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Systém ASPI - stav k 7.10.2011 do čiastky 100/2011 Z.z. - RA182
Obsah a text Trestný poriadok (Code of Criminal Procedure) - posledný stav textu nadobúda úcinnost až od 1.11.2011
301/2005 Coll.
ACT
of 24 May 2005
CODE OF CRIMINAL PROCEDURE
(as amended under Act No. 650/2005 Coll.)
Amendment: 692/2006 Coll.
Amendment: 342/2007 Coll.
Amendment: 643/2007 Coll.
Amendment: 61/2008 Coll.
Amendment: 491/2008 Coll.
Amendment: 498/2008 Coll.
Amendment: 5/2009 Coll.
Amendment: 97/2009 Coll.
Amendment: 59/2009 Coll., 70/2009 Coll.
Amendment: 290/2009 Coll., 291/2009 Coll.
Amendment: 305/2009 Coll.
Amendment: 576/2009 Coll.
Amendment: 93/2010 Coll.
Amendment: 224/2010 Coll., 346/2010 Coll.
Amendment: 547/2010 Coll.
Amendment: 262/2011 Coll.
Amendment: 220/2011 Coll.
Amendment: 220/2011 Coll.
National Council of the Slovak Republic passed a resolution on this Act:
PART ONE
COMMON PROVISIONS
CHAPTER ONE
FUNDAMENTAL PROVISIONS
Section 1
Purpose of the Act
The Code of Criminal Procedure regulates the procedure of the law enforcement authorities and courts so that
criminal offences are properly identified and offenders are fairly punished under the law, while it is necessary to observe the
fundamental rights and freedoms of natural persons and legal entities.
Section 2
Basic Principles of Criminal Procedure
(1) No person shall be prosecuted as an accused other than for legitimate reasons and in a manner stipulated by this
Act.
(2) The fundamental rights and freedoms of persons in cases permitted by law may only be intervened with to the
extent necessary to achieve the purpose of the criminal proceedings, while it is necessary to observe their human dignity and
privacy.
(3) Unless this Act stipulates otherwise, prior to the commencement of the criminal prosecution or during the
preliminary hearing, the intervention into the fundamental rights and freedoms under this Act shall be decided on by the judge
for the preliminary hearing; the judge for the preliminary hearing shall also decide in other cases stipulated in this Act.
(4) A person against whom a criminal proceeding is carried out shall be deemed innocent until the court pronounces
their guilt by a final convicting judgment.
(5) The public prosecutor shall represent the State in the criminal proceedings. Unless this Act or an international
treaty pronounced in a manner set out by law (hereinafter referred to as "international treaty") or a decision of an international
organisation by which the Slovak Republic is bound stipulates otherwise, the public prosecutor is obligated to prosecute all
criminal offences of which they learn.
(6) Unless this Act stipulates otherwise, the law enforcement authorities and courts act ex officio. They are obligated
to handle custodial matters with priority and urgency. The court or law enforcement authorities shall not take the content of
petitions affecting the performance of such obligations into account.
(7) Every person has the right for their criminal case to be heard by an independent and impartial court, fairly and in a
reasonable period in their presence, so that they can comment on all the performed evidence, unless this Act stipulates
otherwise.
(8) No person shall be criminally prosecuted for an act for which they have already been finally convicted or acquitted.
This principle does not exclude the application of exceptional appeals pursuant to the law.
(9) Any person against whom there is a criminal prosecution has the right to a defence counsel.
(10) The law enforcement authorities shall proceed to ascertain the merits of the case, about which there is no
reasonable doubt to the extent necessary for their decision. They shall procure evidence ex officio. The parties to the
proceeding also have the right to procure evidence. The law enforcement authorities shall equally approach the clarification of
the circumstances testifying against the accused as well as the circumstances testifying in their favour, and they shall execute
the evidence in both directions in order to enable the court to reach a fair decision.
(11) The court may also perform evidence that the parties to the proceedings failed to propose. The parties to the
proceedings have the right to provide their proposed evidence.
(12) The law enforcement authorities and the court shall assess the evidence obtained in a lawful manner according
to their inner conviction, based on a careful consideration of all the circumstances of each case individually and as a whole,
regardless of whether it was procured by the court, the law enforcement authorities, or by the parties to the proceeding.
(13) Law enforcement authorities and the court shall cooperate with public interest groups and utilise their educational
activities.
(14) The parties to the proceeding are all equal in proceedings before the court.
(15) A criminal prosecution before the courts is only possible on the basis of a petition or an indictment served by the
public prosecutor who represents the indictment or the petition before the court.
(16) In criminal proceedings before the court, decisions are made by the court, a single judge or a judge for the
preliminary hearing. The presiding judge, a single judge or a judge for the preliminary hearing shall decide alone, unless the law
expressly stipulates otherwise.
(17) Criminal cases shall be heard in public by the court. The public may be excluded from the main trial or the public
hearing only in cases stipulated by this Act. The judgment must always be pronounced publicly.
(18) Proceedings before the court are oral; the exemptions are stipulated by this Act. Evidence shall be governed by
the court, which however shall generally leave the interrogation of the defendant, witnesses, victims, and experts for the parties.
First for the one that proposed or procured the evidence.
(19) When deciding during the main trial, in a public hearing, or in a closed hearing, the court may take into account
only evidence which was performed in such proceeding, unless the law stipulates otherwise.
(20) If the accused, their legal representative, victim, witness, or a party to an action declares that they do not speak
the language in which the proceedings are conducted, then they have the right to an interpreter and a translator.
Section 3
Cooperation of Public Authorities, Legal Entities and Natural Persons
(1) Public authorities, higher territorial units, municipalities and other legal entities and natural persons are obliged to
cooperate with the law enforcement authorities and courts in the performance of their duties relating to the criminal proceedings.
Other legal entities and natural persons who demonstrate material costs thereby incurred shall be covered by the State, unless
a special Act stipulates otherwise. The provisions of Section 553 Subsection 5 and 6 shall be reasonably applicable to the
decision making and the proceedings; such a petition may be submitted by those who incurred the material costs.
(2) Public authorities, higher territorial units, municipalities and other legal entities are obligated to report any facts
indicating the commission of a criminal offence without undue delay and perform requests from the law enforcement authorities
and courts in a timely manner.
(3) The law enforcement authorities and courts are obliged to mutually assist each other in fulfilling their duties arising
under this Act. Documents and information may be served between the law enforcement authorities and courts even in
electronic form.
(4) The provisions of Subsection 1 and 2 shall not affect the obligation to maintain classified information, trade
secrets, banking secrets, tax secrets, postal secrets or telecommunications secrets.
(5) Information subject to trade secrecy, banking secrecy and tax secrecy, or information from the records of
registered securities, may be required by the court prior to the commencement of the criminal prosecution and by the public
prosecutor in the preliminary hearing and, with its prior consent by the police officer, in the proceedings before the court by the
presiding judge.
Cooperation with Public Interest Groups and a Trustworthy Person
Section 4
(1) Law enforcement authorities and the court, in the interest of the educational effect of the criminal proceedings to
stop and prevent the criminal activity, may, if they deem it necessary and appropriate, cooperate with public interest groups.
(2) For the purposes of this Act, public interest groups shall, in particular, mean civic associations, trade unions, team
of cooperatives and State recognised churches and religious societies; public interest groups shall not be political parties or
movements.
(3) A trustworthy person is a person who is able to positively influence the behaviour of the accused. The credibility of
such person shall be assessed by the court and, in the preliminary hearing, by the public prosecutor.
(4) A public interest group may offer to assume a guarantee for the reformation of the accused, if it may be expected
that the accused could be reformed under its influence; the petition to assume a guarantee must also include the specific
manner for influencing the accused. The court, which receives such petition, may try the matter during the main trial before the
representatives of the public interest group, and if it decides to accept the guarantee, it shall take it into account when deciding
on the punishment. It may, especially when the Penal Code allows it, authorise the conditional deferral of the execution of
punishment or impose a kind of punishment that is not associated with the prison sentence, or it may waive the punishment.
(5) Public interest groups have the right to send a representative for the hearing of the case before the District Court
or County Court, who shall take part in the proceedings based on the decision of the court, where they shall notify the court of
the opinion of the public interest group on the criminal case, on the offender, and the possibilities of their reformation.
Section 5
(1) A public interest group or a trustworthy person may propose to assume a guarantee for the completion of the
reformation of the convicted person and to request their conditional release from serving a prison sentence, or a conditional
waiver from the remaining term of the punishment by disqualification or punishment by prohibition of residence; the petition to
assume a guarantee must also include the specific manner for influencing the accused. To obtain the basis for such a request,
they may inform on the status of the reformation of the convicted.
(2) A public interest group or a trustworthy person may also propose that the custody of the convicted person is
substituted by their guarantee, and file a request for a pardon or an effacement of the conviction on behalf of the convicted
person.
(3) The public interest group or a trustworthy person that assumes the guarantee for the reformation of the accused or
convicted person is required to influence the person for whom they have assumed a guarantee.
Section 6
Providing Information on Criminal Proceedings
(1) The law enforcement authorities and the court shall inform the public on the criminal proceedings under this Act by
providing information to the media. However, such information must observe the protection of classified information, trade
secrecy, banking secrecy, tax secrecy, postal secrecy, and telecommunications secrecy.
(2) When providing information, the law enforcement authorities and the court are entitled to conceal such facts that
might obstruct or hinder the clarification and investigation of the case. At the same time, they are obligated to observe the
principle of presumption of innocence; they shall observe that protected personal information or facts of a private nature,
especially on family life, home and correspondence, directly not related to the criminal activity are not disclosed. In particular,
they shall observe the interests of minors, juveniles and victims that their personal information shall not be disclosed.
(3) In proceedings before the court, the extent of the disclosed information results from the principle of publicity.
During the court proceedings, the preparation of written notes or drawings may not be prohibited unless such activity interrupts
the course of the proceedings.
(4) If the provision of information violates or endangers the interests referred to in Subsection 1 or 2, the law
enforcement authorities and the court shall refuse to provide information.
(5) If the law enforcement authorities provide information from the criminal proceedings to EU Member State
authorities who are authorised based on their national law to prevent and detect criminal activity, to identify offenders of criminal
offences, and to investigate criminal offences, to exercise their powers and to take enforcement measures in relation to such
acts under a special regulation, Subsection 1, 2 and 4 shall apply accordingly.
Section 7
Assessment of Preliminary Issues
(1) The law enforcement authorities and the court shall consider the preliminary issues that arise in the proceeding
individually; if there is a final decision of a court, the Constitutional Court of the Slovak Republic (hereinafter referred to as
“Constitutional Court”), the Court of Justice of the European Union or another public authority, the law enforcement authorities
and the court are bound by such decision, unless it is about the guilty verdict of the convicted person.
(2) The law enforcement authorities and the court are not entitled to independently resolve the preliminary issues
relating to their personal status which is being decided on in another court proceeding. If such an issue has not yet been
decided, the law enforcement authorities and the court are obliged to wait for the issue of the decision.
(3) The issues which are decided on by the Court of Justice of the European Union may not be considered as
preliminary issues.
Section 8
Persons Excluded from the Competency of the Law Enforcement Authorities and the Court
(1) Persons who exercise their immunity and privileges under the law or international law shall be exempt from the
competencies of the law enforcement authorities and the court.
(2) The consent of the National Council of the Slovak Republic shall be required to prosecute a Member of the
National Council of the Slovak Republic. The consent of the Constitutional Court shall be required to prosecute a judge, a judge
of the Constitutional Court, and the Attorney General of the Slovak Republic (hereinafter “Attorney General”).
(3) Should any doubt arise as to whether a person may be excluded from the competencies of the law enforcement
authorities and the court, the law enforcement authority or the court shall request an opinion from the Ministry of Justice of the
Slovak Republic (hereinafter “the Ministry of Justice”). In the case of foreign nationals, the Ministry of Justice shall send an
opinion after receiving an opinion from the Ministry of Foreign Affairs of the Slovak Republic.
Section 9
Inadmissibility of the Criminal Prosecution
(1) A criminal prosecution may not commence and, if it has already commenced, it may not continue and must be
terminated,
a) if the criminal prosecution is statute-barred,
b) if such prosecution concerns a person who is exempt from the competencies of the law enforcement authorities and the
court, or a person whose prosecution requires a consent if such consent was not awarded by the entitled authorities,
c) if it concerns a person who is under the age of criminal responsibility,
d) if it is against a person who has died or has been declared deceased,
e) if it concerns a person against whom an earlier prosecution for the same act was completed by a final judgment of the court
or which was finally terminated, conditionally suspended and the accused has proven themselves competent, or it was
completed by the approval of a settlement and the termination of the criminal prosecution if the decision was not terminated
within the prescribed proceeding,
f) if the criminal prosecution is subject to the consent of the victim and such consent was not given or was withdrawn, or
g) if it is stipulated by an international treaty.
(2) If the reason referred to in Subsection 1 relates only to certain partial attacks of the continued criminal offence, it
does not prevent the enforcement of the criminal prosecution for the remaining part of such acts.
(3) A criminal prosecution that was terminated for the reasons referred to in Subsection 1 Paragraph a) will
nevertheless continue if the accused declares, within three days of the date when they were notified of the resolution to
terminate the criminal prosecution, that they wish the trial to continue. The accused must be instructed on this.
(4) A criminal prosecution that was terminated for reasons referred to in Subsection 1 Paragraph b) shall continue
after the expiry of the mandate of the Member of the National Council of the Slovak Republic, the function of the judge of the
Constitutional Court, the function of the judge, and the function of the Attorney General under the terms referred to in Section
215 Subsection 8.
Section 10
Interpretation of Certain Terms
(1) The law enforcement authorities are the public prosecutor and the police officer.
(2) Justice is exercised by independent and impartial courts, in all instances separately from other public authorities
through a judge for the preliminary hearing, a single judge, a presiding judge, the court or in cases set out by law also by higher
court officials, probation and mediation officers and court secretaries.
(3) The judge for the preliminary hearing is a judge of the court of first instance, who is authorised by the work
schedule of the court to decide on
a) interventions into fundamental rights and freedoms before the commencement of the criminal prosecution and in the
preliminary hearing,
b) complaints against the decisions of the criminal prosecutor, if it is stipulated in this Act,
c) in other cases set out by this Act.
(4) For the purposes of this Act, a court means a District Court, County Court, Specialised Criminal Court and the
Supreme Court of the Slovak Republic (hereinafter referred to as “the Supreme Court”).
(5) For the purposes of this Act, a county court also means a Specialised Criminal Court, unless this Act stipulates
otherwise; the Supreme Court and the county courts are the court of appeals.
(6) For the purposes of this Act, a presiding judge also means a single judge, unless the provisions of this Act
stipulate otherwise.
(7) For the purposes of this Act, a county prosecutor also means a public prosecutor of the Special Prosecution Office
if it concerns cases falling under its jurisdiction, unless this Act stipulates otherwise.
(8) For the purposes of this Act, a police officer means
a) a Police Force investigator,
b) a Customs Administration investigator, if it concerns criminal offences committed in connection with the violation of customs
regulations or tax regulations within the jurisdiction of the customs administration,
c) an authorised member of the Police Force,
d) an authorised member of the Military Police, in proceedings on criminal offences of a member of the Armed Forces,
e) an authorised member of the Corps of Prison and Court Guard, in proceedings on criminal offences of the members of the
Corps of Prison and Court Guard, and also of its employees in the facilities of the Corps of Prison and Court Guard, and on
criminal offences of persons serving a prison sentence or in custody,
f) authorised customs authorities, if it concerns criminal offences committed in connection with the violation of customs
regulations or tax regulations within the jurisdiction of such customs administration,
g) the captain of a sea vessel, in proceedings on criminal offences committed on board such vessel.
(9) For the purposes of this Act, a police officer, within the extent of the authority to acts of an investigation, also
means a representative of a competent authority of another State, an authority of the European Union, or an authority jointly
established by the Member States of the European Union, which is assigned in the joint investigation team formed on the basis
of an agreement. A joint investigation team may be particularly established if the investigation of a criminal offence also requires
the execution of complex operations in another State or an investigation of a criminal offence is conducted by several States,
while the circumstances of the case require a coordinated and joint procedure. The head of the joint investigation team is
always a representative of a law enforcement authority of the Slovak Republic; other terms of the activity of the joint
investigation team shall be governed by an agreement on its formation. The Attorney General’s Office of the Slovak Republic
(hereinafter referred to as “Attorney General’s Office”) is the authority authorised to conclude an agreement on the
establishment of a joint investigation team after prior discussion with the Minister of Justice of the Slovak Republic (hereinafter
referred to as “Minister of Justice”).
(10) For the purposes of this Act, a police officer also means a member of the Police Force, who is not an investigator
of the Police Force or an authorised member of the Police Force referred to in Subsection 8 Paragraphs a) and c) within the
scope of generally binding legal regulations issued by the Ministry of Interior of the Slovak Republic for the enforcement of
decisions, measures and acts of the criminal proceedings in an investigation or in a reduced investigation.
(11) The subject of the criminal proceedings is anyone who has an effect on or affects the course of the proceedings
and to whom this Act recognises certain procedural rights or imposes obligations. In proceedings before the court, a party
means anyone against whom a criminal proceeding is performed, a victim, party to an action, and also the public prosecutor; the
representative of a civic association, trustworthy person or another person, upon whose petition or request the proceeding is
being conducted and who filed an appeal, has the same status as the party to the proceedings, and in proceedings against a
juvenile, a body for the social and legal protection of children and social curatorship also has the same status. If this Act uses
the term party to the proceeding, in the pre-court proceedings it also means a subject of the criminal proceedings, unless the
individual provisions indicate otherwise.
(12) Unless the nature of the case indicates otherwise, the accused shall also mean the defendant and the convicted
person.
(13) After the order of the main trial, the accused shall be referred to as the defendant.
(14) A convicted person is a person against whom a convicting judgment was issued, which then became valid.
(15) The criminal proceeding means a procedure under this Act, the criminal prosecution stages of the proceedings
from the commencement of the criminal prosecution until the validity of the judgment or another decision of the law enforcement
authority or a court in the case itself, and a preliminary hearing means a stage of the proceedings from the commencement of
the criminal prosecution until the submission of the indictment, the petition for the approval of an agreement on recognition of
guilt and the assumption of punishment (hereinafter referred to as the “agreement on guilt and punishment”), or the validity of
the decision of a law enforcement authority in the case itself.
(16) An act also means a partial attack of a continued criminal offence, unless it is expressly stipulated otherwise.
(17) An urgent action is such an act that given the risk of obstruct or destruction will not tolerate a postponement in its
execution until the criminal prosecution begins, in regards to the purpose of the criminal proceedings.
(18) A non-recurring action is such an act that cannot be executed in another proceeding.
(19) Measures are informal oral or written decisions of a technical, organisational or operational nature.
(20) An agent is a member of the Police Force or a member of the police of another State who, based on the order of
the public prosecutor or a court, contributes to the detection, identification and conviction of the offenders of a crime, the
criminal offences referred to in Chapter Eight Division III of a separate part of the Penal Code (hereinafter referred to as
“corruption”), a criminal offence of abuse of authority of a public official, and money laundering. In detecting, identifying and
convicting offenders of corruption, an agent may also be a person other than a member of the Police Force appointed by a
public prosecutor upon the petition of a police officer or a member of the Police Force authorised by the Minister of Interior of
the Slovak Republic (hereinafter referred to as “Minister of Interior”).
(21) For the purposes of this Act, information and technical resources mean electro-technical, radio-technical, phototechnical, optical, mechanical, chemical and other technical resources and devices or their files used in a classified manner
during an interception and recording operation in electronic communications networks (hereinafter referred to as “interception
and recording of telecommunications service”), video, audio or audiovisual recordings or, during a search, opening and
examination of the consignments, provided their use results in an interference with fundamental human rights and freedoms.
Special regulations apply to the processing of information obtained using information technical resources, their records,
documentation, storage and exclusion unless this Act stipulates otherwise. The operators of public telephone networks,
providers of electronic telecommunications networks, providers of electronic telecommunications services, postal enterprises,
carriers and other shippers and their employees are obliged to provide the necessary cooperation in using information technical
resources; at the same time they may not claim the obligation of confidentiality under special Acts.
(22) For the purposes of this Act, the means of operative-search activities means the controlled delivery, substitution
of the contents of consignments, an agent, sham transfer, or monitoring of people and items.
(23) For the purposes of this Act, an organisation for the assistance of the victims means a non-governmental
organisation established under a special Act that provides free assistance to the victims.
CHAPTER TWO
THE COURT AND PERSONS INVOLVED IN THE PROCEEDINGS
Division I
Competency and Jurisdiction of the Courts
Section 11
Enforcement of Criminal Justice
The system of courts which execute justice in criminal matters shall be provided for by a special Act.
Heading Repealed from 1 April 2009
Section 12
Repealed from 1 April 2009
Section 13
Repealed from 1 April 2009
Section 14
Heading Repealed from 17 July 2009
The competence of a Specialised Criminal Court refers to
a) a criminal offence of premeditated murder,
b) a criminal offence of machinations in public procurement and public auction under Section 266 Subsection 3 of the Penal
Code,
c) a criminal offence of counterfeiting, alteration and illegal production of money and securities under Section 270 Subsection 4
of the Penal Code,
d) a criminal offence of the abuse of authority of a public official under Section 326 Subsection 3 and 4 of the Penal Code in
conjunction with the criminal offences under Paragraphs b), c), e), f), g), h), k) or l),
e) a criminal offence of accepting a bribe under Section 328 through 331 of the Penal Code,
f) a criminal offence of bribery under Section 332 through 335 of the Penal Code,
g) a criminal offence of indirect bribery under Section 336 of the Penal Code,
h) a criminal offence of electoral fraud under Section 336a of the Penal Code,
i) a criminal offence of establishing, plotting and supporting a criminal group and a criminal offence of establishing, plotting and
supporting a terrorist group,
j) a particularly serious crime committed by a criminal group or a terrorist group,
k) a criminal offence against assets under Chapter Four of the separate part of the Penal Code or a criminal offence under
Chapter Five of a separate part of the Penal Code, if the commission of such a criminal offence caused damage or a benefit
was obtained reaching at least twenty-five thousand times the minor damage under the Penal Code or if such an act was
committed to the extent that reaches the value of at least twenty-five thousand times the minor damage under the Penal Code,
l) a criminal offence of damaging the financial interests of the European Communities,
m) a criminal offence relating to the criminal offences referred to in Paragraphs a) through k) or l), if the terms for the joint action
are satisfied.
Material Jurisdiction
Section 15
Unless this Act stipulates otherwise, the proceeding in the first instance shall be conducted by the District Court.
Section 16
(1) The District Court in the registered office of the County Court performs proceedings in the first instance
a) on particularly serious crimes for which the law provides a prison sentence with the lower limit of criminal penalty of at least
twelve years, or
b) if an act was committed by an organised group, criminal group or terrorist group.
(2) The District Court referred to in a special Act in the first instance and County Court referred to in a special Act in
the second instance perform proceedings on criminal offences
a) of soldiers under Section 128 Subsection 3 Paragraphs a), b) and d) of the Penal Code; this does not apply to the criminal
offences referred to in Section 14,
b) of war treason, service in a foreign army, and the failure to commence service in the Armed Forces.
(3) The courts referred to in Subsection 2 perform proceedings on accomplices and accessories to a criminal offence.
(4) Subsection 2 and 3 do not exclude the jurisdiction referred to in Section 15 and in Subsection 1.
