Slovakia

Criminal Procedure Code No. 301/2005 Coll. - Part Five: Legal Relations with Abroad

CHAPTER ONE
BASIC PROVISIONS

Section 480
International courts

(1) Procedures under this Chapter shall also be applicable to requests emanating from an international court.

(2) The procedure and the decision-making relating to the surrender of a person to an international court shall be governed mutatis mutandis by the provisions of Section Two of this Chapter on extradition.

(3) The enforcement of the judgement made by an international court in the territory of the Slovak republic shall be governed mutatis mutandis by the provisions of Section Three of this Chapter on recognition and enforcement of foreign decisions.

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.

Section 482
Protection and use of information

(1) The provision of information by the Slovak authorities on their actions taken under this Chapter shall be governed mutatis mutandis by Article 6.

(2) Slovak authorities shall neither make public nor forward information or evidence received from a foreign authority on the basis or in connection with a request received or made under this Chapter, nor shall they use it for purpose other than that for which it was provided or requested if an international treaty contains an obligation to this effect or if the foreign authority provided the information or evidence only under the condition of compliance with such restrictions ; this restriction shall not be applied if the foreign authority gives its consent to making the information or evidence public or to using it for a different purpose.

Section 483
Commencement of procedure

Slovak authorities may start acting under this Chapter on the basis of a request by a foreign authority which was transmitted by facsimile or other electronic means, if they have no doubt about its authenticity and if the matter is urgent. The original of the request must be submitted subsequently within the deadline imposed by the requested authority, unless that authority waives the requirement to submit the original of the request.

Section 484
Communication through Interpol

(1) Incoming or outgoing requests under this Chapter can also be transmitted through the International Criminal Police Organisation (hereinafter referred to as “INTERPOL”), in particular in urgent cases.

(2) Information on the dates and other modalities of surrender or transit of persons or things under section 485 may also be exchanged through INTERPOL.

Section 485
Surrender of persons and things

(1) Person extradited or surrendered from another State on the basis of a request made under this Chapter shall be taken over from the foreign authorities by the police authorities designated by the Minister of Interior. Unless otherwise provided for in this Chapter, the police shall surrender the person to the nearest custody or prison facility, which shall inform the competent court without delay.

(2) Person extradited or surrendered to another State on the basis of a request made under this Chapter shall be taken over from the custody or prison facility by the police authorities designated by the Minister of Interior and surrendered to the foreign authorities.

(3) The transit of a person through the territory of the Slovak Republic under Article 543 shall be carried out by the police authorities designated by the Minister of Interior. During the transit the personal liberty of the transported person shall be limited in order to prevent his escape. Coercive measures provided for in a separate act shall be applicable to the restriction of personal liberty of the person in transit.

(4) The police authorities designated by the Minister of Interior shall also surrender and take over things under Article 550 as well as take over and return things surrendered by another State upon a request by Slovak authorities if it is not possible or opportune to send such things by post, and shall carry out the transit of a thing trough the territory of the Slovak Republic upon a request by foreign authorities.

Section 486
Travel documents

Persons surrendered, on the basis of the provisions of this Chapter, to or by the foreign authorities shall not require either travel documents or a permission or visa to cross the national border.

Section 487
Form of court decision

If in the procedure under this Chapter the decision is taken by the court, it shall be decided in the form of a resolution, unless the provisions of this Chapter provide otherwise.

Section 488
Costs

(1) Costs incurred by the Slovak authority in execution of a request by a foreign authority under this Chapter shall be borne by the State and settled by the authority which incurred them.

(2) If an international treaty allows for reimbursement of costs referred to in paragraph 1 or a part of such costs from the requesting State, or in case of an absence of an international treaty, the authority which incurred the costs shall submit to the Ministry of Justice the enumeration of the costs, their justification and its bank account number in order to obtain the reimbursement from the requesting State.

(3) Costs incurred by the foreign authority in connection with a request made by a Slovak authority, the reimbursement of which is claimed by the requested State under an international treaty or due to its absence, shall be borne by the State and settled by the Slovak authority who initiated the request for assistance. Costs incurred by the foreign authority by effecting the transit of a person or a thing from a third State to the Slovak Republic in connection with a request made by a Slovak authority shall be settled by the Ministry of Interior of the Slovak Republic.

Keywords

National procedures for execution of cooperation request
Cooperation under procedures of national law



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