Taking of evidence - national proceedings


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


Division One
Scope of legal assistance

Section 531
Definition of the matter

Procedural acts carried out after the commencement of the criminal proceedings in the Slovak Republic in the territory of another State on the basis of a request by the Slovak authorities or such acts carried out in the territory of the Slovak Republic on the basis of a request by foreign authorities, in particular service of documents, hearing of persons and taking of other evidence, shall be understood as legal assistance.


Division Four
Some special forms of legal assistance

Section 550
Surrender of things

(1) Upon a request by a foreign authority the seizure of a thing and its subsequent surrender abroad can be effected.

(2) The requested authority may postpone the surrender of the seized thing if the Slovak authorities need it in their criminal proceedings.

(3) When surrendering the seized thing the requested authority shall request its return from the foreign authority. It may, however, expressly waive this right or may agree that the thing shall be returned directly to its rightful owner.

(4) These provisions shall be applicable mutatis mutandis to the surrender of a thing seized with the person whose extradition is sought. Such thing shall be surrendered to the foreign authorities, whenever possible, together with the extradited person.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;