(5) The provisions of Subsection 1 through 4 shall not apply to criminal offences falling within the jurisdiction of the
Specialised Criminal Court. A Specialised Criminal Court performs proceedings on criminal offences within its capacity in the
first instance.
Section 17
Local Jurisdiction
(1) The court in whose jurisdiction the criminal offence was committed is responsible for the performance of
proceedings.
(2) For proceedings on the criminal offences referred to in Section 16 Subsection 1, the jurisdiction of the District
Court within the registered office of the County Court means the jurisdiction of such County Court.
(3) If the crime scene cannot be found or the act was committed abroad, the proceedings are performed by the court
in whose jurisdiction the accused lives, works or resides; if such places cannot be identified or are outside the Slovak Republic,
the proceedings are performed by the court in whose jurisdiction the act was uncovered.
Joint Proceedings
Section 18
(1) A joint proceeding may be performed for all criminal offences of the same accused and against all accused
persons whose criminal offences are mutually related, if it is not likely to prevent the termination of the case within a reasonable
deadline.
(2) Joint proceedings on a criminal offence, which should be performed by a single judge, and proceedings on a
criminal offence, which should be performed by a court, shall be held by the court.
(3) If the person, who is subject to the competency of the courts under Section 16 Subsection 2, is concurrently being
prosecuted for a criminal offence which is materially related to a criminal offence which is subject to the competency of the
courts under Section 16 Subsection 2, the court shall try the matter and also decide on the related criminal offence under
Section 16 Subsection 2.
(4) If a person, who is subject to the powers of the District Court, is being concurrently prosecuted for another criminal
offence which is materially related to a criminal offence which is subject to the powers of a Specialised Criminal Court, the
Specialised Criminal Court shall try the matter and decide upon it, provided it is a related criminal offence. Otherwise, the
provisions of Subsection 1 shall not apply to the relationship between the District Court on one side and a Specialised Criminal
Court on the other side.
(5) The provisions on joint proceedings against several accused shall not apply if the circumstances of the case and
the status of the accused only allow the performance of the proceeding on an agreement on guilt and punishment with some of
them.
Section 19
(1) Joint proceedings shall be performed by the District Court at the registered office of the County Court, if it has the
jurisdiction to perform proceedings on at least one of the criminal offences under Section 16 Subsection 1. However, if just one
of the criminal offences falls within the jurisdiction of the Specialised Criminal Court, the joint proceeding is performed by the
Specialised Criminal Court.
(2) Joint proceedings shall be performed by the court which has the jurisdiction to perform the proceeding against an
offender of a crime or the proceedings on the most severe crime.
Section 20
Jurisdiction of Several Courts
If under the preceding provisions, jurisdiction is given to several courts, proceedings shall be performed by the court
in which the public prosecutor filed an indictment or in which the case was referred to by a court without jurisdiction.
Section 21
Exclusion and Joinder
(1) In order to advance the proceedings or for other important reasons, the proceeding on a certain criminal offence or
against any of the accused may be excluded from the joint proceedings.
(2) The jurisdiction of the court which excluded the case shall not change; however, if
a) the District Court at the registered office of the County Court excludes a case which would otherwise be performed by
another District Court, it may refer it to such court,
b) a Specialised Criminal Court excludes the case which would otherwise be performed by a District Court or a County Court, it
may refer it to such court.
(3) If the terms for joint proceedings exist, the court may join the joint proceedings and co-decide the cases where
separate indictments were made.
Section 22
Conflicts of Jurisdiction
(1) Conflicts of jurisdiction among the courts shall be decided by their closest common higher court.
(2) The closest common higher court of the District Court or County Court on one side, and the Specialised Criminal
Court on the other side, is the Supreme Court.
Section 23
Withdrawal and Ordering of the Case
(1) A case may be withdrawn from the competent court and ordered to another court of the same type and degree for
important reasons; the court, which is the closest common higher court to both courts, shall decide on the withdrawal or order.
(2) If the court referred to in Subsection 1 is a Specialized Criminal Court, another court of the same type and degree
means a County Court under a special regulation.
(3) The petition of the party for the withdrawal or order of the case shall not prevent the execution of the ordered
action of the criminal proceedings if the court believes that the petition does not contain an important reason under Subsection
1. The petition of the party to the proceedings, which is based on the same reasons for which it has already been decided, shall
not be executed.
Section 24
Jurisdiction of the Court for Actions before the Commencement of the Criminal Prosecution and in the
Preliminary Hearings
(1) The court which had jurisdiction for the proceedings on the indictment shall perform the actions before the
commencement of the criminal prosecution or in the preliminary hearing; if there are more such courts, the acts shall be
performed by the court, the jurisdiction of which the public prosecutor who filed the relevant petition is active in.
(2) In the matters referred to in Section 16 Subsection 1, the district court in the registered office of the county court,
which had jurisdiction for the proceedings on an indictment, has the jurisdiction for the performance of the acts before the
commencement of the criminal prosecution or during the preliminary hearing; if there are more such courts, the acts shall be
performed by the court, the jurisdiction of which the public prosecutor who filed the relevant petition is active in.
(3) In the matters referred to in Section 16 Subsection 5, the Specialised Criminal Court has the jurisdiction to perform
actions before the commencement of the criminal prosecution or in the preliminary hearing.
(4) Before the commencement of the criminal prosecution or in the preliminary hearing, the court with the jurisdiction
to issue the order to surveille persons and items under Section 113 Subsection 4, the order for the creation of video, audio or
audiovisual recordings under Section 114, the order for the interception and recording of telecommunications operation under
Section 115 or Section 116 and the order for the use of an agent under Section 117, is the District Court at the registered office
of the County Court, the jurisdiction of which is the court that had the jurisdiction for the proceedings on an indictment is located
in, and a Specialised Criminal Court if it is about matters falling within its competence; if there are more such courts, the acts
shall be performed by the court the jurisdiction of which the public prosecutor who filed the relevant petition is active in. In
regards to the matters referred to in Section 16 Subsection 2, the District Court which would be competent to act on the
indictment has jurisdiction.
Division II
Auxiliaries
Section 25
Probation and Mediation Officer
(1) A probation and mediation officer fulfils the tasks of probation and mediation imposed by the court or another
relevant authority and other tasks set out in this Act or in a special Act.
(2) If the probation fails to fulfil the purpose which was provided by the decision of the court or another competent
authority, the probation and mediation officer shall submit a notion to the court for the enforcement of a prison sentence, or they
shall submit a notion for the continuation of the criminal prosecution against a person for whom it was decided on the conditional
suspension of the criminal prosecution.
Section 26
High Court Clerk, Court Secretary and Assistant Prosecutor
(1) In criminal proceedings, the High Court clerk fulfils tasks under this Act and a special Act. A High Court clerk may
issue a decision or perform other actions in criminal proceedings, if this Act or a special Act stipulates it.
(2) In criminal proceedings, the court secretary fulfils tasks under this Act and a special Act. The court secretary may
perform actions in criminal proceedings, if this Act or a special Act stipulates it.
(3) In criminal proceedings, the assistant prosecutor fulfils tasks under this Act and a special Act. The assistant
prosecutor may issue a decision or perform other actions in the criminal proceedings, if this Act or a special Act stipulates it.
Section 27
Court Reporter
The official transcript of the actions of the law enforcement authorities and the court is performed by a sworn court
reporter. If a court reporter was not invited, the transcript is recorded by the person performing the action. For the purposes of
this Act, a court reporter shall also mean a technical assistant.
Interpreter and Translator
Section 28
(1) If it is necessary to translate the contents of the testimony or if the person referred to in Section 2 Subsection 20
declares that they do not understand the language in which proceedings are held or that they do not speak the language, an
interpreter shall be invited by a measure. An interpreter may exceptionally also be the court reporter.
(2) If a person referred to in Section 2 Subsection 20 selects a language for which there is no interpreter in the list of
registered interpreters, or if the matter is urgent and the registered interpreters are unreachable, the law enforcement authority
or a court shall invite an interpreter for the official language of the State which such person understands.
(3) If it is necessary to translate the transcript on the testimony or another document, a translator shall be invited by a
measure. The provisions of Subsection 2 shall apply accordingly.
Section 29
(1) Special regulations apply to the appointment of an interpreter or a translator, their competence for such function
and their exclusion from it, on the right to deny the performance of the translation or interpreting, to the oath and reminder of the
obligations prior to the interpreting or translation, as well as on the reimbursement of expenses and remuneration for the
interpreting and translation.
(2) The amount of compensation and remuneration of an interpreter and a translator shall be determined by the
authority that invited the interpreter or translator and, in the proceedings before the court, by the presiding judge. If such
authority or the presiding judge disagrees with the amount of reimbursement of expenses and remuneration charges for the
interpreter or a translator, they shall decide on the amount by a resolution. A complaint against such decision which has a
suspensive effect is admissible.
Section 30
Bystander and Helper
(1) A bystander shall be invited for the performance of an action where the law stipulates it. A bystander has the right
to the compensation of the necessary expenses and lost wages or other demonstrable loss of income. The claim expires if the
bystander fails to apply for it within three days after their participation in an action, or after it was announced that the action will
not occur; the bystander must be instructed on this.
(2) A bystander is a person with a legal capacity for whom there are no doubts about their impartiality in relation to the
heard matter, or persons whom the act directly concerns in relation to their defence counsel, legal representatives and proxies,
or law enforcement authority, or even the court.
(3) Helpers may be taken on to carry out recognition, reconstruction, investigative trials, examination of the testimony
on-site, and other actions related to an inspection. A helper is entitled to compensation of the necessary expenses and lost
wages or other demonstrable loss of income. The claim expires if a helper fails to apply for it within three days after their
participation in an action, or after it was announced that the action will not occur; the helper must be instructed on this.
(4) The necessary expenses referred to in Subsection 1 and 3 means travel expenses, subsistence and lodging.
Division III
Exclusion of Law Enforcement Authorities, Courts and other Persons
Section 31
(1) The judge or an associate judge (hereinafter referred to as “associate”), public prosecutor, police officer, probation
and mediation officer, high court clerk, court secretary, assistant prosecutor and court reporter, for whom there may be doubts
about impartiality due to their relationship with the case or persons who are directly related to it, to the defence counsel, legal
representatives or proxies, or due to their relationship to another law enforcement authority, shall be excluded from the
performance of the criminal proceedings.
(2) The judge, associate, probation and mediation officer, high court clerk and court secretary shall be excluded from
the performance of the criminal proceedings if they acted in the case as a public prosecutor, police officer, social representative,
defence counsel, proxy of the party to an action or a victim, representative of the victim, or a joint representative of the victims.
(3) In addition to the exclusion under Subsection 2, a judge, associate, probation and mediation officer, high court
clerk and court secretary who participated in the decision making in the court of a lower instance, shall also be excluded from
the decision making at the court of a higher instance and vice versa. Whoever took part in the decision making as a judge or an
associate of the court of another instance shall also be excluded from the decision making on an appellate review. The public
prosecutor who issued the contested decision or gave their consent or an order for it shall be excluded from the decision making
on a complaint to the higher authority.
(4) A party is obligated to raise an objection of prejudice without undue delay immediately after they become aware of
the reasons for the exclusion. An action performed by an excluded person may not be the basis for a decision in the criminal
proceedings, with the exception of an urgent or non-recurring action.
Section 32
(1) If, for the reasons referred to in Section 31 Subsection 1, the judge or the associate declare their prejudice, the
superior court shall decide on the exclusion. Another court of the court of appeals or court of appellate review shall decide on
the exclusion of the judge of the court of appeals or court of appellate review. The presiding judge of the higher court shall
decide on the exclusion of the judge for the preliminary hearing. If a judge or an associate is excluded for the reasons referred
to in Section 31 Subsection 2 or 3, they shall be replaced by another judge appointed for the representation in the work
schedule; an associate shall be replaced by another associate pursuant to an order from the presiding judge. If, for the reasons
referred to in Section 31 Subsection 1, the probation and mediation officer, high court clerk, the court secretary or assistant
prosecutor declare their prejudice or if such auxiliary person is excluded for the reasons referred to in Section 31 Subsection 2
or 3, or if for the reasons referred to in Section 31, a party to the proceedings raises an objection against the prejudice of such
person, the presiding judge or, in the preliminary hearing, the public prosecutor in whose matter such person is active shall
decide on the exclusion. If for the reasons referred to in Section 31 Subsection 1, the public prosecutor declares their prejudice,
the immediately superior public prosecutor shall decide on the exclusion. If, for the reasons referred to in Section 31 Subsection
1, a police officer declares their prejudice, the immediate superior of such police officer shall decide on the exclusion; a
complaint against such resolution is not admissible.
(2) If, for the reasons referred to in Section 31, a court reporter declares their prejudice or a party raises an objection
about their prejudice, the authority who invited them for the recording of the transcript and, in proceedings before the court, the
presiding judge shall decide on the exclusion.
(3) The exclusion for the reasons referred to in Section 31 shall be decided by the authority which such reasons are
related to, based on an objection raised by any of the parties to the proceedings in cases other than those referred to in
Subsection 2. The court shall decide on the exclusion of a judge or an associate who decide in such court.
(4) A complaint against the decision under Subsection 2 and 3 is admissible. After its submission, only the ordered
actions of the criminal proceedings shall be performed, with the exception of the decision making in the matter itself and an
action which could threaten the purpose of the criminal proceedings if it is not carried out. If the outcome of such action is a
resolution and a complaint against such resolution is admissible, it is understood that the party filed a complaint in addition to a
complaint against a decision referred to in Subsection 2 or 3; only both complaints may be withdrawn together. The complaint
against the resolution, which is the result of an action, shall be decided after a decision on the complaint against the decision
under Subsection 2 or 3.
(5) The complaint against the decision referred to in Subsection 2 and 3, shall be decided by
a) an immediately superior police officer, if it is a decision of the police officer,
b) an immediately superior public prosecutor, if it is a decision of the public prosecutor,
c) a superior court in the court, if it is a decision of a single judge, a presiding judge, the court of first instance, or a judge for the
preliminary hearing, or
d) another court of the court of appeals, the court of appellate review, or a superior court proceeding on a complaint against the
decision of a judge for the preliminary hearing, if it is a decision of the court of appeals, the court of appellate review or the court
of a superior court.
(6) The objection of the prejudice of a party, which is based on the same reasons for which it has already been
decided on or that has not been raised without undue delay under Section 31 Subsection 4, or if the reason for the objection is
only a procedural procedure of the law enforcement authorities or of the court in the proceedings, shall not be performed; the
same shall apply to an objection, which is based on reasons other than the reasons under Section 31.
Division IV
Accused Person
Section 33
Accused Person
The person who is suspected of having committed a criminal offence may be deemed accused, and the means set
out by this Act may be used against them only if an accusation was raised against them.
Section 34
Rights and Obligations of the Accused Person
(1) From the commencement of the proceedings against them, the accused has the right to comment on all the facts
that found them guilty, as well as on the proposed evidence, however they also have the right to refuse to testify. They may
present circumstances, propose, present and procure evidence in their defence, file petitions and submit requests and appeals.
They have the right to choose a defence counsel and consult them even during actions performed by the law enforcement
authority or the court. However, they may not consult their defence counsel on how to answer given questions once the hearing
has commenced. They may request to be interrogated in the presence of their defence counsel, and that their defence counsel
is also present during other actions of the preliminary hearing. If the accused is detained, in custody or serving a prison
sentence, they may consult their defence counsel without the presence of a third party; however, this shall not apply for a
telephone conversation between the accused and the defence counsel during custody that has the terms and the method of
execution set out in a special regulation. They have the right to interrogate witnesses in the proceedings before the court, either
who they proposed themselves or were proposed by their defence counsel with their consent, and ask the witnesses questions.
The accused may exercise their rights alone or through a defence counsel.
(2) The accused may perform all the evidence that they are familiar with and which performance they proposed,
already at the beginning of the proceedings before the court of the first instance. If the accused files a petition for the
performance of the evidence after the indictment was filed, but before the commencement of the proceedings before the court of
the first instance, the court is obliged to serve such petition to the public prosecutor and the victim without undue delay.
(3) If the accused does not have sufficient funds to pay the costs of the defence, they are entitled to a free defence or
a defence at a reduced fee; the accused must demonstrate the entitlement to a free defence or a defence at a reduced fee no
later than during the decision making on the reimbursement of the costs of the criminal proceedings and if it concerns the
appointment of a defence counsel under Section 40 Subsection 2, no later than within 30 days after the measure on the
appointment of the defence counsel was served.
(4) The law enforcement authorities and the court are always obligated to instruct the accused on their rights,
including the importance of confession, and provide them with the full opportunity to exercise such rights.
(5) At the beginning of the first interrogation, the accused is obligated to state their address where the documentation
shall be served, including documentation intended for delivery into their own hands as well as the method of serving with the
fact that if they changed such address or method of serving, they must notify the competent authority of such fact without undue
delay; the law enforcement authority or the court must instruct the accused on the serving and the consequences associated
with it.
Section 35
The Legal Representative of the Accused
(1) The legal representative of the accused, who is denied legal capacity or whose legal capacity is restricted, is
entitled to represent the accused person, in particular to choose their defence counsel, put forward petitions on their behalf,
submit a request and appeal for the accused; the legal representative is also entitled to participate to those acts which the
accused may participate in under the law. The legal representative can exercise these rights for the benefit of the accused
person even against their will.
(2) In cases where the legal representative of the accused cannot exercise the rights referred to in Subsection 1 or is
in danger of default, in the preliminary hearing the judge for the preliminary hearing upon the petition of the public prosecutor,
and in the proceedings before the court the presiding judge even without a petition, may appoint a guardian in order to exercise
these rights for the accused. A complaint against the decision on the appointment of a guardian is admissible.
Division V
Defence Counsel
Section 36
Defence Counsel
(1) The defence counsel can only be an attorney.
(2) The defence counsel may be represented by an articled clerk for the purpose of individual acts of the criminal
proceedings, if the accused agrees with it
a) in the preliminary hearing, if it is a proceeding on an offence and crime with the exception of a particularly serious crime,
b) in the proceeding before the court, if it is a proceeding on an offence.
(3) The defence counsel cannot be an attorney if they were invited as an expert, interpreter or a translator, or if they
were in the position of a witness in the case. The defence counsel may not be interrogated as a witness on the facts which they
learned during the performance of the defence.
(4) The accused is responsible for the timely selection of the defence counsel as well as for the timely submission of
the request for the appointment of a defence counsel under Section 40 Subsection 2; in the event of a change of defence
counsel, the selection or appointment of the defence counsel under Section 40 Subsection 2 shall not be a reason for changing
the date of executing the ordered action of the criminal proceedings.
(5) The effects of representation performed by the defence counsel shall take effect at the moment the power of
attorney or the measure on the appointment of the defence counsel is served to the acting law enforcement authority or the
court.
Necessary Defence
Section 37
(1) The accused must have a defence counsel during the preliminary hearing after an accusation was raised, if
a) they are in custody, are serving a prison sentence, or are under observation in a medical facility,
b) they are denied their legal capacity or if their legal capacity is restricted,
c) it is a proceeding on a particularly serious crime,
d) it is a proceeding against a juvenile,
e) it is a proceeding against a fugitive.
(2) The accused must also have a defence counsel if the court and, in the preliminary hearing, the public prosecutor
or a police officer deems it necessary mainly if there is any doubt about their capacity to properly defend themselves.
(3) The accused must also have a defence counsel in proceedings for extradition to a foreign State and in
proceedings when a decision is made on the imposition of protective treatment, with the exception of treatment for alcoholism or
drug addiction.
(4) In regards to a case referred to in Subsection 1 Paragraph c), the accused may waive their right to the necessary
defence by an express declaration after the initial meeting with the defence counsel. This declaration may be withdrawn. An act
performed after an express declaration on the waiver of rights to the necessary defence until its withdrawal does not need to be
repeated.
Section 38
(1) In enforcement proceedings in which a court decides in a public hearing, the convicted must have a defence
counsel, if
a) they are denied their legal capacity or if their legal capacity is restricted,
b) it is the conditional release from the serving of a prison sentence of a juvenile, who has not reached eighteen years of age at
the time of the public hearing,
c) they are in custody, or
d) there is any doubt about their capacity to properly defend themselves.
(2) In extraordinary appeal procedure, the convicted must have a defence counsel, if
a) it is about the case referred to in Section 37 Subsection 1 Paragraphs a), b), or c),
b) they are juvenile and they have not reached eighteen years of age at the time of the public hearing on the extraordinary
appeal procedure,
c) there is any doubt about their capacity to properly defend themselves,
d) it is about proceedings against a convicted person who had died.
(3) If it is a case under Section 37 Subsection 1 Paragraph c), the accused may waive their right to the necessary
defence by an express declaration after the initial meeting with the defence counsel. This declaration may be withdrawn. An act
performed after an express declaration on the waiver of rights to the necessary defence until its withdrawal does not need to be
repeated.
Section 39
Selected Defence Counsel
(1) The accused or another entitled person shall select the defence counsel through the written permission of the
attorney for the defence.
(2) If the accused person does not exercise the right to choose the defence counsel and neither does their legal
representative, then it may be chosen by their direct relative, their sibling, adoptive parent, adoptive child, spouse, partner, or a
party to an action. The law enforcement authorities and the court are obligated to allow the accused, upon their request, to
request the entitled person to select a defence counsel on their behalf within a specified deadline. The law enforcement
authorities and the court are obligated to notify the entitled person of the request without undue delay.
(3) If the accused is denied their legal capacity or if their legal capacity is restricted, the entitled person may select a
defence counsel on their behalf even against their will.
(4) The accused or the entitled person may also select several defence counsels for the same matter.
(5) The accused may select a defence counsel other than the one they previously selected, or who was selected by
the entitled person referred to in Subsection 1, on their behalf.
Section 40
Appointed Defence Counsel
(1) If the accused does not have a defence counsel when it is a legal requirement, a deadline is determined for them
to select one. If a defence counsel is not selected within that period, a defence counsel must be appointed without undue delay.
In the preliminary hearing, the defence counsel shall be appointed or such appointment revoked by the judge for the preliminary
hearing and by a presiding judge in proceedings before the court.
(2) If the accused does not have sufficient funds for the payment of the costs for a defence counsel and requests the
appointment of a defence counsel, in the preliminary hearing the judge for the preliminary hearing and the presiding judge in
proceedings before the court is obligated to appoint a defence counsel from the registered attorneys, even if there are no
reasons for the necessary defence. The accused must demonstrate the fact that they do not have sufficient funds.
(3) If there are several accused, a joint defence counsel shall be appointed for those whose interests are not contrary
to the criminal proceedings.
(4) If a joinder of several cases for the joint hearing occurs and the accused was provided with a defence counsel for
each of these cases under Subsection 1, the presiding judge in proceedings before the court, and in preliminary hearings the
judge for the preliminary hearing, shall revoke the provisions of those defence counsels who were appointed later. If there is a
simultaneous appointment of defence counsels, it shall revoke the appointment of defence counsels who were appointed in
proceedings on a less serious offence or crime.
(5) The accused may select their defence counsel instead of the defence counsel appointed to them under Section
39. The appointment of the defence counsel shall be revoked by the authority which appointed them.
(6) If it is found during the proceeding that the accused has sufficient funds for the payment of the costs for the
defence counsel or if the accused fails to demonstrate the entitlement to a free defence within the deadline under Section 34
Subsection 3, the defence counsel appointed under Subsection 2 shall be revoked by those who appointed them.
