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'Conflict with existing fundamental legal principle of general application - consultations with the Court' in document 'Slovakia - Crim Proc Code - Leg Rel Abroad'

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The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER ONE
BASIC PROVISIONS

Section 481
Protection of the State’s interests (Ordre Public)

A request by a foreign authority may not be executed if its execution would by incompatible with the Constitution of the Slovak Republic or a mandatory rule of the law of the Slovak Republic or if by the execution of the request an important protected interest of the Slovak Republic would be violated.

CHAPTER FIVE
INTERNATIONAL LEGAL ASSISTANCE

Division Three
Requests by foreign authorities

Section 537
Manner and form of execution of request

(2) At a request by the foreign authority the assistance may be provided on the basis of the legal provisions of another State, unless the requested procedure is contrary to the interests protected by Article 481.

CHAPTER FIVE
INTERNATIONAL LEGAL ASSISTANCE

Division Three
Requests by foreign authorities

Section 539
Authorisation of assistance by court

(2) If the assistance shall be provided on the basis of foreign legal provisions, the judge shall decide upon a motion by the prosecutor whether the foreign procedure does not conflict with the interests protected by the provisions of Article 481. If he does not find such a conflict he shall authorise the provision of the assistance and shall at the same time decide how the evidence shall be taken. An appeal by the prosecutor, with a postponing effect, shall be admissible against the court’s decision. The decision of the court on contradiction of procedure under foreign provision is not required if it concerns delivery of a document or instruction of a person under foreign provision.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.