DK). In relation to the Czech Republic, the Czech language is accepted. When proceeding according to the Convention on Laundering, Search, Seizure and Confiscation of Proceeds from Crime of 1990 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 Council FD 2006/783/JHA 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.