Section 41
Assumption of Defence
(1) The appointed defence counsel is obligated to assume the defence without undue delay.
(2) If a joinder of several cases for the joint hearing and decision occurs and the defence counsel selected under
Section 39 is selected for one of them and in another a defence counsel is selected under Section 40, the appointment of the
defence counsel under Section 40 shall be revoked in the preliminary hearing, upon the petition of the public prosecutor or
police officer, by the judge for the preliminary hearing who appointed the defence counsel, and by the presiding judge acting in
the matter in proceedings before the court.
Section 42
Replacement Counsel
(1) If there is a justified reason for concern that the interrogation of the accused in the preliminary hearing, main trial
or public hearing may be obstructed due to the accused insisting on the presence of their selected or appointed defence
counsel when, in fact, such counsel is absent, then a replacement defence counsel may be appointed in addition to the selected
or appointed defence counsel for the accused.
(2) The replacement defence counsel has the same rights and obligations as the selected defence counsel or an
appointed defence counsel; however, they may exercise them at the main trial and the public hearing only in the case of the
lack of presence of the selected defence counsel or the appointed defence counsel.
(3) The provisions of Section 40 and 41 shall apply to the replacement defence counsel accordingly.
Section 43
Exemptions from the Obligation of Defence
(1) The appointed defence counsel may be exempted from the obligation to defend based on serious reasons at their
request, or at the request of the accused and another defence counsel selected or appointed in their place. Another defence
counsel may be appointed for the accused even if the appointed defence counsel fails to fulfil their long-term obligations.
(2) The exemption of the appointed defence counsel shall be decided on by the presiding judge, and in the
preliminary hearing by the judge for the preliminary hearing.
(3) However, the earlier selected or appointed defence counsel is obliged to fulfil their obligations until the actual
assumption of the defence by another selected or appointed defence counsel.
Section 44
Rights and Obligations of the Defence Counsel
(1) The defence counsel is obligated to provide the necessary legal assistance to the accused, to efficiently serve the
interests by the means and methods of defence as provided by law, in particular to ensure that the facts were properly and
timely clarified during the proceedings that relieve the accused of guilt or mitigate their guilt.
(2) In the preliminary hearing, the defence counsel is entitled to make petitions for the accused, to submit requests
and appeals, inspect files and participate in the acts of the proceedings before the court in accordance with the provisions of this
Act, which the accused is entitled to participate in and the investigation or reduced investigation of acts under Section 213
Subsection 2 through 4.
(3) If the accused is denied their legal capacity or if their legal capacity is restricted, the defence counsel may perform
the entitlements referred to in Subsection 2 on their behalf even against their will.
(4) Unless the permission of the defence counsel during their appointment or selection is defined otherwise, it shall
expire at the conclusion of the criminal prosecution. Even if the permission has thereby expired, the defence counsel is entitled
to file an application for a pardon and the deferral of the sentence.
(5) The defence counsel has the right in all stages of the criminal proceedings to request a copy or to copy the
transcript of any act of criminal proceedings in advance. The law enforcement authorities and the court are obligated to comply
with such request; they may refuse it only if such is not technically possible; however, after the technical obstacles have been
overcome they are obligated to comply with the request of the defence counsel. The defence counsel is obligated to pay the
costs related to the production of the copies or transcript to the State.
(6) The defence counsel is entitled to procure and propose the evidence at the expense of the defence.
(7) If the accused has chosen several defence counsels in the same matter, the rights and obligations under this Act
apply to each of them. The presence of only one of them is sufficient for the performance of the acts stipulated under this Act,
unless the law stipulates otherwise.
(8) If the accused has several defence counsels, the documentation is served to a defence counsel designated for the
receipt of the documentation. If none of the defence counsels were designated, the documentation is served to the defence
counsel who was selected as the first defence counsel. If there were several defence counsels selected at the same time, the
documentation is served to the defence counsel selected by the accused.
Division VI
Party to an Action
Section 45
(1) The person whose item, monetary sum, or asset was confiscated or is due to be confiscated upon a petition, is the
party to an action.
(2) The party to an action has the right
a) to comment on all facts and evidence that the petition is based on, after the submission of the petition for the imposition of the
protective measure,
b) to be present at the main trial and public hearing, file petitions, present evidence, and inspect the files,
c) file appeals in cases stipulated by this Act during the confiscation of assets to the extent under Section 461b prior to
submitting the petition for the imposition of the protective measure.
(3) The law enforcement authorities and the court are obliged to instruct the party to an action about their rights
including instructions on delivery and the consequences associated with them, and provide them with the opportunity to
exercise such rights.
(4) If the party to an action is a natural person who is denied legal capacity or if their legal capacity is restricted, their
legal representative shall exercise their rights pursuant to this Act.
(5) In the preliminary hearing the judge for the preliminary hearing, and in proceedings before the court the presiding
judge, upon the petition of the public prosecutor, shall appoint the proxy through a measure for the party to an action from the
list of attorneys, if it is necessary for the protection of their interests. If the reason for the provision expires, in the preliminary
hearing the judge for the preliminary hearing, and in proceedings before the court the presiding judge, shall revoke it through a
measure upon the petition of the public prosecutor.
(6) At the beginning of the first action, the party to an action is obligated to state their address to where the
documentation shall be served, including documentation intended for delivery into their own hands as well as the method of
serving, with the fact that if they changed such address or method of serving, they must notify the competent authority of such
fact without undue delay; the law enforcement authority or the court must instruct the party to an action on the serving and
consequences associated with it.
Division VII
Victim
Entitlement of the Victim and the Performance of Damage Claims
Section 46
(1) A person where the criminal offence caused bodily harm, damage to assets, moral or other damage, or whose
rights or freedoms protected by law were violated or threatened, is a victim. In the cases stipulated by this Act, the victim has the
right to comment on whether they agree with the criminal prosecution, they are entitled to damages, to file petitions for the
performance of evidence or its completion, to present evidence, to inspect and review the files, to participate in the main trial
and public hearing held on an appeal or on an agreement about the confession of guilt and the acceptance of the punishment,
to comment on presented evidence, and they have the right to the closing speech, and to file appeals within the extent
stipulated by this Act.
(2) No later than at the beginning of the first interrogation, the victim is obligated to state their address where the
documentation shall be served, including documentation intended for delivery into their own hands as well as the method of
serving, with the fact that if they changed such address or method of serving they must notify the competent authority of such
fact without undue delay; the law enforcement authority must instruct the victim on the serving and the consequences
associated with it.
(3) A victim who, under the law, is entitled to compensation against the accused for the damages caused by the
criminal offence is also entitled to propose to the court to order the defendant an obligation to cover the damages in the
convicting judgment. The petition needs to be applied no later than during the completion of the investigation or the reduced
investigation. The petition must be clear on what grounds and to what extent the claim for damages applies.
(4) The petition under Subsection 3 may not be submitted if the entitlement has already been decided on during the
civil court proceedings or another relevant proceeding.
(5) If the victim wants to present the evidence that they are aware of, the petition for its performance must be
submitted during the preliminary hearing to the public prosecutor or a police officer, and before the court of first instance no later
than during the evidence of the main trial. If the victim submits the petition for the performance of the evidence earlier, the court
is obligated to serve such petition to the accused and the public prosecutor without undue delay.
(6) The victim has the right to apply specific petitions for the purpose of the conclusion of settlement or an agreement
with the offender; these petitions may be applied even through the probation and mediation officer.
(7) The victim may also surrender their procedural rights that are granted them by this Act in an explicit declaration in
writing or orally in the transcript before the law enforcement authority or a court.
(8) If the law enforcement authority or the court ascertains that the victim is in danger in relation to the residence of
the accused or convicted at liberty, the law enforcement authority or the court shall provide them with the information that
a) the accused was released from custody or has escaped,
b) the convicted person was released from serving a prison sentence or has escaped.
(9) The victim may request the public prosecutor during the preliminary hearing and, in proceedings before the court,
the court that they were informed about the facts referred to in Subsection 8. If the convicted person is serving a prison
sentence, the request shall be filed at the court which decided in the first instance.
Section 47
(1) The entitlement of the victim cannot be exercised by those who are prosecuted in criminal proceedings as codefendants.
(2) If the number of victims associated with the same matter is higher and the individual performance of their rights
could threaten the purpose and rapid progression of the criminal prosecution, and the victims fail to agree on a common agent,
the judge for the preliminary hearing, upon the petition of the public prosecutor, shall appoint a common agent of the victims for
exercising such rights through a measure in the preliminary hearing, usually it will be one of the victims after their prior consent.
The public prosecutor shall notify the victims who have already filed a claim for damages of such measure, and the measure
shall be appropriately published. There may be a maximum of ten common agents. The common agent shall exercise the rights
of the victims, whom they represent, including the application of the claim for damages in the criminal proceedings, and they
shall have the same procedural position as a proxy; the applied claim for damages may not be withdrawn without the written
consent of the victims.
(3) If there is a large number of victims associated with the same matter, usually in excess of a hundred, and the
individual performance of their rights could seriously threaten the purpose and rapid progression of the criminal prosecution, the
Supreme Court shall in the preliminary hearing, upon the petition of the Attorney General, decide on the participation of the
victims at the criminal proceeding through a resolution, which is served to the proposer. If the petition was not refused, the
Attorney General shall ensure that the resolution is appropriately published.
(4) The so far obtained case file must be enclosed in the petition of the Attorney General pursuant to Subsection 3,
which must be justified.
(5) If there is a large number of victims associated with the same matter and the individual performance of their rights
could threaten the purpose and rapid progression of the criminal prosecution, and the common agent of the victims was not
appointed in the preliminary hearing pursuant to Subsection 2, the court shall decide on the participation of the victims in the
criminal proceeding; if the court deems the appointment of the common agent for the victims, who applied their claim for
damages, expedient, it shall proceed under Subsection 2 accordingly.
(6) The victim, who applies their claim for damages and does not have sufficient funds to pay the costs associated
therewith, in the preliminary hearing after the accusation was raised upon the petition of the public prosecutor, the judge for the
preliminary hearing, and in proceedings before the court, the presiding judge, may appoint an agent from the list of attorneys
even without the petition if they deem such necessary for the protection of the interests of the victim; the last sentence of
Subsection 2 shall apply accordingly. The victim must demonstrate the fact that they do not have sufficient funds.
(7) If it is ascertained during the proceeding that the victim has sufficient funds to pay the costs associated with the
application of the claim for damages in the criminal proceedings, the authority that appointed the agent under Subsection 6 shall
revoke such agent. After an indictment or a petition for an agreement on guilt and punishment was filed, it shall be decided by
the presiding judge.
Section 48
(1) If the victim is denied their legal capacity or if their legal capacity is restricted, their rights shall be exercised by
their legal representative pursuant to this Act, who may also authorise an organisation for the assistance of the victims of
criminal offences to represent them.
(2) In cases where the legal representative of the victim is not able to exercise their rights as referred to in Subsection
1 and there is danger of default, the presiding judge and, in preliminary hearing upon the petition of the public prosecutor, the
judge for the preliminary hearing, shall appoint a guardian for exercising the rights of the victim. In the case of criminal offences
committed against a close person or an entrusted person, if the victim is a juvenile, the appointed guardian shall become a
public authority or an authorised representative of an organisation for the assistance of the victims. A complaint against the
decision on the appointment of a guardian is admissible.
(3) If the victim who is a natural person or the statutory authority of the victim, which is a legal entity, cannot exercise
the rights of the victim under this Act or there is danger of default, the presiding judge and, in the preliminary hearing upon the
petition of the public prosecutor, the judge for the preliminary hearing, shall appoint a guardian to exercise the rights of the
victim. A complaint against the decision on the appointment of a guardian is admissible.
(4) If it regards a claim for damages, the rights which this Act confers on the victim are also transferred to their legal
successor.
Section 49
(1) The law enforcement authority is obligated to provide the victim with information on their rights in the criminal
proceedings and with information on organisations for the assistance of the victims in writing during their first contact, including
the services they provide.
(2) The law enforcement authority and the court are obligated to instruct the victim on their rights and provide them
with the full opportunity of exercising them.
Victim Claim Assurance
Section 50
(1) If there is reasonable concern that the satisfaction of the claim of the victim for damages caused by the criminal
offence will be obstructed or hindered, the claim, up to the probable amount of the damage, may be assured
a) by the assets of the accused,
b) by the asset rights of the accused within a legal entity, which the accused has an ownership interest in,
c) by the asset rights of a legal entity, in which an accused,
1. has ownership interest, or
2. is a statutory body, member of a statutory body, member of another authority, procurer, head of an enterprise branch which is
registered in the Commercial Register, or the head of a foreign legal entity which is registered in the Commercial Register,
if, based on the obtained facts, the conclusion that the criminal offence for which the accused is criminally prosecuted was
committed on behalf or for the benefit of such legal entity, is sufficiently justified,
d) by the asset rights of a legal entity, in which the legal entity has a direct or indirect ownership interest, in which an accused,
1. has an ownership interest, or
2. is a statutory body, member of a statutory body, member of another authority, procurer, head of an enterprise branch, which
is registered in the Commercial Register, or the head of a foreign legal entity which is registered in the Commercial Register,
if, based on the obtained facts, the conclusion that the criminal offence for which the accused is criminally prosecuted, was
committed on behalf or for the benefit of such legal entity, is sufficiently justified,
e) by any other asset rights of the accused.
(2) The part of the assets designated to the assurance of the claim shall be described in the resolution on the
assurance, and the accused and the legal entity referred to in Subsection 1 shall be prohibited to handle them. The movable
assets shall be deposited under the protection of the authority that decided on the assurance. If it cannot ensure their safe
storage itself, it shall provide such storage through another public authority or legal entity, or natural person, which performs an
entrepreneurial activity in such field. If it is a real estate, it may authorise such person with real estate management in writing,
and serve the resolution of the assurance of the real estate to the competent public administration authority at the department of
the Land Registry.
(3) A claim that cannot be applied in criminal proceedings cannot be assured under Subsection 1. Items that cannot
be affected by the enforcement of the court decision under civil law or the receivables of the accused for the payment of the
remuneration of the employment or a similar relationship, the receivables for the payment of alimony, and the payment of
sickness benefits and social security benefits cannot be applied for the claim assurance.
(4) The assurance shall be decided by the court, upon the petition of the public prosecutor or the victim and, in the
preliminary hearing, by the public prosecutor upon the petition of the victim; the public prosecutor may assure the claim in the
preliminary hearing even without the petition of the victim, if such is necessary for the protection of their interests, particularly if
there is danger of default.
(5) The court and, in the preliminary hearing, the public prosecutor, shall refuse the petition of the victim if it finds that
the petition is not justified.
(6) The victim must always be notified of the assurance of the claim indicating the reasons for which the assurance
under Section 51 Subsection 1 is being revoked.
Section 51
(1) The assurance shall be revoked,
a) if the reason for which the assurance was decided on expired,
b) if the criminal prosecution was finally terminated or if it was terminated by a final acquittal or
c) if two months elapsed from the date on which the judgment became valid, by which the defendant was found guilty, or the
date that the resolution which referred the matter to another authority became valid.
(2) Assurance must be restricted if it is revealed that it is not necessary to the extent in which it was ordered. If the
assurance affected items belonging to a person other than the accused or a legal entity referred to in Section 50 Subsection 1,
they shall be removed from that assurance.
Section 52
A complaint against the decision under Section 50 and 51 which, if it regards the revocation of the assurance, its
restriction or removal from the assurance, has a suspensive effect, is admissible.
Division VIII
Proxy of the Victim and the Party to an Action
Section 53
(1) The party to an action and the victim may be represented by a proxy. The proxy of the victim may also be an
authorised representative of an organisation for the assistance of victims.
(2) The proxy of the party to an action and the victim may only be a person whose legal capacity is not restricted; a
proxy cannot be a person who is summoned as a witness, expert, translator or interpreter at the main trial or public hearing.
(3) The proxy of the party to an action or the victim in the criminal proceeding, in which classified information is being
heard, may only be an attorney or a person who may be familiarised with the classified information at the appropriate
department.
Section 54
(1) A proxy of the party to an action and a victim is entitled to file petitions for the performance of evidence on behalf
of the party to an action or the victim, and submit requests and appeals; they are also entitled to participate in all actions in
which the party to an action or a victim could participate. The proxy of the victim has the right to apply specific petitions for the
purpose of the conclusion of the settlement or an agreement with the accused on the damages; these petitions may be applied
even through the probation and mediation officer.
(2) If the proxy of the party to an action or the victim intends to propose evidence that they are familiar with, they must
submit the petition for its performance to the court of first instance no later than during the evidence of the main trial. If the proxy
of the party to an action or the victim submits a petition for the performance of evidence to the court in writing, the court is
obliged to inform the public prosecutor and the accused about such petition.
CHAPTER THREE
GENERAL PROVISIONS RELATING TO THE ACTS OF CRIMINAL PROCEEDINGS
Section 55
Method of Implementation of Acts in Criminal Proceedings and Elimination of Delays in Court Proceedings
(1) In the carrying out of acts of criminal proceedings, the law enforcement authorities, courts, and persons authorised
to perform acts of the criminal proceedings, must treat the parties to an action in accordance with the requirements of the
purpose of the criminal proceedings; their dignity and constitutionally guaranteed fundamental rights and freedoms must be
respected.
(2) The law enforcement authorities and the court shall fundamentally perform acts between 7:00 and 20:00 o’clock at
the official premises. In justified cases, the acts may be performed outside the official premises and outside the mentioned
times.
(3) If it is reasonable to assume that there have been delays in the preparation of the hearing of the matter by the
court, in determining the date of proceedings and the decision, or delays in the production of the court decision, any of the
parties may file a complaint to the higher court through such court on the failure to act, so that it can determine a reasonable
deadline for the performance of the objected act; if it fails to proceed under Subsection 4, the court must send such complaint
on the failure to act along with the file and its opinion and the opinion of the presiding judge to the higher court without undue
delay.
(4) If the court performs acts of criminal proceedings mentioned in the complaint on the failure to act within fifteen
working days after its receipt and informs the complainant about it, such complaint on the failure to act shall be considered
withdrawn if such complainant fails to declare that they insist on their complaint on the failure to act within five working days of
receiving the notice. They must be instructed about this.
(5) The court of the higher court must decide about the complaint on the failure to act referred to in Subsection 3
within five working days of the assumption of the matter, if
a) the delays were not caused by the court; the complaint on the failure to act shall be refused,
b) the complaint on the failure to act is justified; the higher court shall determine a reasonable deadline for the performance of
the objected act.
(6) A complaint against the decision under Subsection 5 is not admissible.
(7) The State is responsible for the damage caused by an unlawful decision or maladministration under a special Act.
Letters of Request
Section 56
(1) The presiding judge, the judge for the preliminary hearing, public prosecutors and police officers, probation and
mediation officers, high court clerks and the court secretary, shall perform individual acts of the criminal proceedings in their
jurisdiction, usually in person. Outside their jurisdiction, they shall perform the individual acts of criminal proceedings through
letters of requests of the District Court, the public prosecutor, or the police officer in whose jurisdiction the action is to be taken;
in the case of an urgent matter or if the proper adjudication of the matter is of an urgent need, they may enforce the action
outside their own jurisdiction.
(2) The Supreme Court, Specialised Criminal Court and County Court may perform individual acts even in their own
jurisdiction through the letters of request of the District Court in whose jurisdiction the acts are to be performed; the Supreme
Court and the Specialised Criminal Court can also submit letters of request to the County Court.
(3) repealed from 1 November 2011.
Section 57
(1) The letters of request must indicate the case file information, including the factual circumstances of the act that the
letters of request concern and its legal qualification. If necessary, the requesting authority shall attach the files and highlight
parts where the necessary information is indicated. The requested authority, based on the nature of the matter and based on
what became clear during the execution of the action, is entitled and obligated to perform other necessary tasks, especially to
hear the other persons and to examine the circumstances specified in the letters of request, if such actions can aid the swift and
correct decision on the matter.
(2) The acts of the requested court are carried out by a judge; simultaneously, such have the rights and obligations of
the presiding judge.
(3) Letters of request are usually processed within seven days of their receipt. If the letters of request cannot be
completed within this period, the requested authority shall notify the requesting authority.
Section 58
Transcript
(1) A transcript about any action of criminal proceedings is recorded, usually during an action or immediately after,
which must include
a) the identification of the court, prosecution or another enforcement authority,
b) the place, time and subject of an action,
c) name and surname of officials and their functions, name and surname, date of birth and residence or registered office of the
parties present on the act, and in the case of the accused, victim or witness also the address that they specify for the purpose of
delivery,
d) brief and concise statements of the course of an action which would be seen as preserving the statutory provisions governing
the conduct of an action, the essential contents of the decisions announced during an action, and if a copy of the decision was
delivered during the action, the confirmation of this service,
e) petitions of the parties, provided instructions, or the opinion of the instructed persons,
f) objections of the parties or the persons interrogated against the contents of the transcript.
(2) The transcript on the testimony of the person who does not speak the Slovak language shall be recorded in the
Slovak language.
(3) The presiding judge shall decide by a measure on whether a transcript shall be recorded about the main trial or
the public hearing by the dictation of the presiding judge, by a stenograph record, or whether another suitable recording medium
should be used for its recording. The present parties shall be notified of the production of the stenograph record or the use of
another suitable recording medium.
(4) If a transcript dictated by the presiding judge is being produced about the main trial or the public hearing, the main
content of the statements of the defendant, witnesses, experts and other persons shall be recorded. If such persons have
already been heard in a manner consistent with this Act, their testimony shall be recorded only to the extent of variations or
amendments to their prior testimony. If the testimony of such person does not contain any variations and amendments to
previous testimonies, only the date of the previous testimony and the number of pages of the files in which it is located shall be
indicated in the transcript. The presiding judge may in such case, however, simultaneously order the production of an audio
recording.
(5) If the transcript about the main trials or the public hearing is being recorded by stenograph record or via another
suitable recording device, the transcript should include the data under Subsection 1 Paragraphs a) through c) and the content of
the record obtained by using another suitable recording device so as to provide a summary of the performed acts and decisions.
This part of the transcript shall be made during the performance of the act. The stenograph recording or a medium on which
there is a copy of the recording, obtained by using another suitable recording device, shall be labelled and attached to the
transcript on the act. If the medium on which a copy of the record is captured is stored outside the file, its location shall be
indicated in the transcript.
(6) If the transcript is being made about the main trial or the public hearing using a stenograph record or another
suitable recording device, the testimonies of the defendant, witnesses, experts and other persons shall be recorded in full. If it is
ordered by the presiding judge, the stenograph recording or a record obtained by using another suitable recording device is
immediately copied in plain font and attached to the transcript produced during the performed act. If it is ordered by the
presiding judge or at the request of the parties, an additional copy of the record shall be made. The cost of producing copies of
the record shall be borne by those who requested it, with the exception of the public prosecutor.
(7) The police officer or the public prosecutor may decide on the use of another suitable recording device in the
preliminary hearing. In this case, Subsection 3 through 6 shall apply accordingly; however, the copy in plain font shall always
also be made.
Section 59
Transcript Signing
(1) The transcript of the main trial and the public hearing shall be signed by the presiding judge and the court reporter;
other transcripts shall be signed by the person who performed the action thereof and the person to whom the action applies, the
court reporter, translator, interpreter, expert, or another person invited to an action. If the transcript of the hearing consists of
more than one page, the person heard must sign each page of the transcript. Should the heard person or any other person
invited to an action refuse to sign the transcript, this shall be entered in the transcript with a note of the reasons for refusal.
