Examination of witnesses - national proceedings

Slovakia

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

CHAPTER FIVE
INTERNATIONAL LEGAL ASSISTANCE

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.

CHAPTER FIVE
INTERNATIONAL LEGAL ASSISTANCE

Division Three
Requests by foreign authorities

Section 542
Examination under oath

(1) If requested by the foreign authority, witnesses, experts and parties may also be examined under oath ; prior to the oath they must be advised of importance of the statement and of the consequences of perjury.

(2) The wording of the oath for the witnesses and parties shall be the following: “I swear on my honour that I shall say the truth and nothing but the truth and withhold nothing intentionally.”

(3) The wording of the oath for the expert witness shall be the following: “I swear on my honour that I shall give my expert opinion according to my best knowledge and conscience. I declare that I am aware of criminal consequences of false expert opinion.“

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:

(c) The questioning of any person being investigated or prosecuted;