Spans in 'Slovakia - Crim Proc Code - Leg Rel Abroad' tagged with 'Complementarity'

'Complementarity' in document 'Slovakia - Crim Proc Code - Leg Rel Abroad'

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More information about the keyword 'Complementarity'
More information about the document 'Slovakia - Crim Proc Code - Leg Rel Abroad'
The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER TWO
EXTRADITION

Division Two

Section 502
Preliminary investigation

(1) Preliminary investigation shall be conducted by the prosecutor of a regional prosecution office, to whom the ministry of justice forwarded the request by a foreign authority for extradition abroad, or in whose district the person to be extradited to the requesting State was arrested or lives. If the preliminary investigation was opened before delivery of the request for extradition the prosecutor informs about it immediately the ministry of justice.

(2) The goal of a preliminary investigation is to determine whether conditions for the admissibility of extradition are met.

(3) During the extradition proceedings the person whose extradition is sought shall be represented by a defence counsel.

(4) The prosecutor shall hear the person and inform him about the content of the extradition request. He shall serve on the person a copy of the request and the sentence, the international warrant of arrest or any other order on which the request is based.

(5) If the person whose extradition is sought was placed in provisional arrest or in custody pending extradition, his contacts with his defence counsel and attorney, the correspondence in custody and visits in custody shall be governed mutatis mutandis by the regulations relating to the enforcement of custody.

CHAPTER FOUR
TRANSFER OF CRIMINAL PROCEEDINGS

Section 528
Transfer of criminal proceedings from abroad

(1) The Prosecutor General’s Office shall have jurisdiction to take the decision on the request by a foreign authority to take over the criminal proceedings it is conducting. The Prosecutor General´s Office shall inform the ministry of justice accordingly.

(2) If the Prosecutor General’s Office accepts the request under paragraph 1 it shall instruct without delay the competent prosecutor’s office to proceed under the provisions of this Code.

(3) Any procedural act carried out by the authorities of the requesting State in accordance with the law of that State, shall have in the Slovak Republic the same validity as if it had been carried out by the Slovak authorities, provided that its admission does not give this act a greater evidentiary weight than it has in the requesting State.

(4) If the requesting State revokes its request for transfer of criminal proceedings by the reason of continuing the criminal proceedings by itself, Slovak authorities shall loose the jurisdiction to continue in the criminal proceedings.

Section 529
Transfer of criminal proceedings abroad

(1) If the accused in the criminal proceedings carried out in the Slovak Republic is a foreign national or resides in another State, the Slovak authorities may initiate the transfer of the criminal proceedings to that State.

(2) The decision to request the transfer of criminal proceedings abroad shall be taken by the Minister of Justice; in the pre-trial stage s/he decides upon the motion of the Prosecution General Office.

(3) The transfer of the criminal proceedings abroad may be initiated in particular if

a) the extradition of the accused from the requested State is not possible, was not granted or if extradition was not requested for another reason,
b) it seems effective and opportune to carry out the criminal prosecution in the requested State, in particular for the purposes of finding of facts, degree of punishment or the execution of the sentence,
c) if the accused was or shall be extradited to the requested State or if it is likely, for a different reason, that his personal appearance in the criminal proceedings in that State shall be possible,
d) the extradition of the person sentenced to a prison sentence by the Slovak court in a final judgement is not possible or was not granted by the requested State and the enforcement of the sentence in that State is not possible.

(4) After the decision of the requested State to accept the transfer of the criminal proceedings it shall be inadmissible in the territory of the Slovak Republic to continue the criminal prosecution of the accused, or to enforce the sentence imposed for a criminal offence in respect of which criminal proceedings were transferred.

(5) The Slovak authorities may continue the criminal proceedings or order the enforcement of the sentence, if the requested State :

a) declares that it shall not proceed in the matter,
b) subsequently revokes its decision on the transfer of the criminal proceedings, or
c) declares that it shall not continue the proceedings.

RELEVANT ROME STATUTE PROVISIONS

Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
(d) The case is not of sufficient gravity to justify further action by the Court.
2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:
(a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;
(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;
(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.
3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.