(2) If the presiding judge is unable to sign the transcript of the main trial or public hearing due to an obstacle of longer
duration, it shall be signed by another judge of the competent court. If there is an obstacle with another judge, the reason why
the transcript was not signed shall be recorded in the transcript.
(3) If the person who the action concerns cannot read or write, the transcript should be read to them by those who
performed such act; such fact should be recorded in the transcript.
Section 60
Transcript or Record Correction and Completion
(1) The correction, completion and objections to the record or transcript shall be decided on by the authority to which
the transcript or the record belongs. A complaint against such decision is admissible.
(2) A person who conducted the hearing or the implementation of an action may, even after signing the transcript,
order or perform the correction of clerical errors or any other obvious errors. The correction shall be made so that the original
entry remains legible; the corrected version shall be signed by the person who ordered it.
Section 61
Voting Records
(1) The voting record shall include, besides the general requirements,
a) the procedure for individual votes, the result and the decision statement,
b) opinions other than the majority view, in full, and a brief justification.
(2) The voting record should be signed by all members of the court and the court reporter.
(3) The voting record shall be sealed and enclosed with the transcript of the hearing. It may be opened only by the
presiding judge of the higher court in deciding on an appeal and the presiding judge of the Supreme Court in deciding on the
appellate review, as well as by the judge authorised to draw up the judgment; once inspected, it should be sealed again and its
opening should be confirmed by a signature.
(4) The voting record is not made in writing if it pertains to simple decisions which the court passed unanimously and
which were preceded by a meeting in the court room only without a suspension; in such cases a note that the resolution was
taken without a suspension of the hearing is made in the transcript.
Section 62
Submission
(1) Submissions are always assessed by their content, even if they are incorrectly marked. They can be made in
writing, orally in the transcript, by telegram, fax or electronic means signed with a guaranteed electronic signature pursuant to a
special Act, or without a guaranteed electronic signature. Submissions made by telegram, fax or electronic means without a
guaranteed electronic signature must be confirmed in writing or orally in the transcript within three working days, otherwise the
submission shall not be handled.
(2) When an oral criminal complaint is made on the facts that a criminal offence was committed (hereinafter referred
to as “criminal complaint”), it is necessary to instruct the reporter on the liability for the intentionally false information, including
the consequences of the false accusations and to hear the reporter on the circumstances under which the act was committed,
the personal circumstances of those who the filed report concerns, on evidence, and on the amount of damage and other
consequences caused by the commission of the criminal offence; if the reporter is also the victim or their proxy, it must also be
heard as to whether they are applying for a court decision on their claim for damages in criminal proceedings. The interrogation
of the person who files the complaint shall be conducted so as to obtain the basis for further proceedings.
(3) If the transcript of the oral criminal complaint was recorded in court, the court shall immediately forward it to the
public prosecutor.
Section 63
Calculating Deadlines
(1) Deadlines under this Act shall be calculated in hours, days, weeks, months and years.
(2) The deadline determined by hours begins to run by the commencement of the act.
(3) The deadline determined by days does not include the day on which the event determining the onset of the
deadline occurred.
(4) A deadline determined by weeks, months or years shall expire on the day that, by its name or numerical
designation, refers to the day on which the event determining the onset of the deadline occurred. In the case of the absence of
that day in the last month of the deadline, the deadline shall expire on the last day of the last month.
(5) Where the end of the deadline falls on a holiday or weekend, the next working day is considered to be the last day
of the deadline; this shall not apply to the deadline of the custody.
(6) The deadline is also maintained if the submission was made within the deadline
a) as a postal letter addressed to the court, public prosecutor or police officer for whom it is to be addressed or who is to make a
decision on the matter,
b) to the court or public prosecutor, who is to decide in the matter,
c) by a member of the armed forces or armed corps or a member in the active service of their superior, or service authority,
d) to the director of the correctional facility where the originator of the submission is in custody or serving a prison sentence, or
e) orally in the transcript at any District Court or to a district prosecutor.
Section 64
Deadline Retrocession
(1) If the accused, their defence counsel, the victim or the party to an action misses the deadline for the submission of
an appeal for important reasons, the authority competent to decide on the appeal shall authorise the deadline retrocession. The
deadline retrocession must be requested within three days from the removal of obstacles by the authorised person. If the appeal
has not yet been filed, it must be enclosed to the application. In the case of an appeal against a judgment, an appeal may be
justified even within the deadline of eight days from receipt of the resolution to authorise the deadline retrocession.
(2) If an appeal is already dismissed as overdue, the authority shall revoke the deadline retrocession together with its
decision on the dismissal of an appeal.
(3) The provisions of Subsection 1 and 2 shall be applied accordingly, even if it is revealed that the deadline for filing
an appeal that was dismissed as overdue did not default.
Section 65
Serving
(1) If the document was not served during an action of the criminal proceedings, it is usually served by the post office.
If the addressee is the victim or the accused, it shall be served to them at the address indicated for that purpose. If it is
necessary to repeat the act or to postpone the main trial or public hearing, it is sufficient to notify the parties present who are to
participate of the new date. The contents of the notice, as well as the fact that these persons noted the new date, shall be
recorded in the transcript.
(2) If necessary, particularly in the case of an ordered summons, unsuccessful attempts to serve a consignment into
the own hands of the addressee in another manner or if there is a danger that the proceedings could be obstructed due to
delays in service, the Police Force, or the Municipality may be requested for the serving.
(3) If the addressee of the consignment cannot be reached at the address they stated for such purposes, it shall be
served to another adult person who resides in the same apartment or in the same house, or is employed at the same workplace,
if they are willing to accept the documentation and procure its delivery. If there is no such person, the documentation shall be
deposited with the authority that delivers the consignment and the addressee shall be notified in an appropriate manner, when
and where they may collect it. The documentation is deemed served on the day when deposited, even though the addressee
did not learn of its storage.
(4) Documents are deemed served to the addressee even if the consignment is returned from the address they stated
for such purposes for the reason that the addressee is unknown as of the date the consignment was returned to the law
enforcement authority or the court, even if the addressee never learns of the fact.
(5) If the addressee has reserved mail delivery to a mailbox, the post office shall notify the addressee of its arrival, the
possibility of acceptance, and the collection deadline on the prescribed form which it shall insert into the mailbox. If the
addressee collects the consignments at the post office based on an agreement and they do not have an assigned mailbox, the
post office will not notify them upon their arrival. In both cases, the arrival date of the consignment is considered to be the date
of storage. If the addressee fails to collect the consignment within three working days after its storage, the day of its serving is
considered to be the last day of such deadline, even though the addressee did not learn about its storage.
(6) Documentations intended for persons enjoying privileges and immunities under an international law or persons in
their homes shall be submitted to the Ministry of Foreign Affairs of the Slovak Republic to arrange for their serving.
(7) The law enforcement authorities and court are entitled to perform the serving by their own means and at their own
expense.
(8) The law enforcement authorities and court may even serve the documentation to the accused, defence counsel,
the victim and their proxy, reporter, legal representatives, party to an action and their proxy, and to penitentiary and custody
institutions by electronic means signed by the advanced electronic signature.
Section 66
Serving into Own Hands
(1) Served into own hands is
a) the indictment and summons for the accused,
b) a copy of a decision to persons entitled to submit an appeal against the decision,
c) any other document, if the judge, public prosecutor, the police officer, probation and mediation officer, high court clerk, court
secretary or assistant prosecutor ordered it for important reasons.
(2) The post office shall serve the consignment into own hands of an addressee or release it to a person who can
produce a verified power of attorney not older than six months or a permission to accept such consignments for the addressee
issued by the post office.
(3) If the addressee, who is to be served a consignment into own hands, cannot be reached at the address which they
listed for such purposes, the consignment shall be deposited at the authority which serves such consignment and the addressee
shall be notified in an appropriate manner that the consignment will be served to them again on the specified date and time. If
even the new attempt to serve the consignment is unsuccessful, the document shall be deposited at the post office or the
authority of the Municipality, and the addressee shall be notified in an appropriate manner where and when they can collect it. If
the addressee fails to collect the consignment within three working days after its storage, the last date of the deadline is
considered to be the date of serving, even though the addressee did not learn about the storage; this shall not apply if it regards
the serving an indictment, resolution on the conditional suspension of the criminal prosecution or a criminal warrant.
(4) Documents are deemed served to the addressee even if the consignment is returned from the address they stated
for such purposes for the reason that the addressee is unknown as of the date the consignment was returned to the law
enforcement authority or the court, even if the addressee never learns of the fact; this shall not apply, if it regards the serving an
indictment, resolution on the conditional suspension of the criminal prosecution or a criminal warrant.
(5) If the addressee has reserved mail delivery to a mailbox, the post office shall notify the addressee of its arrival, the
possibility of acceptance, and the collection deadline on the prescribed form which it shall insert into the mailbox. If the
addressee collects the consignments at the post office based on an agreement and they do not have an assigned mailbox, the
post office will not notify them upon their arrival. In both cases, the arrival date is considered to be the date of storage. If the
addressee fails to collect the consignment within three working days after its storage, the day of its serving is to be considered
the last day of such deadline, even though the addressee did not learn about its storage.
Section 67
Refusal of Acceptance
(1) If the addressee refuses to accept the documents, it shall be noted on the delivery note together with the date and
reason for the refusal, and the documents shall be returned.
(2) If the judge, public prosecutor, or the police officer, the probation and mediation officer, high court clerk, court
secretary or assistant prosecutor who sent the document admits that the acceptance of the document was unreasonably
refused, the document is considered delivered on the date when the acceptance was refused; the addressee must be advised
about such consequences by the deliverer.
Section 68
Serving to Legal Entities
(1) Documents that are intended for authorities or legal entities shall be delivered to the employees authorised to
accept the documents for the authorities or legal entities. If there are no such employees, the documents that are intended into
own hands shall be served to those who are authorised to act on behalf of the authority or the legal entity, and all other
documents to any other employee who accepts the documents.
(2) If the document cannot be served to the legal entity at the address of its registered office registered in the
Commercial Register or in another register in which it is registered, and the other address is not known to the court, the
document is considered served three days after the return of the undelivered consignment, even if the person who is authorised
to act on behalf of the legal entity never learnt of such serving.
(3) The provisions of Section 66 shall apply to the serving to authorities or legal entities accordingly.
Section 69
Inspection of Documents
(1) The accused, defence counsel, victim and party to an action, proxies, appointed guardian and in proceedings
before the court a public prosecutor, probation and mediation officer, high court clerk, court secretary and assistant prosecutor
have the right to inspect files, with the exception of the voting record and personal data on the identity of the protected witness,
endangered witness, or a witness whose identity is classified, and classified data on the identity of the agent, to take and make
notes of them, and to procure copies of the files and their parts at own expense; such expenses shall not be paid by the public
prosecutor, the probation and mediation officer, high court clerk, court secretary and assistant prosecutor. The same right
applies to the legal representative of the accused, the victim and the party to an action, if such persons are denied their legal
capacity or their legal capacity is restricted. Other persons may do so with the consent of the presiding judge and, in the
preliminary hearing, with the consent of the law enforcement authority, only if it is necessary to exercise their rights.
(2) During the preliminary hearing, the law enforcement authority may deny the right to inspect the files and any other
related rights under Subsection 1 for important reasons, in particular, if it is not possible to take such measures that would
prevent the hindrance or significant obstruction of reaching the purpose of the criminal prosecution. The public prosecutor is,
upon the request of the person whom the denial concerns, obligated to urgently review the severity of the reasons on which
those rights are denied by the law enforcement authority. The superior public prosecutor is, upon the request of the person
whom the denial concerns, obligated to urgently review the severity of the reasons on which the right to inspect the file and
other related rights, as referred to in Subsection 1, were denied by the public prosecutor for serious reasons. These rights
cannot be denied to the accused, the defence counsel and the victim once they have been advised on the possibility of the
inspection of the files.
(3) Those persons who have the right to be present in an action cannot be denied access to the transcript of such
action. The accused and their defence counsel cannot be denied access to the resolution to raise the accusation. In
proceedings before the court, the public prosecutor, the accused and their defence counsel, the victim, party to an action, and
their proxy cannot be denied the possibility to inspect the files.
(4) The rights of public authorities to inspect the files under a special Act shall not be affected by the provisions of the
preceding Subsections.
(5) When authorising the inspection of the files, it is necessary to take such steps to preserve the secrecy of the
classified information, trade secrecy, bank secrecy, tax secrecy, postal secrecy or telecommunications secrecy. If, in relation to
the inspection of the files, there are concerns for the delays of the proceedings, the law enforcement authority in the preliminary
hearing and, in proceedings before the court, the presiding judge, are entitled to impose a reasonable deadline.
(6) The judge for the preliminary hearing has the same rights as the law enforcement authority, if they handle the file
within their powers at the time of the proceedings. However, if the judge for the preliminary hearing denies the accused or their
defence counsel the right to inspect the entire file in the proceedings on custody and before the decision on it, they shall
simultaneously with the denial of such right identify and allow the accused and their defence counsel to inspect parts of the file
that contain the facts or evidence that are taken into account while deciding on the custody under Section 71 through 87 and
Section 339.
Section 70
Disciplinary Fine
(1) A person who despite previous warnings obstructs the proceedings or who behaves offensively to the court, public
prosecutor or the police officer, or who, without sufficient excuse, disobeys the order, or fails to comply with the call or summons
made under this Act, the judge and, in the preliminary hearing, the public prosecutor or police officer may impose a disciplinary
fine of up to EUR 1,650; in the case of a legal entity up to EUR 16,590. The affected persons must be advised in advance on
the possibility of the imposition of the disciplinary fine.
(2) If the public prosecutor, defence counsel or a member in active service commits the conduct referred to in
Subsection 1, it may be forwarded to the competent authority for disciplinary proceedings. If a person who is in custody or
serving a prison sentence commits such conduct, it may be referred to the Director of the penitentiary or custody institutions for
disciplinary punishment. The competent authority or the director is obliged to inform the law enforcement authority or the court
of the results.
(3) A complaint against the decision under Subsection 1 and 2, which has a suspensive effect, is admissible.
CHAPTER FOUR
APPREHENSION OF PERSONS AND ITEMS
Division I
Arrests
Section 71
Reasons for Arrest
(1) The accused may be taken into custody only if the currently ascertained facts suggest that the act for which the
criminal prosecution was initiated was committed, that it has signs of a criminal offence, and that there are reasons for the
suspicion that such act was committed by the accused, and based on their conduct and further specific facts there is a
reasonable concern that
a) they will flee or hide, to avoid criminal prosecution or punishment, in particular if their identity cannot be immediately
determined, when they do not have permanent residence, or if they are facing a severe penalty,
b) they will affect the witnesses, experts, co-defendants or that they will otherwise obstruct the clarification of facts important to
the criminal prosecution, or
c) they will continue in the criminal activity, complete the criminal offence which they attempted, or commit a criminal offence
that they premeditated or threatened to commit.
(2) If the accused was released from custody, they may be remanded in custody for the same matter, if
a) they are on the run or are in hiding, to avoid criminal prosecution or punishment, they do not live at the address which they
listed for the law enforcement authorities or the court, they do not accept the consignments or fail to respect the order of the law
enforcement authorities or courts, or if they otherwise intentionally obstruct the performance of the ordered actions,
b) they affect the witnesses, experts, co-defendants or if they otherwise obstruct the clarification of facts important to the
criminal prosecution,
c) they continue in the criminal activity, complete the criminal offence which they attempted, or commit a criminal offence that
they premeditated or threatened to commit,
d) they were released from custody because they started serving a prison sentence and there are specific facts that justify some
of the reasons for the custody under Subsection 1, or
e) they are accused of a further intentional criminal offence which they intended to commit upon their release from custody.
Section 72
Decision of Arrest
(1) Decision of arrest means a decision of
a) remand or non-remand of the accused in custody; the decision of non-remand into custody also means a decision to leave
the accused at liberty during the replacement of the custody,
b) release from custody and the refusal of the request for the release of the accused from custody; such request also means a
request for the replacement of custody,
c) the change of reasons for the custody of the accused,
d) the petition for the extension of the term of custody of the accused,
e) leaving the accused in custody or the extension of the overall term of the custody in the criminal proceeding,
f) the release of the arrested accused at liberty; such decision also means the decision to leave the accused at liberty during the
replacement of the custody.
(2) To act or decide on the custody of a person may only be against a person whom an accusation was raised.
Justification of the decision on custody also includes the factual circumstances of the facts which the statement of the decision
on custody is based on. The court and, in the preliminary hearing upon the petition of the public prosecutor, the judge for the
preliminary hearing who is not bound by the petition of the public prosecutor during the definition of the reasons for custody,
shall act and decide on custody. The higher court shall act and decide on the complaint against the decision of the court or
judge for the preliminary hearing. Before deciding on custody, the accused must be interrogated; the public prosecutor, the
accused and their defence counsel shall be notified of the time and place of the interrogation in an appropriate manner,
provided they are reachable. The presiding judge or judge for the preliminary hearing shall hear the accused and then allow the
associates or judges, the public prosecutor and the defence counsel to ask the accused questions regarding the decisions on
custody; without the interrogation of the accused, it is possible to decide on custody only if the accused expressly requested that
the hearing was performed in their absence, or if the health of the accused does not allow their interrogation. The representative
of an interest group or another person offering a guarantee or a monetary guarantee shall be notified of the questioning if
necessary. The petitions and requests of the public prosecutor shall be served to the accused without undue delay and the
requests of the accused or other persons filed in their benefit to the public prosecutor so that the public prosecutor and the
accused have an opportunity to comment on them before the decision on the custody; this shall also apply to the reasons for
which the court is to decide on the extension of the overall term of the custody under Section 76a.
(3) If during the preliminary hearing, the judge for the preliminary hearing fails to comply with the petition of the public
prosecutor for the remand of the accused in custody, they shall decide on the non-remand of the accused into custody by a
resolution, which in its full wording with the justification and instruction shall be included in the transcript on the action; this shall
also apply to the decision on custody, if the court or judge for the preliminary hearing decide under Section 76 Subsection 3 or
4. The public prosecutor may, in the preliminary hearing, withdraw the petition for the remand of the accused in the custody until
the announcement of the resolution of the judge for the preliminary hearing which is used for the decision making on such
petition; the judge for the preliminary hearing shall take the withdrawal of the petition of the public prosecutor for the remand of
the accused into custody into account by a resolution.
(4) The petition for the remand of the accused into custody as well as other petitions of the public prosecutor based
on which a decision on custody is to be made in the preliminary hearing shall always be enclosed to the original or the copy of
the currently obtained file material, with the numbered pages and an overview of the file contents, verified by the law
enforcement authority. The submission of the file to the competent authority may not be an obstacle for the smooth conduct in
the matter.
(5) The judge for the preliminary hearing or the presiding judge, who acts on the petition or the complaint, may
consent to the submission of only a relevant part of the file in cases of particularly extensive file material.
(6) An accused, who has been remanded in custody or who has been ordered for the delivery for the next execution
of custody, shall be delivered to the place of custody by members of the Police Force, Military Police or customs officers and,
within the court house, also by members of the Corps of Prison and Court Guard.
Section 73
Warrant for Arrest
(1) If any of the reasons of custody are given and the accused cannot be summoned, presented, or detained and thus
cannot ensure their presence at the hearing or another act, the presiding judge and, in the preliminary hearing and upon the
petition of the public prosecutor, the judge for the preliminary hearing shall issue a warrant for the arrest of the accused.
(2) The warrant for the arrest, in addition to providing information that the accused will not be confused with another
person, must include a brief description of the act for which the accused is being prosecuted, the legal qualification of such act,
and the reasons for which the warrant for arrest is being issued.
(3) The arrest is conducted on the basis of the warrant by members of the Police Force, Military Police and customs
officers, who are also obliged to track down the residence of the accused, if such is necessary for the performance of the
warrant.
(4) The authority that arrested the accused on the basis of a warrant is obligated to immediately deliver the accused
to the court where the judge issued the warrant, within no more than 24 hours. Failure to do so will result in the immediate
release of the accused to liberty.
(5) The presiding judge or, in the preliminary hearing, the judge for the preliminary hearing which accepted the
arrested accused, must interrogate the accused within 48 hours, and in the case of particularly serious crimes within 72 hours
from their acceptance, and decide on their remand in custody or to release them to liberty; at the same time, it shall proceed
pursuant to Section 72 Subsection 2. If the resolution on raising accusations against the accused has not yet been announced
in the proceedings, the judge for the preliminary hearing shall serve them a copy of the resolution prior to the interrogation; the
serving performed by the judge for the preliminary hearing has the same effect as the announcement of the resolution by an
authority that issued the resolution on the raised accusations and the accused may file a complaint against it even into the
transcript on the interrogation before the judge for the preliminary hearing. If the public prosecutor was not present at the
interrogation, the judge for the preliminary hearing shall serve them a transcript on the interrogation of the accused.
(6) The custody of the arrested accused shall be decided on by the presiding judge and, in the preliminary hearing,
the judge for the preliminary hearing through a resolution.
(7) The presiding judge shall decide to release the arrested accused to liberty by an order, which must be issued in
writing and must be adequately justified. In the preliminary hearing, the judge for the preliminary hearing shall decide on the
release of the arrested accused to liberty due to expiry of the deadlines under Subsection 5 by an order, which must be issued
in writing and adequately justified; the release of the arrested accused to liberty for other reasons shall be decided by a
resolution, which shall be included in the transcript on the action in full with a justification and instruction.
(8) Repealed from 1 February 2009.
Section 74
Notification of Remand in Custody, Release from Custody or Escape from Custody
(1) The court and, in the preliminary hearing, the judge for the preliminary hearing, shall notify the family member of
the accused or another person that was indicated by the accused and their defence counsel without any undue delay on the
remand in custody; another person that is identified by the accused may be notified only if it does not obstruct the purpose of
the custody. The service or higher authority must also be notified on the remand into custody of a member of the Armed Forces
or Armed Corps, or a member in active duty. If the accused is registered in the unemployment register, the relevant authority
where the accused is registered shall also be notified on their remand into custody. Unless an international treaty stipulates
otherwise, the court and, in the preliminary hearing, the judge for the preliminary hearing, shall also notify the embassy of the
State, which the foreign person is the citizen of or on which territory they have their permanent residence, on remand of the
foreign person into custody.
(2) The law enforcement authority or the court shall notify the victim or the witness in an appropriate manner in cases
referred to in Section 46 Subsection 8 and 9 and Section 139 on the release of the accused from custody or on their escape
from custody, no later than on the day when it learned of such facts.
Section 75
Notification of the Penitentiary on Custody
(1) The relevant penitentiary must be promptly and timely notified of,
a) the remand of the accused in custody,
b) the amendment of the reasons for custody,
c) decisions on the further custody of the accused,
d) the decision to release the accused from custody,
e) the legal qualification of the criminal offences for which the accused is prosecuted, or of their change,
f) the names and addresses of the defence counsel who represents the accused,
g) personal data of the co-defendant if they are in custody,
h) the referral of the matter to another law enforcement authority or a court,
i) an indictment, the submission of a petition for the approval of an agreement of guilt and punishment, the withdrawal of an
indictment by the public prosecutor or the final decision of the court on the return of the matter back to the public prosecutor for
further investigation, and of refusal of the indictment .
(2) Notifications under Subsection 1 shall be performed by the public prosecutor or the court which shall perform the
proceeding at the time when the fact that must be announced to the penitentiary occurred; the return of the matter back to the
public prosecutor for further investigation or refusal of the indictment shall be announced by the court where such decision was
made final in the proceedings.
Duration of Custody
Section 76
(1) The custody within the basic or extended term of the custody in the preliminary hearing and the custody in
proceedings before the court may last only for the necessary period.
(2) The basic term of custody in the preliminary hearing is seven months; the public prosecutor is obliged to release
the accused to liberty no later than on the last day of such period, unless they file an indictment, petition for the approval of the
agreement on guilt and punishment at least twenty working days before its expiry, or a petition for the extension of such term to
the judge for the preliminary hearing.
(3) The court or the judge for the preliminary hearing shall decide on the custody or the petition of the public
prosecutor for an extension of the custody term in the preliminary hearing so that in the case of a submission of a complaint
against the decision, the file can be submitted to the higher court no later than five working days before the expiry of the period
which was the term of custody in the preliminary hearing, or before the expiry of the term of custody in the preliminary hearing;
the higher court shall decide before the expiry of the term that was the term of the custody in the preliminary hearing or the term
that is to be extended, otherwise, the presiding judge of the higher court shall release the accused from custody to liberty by a
written order which must be adequately justified. The term of the custody may be extended only if the petition under Subsection
2 was submitted on time and if, due to the difficulties of the case or other serious reasons, it was not possible to terminate the
criminal prosecution and the release of the accused to liberty would mean a risk that the purpose of the criminal proceedings
could be impeded or significantly obstructed. The extension of the term of custody may last up to seven months, however the
term of custody in the preliminary hearing may not exceed the period under Subsection 7. In the withdrawal of the petition of the
public prosecutor for the extension of the term of custody, it shall proceed under Section 72 Subsection 3 accordingly.
(4) If it was decided that the term of custody of the accused should be extended, in the preliminary hearing the public
prosecutor is obligated to proceed under Subsection 2 after each decision, and the court or the judge for the preliminary hearing
shall proceed under Subsection 3.
(5) If an indictment or a petition for the approval of an agreement on guilt and punishment was filed without the prior
release of the accused to liberty by the public prosecutor and the deadline of twenty working days as referred to in Subsection 2
or 4 was not observed, the presiding judge shall immediately release the accused from custody to liberty by a written order,
which must be reasonably justified; similarly, the judge for the preliminary hearing shall proceed if a petition for the extension of
the term of custody was submitted in the preliminary hearing and the deadline of twenty working days under Subsection 2 or 4
was not observed.
(6) The total term of custody in the preliminary hearing, together with the custody in the proceeding before the court
must not exceed
a) twelve months, if a criminal prosecution for an offence is being conducted,
b) thirty-six months, if a criminal prosecution for a crime is being conducted,
c) forty-eight months, if a criminal prosecution for a particularly serious crime is being conducted.
(7) From the periods referred to in Subsection 6, for the preliminary hearing falls a maximum of
a) seven months, if a criminal prosecution for an offence is being conducted,
b) nineteen months, if a criminal prosecution for a crime is being conducted,
c) twenty-five months, if a criminal prosecution for a particularly serious crime is being conducted.
The provisions under Section 78 shall not be affected.
(8) If the accused is prosecuted in the same action for more criminal offences, the act that is most severely punishable
is decisive in the determination of the period referred to in Subsection 6; however, the decision on custody must apply to the
merits of such act when defining the reasons for the custody. If it is necessary to achieve this purpose, the court and, in the
preliminary hearing upon the petition of the public prosecutor, the judge for the preliminary hearing, may decide on the change
of the reasons for custody.
(9) If during the proceedings it emerges that the act for which an accusation was raised is a different criminal offence
and the term of the already performed custody has already exceeded the period referred to in Subsection 6 or 7, the accused
must be released from custody to liberty by a written order from the presiding judge and, in the preliminary hearing, the public
prosecutor which must be justified, no later than 24 hours of the notification to change the legal classification of the action, even
if any of the reasons for custody still remain; the presiding judge shall act on the basis of a court decision.
(10) The periods referred to in Subsection 6 and 7 commence from the date of detention or the arrest of the accused;
if there was no preceding arrest or detention of the accused then from the date on which the restriction of the personal liberty of
the accused based on the decision on custody occurred. In cases of refusal of the indictment and the return of the matter to the
public prosecutor for an action on an agreement of guilt and punishment, the return of the matter to the public prosecutor for a
preliminary hearing under Section 334 Subsection 3, the rejection of the petition for an agreement on guilt and punishment
under Section 331 Subsection 1 Paragraph b) or in cases of a return of the matter to the public prosecutor into the preliminary
hearing, or if the public prosecutor withdrew the indictment or petition for an approval of an agreement on guilt and punishment,
then the new basic seven month term of custody shall be within the period referred to in Subsection 7 from the date when the
file was delivered to the public prosecutor.
Section 76a
If there is a criminal prosecution for a particularly serious crime, for which a prison sentence of 25 years or a life
prison sentence may be imposed, which, due to the seriousness of the matter or due to other serious reasons could not be
completed before the expiry of the overall term of custody in the criminal proceeding and the release of the accused to liberty
would mean a risk that the purpose of the criminal proceeding would be impeded or significantly obstructed, the court may
decide on the extension of the overall term of custody in the criminal proceeding to the necessary period and do so even
repeatedly. The overall term of custody in criminal proceedings, together with its extension under the preceding sentence shall
however not exceed sixty months.
Section 77
(1) The period during which the accused could not participate in criminal proceeding acts due to the fact that
a) they were in custody abroad or were detained there,
b) they were intentionally harmed or had their health harmed, or
c) they intentionally create another obstacle, which prevents them in such participation or prevents the performance of the
action of the criminal proceedings shall not be included into the expiry of the periods under Section 76 Subsection 6 and 7.
(2) The presiding judge and, in the preliminary hearing upon the petition of the public prosecutor, the judge for the
preliminary hearing shall issue a resolution under Subsection 1. A complaint against such decision is admissible.
(3) The term of custody that was decided on in the extraordinary appeals procedure under Section 380 Subsection 2
or Section 403, shall proceed individually and independently from the length of the term of custody in the original proceedings.
Section 78
Section 76 Subsection 1 through 5 and Subsection 8 through 10 shall apply to the term of custody for the reasons
under Section 71 Subsection 2. The term of custody for the reasons under Section 71 Subsection 2 together with the already
performed custody under Section 71 Subsection 1, may exceed the periods referred to in Section 76 Subsection 7 in the
preliminary hearing only to the extent of the new basic seven month term of custody for the reasons under Section 71
Subsection 2; the overall length of the term of custody under Section 71 Subsection 2, together with the already performed
custody under Section 71 Subsection 1, may not exceed the periods referred to in Section 76 Subsection 6, except for the
extension under Section 76a.
Section 79
(1) If the reason for custody, the reason for its further continuance, or a period referred to in Section 76 Subsection 6
or 7, or Section 78 expires, the accused must be immediately released from custody. It shall be decided on in the preliminary
hearing by the public prosecutor.
(2) The police officer, public prosecutor, judge for the preliminary hearing and the court are obligated to examine the
criminal prosecution or whether the reasons for custody remain, or whether they changed in any period. The judge for the
preliminary hearing shall thus proceed only in the decision making on the petition of the public prosecutor for the extension of
the custody term or on the change of reasons for the custody, and in the decision making on the request of the accused for their
release from custody under Subsection 3. If the public prosecutor ascertains that during the preliminary hearing the reasons for
custody have changed, they shall submit a petition to the judge for the preliminary hearing on the decision to change the
reasons for custody. The judge for the preliminary hearing shall decide on such petition without undue delay. If the court
pronounces an acquittal, the presiding judge shall immediately issue an order to release the accused from custody, stating the
reason for release and recording such fact in the transcript; the presiding judge shall proceed this way even if the term of
custody under Section 76 Subsection 6 expired during the court proceedings.
(3) The accused has the right to request their release from custody at any time. If, during the preliminary hearing, the
public prosecutor fails to comply with such request, they shall submit it together with their opinion and the petition for the
decision to the judge for the preliminary hearing without undue delay, which they shall then notify the accused and their defence
counsel on. They must decide on such request without any undue delay. If the request was rejected, the accused may, unless
they specify different reasons in it, repeat it after a period of thirty days from the date when the decision on their previous
request became valid.
(4) If the public prosecutor agrees to release the accused to liberty, the presiding judge may, in proceedings before
the court, release the accused from custody by an order, which must be issued in writing and must be adequately justified; the
public prosecutor shall similarly decide if they proceed under the second sentence of Subsection 1.
Division II
Replacement of Custody
Section 80
Replacement of Custody with Guarantees, Promises and Supervision
(1) If the reasons for custody under Section 71 Subsection 1 Paragraphs a) or c) are given, the court and, in the
preliminary hearing, the judge for the preliminary hearing may leave the accused at liberty or release them to liberty, if
a) a public interest group or a trustworthy person offers to assume the guarantee for the future behaviour of the accused and for
the fact that the accused shall be presented before the police officer, public prosecutor or a court upon a summons, and that
they will always notify the police officer, public prosecutor or the court of their absence from their place of residence, and the
court or, in the preliminary hearing, the judge for the preliminary hearing deems the guarantee, given the character of the
accused and the nature of the heard case, sufficient and acceptable,
b) the accused gives a written promise to lead an orderly life, particularly not to commit criminal activities, and to fulfil the
obligations and comply with the restrictions that are imposed upon them, and the court or, in the preliminary hearing, the judge
for the preliminary hearing deems the promise, given the character of the accused and the nature of the heard case, sufficient
and acceptable, or
c) with regards to the character of the accused and the nature of the heard case, the purpose of the custody may be achieved
with the supervision of the probation and mediation officers over the accused.
(2) The court and, in the preliminary hearing, the judge for the preliminary hearing, shall notify the person who offers
the assumption of guarantees under Subsection 1 Paragraph a) and fulfils the terms for its acceptance on the nature of the
accusations and the facts justifying the custody; they shall instruct the accused on the guarantee. Simultaneously, the court and,
in the preliminary hearing, the judge for the preliminary hearing, may impose the fulfilment of reasonable obligations and
compliance with the restrictions upon the accused. If the accused is being prosecuted for a particularly serious crime, the
reason for custody under Section 71 Subsection 2 Paragraph a) through c) or e) is given, or the accused was remanded in
custody under Subsection 3 or pursuant to Section 81 Subsection 4, they may accept the guarantee or promise or impose the
supervision only if the exceptional circumstances of the case justify it. The accused shall always have an obligation imposed
upon them to notify a police officer, public prosecutor, or the court that conducts the proceeding of any change of residence.
(3) If the accused was left at liberty or released to liberty under Subsection 1 and the public interest group or
trustworthy person that offered the assumption of the guarantees justifiably deviates from the guarantee, the accused violates
the given promise or fails to fulfil obligations, or violates the restrictions imposed to them by a court and, in the preliminary
hearing, the judge for the preliminary hearing, or a probation and mediation officer announces that the supervision failed to fulfil
its purpose, the court may, if there is a reason for custody under Section 71, remand the accused into custody and for that
purpose, where appropriate, the presiding judge may even issue an arrest warrant; in the preliminary hearing, the police officer
and the public prosecutor shall proceed under Section 86 and Section 87 Subsection 1 and the judge for the preliminary hearing
shall proceed under Section 87 Subsection 2, or under Section 73. If the accused was remanded in custody after the previous
release from custody to liberty, Section 78 shall apply to further custody.
(4) If the accused was remanded in custody in another case during supervision by the probation and mediation officer,
the performance of the supervision shall be suspended. This does not concern the court or, upon the petition of the public
prosecutor, the judge for the preliminary hearing under Subsection 3.
Section 81
Bail
(1) If the reason for the custody referred to in Section 71 Subsection 1 Paragraphs a) or c) is given, the court and, in
the preliminary hearing, the judge for the preliminary hearing, may decide to leave the accused at liberty or release them from
custody even if the accused paid the bail and the court or the judge for the preliminary hearing accepted it. If the accused is
being prosecuted for a particularly serious crime, the reason for custody under Section 71 Subsection 2 Paragraphs a) through
c) or e) is given, or the accused was remanded in custody under Subsection 4 or pursuant to Section 80 Subsection 3, they may
only accept the bail if the exceptional circumstances of the case justify it. The accused shall always have an obligation imposed
upon them to notify a police officer, public prosecutor, or the court of any change of residence. Another person may pay the bail
with the consent of the accused but, prior to its acceptance, they must be instructed on the nature of the accusations and the
facts for which there are reasons for custody. The accused and the person who paid the bail must be advised in advance on the
reasons for which the bail may belong to the State.
(2) In regards to the character and the financial circumstances of the accused or those who offer to pay the bail for
them, the nature of the act, its consequences and other circumstances of the case, the presiding judge or, in the preliminary
hearing, the judge for the preliminary hearing, shall
a) determine the amount of bail and the manner of its payment and they shall serve the measure to those who are to pay the
bail within the procedure under Section 72 Subsection 2 or Section 302 Subsection 2 through a measure, or
b) proceed under Section 72 Subsection 2 or Section 302 Subsection 2 without the issue of such measure.
(3) The court and, in the preliminary hearing upon the petition of the public prosecutor, the judge for the preliminary
hearing shall decide that the bail belongs to the State, if the accused
a) flees, hides, or fails to notify on their change of residence, and thus prevents the delivery of the summons or other documents
of the court, public prosecutor, or police officer,
b) affects the witnesses, experts, co-defendants or if they otherwise impede the clarification of facts important to the criminal
prosecution,
c) deliberately fails to attend the summons for an act of the criminal proceedings, the performance of which is impossible without
their presence,
d) continues in the criminal activity or attempts to complete a criminal offence which they initially failed to complete or which they
premeditated or threatened to perform,
e) fails to fulfil the obligations or fails to comply with the restrictions which were imposed upon them by the court and, in the
preliminary hearing, the judge for the preliminary hearing, or
f) avoids the enforcement of the imposed prison sentence or a monetary penalty or the execution of an alternative prison
sentence for a monetary penalty.
(4) If the accused was left at liberty or released to liberty under Subsection 1 and any of the circumstances under
Subsection 3 arise, the court may take the accused into custody if there are reasons for custody under Section 71 and for that
purpose, the presiding judge, where appropriate, may even issue a warrant for arrest; the police officer and the public
prosecutor proceed in the preliminary hearing under Section 86 and 87 Subsection 1 and the judge for the preliminary hearing
proceeds under Section 87 Subsection 2, or under Section 73. If the accused was remanded in custody after their previous
release from custody to liberty, for a further term of custody, Section 78 shall apply.
(5) The court and, in the preliminary hearing, the judge for the preliminary hearing that decided on the acceptance of
bail, or if the reasons expired or changed that lead to its acceptance, shall revoke the bail upon a petition by the public
prosecutor, the accused, or the person who paid it. If the accused was finally convicted to a prison sentence or a monetary
penalty, or punishment by community service, the court may decide that the bail shall last to the date when the convicted person
starts serving the prison sentence, or pays the monetary penalty, or performs the punishment by community service or pays the
costs of the criminal proceedings. The accused, who was finally convicted to a monetary penalty, may also request that the
guarantee which they paid be used for the payment of a monetary penalty or the satisfaction of the granted entitlement for
damages.
(6) A complaint against the decision under Subsection 3, which has a suspensive effect, is admissible.
Section 82
Reasonable Obligations and Restrictions
(1) If the judge for the preliminary hearing or the court decided under Section 80 or 81 that the accused shall be left at
liberty, or that they shall be released from custody to liberty, to strengthen the purpose that could otherwise be reached through
custody, the authority deciding on the custody may simultaneously impose one or more appropriate restrictions or obligations, in
particular
a) a ban on travel abroad,
b) a prohibition on engaging in an activity in which a criminal offence was committed,
c) a ban on visiting designated places,
d) the obligation to surrender a legally possessed weapon,
e) a prohibition of absence from the place of residence or dwelling, except for defined terms,
f) an obligation to regularly attend a public authority appointed by the court,
g) a driving ban and transfer of the driving licence,
h) a prohibition of contact with certain persons or a prohibition of intentional approach of a certain person for a distance of less
than five meters, or
i) the obligation to pay the funds to ensure the entitlement of the victim to damages.
(2) The judge for the preliminary hearing shall, upon the petition of the public prosecutor, the accused or a probation
and mediation officer, revoke or change the obligations and restrictions and, in proceedings before the court, the court even
without such petition.
(3) The fulfilment and inspection of the imposed obligations and restrictions shall be performed by the probation and
mediation officer appointed by the court.
Section 83
Complaint against the Decision on Custody
(1) A complaint against the decision on custody is admissible. A complaint is not admissible if the custody is decided
by the court of appeals or the court of appellate review, unless this Act stipulates otherwise.
(2) The public prosecutor may file a complaint against the resolution on the non-remand into custody or the resolution
on the release of the arrested accused to liberty only immediately after the pronouncement of the resolution; this shall also apply
to the submission of a complaint by the accused, the defence counsel of an accused juvenile or the public prosecutor against a
decision on custody, if the court or the judge for the preliminary hearing decided under Section 76 Subsection 3 or 4, the
provisions of Section 186 Subsection 2 shall not apply.
(3) A suspensive effect applies only to the public prosecutor’s complaint against the decision on the release of the
accused from custody or against the decision by which the term of custody was not extended. However, if the public prosecutor
was present during the pronouncement of such decision, their complaint has a suspensive effect only if it was submitted
immediately after the pronouncement of the decision.
Section 84
Restrictions of the Accused Serving a Prison Sentence
(1) If there is a criminal prosecution against the accused serving a prison sentence, and if any of the reasons for
custody are given, the court and, in the preliminary hearing upon the petition of the public prosecutor, the judge for the
preliminary hearing shall decide on the reasons, contents and duration of the necessary restrictions applied against them.
(2) The imposed restrictions must not be more serious than those which the accused would otherwise be subjected to
in custody.
(3) The provisions of Section 76 through 78 and Section 82 shall be reasonably applied to the proceedings on
restrictions and their validity.
Division III
Detention
Section 85
Detention and Restriction of the Personal Freedom of Suspects
(1) A person suspected of committing a criminal offence may, if there is reason for the custody under Section 71
Subsection 1 or in the case of a suspect under Section 204 Subsection 1, be apprehended and detained by a police officer even
if there has not been an accusation made against them. Detention requires the prior consent of the public prosecutor. The
detention may be made without such consent only if the matter is urgent and the consent cannot be obtained in advance,
especially if such person was caught committing a criminal offence or if they were apprehended on the run.
(2) The personal freedom of a person who was caught committing a criminal offence or immediately thereafter may be
restricted by anyone if it is necessary to establish their identity, to prevent their escape, to secure evidence, or to prevent the
commission of further criminal activity. However, they are obligated to immediately surrender such person to the Police Force,
department of the Military Police, or the department of the Customs Administration.
(3) The police officer that performed the detention, or to whom the apprehended person was surrendered to under a
special Act, or to whom a person caught during the commission of a criminal offence under Subsection 2 was surrendered to,
shall immediately report the performed detention to the public prosecutor and record it in a transcript where they should indicate
the place, time of detention, or acceptance of such person and further circumstances of the detention, as well as the reasons for
detention. They shall also state the personal data of the detained person. The copy of the transcript shall be served to the public
prosecutor without undue delay.
(4) The police officer that performed the detention, or to whom the apprehended person was surrendered to under a
special Act, or to whom a person caught during the commission of a criminal offence under Subsection 2 was surrendered, shall
instruct them on the reasons for the detention and interrogate them without undue delay; if the suspicion is no longer justified or
the reasons for the detention expired due to another reason, they shall immediately release them to liberty by a written
measure. If the detained person is not released to liberty, they shall raise an accusation against them and interrogate them.
After their interrogation, they shall submit the file to the public prosecutor so they could possibly file a petition for remand to
custody or the procedure under Section 204 Subsection 1. The police officer and the public prosecutor shall thus proceed so
that it would be possible to refer the detained person to the court no later than within 48 hours from their detention or
apprehension under a special Act or acceptance under Subsection 2, otherwise the detained person must be released to liberty
through a written order from the public prosecutor with an appropriate justification. A police officer may, with the consent of the
public prosecutor through a written order with an appropriate justification, also release the detained person.
(5) The provisions of Section 34, 121 through 124 shall apply accordingly even if the detained person is being
interrogated at a time when the accusation against them has not yet been raised.
(6) The detained person has the right to choose a defence counsel and consult them during detention without the
presence of a third party; they also have the right to require that their defence counsel is present at the interrogation pursuant to
Subsection 4, unless the defence counsel is not reachable during the period referred to in Subsection 4.
Section 86
Detention of the Accused by a Police Officer
(1) If there is any reason for custody under Section 71 and due to the urgency of the matter the decision on custody
may not be procured in advance, the police officer may provisionally detain the accused themselves. The police officer shall
instruct the detained accused on the reasons for the detention and interrogate them without undue delay. At the same time, they
are obligated to inform the public prosecutor of the performed detention without undue delay and submit a copy of the transcript
to them that was written during the detention, as well as additional files for the decision on the submission of the petition for
remand in custody. The petition must be submitted so that the accused could be referred to the court within 48 hours from the
detention, otherwise they must be released to liberty.
(2) If after the detention it is found that the reasons for custody under Section 71 have expired, a police officer upon
the consent of the public prosecutor may release the accused to liberty through a written measure, otherwise they shall proceed
pursuant to Section 87 Subsection 1.
Section 87
The Decision on the Detainee
(1) If the public prosecutor refers the detained person to the court under Section 85 Subsection 4 or under Section 86
Subsection 1, the submitted indictment or the petition for the remand in custody shall be accompanied by the currently obtained
file; otherwise, they shall order the release of the detained person to liberty through a written order with an appropriate
justification.
(2) The judge for the preliminary hearing is obligated to hear the detained person within 48 hours, and in particularly
serious crimes within 72 hours, from the acceptance of the detained person under Subsection 1 and the receipt of the public
prosecutor’s petition on the remand in custody and decide on their remand in custody or on their release to liberty if they
decided through a resolution on the non-remand into custody under Section 72 Subsection 3. Otherwise, they shall release
them to liberty through an order that must be in written form and appropriately justified. If the judge for the preliminary hearing
accepted the accused in the procedure under Section 204 Subsection 1, and the public prosecutor failed to file a petition on the
remand in custody together with the indictment, the judge for the preliminary hearing shall release the detained person to liberty
through a written order while stating the reasons for the release, after the priority and urgent performance of acts under Section
348 Subsection 1 Paragraphs a) or b), no later than 48 hours from the acceptance of the accused and the receipt of the
indictment; if the public prosecutor filed the petition for remand in custody along with the indictment, the judge for the preliminary
hearing shall proceed with priority and in a timely manner under Section 348 Subsection 1 Paragraphs a) through d).
Section 88
Provision of a Witness
(1) A witness who despite being duly summoned to the proceedings before the court failed to attend without an
excuse, the warrant for whose presentation expired and whose presence cannot be otherwise provided, the resolution of the
court may for such purpose order that their personal freedom is restricted and that they are presented before the court by a
member of the Police Force or Military Police; the resolution of the court shall be recorded in the transcript of the action in full,
and the witness shall be notified of it at the hearing.
(2) Before the decision under Subsection 1, the presiding judge shall request the party which proposed the
interrogation of the witness to state the facts and questions for which the witness is to be interrogated.
(3) The witness’ restriction of personal freedom under Subsection 1 may only take the time necessary to perform the
act, no more than 72 hours, of which 24 hours is accounted for their presentation and 48 hours for their interrogation by the
presiding judge who decided on it under Subsection 1. The public prosecutor and the accused shall be appropriately notified of
it, and also the accused’s defence counsel if they have one.
(4) After the interrogation of the witness, the witness shall be served the summons to the court proceeding or their
address where the summons is to be sent shall be requested. If a witness fails to appear in the proceedings before the court
again, the presiding judge may, instead of their interrogation, read their testimony made under Subsection 1 and 2 even without
satisfying the terms set out in Section 263; this does not apply, if the public prosecutor, the accused and also the accused’s
defence counsel, if they have one, were not notified of the interrogation, unless the notification could not be ensured. A
transcript, which shall be kept in the file, shall be made of such act.
(5) If the witness, whose personal freedom was restricted, cannot be presented before the presiding judge under
Subsection 3, they shall be presented before a different judge of the same court who shall proceed under Subsection 1, 3 and 4.
(6) A complaint against the decision under Subsection 1 is admissible.
Division IV
Release, Seizure and Acceptance of Items, Storage and Disclosure of Computer Data
Section 89
Obligation to Release Items
(1) Whoever possesses an item important to the criminal proceedings is obligated to submit it to the court, public
prosecutor, or police officer when prompted; if the purpose of the criminal proceedings requires its seizure, they are obligated to
release such item to the authorities when prompted. When prompted, it is necessary to advise them that if they fail to comply
with the call, the item may be seized from them, as well as on the other consequences of non-compliance.
(2) The obligation under Subsection 1 shall not apply to a document or another item whose content relates to the
circumstances of the ban on interrogation, unless they were exempt from the obligation to keep the matter secret or confidential.
(3) Prior to the onset of the criminal prosecution the presiding judge and, in the preliminary hearing, the public
prosecutor or the police officer, are entitled to prompt the release of an item.
Section 90
Storage and Disclosure of Computer Data
(1) If the storage of the stored computer data is necessary for the clarification of the facts necessary for the criminal
proceedings, including operating data that is stored through a computer system, the presiding judge and, before the onset of the
criminal prosecution or in the preliminary hearing, the public prosecutor, may issue an order that must be justified even by the
merits, to the person who possesses or controls such data, or the provider of such services to
a) store such data and maintain the integrity thereof,
b) allow the production or retention of a copy of such data,
c) render access to such data impossible,
d) remove such data from the computer system,
e) release such data for the purposes of the criminal proceedings.
(2) In the order under Subsection 1 Paragraphs a) or c), a period during which the data storage shall be performed
must be determined. This period may be up to 90 days, and if its re-storage is necessary, a new order must be issued.
(3) If the storage of the computer data, including the operating data for the purpose of the criminal proceedings, is no
longer necessary, the presiding judge and, before the onset of the criminal prosecution or in the preliminary hearing, the public
prosecutor, shall issue an order for the revocation of the storage of such data without undue delay.
(4) The order under Subsection 1 through 3 shall be served to the person who possesses or controls such data, or to
the provider of such services, and they may be imposed an obligation to maintain the confidentiality of the measures specified in
the order.
(5) The person who possesses or controls the computer data shall release such data or the provider of services shall
issue the information regarding the services that are in their possession or under their control to those who issued the order
under Subsection 1 or to the person referred to in the order under Subsection 1.
Section 91
Seizure of Items
(1) If an item important to the criminal proceedings or computer data is not released when those who have it in their
possession are prompted, it may be removed from their possession on the warrant of the presiding judge and, in the preliminary
hearing, the public prosecutor or police officer. The police officer needs have the prior consent of the public prosecutor for the
issue of such warrant.
(2) If the authority that issued the warrant for the seizure of the items does not seize such items itself, the police
officer shall do so on the basis of the warrant.
(3) Without the prior consent referred to in Subsection 1, the police officer may issue the warrant only if prior consent
cannot be achieved and the matter cannot be delayed.
(4) A person who is not involved in the matter shall take part in seizing the items where necessary.
Section 92
Acceptance of Seized Items
If it is necessary to seize an item that was seized under a special Act for the purposes of the criminal proceedings, it
should be accepted by the public prosecutor or a police officer.
Section 93
Common Provisions
(1) The transcript on the action taken under Section 89 through 92 must include a sufficiently accurate description of
the released, seized and accepted items, or computer data that will allow their identification.
(2) The authority which performed the action shall immediately issue a written confirmation on the acceptance of the
item or computer data or a copy of the transcript to a person who released an item or computer data or from whom such item or
computer data was seized, or from whom such item or computer data was accepted. A person, whose item or computer data
was seized, shall be notified by the authority which accepted such item or computer data in writing.
Section 94
Storage of Released, Seized and Accepted Items
(1) The storage of released, seized and accepted items in the preliminary hearing shall be provided by a police officer
or public prosecutor, unless this Act stipulates otherwise. The court provides the storage of items if they were released or seized
in a court proceeding or if the court requests the released, seized or accepted items from a police officer or a public prosecutor
in a preliminary hearing because the photographic documentation, prepared expert reports, or other evidence used in the
preliminary hearing are not sufficient for the evidence; only small items, the storage of which is also provided by the court, shall
be enclosed to the indictment or the petition for the approval of an agreement on guilt and punishment as factual evidence.
(2) If the court, public prosecutor, or police officer are not able to provide the storage of the released, seized or
accepted items, they shall provide it through another public authority or legal entity, or a natural person who performs an
entrepreneurial activity in such field. If it is a real estate, in writing it may authorise such person with real estate management
and serve the resolution of the seizure of the real estate to the competent public administration authority at the department of
the Land Registry.
Section 95
Seizure of Funds
(1) If the established facts indicate that the funds in a bank account or a branch of a foreign bank or other funds are
intended for committing a criminal offence, or that they were used to commit a criminal offence, or are the proceeds of a criminal
activity, then the presiding judge and, in the preliminary hearing, the public prosecutor, may issue a warrant for the seizure of
the funds. Such warrant for seizure under the first sentence may also refer to funds additionally received in the bank account,
including accessories, if the reason for the seizure also relates to them.
(2) If the matter cannot be delayed, the public prosecutor may issue a warrant under Subsection 1 even before the
onset of the criminal prosecution. Such warrant must be confirmed by the judge for the preliminary hearing no later than within
48 hours, otherwise it shall lose validity.
(3) The warrant must be issued in writing and must be justified. It will state the amount in the relevant currency which
is subject to seizure, if it may be quantified at the time of the decision on seizure. Unless the presiding judge and, in the
preliminary hearing, the public prosecutor decide otherwise, the warrant shall prohibit any manipulation of the seized funds up to
the amount of the seizure.
(4) The seizure shall not be applied to funds that are required to satisfy the vital needs of the accused, or another
person whose funds were seized, to satisfy the vital needs of a person whose nutrition or upbringing the accused, or another
person whose funds were seized, is obligated to ensure.
(5) If the reason for the seizure of the funds has expired, the seizure shall be revoked. If the reason for the seizure of
funds at the determined amount expired, the seizure shall be restricted. The revocation and restriction of the seizure shall be
decided by a warrant from the presiding judge and, in the preliminary hearing, the public prosecutor.
(6) The warrant under Subsection 1 or 2 shall always be served to the bank, foreign bank branch or another legal
entity, or natural person who handles the funds and, after the performance of the warrant, also to the person whose funds were
seized.
(7) The seized funds can be handled only after the prior written consent of the presiding judge and, in the preliminary
hearing, the public prosecutor. As long as the seizure lasts, all legal actions and claims against the seized funds are ineffective.
(8) A person whose funds were seized has the right to request the revocation or restriction of the seizure. The
presiding judge and, in the preliminary hearing, the public prosecutor must decide on such request without undue delay. A
complaint against such decision is admissible. If the request was rejected, the person whose funds were seized, may, unless
they specify different reasons, repeat it after a period of 30 days from the date when the decision on their previous request
became valid; otherwise it shall not be performed.
(9) The provisions of Subsection 1 through 8 shall apply accordingly if it is necessary to seize funds to ensure the
claim of the victim for damages in criminal proceedings.
Section 96
Seizure of Booked Securities
(1) If the found facts suggest that the booked securities are intended for the commission of a criminal offence, were
used for the commission of a criminal offence, or are the proceeds of criminal activity, the presiding judge and, in the preliminary
hearing, the public prosecutor may issue a warrant for the registration of the termination of the rights to handle the securities.
(2) If the matter cannot be delayed, the public prosecutor may issue a warrant under Subsection 1 even before the
onset of the criminal prosecution. Such warrant must be confirmed by the judge for the preliminary hearing no later than within
48 hours, otherwise it shall lose validity.
(3) The warrant shall be served to those that registered the booked securities and after the performance of the
warrant also to the holder of the booked securities. The owner of the booked security has the right to request the revocation of
the seizure; such a request must be justified.
(4) If the seizure of the booked securities for the purposes of the criminal proceedings is no longer necessary, the
presiding judge and, in the preliminary hearing, the public prosecutor, shall give an order for the registration of the revocation of
termination of the right to handle the securities.
(5) The warrant under Subsection 1 and 2 must be issued in writing and must be justified.
(6) The provisions of Subsection 1 through 5 shall apply accordingly if it is necessary to seize booked securities to
ensure the claim of the victim for damages in criminal proceedings.
Return of Items
Section 97
(1) If an item, which was released pursuant to Section 89, seized pursuant to Section 91, or accepted pursuant to
Section 92, is no longer necessary for further proceedings and if its forfeiture or confiscation does not come into consideration,
the item shall be returned to the person from whom it was seized under a special Act. If another person claims their right to it,
then it shall be released to the owner of the item or the entitled holder whose rights to the item cannot be doubted. If there are
doubts, the items shall be stored under Section 94 and the person who claims the item shall be advised to apply for the claim to
it in civil proceedings. If a person who is the owner of the item or is its legal holder fails to collect it despite calls, or the person
who claims the item fails to apply for such claim in civil proceedings within a reasonable deadline, the item shall be sold and the
amount obtained for its sale shall be kept in store by the court. Such person must be instructed on the possibility of such
procedure. The authority pursuant to Subsection 4 or another public authority or legal entity based on its measure under Section
94 Subsection 2 shall sell the item, while they are obligated to proceed with the sale with appropriate care so that the item can
be sold for a price that is the same or comparable to the price of an item that is currently being sold at the time and place of the
storage of the item; the authority referred to in Subsection 4 may decide through a measure on the sale of the item through
another public authority or a legal entity under Section 94 Subsection 2 only on the basis of their prior consent.
(2) The procedure under Subsection 1 shall apply to the return of released computer data accordingly.
(3) If there is a risk that the item that could not be returned or released under Subsection 1 could fall into disrepair, it
shall be sold and the amount obtained for it shall be stored. Subsection 1 shall apply to the sale accordingly.
(4) The presiding judge and, in the preliminary hearing, the public prosecutor or a police officer shall make decisions
under Subsection 1 through 3. A complaint against the resolution on the return and release of items, which has a suspensive
effect, is admissible; a complaint against any other resolution is not admissible.
Section 98
(1) If the accused released an item or it was seized from them, which they obtained or probably obtained through the
commission of a criminal offence or which was used to commit a criminal offence, and either it is not known to whom the item
belongs or the residence of the victim is unknown, the description of such item shall be announced publicly. The announcement
shall be performed to trace the victim in the most efficient manner, together with a call for the victim to report within six months
from the announcement. In the case of an accepted seized item, it shall also be proceeded accordingly.
(2) If a person other than the accused applied a claim to an item during the period under Subsection 1, it shall
proceed under Section 97 Subsection 1. If no one else applied a claim to the item, the item, or if in the interim the item has
already been sold due to the risk of falling into disrepair, the amount obtained for it shall be released to the accused upon their
request, unless it is an item that they obtained through a criminal offence. If the accused fails to request the return of the item, it
shall proceed under Section 97 Subsection 1. This shall not affect the right of the owner to request the release of the amount
obtained for the sale of the item.
(3) If it is a worthless item or an item of minor value, it can be destroyed even without the prior announcement of its
description.
(4) The presiding judge and, in the preliminary hearing, the public prosecutor, or a police officer, shall take the
measures and make decisions under Subsection 1 through 3.
(5) A complaint against a resolution on the release of items or transfer of the items to the competent authority under
special regulations for the implementation or the destruction of items, which has a suspensive effect, is admissible.
Division V
House and Personal Searches, Search of other Premises and Land Property, Entry into Dwellings, other
Premises and Land
Section 99
Reasons for House and Personal Searches and Search of other Premises and Land
(1) A house search can be conducted if there is a reasonable suspicion that the apartment or other premises serving
as a residence or premises attached to them (hereinafter referred to as “dwelling”) contains an item important for the criminal
proceedings or that a person suspected of committing a criminal offence is hiding within, or if it is necessary to perform a seizure
of movable assets to satisfy the entitlement to damages of the victim.
(2) Due to the reasons referred to in Subsection 1, a search of non-residential premises (hereinafter referred to as
“other premises”) and land that are not publicly accessible may be performed.
(3) Personal searches may be performed if there is a reasonable suspicion that someone is carrying an item important
to criminal proceedings.
(4) A detained person and a person who is arrested or taken into custody may be searched if there is a suspicion that
they are in possession of a weapon or another item that could endanger their own or someone else’s life or health.
Section 100
House Search Warrant
(1) The presiding judge and, before the onset of the criminal prosecution or in the preliminary hearing upon the
petition of the public prosecutor, the judge for the preliminary hearing, are entitled to warrant a house search. In urgent cases,
the presiding judge and, in the preliminary hearing, the judge for the preliminary hearing in whose jurisdiction the search is to be
performed may do so instead of the competent presiding judge or, in the preliminary hearing, the judge for the preliminary
hearing. The house search warrant must be issued in writing and must be justified. The warrant shall contain the description of
the item or person who is to be arrested during the house search warrant if it is known. It shall be served to the owner or user of
the dwelling during the house search and if this is not possible, then no later than 24 hours after the removal of the obstacles
that prevented the serving of the warrant.
(2) An authority that warranted the house search shall perform it without undue delay, or upon its order, a police
officer shall carry it out.
Section 101
Search Warrant of other Premises and Land
(1) The presiding judge and, before the onset of the criminal prosecution or in the preliminary hearing, a public
prosecutor or with their consent even a police officer, is entitled to warrant a search of other premises or land. The warrant must
be issued in writing and must be justified. It shall be served to the owner or user of the other premises or land, or to their
employee during the search and if this is not possible, then no later than 24 hours after the removal of the obstacles that
prevented the serving of the warrant.
(2) The authority that warranted the search of other premises or land or upon its order, a police officer, shall perform it
without undue delay.
(3) The police officer may perform a search of other premises or land without the search warrant or permission
referred to in Subsection 1 only if the warrant or permission cannot be obtained in advance and the matter cannot be delayed,
or if it is a person who was caught committing a criminal offence, or a person for whom a warrant for arrest was issued, or a
persecuted person who hides in such premises. The authority that is entitled to issue the warrant or permission under
Subsection 1 shall, however, be notified of such actions without undue delay.
Section 102
Personal Search Warrant
(1) The presiding judge and, before the onset of the criminal prosecution or in the preliminary hearing, a public
prosecutor, or with their consent even a police officer, is entitled to warrant a personal search.
(2) If the authority that warranted the personal search fails to perform it, a police officer shall perform it upon its order.
(3) Personal searches shall always be performed by a person of the same sex.
(4) A police officer may perform a personal search without the warrant or permission referred to in Subsection 1 only if
the warrant or permission cannot be obtained in advance and the matter cannot be delayed, or if it is a person who was caught
committing a criminal offence, or it is a person for whom an arrest warrant was issued. The authority that is entitled to issue the
warrant or permission under Subsection 1 shall, however, be notified of such actions without undue delay. A personal search
may also be conducted without a warrant or permission under Section 99 Subsection 4.
Section 103
Entry into Dwelling, other Premises or Land
(1) A police officer may enter a dwelling, other premises, or land only if the matter cannot be delayed, and entry is
necessary to protect human life or health, to protect the State, to maintain public order, for the protection of asset, or the rights
and freedoms of others, and in the specified territories also for the protection of nature, especially if it is a dwelling, other
premises or land of a person caught during the commission of a criminal offence.
(2) The places referred to in Subsection 1 may be entered by a police officer, member of the Police Force, Military
Police or customs authority if an arrest warrant or a warrant for the presentation to commence serving a prison sentence of a
person who lives there was issued, or if it is necessary to present an accused or a witness who lives there.
(3) After entering the premises referred to in Subsection 1, only those acts which cannot be deferred may be
performed, or acts for the presentation of a person, including the procedure pursuant to Section 99 Subsection 4.
Section 104
Previous Call
(1) A house search, personal search or search of other premises or land may be performed only after the prior call of
those that such action involves, and only if the voluntary release of the sought item or the elimination of the reasons that led to
such action cannot be achieved.
(2) The procedure under Subsection 1 is not required if a serious obstacle prevents it and the matter cannot be
deferred, or if the previous call was clearly unsuccessful.
Enforcement of Searches and Entries into Dwellings, other Premises and Land
Section 105
(1) The authority carrying out the house search or the search of other premises and land is obligated to allow the
presence of a person who is subject to the action or any adult member of their household or, in the case of the search of other
premises, also their employees. They are obligated to instruct such persons on the right to be present during the search.
(2) A person that is not involved in the matter shall be taken along for the house and personal search. The authority
performing the search must prove its permission.
(3) The participation of persons referred to in Subsection 1 during a house search or the search of other premises or
land may be denied and a person referred to in Subsection 2 not taken along if the circumstances of the case justify the
assumption that it could endanger their life or health.
(4) The transcript on the search should also include whether compliance with the provisions of the prior call was
fulfilled or an indication of the reasons for non-compliance. If the release or seizure of items occurred during the search, the
information referred to in Section 93 shall also be included in the transcript.
(5) An authority that performed such act shall immediately, and if it is not possible then no later than 24 hours after the
search or after the removal of the obstacle that prevented the fulfilment of such obligation, issue a written confirmation of the
outcome of the act, as well as on the acceptance of items that were released or seized, or a copy of the transcript to the person
who is subject to the action.
(6) Upon entering the dwelling, other premises, or land, the provisions of Subsection 1 through 5 shall apply
accordingly.
Section 106
(1) A person who is subject to the house search, search of other premises or land, personal search, body search and
other similar actions, or an entry into a dwelling is to be performed, is required to tolerate such acts.
(2) If the person against whom an action referred to in Subsection 1 is directed, or another person fails to allow the
performance of such act, the authorities performing the act are entitled to overcome the resistance of such person or an
obstacle created by them after the futile prior call. This shall be recorded in the transcript.
Section 107
Implementation of Evidence in a Dwelling, other Premises and Land
The provisions of Section 100, 101, 104 through 106 are applicable even if the places referred to in these provisions
are in need of a survey, reconstruction, recognition, on-site assessment, or examination trial, or another investigative attempt, or
another act, if the nature of such action implies that it cannot be performed elsewhere and the person whom such act involves
did not give their consent.
Division VI
Seizure, Opening and Exchange of the Contents of Consignments, Controlled Delivery and Sham Transfer
Section 108
Seizure of Consignments
(1) If it is necessary to determine the contents of undelivered telegrams, letters or other consignments for the
clarification of facts important to criminal proceedings, that originate from the accused or are addressed to them, the presiding
judge and, prior to the onset of the criminal prosecution or in the preliminary hearing, the public prosecutor, or, with their
consent, a police officer, shall issue an order for the post office or the legal entity responsible for their transportation to release
them.
(2) In criminal proceedings on crimes, corruption, a criminal offence of the abuse of authority of a public official and
the criminal offence of money laundering, the presiding judge and, prior to the onset of the criminal prosecution or, in the
preliminary hearing upon the petition of the public prosecutor, the judge for the preliminary hearing, may issue an order for the
post office or the legal entity who performs the transportation of the consignments to release the consignment for which there is
a justified suspicion that it was used for the commission of a criminal offence or it relates to such criminal offence, if it is
necessary to determine its contents to clarify the facts important to the criminal proceedings.
(3) The transport of the consignment may be detained without the warrant under Subsection 2 upon the warrant of the
public prosecutor or police officer, but only if they cannot procure the warrant under Subsection 2 in advance and the matter
cannot be deferred. If in this case, the post office or a legal entity performing the transportation of the consignments fails to
receive the warrant within three days from the presiding judge and, in the preliminary hearing, the judge for the preliminary
hearing, the post office or the legal entity may no longer delay the transportation of the consignments. Mail or another medium
of information between the defence counsel and the accused may not be detained.
(4) The warrant for the release of the consignments under Subsection 1 or 2 must be issued in written form and
always delivered to the post office or legal entity performing the transport. The warrant for the release of the consignments
under Subsection 2 must be justified.
Section 109
Opening of Consignments
(1) The consignment released pursuant to Section 108 Subsection 1 or 2 may be opened only by the presiding judge
and, in the preliminary hearing, the public prosecutor or the police officer with the prior consent of the judge for the preliminary
hearing.
(2) An opened consignment with a record of its opening shall be referred to the addressee, and if their residence is
unknown, then to any of their close persons; otherwise, the consignment is returned to the sender. However, if the consignment
is considered to be an important item for the criminal proceeding or if there is a concern that handing over or returning the
consignment could threaten to impede or obstruct the criminal proceeding, the consignment shall be attached to the file,
provided its dimensions and nature allow it; otherwise it shall be stored. The addressee shall be notified of the contents of the
consignment; this shall not apply if it could jeopardise the criminal proceeding. If the residence of the addressee is not known
and if no other obstacles prevent it, the contents of the consignment shall be announced to any of their close persons or it shall
be destroyed once it is no longer required for further proceedings and cannot be returned.
(3) If the contents of the consignment is an item referred to in Section 110 then it shall be handled under a special
Act.
(4) Consignments that are not considered necessary to open shall be immediately forwarded to the addressee or
returned to the post office or the organisation which issued it.
Section 110
Replacement of the Contents of Consignments
(1) For the purposes of identifying persons involved in the handling of a consignment containing narcotic substances,
psychotropic substances, precursors, poisons, nuclear or other radioactive materials, hazardous chemical substances,
counterfeit or altered money, counterfeit or altered securities, counterfeit, altered or illegally produced custom stamps, postal
stamps, labels and postal stamps, firearms or weapons of mass destruction, ammunition and explosives, cultural heritage items
or other items that require special permissions for their possession, items intended to commit a criminal offence, or items of a
committed criminal offence, the presiding judge and, prior to the onset of the criminal prosecution or in the preliminary hearing,
the public prosecutor, or with their consent a police officer, may order that the contents of such consignment under Section 108
Subsection 1 or 2 are replaced with a different one, and thus the altered consignment is then passed over to the next transport.
(2) The replacement shall be conducted by an authority authorised by
a) the Minister of Interior, if it concerns the Police Force,
b) the Minister of Justice of the Slovak Republic, if it concerns the Corps of Prison and Court Guard,
c) the Minister of Finance of the Slovak Republic, if it concerns the customs authorities,
d) the Minister of Defence of the Slovak Republic, if it concerns the Military Police,
e) repealed from 1 April 2009.
(3) The authority referred to in Subsection 2 shall make a record of the replacement, ensure its inclusion in the file,
and provide the storage of the replaced items or materials. The replaced items shall be treated as seized items.
(4) The provisions of Section 109 shall apply to handling of the items obtained through the replacement of the
contents of the consignment accordingly.
(5) If necessary, the procedure under Subsection 1 shall apply for a means of recording the course of action.
Section 111
Controlled Delivery
(1) Controlled delivery means the monitoring of the movement of the consignment from the sender to the addressee
during its transit, export or import, if the circumstances of the case justify the assumption that the consignment without the
necessary permits contains narcotic substances, psychotropic substances, precursors, poisons, nuclear or other radioactive
materials, hazardous chemical substances, counterfeit or altered money, counterfeit or altered securities, counterfeit, altered or
illegally produced custom stamps, postal stamps, labels and postal stamps, electronic means of payment or another payment
card or an item capable of such function, firearms or weapons of mass destruction, ammunition and explosives, cultural heritage
items or other items that require special permissions for their possession, items intended to commit a criminal offence, or items
of a committed criminal offence, for the purpose of apprehending persons who take part in the handling of such consignment.
(2) A warrant for the procedure under Subsection 1 shall be issued by the presiding judge, before the commencement
of the criminal prosecution, or in the preliminary hearing by the public prosecutor.
(3) Monitoring of the delivery shall be performed by the Police Force in cooperation with customs administration
authorities, which must be notified of such procedure in advance.
(4) The Police Force may commence the monitoring of the consignment without the warrant under Subsection 2 if the
item cannot be deferred and the warrant cannot be procured in advance. The Police Force shall notify the public prosecutor of
such act without undue delay. If the public prosecutor fails to issue a warrant under Subsection 2 within 48 hours, the monitoring
of the consignment must be terminated and the obtained information can no longer be used in further proceedings and must be
destroyed in the prescribed manner without undue delay.
(5) During the course of monitoring the consignment, the Police Force may perform the necessary measures to
ensure, with the knowledge and control of the customs administration authority, that the consignment or the items replacing it
manage to leave the Slovak Republic abroad or vice versa, or from foreign countries through the territory of the Slovak Republic
to the third State.
(6) The Police Force shall terminate the monitoring of the consignment through the written order of the public
prosecutor, and if it is clear that the handling of the consignment creates a serious danger to life or health, significant damage to
assets, or if there is a serious risk that it will not be possible to further monitor such consignment, even without the written order.
If necessary, together with the termination of the monitoring of a consignment, the Police Force shall take action against the
further detention of items that are part of the consignment; this shall not apply if the monitored consignment is in transit across
the State border and its monitoring will be assumed by the competent authority of another State within international cooperation.
(7) If necessary, the procedure under Subsection 1 shall apply for a means of recording the course of the action.
Section 112
Sham Transfer
(1) A sham transfer means the pretence of purchase, sale or another deliverable transfer method of the subject of the
performance, the possession of which requires a special permit, the possession of which is prohibited, originating from a
criminal offence or which is intended for the commission of a criminal offence. A sham transfer may be performed in the criminal
proceedings for an intentional criminal offence for which the law stipulates a prison sentence with an upper penalty limit
exceeding three years, for corruption or another intentional criminal offence the performance of which is bound by an
international treaty, if it may be reasonably expected that facts important to the criminal proceedings may be revealed by it.
(2) The presiding judge, before the commencement of the criminal prosecution, or in the preliminary hearing the
public prosecutor, shall issue a warrant for a sham transfer in writing.
(3) The sham transfer shall be performed by an authority referred to in Section 110 Subsection 2.
(4) The warrant for the sham transfer may be issued only on the basis of a written request from the police officer or an
authority referred to in Subsection 3. The request must be justified by the suspicion of a specific criminal activity and also by the
information on the persons and items which the sham transfer concerns, provided such information is known.
(5) The sham transfer may occur without the warrant under Subsection 2 only if the matter cannot be deferred and the
written warrant cannot be obtained in advance; an authority referred to in Subsection 3 is however obligated to request the
warrant without undue delay. If the warrant is not issued within 48 hours, the authority referred to in Subsection 3 is obligated to
terminate the sham transfer. If any information was obtained during such action, it may not be used, and must be destroyed in a
prescribed manner without undue delay.
(6) If the recording made during the sham transfer is to be issued as evidence, it shall proceed under Section 115
Subsection 6 accordingly.
(7) If necessary, the procedure under Subsection 1 shall apply for a means of recording the course of the action.
CHAPTER FIVE
PROVISION OF INFORMATION
Section 113
Surveillance of Persons and Items
(1) The surveillance of persons and items (hereinafter referred to as “surveillance”) means acquiring information on
the movements and activities of persons or the movement of items that is performed in a classified manner; surveillance may be
performed in the criminal proceedings on an intentional criminal offence if it can reasonably be assumed that it will reveal facts
relevant to the criminal proceedings.
(2) The presiding judge, before the commencement of the criminal prosecution, or in the preliminary hearing the
public prosecutor, shall issue a warrant for surveillance in writing.
(3) Surveillance shall be performed by a competent authority of the Police Force. If during the surveillance it is found
that the accused communicates with their defence counsel, such information obtained may not be used for the purpose of the
criminal proceedings and must be destroyed in a prescribed manner without undue delay; this shall not apply if it is about
information which relates to a matter in which the attorney does not represent the accused as their defence counsel.
(4) If it is necessary that the surveillance is performed in other premises or land that are not publicly accessible, or if
the technical information resources are to be utilised during the surveillance and the surveillance is not associated with entry
into a dwelling, the warrant for the surveillance shall be issued by the presiding judge, before the commencement of the criminal
prosecution or in the preliminary hearing, by the judge for preliminary hearing upon the petition of the public prosecutor, if the
facts important to the criminal proceedings cannot be obtained otherwise during the performance of surveillance; the warrant
shall include the indication of other premises or land that are not publicly accessible where the surveillance is to take place, and
the type of technical information resources that are to be used. If the matter cannot be deferred, the judge for the preliminary
hearing of the court under which jurisdiction the surveillance is to be performed may issue the warrant instead of the competent
judge for the preliminary hearing. Upon entering non-residential premises or land that is not publicly accessible, no action other
than that necessary to conduct the surveillance may be performed.
(5) The warrant for the surveillance under Subsection 2 may be issued only on the basis of a written request from a
police officer or the competent authority of the Police Force and, in proceedings before the court, upon the written request of the
public prosecutor. The request must be justified by the suspicion of the commission of a specific criminal activity and also by the
data on the persons and items to be surveilled, provided such information is known. The warrant must specify the period during
which the surveillance shall be performed and this must not be longer than six months. The person who issued the warrant for
the surveillance may extend the surveillance period in writing, but by no more than another six months, and they may even do
so repeatedly. If the surveillance lasts longer than twelve months, the warrant for the surveillance before the onset of the
criminal prosecution and in the preliminary hearing shall be issued by the judge for the preliminary hearing.
(6) A police officer or a competent department of the Police Force is obligated to systematically examine the duration
of the reasons that led to the issue of surveillance warrant. If the reasons have expired, the surveillance must be terminated
even before the lapse of the time specified in Subsection 5. This fact must be announced to the person who issued the warrant
in writing and, in the preliminary hearing, also to the public prosecutor without undue delay.
(7) If the matter cannot be deferred and the written warrant could not be obtained in advance, the surveillance may
commence even without a warrant, except in the cases referred to in Subsection 4. A police officer or the competent department
of the Police Force is required to additionally request the issue of the warrant without undue delay. If the warrant is not issued
within 24 hours, the surveillance must be terminated and the information thus obtained cannot be used and must be destroyed
in a prescribed manner without undue delay.
(8) If the record of the surveillance is to be used as evidence, it shall proceed under Section 115 Subsection 6.
(9) In a criminal matter other than one in which surveillance was performed, the record may be used as evidence only
if there is a criminal proceeding for an intentional criminal offence in such matter at the same time.
(10) If no facts relevant to the criminal proceedings were found during the surveillance, the record made must be
destroyed in the prescribed manner without undue delay.
(11) If necessary, the means of recording of the course of the action and technological surveillance resources may be
used in the procedure referred to in Subsection 1.
Section 114
Preparation of Video, Audio or Audiovisual Recordings
(1) In criminal proceedings for an intentional criminal offence, for which the law stipulates a prison sentence with an
upper penalty limit exceeding three years, corruption or another intentional criminal offence, the performance of which is bound
by an international treaty, a video, audio or audiovisual recording may be prepared if it may be reasonably assumed that facts
important to the criminal proceedings will be so revealed.
(2) The order for the preparation of the video, audio or audiovisual recordings shall be issued in writing by the
presiding judge, before the onset of the criminal prosecution or in the preliminary hearing, upon the petition of the public
prosecutor, by the judge for the preliminary hearing. The petition must be justified by the suspicion of the commission of a
specific criminal activity and also information on persons and items that the preparation of the video, audio or audiovisual
recordings concerns, if they are known. If it is a matter that cannot be deferred and the preparation of video, audio or
audiovisual recordings is not associated with entry into a dwelling and a written warrant from a judge for the preliminary hearing
cannot be obtained in advance, the public prosecutor may, before the commencement of the criminal prosecution and in the
preliminary hearing, issue the warrant; such a warrant must be confirmed by the judge for the preliminary hearing no later than
24 hours from its issue, otherwise it shall expire and the information obtained cannot be used for the purposes of the criminal
proceedings and must be destroyed in a prescribed manner without undue delay. The preparation of video, audio or audiovisual
recordings associated with the direct entry into a dwelling is permitted only in criminal proceedings on a crime, corruption, a
criminal offence of abuse of authority of a public official, a criminal offence of money laundering or for another intentional
criminal offence, the performance of which is bound by an international treaty, and only with the prior consent of the presiding
judge, before the onset of the criminal prosecution or in the preliminary hearing, the judge for preliminary hearing.
(3) In an order under Subsection 2, the period during which the preparation of video, audio or audiovisual recordings
shall be performed must be determined; this period may be up to six months. The person who issued a warrant for the
preparation of the video, audio or audiovisual recordings may extend its duration in writing for no more than two months, and
they may even do so repeatedly.
(4) The preparation of video, audio or audiovisual recordings shall be performed by the competent department of the
Police Force. If during the preparation of the video, audio or audiovisual recordings it is found that the accused communicates
with their defence counsel, information thus obtained may not be used for the purpose of the criminal proceedings and must be
destroyed in a prescribed manner without undue delay; this shall not apply if it is about information which relates to a matter in
which the attorney does not represent the accused as their defence counsel.
(5) A police officer or a competent department of the Police Force is obligated to systematically examine the duration
of the reasons that led to the issue of the warrant for the preparation of the video, audio or audiovisual recordings. If the reasons
expired, the preparation of the video, audio or audiovisual recordings must be terminated, even before the lapse of the time
specified in Subsection 4. This fact must be announced to the person who issued the warrant in writing and without undue
delay, and in the preliminary hearing also to the public prosecutor.
(6) If the video, audio or audiovisual recording is to be used as evidence, it shall proceed under Section 115
Subsection 6 accordingly.
(7) In a criminal matter other than one in which video, audio or audiovisual recordings were prepared, the recording
may be used as evidence only if there is a criminal proceeding for an intentional criminal offence in such matter at the same
time for which the law stipulates a prison sentence with an upper penalty limit exceeding three years, corruption, a criminal
offence of abuse of authority of a public official, a criminal offence of money laundering, or another intentional criminal offence
the performance of which is bound by an international treaty.
(8) If no facts relevant to the criminal proceedings were found during the preparation of video, audio or audiovisual
recordings, the law enforcement authority or the competent department of the Police Force must destroy such recordings in the
prescribed manner without undue delay. The transcript on the destruction of the recordings shall be entered into the file. The
authority by whose decision the matter was finally concluded and, in the proceedings before the court, the presiding judge of the
court of first instance, shall notify the person referred to in Subsection 2, who does not have the possibility of inspecting the file
under this Act, on the destruction of the recordings within three years after the final termination of the criminal prosecution in the
given matter; this shall not apply if it is performed on a particularly serious crime or a crime committed by an organised group,
criminal group or a terrorist group, or if several persons participated in the commission of the criminal offence and, in relation to
at least one, the criminal prosecution was not finally terminated, or if the provision of such information could obstruct the
purpose of the criminal proceedings.
Interception and Recording of Telecommunication Operations
Section 115
(1) In criminal proceedings on a crime, corruption, a criminal offence of abuse of authority of a public official, a
criminal offence of money laundering or another intentional criminal offence, the performance of which is bound by an
international treaty, a warrant for the interception and recording of telecommunication operations may be issued if it may be
reasonably assumed that it will aid in obtaining all the facts relevant to the criminal proceedings. If it is found during the
interception and recording of telecommunication operations that the accused has communicated with their defence counsel,
such obtained information may not be used for the purpose of the criminal proceedings and must be destroyed in a prescribed
manner without undue delay; this shall not apply if it is about information which relates to the matter in which the attorney does
not represent the accused as their defence counsel.
(2) The warrant for the interception and recording of telecommunication operations shall be issued by the presiding
judge, before the onset of the criminal prosecution, or in the preliminary hearing upon the petition of the public prosecutor, by
the judge for the preliminary hearing. If it is a matter that cannot be deferred and the interception and recording of
telecommunication operations is not associated with entry into a dwelling and a written warrant from the judge for the
preliminary hearing cannot be obtained in advance, the warrant may be issued before the commencement of the criminal
prosecution or in the preliminary hearing by the public prosecutor; the warrant must be confirmed by the judge for the
preliminary hearing no later than 24 hours from its issue, otherwise it shall expire and the information thus obtained cannot be
used for the purposes of the criminal proceedings and must be destroyed in a prescribed manner without undue delay.
(3) The warrant for the interception and recording of telecommunication operations must be issued in writing and must
be justified by its merits, specifically for each user address or device. The warrant must include the determination of the user
address or device and the person, if their identity is known, that the interception and recording of telecommunication operations
concerns, and the period during which the interception and recording of telecommunication operations will be performed. The
interception and recording period may last up to six months. In the preliminary hearing upon the petition of the public prosecutor,
this period may be extended by the judge for the preliminary hearing, but always by only two months although it can be done so
repeatedly. The interception and recording of telecommunication operations shall be performed by the competent department of
the Police Force.
(4) A police officer or the competent department of the Police Force is obligated to systematically examine whether
the reasons that led to the issue of the interception and recording of telecommunication operations warrant are still valid. If the
reasons have expired, the interception and recording of telecommunication operations must be terminated, even before the
lapse of the period referred to in Subsection 3. The person who issued the warrant for the interception and recording of
telecommunication operations and, in the preliminary hearing also the public prosecutor, shall be notified.
(5) In criminal proceedings for an intentional criminal offence other than the one referred to in Subsection 1, the
presiding judge, before the commencement of the criminal prosecution or in the preliminary hearing, the judge for the
preliminary hearing upon the petition of the public prosecutor, may issue a warrant for the interception and recording of
telecommunication operations, but only with the consent of the user of the intercepted or recorded telecommunications device.
(6) If the recording of telecommunication operations is to be used as evidence, the literal transcript of the recording
shall be enclosed with it, if the prepared recording allows it, which shall be prepared by a member of the Police Force
performing the interception, in the extent of the findings crucial for the criminal proceedings, with information on the time, place,
authority that prepared such recording, and legality of the interception. The recording of telecommunication operations shall be
stored as a whole on file using the appropriate electronic media, copies of which may be requested by the public prosecutor and
the accused or their defence counsel. After the completion of the interception and the recording of telecommunication
operations, the accused or their defence counsel may receive a transcript of the recording of the telecommunication operations
to the extent to which they deem it necessary, at their own expense. The obligations referred to in the first sentence shall apply
to them accordingly. The credibility of the transcript shall be assessed by the court. If the transcript of the recording was
prepared in the preliminary hearing, the presiding judge may order its completion, which shall be performed by a member of the
Police Force referred to in the first sentence. The transcript of the recording of the telecommunication operations is entered into
a file that is not classified, signed by the member of the Police Force who prepared it; if the literal transcript of the recording
contains classified information, it shall be classified under the regulations on the protection of classified information. The
recording of the telecommunication operations may not be used as evidence until after the completion of the interception and
recording of telecommunication operations. In the preliminary hearing, if the circumstances of the case justify it, the recording of
the telecommunication operations may be submitted to the court even without the transcript of this recording, provided that the
enclosed report details information on the location, time, the authority that prepared such recording and the legality of the
interception, as well as on persons that the recording of the telecommunication operations concerns and that the recording of
the telecommunication operations is clear.
(7) In a criminal matter other than one in which the interception and recording of telecommunication operations was
performed, the recording may be used as evidence only if there is a criminal proceeding for a criminal offence referred to in
Subsection 1 in such matter at the same time.
(8) If the interception and recording of telecommunication operations did not find any facts relevant to the criminal
proceedings, the law enforcement authority or the competent department of the Police Force must destroy such recordings in
the prescribed manner without undue delay. A transcript on the destruction of the recordings shall be entered into the file. The
authority, by whose decision the matter was finally concluded and, in proceedings before the court, the presiding judge of the
court of first instance, shall notify the person referred to in Subsection 3, who does not have the possibility of inspecting the file
under this Act, on the destruction of the recordings within three years after the final termination of the criminal prosecution in the
given matter; this shall not apply if it is performed on a particularly serious crime or a crime committed by an organised group,
criminal group or a terrorist group, or if several persons participated in the commission of the criminal offence and, in relation to
at least one of them, the criminal prosecution was not finally concluded, or if the provision of such information could obstruct the
purpose of the criminal proceedings.
(9) The provisions of Subsection 1 through 8 shall apply accordingly to content data or operational data that is
transmitted through a computer system in real time.
Section 116
(1) In criminal proceedings for an intentional criminal offence, an order for the determination and notification of data
on the performed telecommunications operation, which is subject to telecommunications privacy, or subject to personal data
protection, which is necessary to clarify the facts relevant to the criminal proceedings, may be issued.
(2) The warrant for the establishment and notification of data on the performed telecommunication operations shall be
issued by the presiding judge, before the commencement of the criminal prosecution or in the preliminary hearing upon the
petition of the public prosecutor, the judge for preliminary hearing, in writing which must be justified by its merits; the warrant
shall be served to the persons referred to in Subsection 3.
(3) The legal entities or natural persons that provide the telecommunication operations must notify the presiding judge
and, in the preliminary hearing, the public prosecutor or police officer, about the data on the performed telecommunication
operations.
(4) The provisions of Subsection 1 through 3 shall apply accordingly to content data or operational data transmitted
through a computer system.
Section 117
Agents
(1) An agent may be used for the detection, investigation and conviction of offenders of crimes, corruption, a criminal
offence of abuse of authority of a public official, or a criminal offence of money laundering. Their use is permitted only if the
detection, investigation and conviction of offenders of the listed criminal offences would otherwise be much more difficult, and
the learned facts justify the suspicion that a criminal offence was committed or such criminal offence is to be committed.
(2) The conduct of an agent must be in compliance with the purposes of this Act and must be proportionate to the
illegality of the conduct, detection, investigation or conviction which they participate in. An agent must not proactively induce the
commission of a criminal offence; this shall not apply if it is a criminal offence of bribery of a public official or a foreign public
official, and the ascertained facts suggest that the offender would commit such a criminal offence even if the warrant to use an
agent was not issued.
(3) An agent acts under a temporary or permanent ‘legend’ or without a ‘legend’. A ‘legend’ is a summary of covert
data on the agent, particularly their identity, marital status, education and employment.
(4) If it is necessary for the establishment or maintenance of a ‘legend’, it is possible to produce or use covert
documents under the terms set out in a special Act.
(5) A warrant for the use of an agent shall be issued by the presiding judge, before the commencement of the criminal
prosecution or in the preliminary hearing, by the judge for the preliminary hearing upon the petition of the public prosecutor,
which must be justified by its merits.
(6) If it is a matter that cannot be deferred and the use of an agent is not associated with entry into the dwelling of
another person, the public prosecutor may issue the warrant referred to in Subsection 5 before the commencement of the
criminal prosecution or even orally in the preliminary hearing on a provisional basis. However, such warrant must be confirmed
in writing no later than 72 hours from its issue by the judge for the preliminary hearing, otherwise it shall expire. This shall not
apply to the procedure under Subsection 2, when the warrant to use an agent may only be issued by the judge for the
preliminary hearing.
(7) The warrant referred to in Subsection 5 and 6 must be in writing and must specify the period, during which the
agent shall be used. The period of the use of an agent cannot be longer than six months. This period may be extended by only
two months by the presiding judge and, in the preliminary hearing upon the petition of the public prosecutor, the judge for the
preliminary hearing, although they may do so repeatedly.
(8) The documents relating to the use of an agent shall be entered into the file only if the public prosecutor proposes
the performance of evidence in the indictment through the facts found by an agent.
(9) An agent may enter a dwelling, when using their ‘legend’, with the consent of an authorised person. However,
such consent may not be obtained on the basis of a sham right to enter.
(10) The true identity of an agent acting under a ‘legend’ must remain secret even after the completion of their use.
The true identity of an agent must be disclosed to the public prosecutor or the judge for the preliminary hearing who is
competent to decide under Subsection 5 and 6, as well as to the presiding judge in the proceedings before the court upon their
request.
(11) An agent may be interrogated on the facts relevant to the criminal proceedings by the public prosecutor in the
preliminary hearing, while observing the reasonable use of the provisions of Section 134 Subsection 1, so that their identity is
not revealed; an agent may be exceptionally interrogated by the court but only with the adequate application of the provisions of
Section 134 Subsection 1, Section 136 and Section 262 so that their identity is not revealed. An agent is summoned to the
proceedings before the court through the Presidium of the Police Force. The serving of a summons to an agent shall be
provided by a member of the Police Force, who is authorised by the President of the Police Force. If the agent is a person other
than a member of the Police Force or a member of the police of another State and agrees that their identity is revealed, the
provisions of Section 127 through 134 on the witness shall be applied to further proceedings.
(12) The facts relating to criminal offences unrelated to the matter, in which the agent was used, may be used in other
proceedings as evidence only if it is about crime, corruption, a criminal offence of abuse of authority of a public official, or a
criminal offence of money laundering.
(13) Information and technical means may be used during the procedure under Subsection 1. However, the provisions
of Subsection 8 must be observed.
(14) An agent may perform their tasks on the territory of another State. The President of the Police Force shall decide,
with the prior consent of the competent authorities of the State on whose territory they shall act and on the basis of the warrant
under Subsection 5, on posting them abroad, unless an international treaty stipulates otherwise. It shall also proceed similarly if
a member of another State shall act as an agent in the territory of the Slovak Republic.
Section 118
Comparing Data in Information Systems
(1) In the criminal proceedings for an intentional criminal offence, for which the law stipulates a prison sentence with
an upper penalty limit exceeding three years, corruption or another intentional criminal offence, the performance of which is
bound by an international treaty, a comparison of data in information systems, containing the characteristics or excluding
features relating to persons or items relevant to the criminal proceedings, may be performed with data from other information
systems, provided it is necessary for the clarification of a criminal offence.
(2) The presiding judge, before the commencement of the criminal prosecution, or in the preliminary hearing the
public prosecutor, shall issue a warrant for the comparison of the data from the information systems in writing.
(3) The warrant under Subsection 1 shall contain the name of the information system operator, who is obligated to
provide data, definitions of data, and the test characteristics necessary for comparison.
(4) The person referred to in Subsection 3 is obligated to provide the data necessary for comparison. If the required
data cannot be separated from other data, such data shall be provided as well. The other data cannot be used as evidence.
(5) If the data was provided on an information medium, it must be returned after the comparison without undue delay.
Data that is transferred to other data mediums must be deleted by the law enforcement authority, court, or a member of the
Police Force who performed the comparison without undue delay, if it is no longer necessary for the criminal proceedings.
(6) If the record from the data comparison is to be used as evidence, it shall proceed under Section 115 Subsection 6.
(7) In a criminal matter other than one in which the data comparison was performed, the record may be used as
evidence only if there is a criminal proceeding for a criminal offence referred to in Subsection 1 in such matter at the same time.
(8) If the facts relevant to the criminal proceedings were not ascertained during the data comparison, the law
enforcement authority, the court, or a member of the Police Force who performed the comparison must destroy the obtained
records in the prescribed manner without undue delay.
CHAPTER SIX
EVIDENCE
Division I
Evidence
Section 119
General Provisions
(1) In criminal proceedings it is required to prove, in particular
a) whether the act occurred, and whether it has the characteristics of a criminal offence,
b) who committed such act and based on what motives,
c) the seriousness of an act, including the causes and circumstances of its commission,
d) the personal circumstances of the offender to the extent necessary to determine the type and penalty, and the imposition of
protective measures and other decisions,
e) the consequences and the amount of damage caused by the criminal offence,
f) proceeds from the criminal activity and the means of its commission, its location, nature, terms and cost.
(2) Anything that might contribute to the proper clarification of the matter and what was gained from the means of
proof may serve as evidence under this Act or under a special Act. Means of proof are mainly the interrogation of the accused,
witnesses, experts, opinions and expert statement, review of the statements on-site, recognition, reconstructions, investigative
experiments, surveys, items and documents relevant to the criminal proceedings, notifications, information obtained through the
use of information technology means, or means of operative investigative activities.
(3) The parties may also procure evidence at their own expense. In the case of an acquittal under Section 285
Paragraphs a), b) or c), the State shall reimburse the costs incurred by the accused for this purpose.
(4) Evidence obtained by unlawful coercion or threat of coercion may not be used in the proceedings except when
used as evidence against the person that used such coercion or threatened coercion.
Section 120
Summons and Presentation of the Accused
(1) If the accused, who was duly and timely summoned for the interrogation or another action, fails to appear without
sufficient excuse, they may be presented for such act. The accused must be advised on this and other consequences of the
failure to appear in the summons.
(2) In the case of the accused’s excused absence due to medical reasons from an act of a law enforcement authority
or the court, the accused is obligated to submit a statement from the attending physician that the accused’s health does not
allow them to take part in the act to which they were summoned without endangering their life or causing a serious deterioration
of their health or due to the danger of spreading a dangerous communicable human disease.
(3) The accused may be presented without a prior summons if it is necessary for the successful performance of the
act, especially when they are in hiding or they do not have a permanent residence, if it is not possible to serve them the
summons at the address that they stated.
(4) The law enforcement authority or the court shall request that the Police Force department present the accused.
The law enforcement authority or the court shall request a superior of a soldier or a member of the Armed Corps to present
them.
Interrogation of the Accused
Section 121
(1) The interrogation of the accused shall be conducted by a law enforcement authority or the court in order to identify
essential facts relevant to the criminal proceedings. The accused shall not, in any way, be illegally coerced to give testimony or
confession, and during the interrogation their character must be respected.
(2) Before the interrogation, the accused must be instructed: “As the accused you have the right to testify or to refuse
to testify. No one may force you to confess. You have the right to choose a defence counsel. If you do not have the means to
pay for a defence counsel, you have the right to request the appointment of a defence counsel on your behalf. You have the
right to demand that your defence counsel participates in the interrogation and to refuse to testify without their presence”.
(3) Given the particular circumstances of the case, the accused must be instructed on the possibility and terms of the
conditional suspension of the criminal prosecution, an amicable settlement, and the termination of the criminal prosecution, on
the proceedings on the agreement on guilt and punishment, as well as on the terms for the imposition of the punishment by the
forfeiture of assets if there are accusations raised against them for any of the criminal offences referred to in Section 58
Subsection 2 of the Penal Code.
(4) An accused provided with protection and assistance under a special regulation on witness protection may be
interrogated through the use of technological equipment designated for the transmission of video and audio.
Section 122
(1) Before the first interrogation it is necessary to determine the identity of the accused, their personal, family, assets
and income situation, and previous criminal prosecutions and punishments imposed upon them. The instructions referred to in
Section 121 Subsection 2 shall be read to them, and if necessary adequately explained, which the accused then confirms with
their signature that they have understood the instructions. They must also be instructed on the other rights of the accused
referred to in Section 34 Subsection 1 through 3 and also on the terms of the serving of documents and the consequences
associated therewith. Then the accused must be made familiar with the act with which they are charged, as well as its legal
classification.
(2) The accused must be given the opportunity to comment on the accusations in detail, in particular to describe facts
that are the subject of the accusation, state the facts that mitigate or refute the accusation, and to offer the relevant evidence.
(3) The accused may be asked questions to supplement the testimony or to clarify deficiencies, ambiguities or
discrepancies. Questions must be asked clearly and tactfully. However, the accused may not be asked questions that indicate
their response to them or misleading questions or questions that could contain facts that are to be ascertained from their
testimony. Questions must not unjustifiably interfere with the privacy of the interrogated person besides the establishment of the
motives of the act.
Section 123
(1) The accused may be permitted to inspect their notes before answering the questions. This circumstance must be
recorded in the transcript.
(2) If it is necessary to determine the authenticity of handwriting, the accused may be requested to write the required
number of words. If it is necessary to identify the voice of the accused, they may be requested to provide a voice sample.
However, they may not be coerced in any way. However, the accused is obliged to tolerate the actions necessary for their
identification.
Section 124
(1) The testimony of the accused is usually entered into the transcript according to the dictation of the interrogator, in
direct speech and, if possible, literally.
(2) Unless it is a transcript of the main trial or public hearing, the transcript must be submitted to the accused to read
upon the completion of the interrogation or, if they request, it must be read to them. The accused has the right to request that
the transcript is supplemented or amended in accordance with their testimony. The accused must be instructed on this.
(3) The transcript of the interrogation, which was performed without a reporter, must be read to the accused or
submitted to them to read prior to signing in the presence of a bystander. If the accused has any objections against the contents
of the transcript, they must be discussed in the presence of an invited person and the outcome of the discussion shall be
included in the transcript.
Section 125
Confrontation
(1) If the testimony of the accused contradicts the testimony of a co-defendant or witness in serious circumstances,
and the contradiction cannot be clarified otherwise, the accused may face them in person.
(2) Persons stood face to face may ask each other questions only with the consent of the interrogator.
(3) The provisions of Subsection 1 and 2 shall not apply to an agent, a threatened witness, a protected witness, and a
witness whose identity is classified; this shall not apply to an agent who agrees to the disclosure of their identity.
Section 126
Recognition
(1) If the identity of a person or an item is to be found through the interrogation, the accused is requested to describe
them. Only thereafter the person or the item is shown to them among several other persons that look similar or items of the
same kind.
(2) Recognition may also be performed using photos or other technical means.
(3) A bystander shall always accompany the recognition.
Division II
Witnesses
Section 127
Obligation to Testify
(1) Everyone is obliged to appear upon a summons from the law enforcement authorities and the court, and testify as
a witness to what they know about a criminal offence and the offender, or the circumstances relevant to the criminal
proceedings.
(2) Everyone is obliged to assist in the fulfilment of such obligation.
Section 128
Summons, Presentation and Provision of a Witness
(1) If a witness who was duly summoned fails to appear for the action without sufficient excuse, they may be
presented. In the proceedings before the court upon the resolution of the court, a witness may be provided in the manner
referred to in Section 88 provided the terms for such procedure have been met. The summons must contain a warning of the
consequences of a failure to appear.
(2) In the case of the witness’s excused absence due to medical reasons from an act of a law enforcement authority
or the court, the witness is obligated to submit a statement from the attending physician that the witness’s health does not allow
them to take part in the act to which they were summoned without endangering their life or causing a serious deterioration of
their health or due to the danger of spreading a dangerous communicable human disease.
(3) If a member of the Armed Forces or Armed Corps fails to appear, the law enforcement authority or the court shall
request their superior to notify them of the reasons why the summoned person failed to appear or to present or provide them. In
other cases, the law enforcement authority or the court shall request a department of the Police Force to present or provide the
witness.
(4) If the representative of the body for the social and legal protection of children and social curatorship is summoned
as a witness, the serving address of the summons is the address of the registered office of the body for the social and legal
protection of children and social curatorship.
Section 129
Prohibition of Witness Interrogation
(1) A witness may not be interrogated on circumstances relating to classified information, unless they were exempt
from such obligation by the competent authority. The exemption may only be denied if State defence or national security is
compromised or there is a risk of other equally serious damage; the reasons for the denial of the exemption should always be
noted.
(2) A witness may not be interrogated if their testimony could violate the law or the obligation of professional secrecy
recognised or imposed by an international treaty, unless they were exempted from such obligation by the competent authority or
those in whose interest such obligation lies.
(3) The prohibition of interrogation under Subsection 2 shall not apply to the witness obligation concerning a criminal
offence, which the witness has an obligation to prevent under the Penal Code.
Section 130
Right of the Witness to Refuse to Testify
(1) The direct relative of the accused, their sibling, adoptive parent, adopted child, spouse or partner have the right to
refuse to testify as a witness. If there are several accused persons and the witness exists only in relation to one of them, they
have the right to refuse to testify in regards to the other accused persons only if the testimony that concerns the other accused
persons cannot be separated from the testimony regarding the accused to whom the witness is in such relation.
(2) A witness is entitled to refuse to testify if their testimony would thereby cause the possibility of their own criminal
prosecution, their direct relative, their siblings, adoptive parents, adopted child, spouse or partner, or other persons in the family
or similar relationship, whose detriment would rightfully be felt as their own. A witness is entitled to refuse to testify even if their
testimony would violate confessional secrecy or secrecy of information, which was entrusted to them orally or in writing under
the terms of secrecy as a person authorised for pastoral care.
Interrogation of a Witness
Section 131
(1) Before the interrogation of a witness, it is always necessary to establish their identity and their relationship to the
accused, instruct them on the importance of the witness testimony and the right to refuse to testify and, if necessary, on the
prohibition of interrogation. The witness must always be instructed on the fact that they are obliged to tell the truth, withhold
nothing, and on the criminal consequences of false testimony.
(2) If a member of the Police Force is interrogated as a witness authorised by the President of the Police Force on the
facts obtained by the agent, the court shall state the covert data of the agent and the name, surname and department of the
authorised member of the Police Force in the transcript.
(3) During the interrogation at the main trial or public hearing, the witness is obligated to take an oath, except in the
interrogation of a witness under Subsection 2.
Section 132
(1) At the beginning of the interrogation, the witness must be asked about their relationship to the matter as well as to
the parties involved and, where appropriate, to other circumstances necessary to establish their credibility and impartiality. The
witness must be given an opportunity to testify about everything they know about the matter and the source of their knowledge
of the alleged facts without being interrupted.
(2) A witness may be interrogated only to the extent necessary for the criminal proceedings. They may be asked
questions to supplement the testimony or to clarify the deficiencies, ambiguities, or discrepancies. Questions must be asked
clearly and tactfully. However, the witness may not be asked questions that indicate their response to them or misleading
questions, or questions that could contain facts that are to be ascertained only from their testimony. Questions must not
unjustifiably interfere with the privacy of the interrogated person with the exception of finding the motives of the accused,
particularly if the witness is ill, or a witness damaged by a criminal offence against human dignity.
Section 133
(1) If it is necessary to determine the authenticity of handwriting, the witness may be ordered to write the required
number of words.
(2) If it is necessary to identify the voice of the witness, they may be requested to provide a voice sample.
Section 134
(1) A witness who cannot appear for the interrogation due to age, illness, physical or mental disorder, or for other
serious reasons may be interrogated by means of technical devices designated for the transmission of audio and video.
(2) The provisions of Subsection 1 shall also apply if the witness cannot or does not want to appear for the
interrogation due to their stay abroad, but they are willing to testify to the competent authority of a foreign State, then they must
be provided with the necessary legal assistance.
(3) The provisions of Subsection 1 shall also apply to the interrogation of a threatened or protected witness who is
provided with assistance under a special Act. It shall similarly proceed if such witness is to be interrogated in another matter.
Section 135
(1) If a witness who is to be interrogated on the matters is a person younger than 15 years of age and, due to their
age, the recovery of the memory could adversely affect their mental and moral development, then the interrogation and its
content must be performed in a particularly considerate way so that further interrogation will not have to be repeated. A
pedagogue, social worker, psychologist or an expert who could contribute to the proper conduct of the interrogation with regard
to the subject matter and the level of intellectual development of the interrogated person shall be invited for the interrogation. If
they can contribute to the correct performance of the interrogation, the legal representative shall also be invited for the
interrogation.
(2) The same person should be interrogated in further proceedings only if necessary, in the preliminary hearing only
upon the consent of the public prosecutor. In proceedings before the court, based on the decision of the court, evidence may be
performed by reading the transcript, even without meeting any of the terms referred to in Section 263. Where appropriate and
required, a person who was invited for interrogation shall be interrogated on the correctness and completeness of the transcript
or the manner in which the interrogation was performed, as well the method in which the interrogated person testified.
(3) If a person under the age of 15 years is being interrogated as a witness and if it is a criminal offence against a
close person or entrusted person, or if it is clear from the circumstances of the case that the repeated testimony of the person
younger than 15 years of age may be affected, or there is a reasonable assumption that the interrogation could adversely affect
the mental or moral development of the person younger than 15 years of age, the interrogation shall be performed with the use
of technical devices designated for video and audio recording so that the person younger than 15 years of age could be
interrogated in the subsequent proceedings only in exceptional cases. If it is necessary to repeat the interrogation of a person
younger than 15 years of age after pressing charges, it shall be performed in the manner regulated by the first sentence; any
further interrogation of a person younger than 15 years of age may be performed in the preliminary hearing only with the
consent of their legal representative, and with the consent of a guardian in the cases under Section 48 Subsection 2.
(4) If a person younger than 15 years of age is interrogated under Subsection 3, in proceedings before the court, the
performance of such evidence shall be in compliance with Section 270 Subsection 2; the interrogation of such witness may be
performed in the proceedings before the court only in exceptional cases.
Section 136
(1) If there is a justified concern that the witness or a person close to them will be put at risk by stating the residence
of the witness, the witness may be permitted to state their place of work or another address instead of their residence where the
summons could be served. If the representative of the body for the social and legal protection of children and social curatorship
is being interrogated as a witness on facts which they learnt in relation to the enforcement of measures for the social and legal
protection of children and social curatorship, the law enforcement authority and the court shall state the address of the
registered office of the body for the social and legal protection of children and social curatorship in the transcript.
(2) If there is a justified concern that the disclosure of the identity, residence or place of residence of the witness will
put their life, health or physical integrity at risk, or if there is such a risk to persons close to them, the witness may be permitted
not to state their personal data. However, during the main trial, they must state how they became familiar with the facts that they
testified on. Materials that enable the identification of such witness shall be deposited with the public prosecution and, in
proceedings before the court, with the presiding judge. They shall be entered into the file only once the threat has expired. The
witness, if necessary, may even be asked questions about the circumstances relating to their credibility and also questions
about their relationship to the accused or the victim.
(3) Before the interrogation of a witness whose identity must remain classified, the law enforcement authority and the
court shall, if necessary in the interest of witness protection, perform measures such as in particular the change of appearance
and voice of the witness, or perform their interrogation with the use of technical equipment, including devices for audio and
video transmission.
(4) The presiding judge and, in the preliminary hearing, the public prosecutor, shall give their consent for the
procedure referred to in Subsection 1 and 2.
(5) During the detection, investigation and conviction of offenders guilty of crimes, corruption, the criminal offence of
abuse of authority of a public official, or the criminal offence of money laundering, in exceptional cases the false identity under
Section 117 Subsection 3 may be used for the witness, if the presiding judge and, in the preliminary hearing upon the petition of
the public prosecutor, the judge for the preliminary hearing issues an order by which use of a false identity is imposed upon the
witness under Section 117 Subsection 3.
Section 137
If a police officer fails to recognise the reason for the procedure under Section 136 Subsection 1 or 2, although the
witness so requests and states specific facts which justify such procedure, then the police officer shall submit the matter to the
public prosecutor to examine the accuracy of their procedure. If there is no risk of delay, they shall defer the interrogation of the
witnesses until the public prosecutor decides on the matter. Otherwise, they shall interrogate the witness and until the decision
of the public prosecutor, the transcript of the interrogation is handled so as to keep the identity of the witness classified.
Section 138
The provisions of Section 123 through 126 on the interrogation of the accused shall accordingly apply to the
interrogation of a witness, the confrontation of the witnesses who have already been interrogated, and the recognition.
Section 139
(1) If the law enforcement authority or the court ascertains that the witness is in danger in relation to the accused or
convicted person remaining at liberty, the court shall provide them with the information that
a) the accused was released from custody or that they have escaped,
b) the convicted was released from serving a prison sentence or that they have escaped.
(2) The witness may submit a request to the public prosecutor during the preliminary hearing and, in the proceedings
before the court, the court that they are informed about the facts referred to in Subsection 1. If the convicted person is serving a
prison sentence, then the request is filed at the court that decided in the first instance.
(3) A witness may waive their right under Subsection 1 and 2 by an explicit statement entered into the transcript in
writing or orally.
Section 140
Witness’ Fee
(1) A witness is entitled to the reimbursement of any necessary expenses and lost wages for work or other
demonstrable loss of income. The entitlement expires if the witness fails to exercise their right within three days after their
interrogation or after they were notified that the interrogation will not occur, or if they fail to quantify it within 15 days of the claim.
The witness must be advised of this fact.
(2) The amount of witness’ fee shall be determined by those who summoned the witness and, in proceedings before
the court, the presiding judge.
Division III
Professional Activity and Expert Activity
Section 141
Professional Activity
(1) If the clarification of the facts important to the criminal proceedings requires professional expertise, the law
enforcement authority and, in proceedings before the court, the presiding judge, shall request a professional opinion besides an
expert activity performed under a special Act. In simple cases, written confirmation, the accuracy of which is beyond doubt, may
be sufficient.
(2) The request of a professional opinion or a written confirmation under Subsection 1 shall be decided by a measure.
(3) The law enforcement authority or the court shall request a professional opinion or a written confirmation mainly
from an organisation specialised in the activity that is the subject of the professional opinion or a written confirmation. The
organisation shall state the name of the person in the professional opinion or written confirmation who may be interrogated as a
witness in relation to the subject of the professional opinion or written confirmation.
(4) Where the circumstances of the case so require, the person who prepares the professional opinion shall be
permitted to familiarise themselves with the contents of the file to the necessary extent, especially with the performed evidence.
Upon their petition, it is also possible to perform evidence which they require for the purpose of the preparation of the
professional opinion.
(5) The professional opinion or written confirmation may also be requested from the public authority that shall always
submit such professional opinion or written confirmation without any compensation.
Expert Activity
Section 142
(1) If due to the complexity of the clarified facts the procedure under Section 141 is not sufficient, the law enforcement
authority and, in the proceedings before the court, the presiding judge, shall take on an expert for the submission of an expert
opinion. If it is in regards to the clarification of particularly complex facts, two experts shall be invited. Two experts must always
be invited if it is a mental health examination of a person or an autopsy of a corpse.
(2) A physician who treated the deceased during their illness before their death may not be invited as an expert for the
examination and autopsy of the corpse.
(3) Inviting an expert shall be decided by a resolution. A complaint against the resolution may be filed due to material
reasons or an expert.
Section 143
(1) The law enforcement authority or the court shall mainly take on an expert organisation specialised in the activity
that is the subject of the expert opinion in the criminal proceeding for the submission of an expert opinion under Section 142.
Such organisation shall state the name of an expert who may be interrogated with regard to the subject matter of the expert
opinion.
(2) If no person is listed in the relevant field or industry, or if the person registered in the register of experts cannot
give an expert opinion, or the submission of the expert opinion would be associated with unreasonable difficulties or costs,
another person with the necessary professional and civil prerequisites may be invited provided they agree to it. Such person is
obligated to take an oath under a special Act prior to the performance of the expert activity; if it is a legal entity, the oath shall be
made by a natural person authorised by the legal entity to perform the expert activity.
Section 144
(1) The expert must be advised on the obligation to report the facts without undue delay when invited, for which they
could be excluded or which could prevent them to act as an expert in the matter. They must also be instructed on the
importance of the expert opinion in terms of common interest, and on the criminal consequences of an intentional false expert
opinion.
(2) If an expert opinion is procured by any of the parties, the law enforcement authority or the court shall instruct the
expert on the circumstances referred to in Subsection 1.
Section 145
Preparation of an Expert Opinion and Interrogation of an Expert
(1) The tasks that an expert is to address in terms of their expertise shall usually be determined in the resolution on
inviting an expert in the form of questions. At the same time, it is important to observe that the expert is not authorised to
address legal issues or to assess the performed evidence, or to make legal conclusions. The expert must be allowed to
familiarise themselves with the contents of the file to the necessary extent, especially with the performed evidence. They may
also be permitted to take part in the interrogation of the accused, the witnesses, or during the performance of other evidence.
Upon the petition of the expert, it is also possible to perform evidence which they require for the purpose of the preparation of
the opinion. They have the right to be present during such evidence and ask the interrogated persons questions. The expert
may be lent the case file.
(2) Experts shall usually submit the opinion in writing. Only in exceptional cases, in simpler matters, it may be
permitted to dictate it in the transcript of the interrogation. If the expert prepared the opinion in writing, it is sufficient for them to
refer to it during the interrogation. The opinion shall also be served to the defence counsel at the expense of the defence.
(3) If several experts were invited who, after mutual consultation, arrived at concurring conclusions, the expert opinion
shall be submitted by an expert appointed to do so by the others. If the conclusions of the experts differ, each shall submit their
opinion individually.
(4) In the preliminary hearing, the interrogation of an expert may be omitted if the police officer or the public
prosecutor does not doubt the reliability and completeness of the submitted opinion.
(5) If the accused, victim or party to an action procured the opinion, they shall serve it to the public prosecutor and to
other parties whose interests it concerns.
Section 146
Errors of an Expert Opinion
If there are doubts about the accuracy of an expert opinion or if the expert opinion is unclear or incomplete, an expert
shall be requested for the clarification or completion of the opinion. If it fails to lead to the removal of doubts or ambiguities of the
expert opinion, or to the completeness of the expert opinion, another expert shall be invited.
Section 147
Opinion of an Expert Institute
(1) In exceptional and particularly serious cases requiring special scientific assessments or to review an expert
opinion, the law enforcement authority or the court may invite an expert institute to submit an expert opinion.
(2) If no legal entity is listed in the relevant field or industry as an expert institute or an expert institute registered in the
register of experts cannot give an expert opinion, or the submission of the expert opinion would be associated with
unreasonable difficulties or costs, another legal entity within a specialised scientific and professional workplace or specialised
professional workplace may be invited to submit an expert opinion.
(3) The expert institute or a legal entity invited to submit an expert opinion under Subsection 2 is obliged to prepare an
expert opinion in writing, stating the persons who participated in the preparation of the expert opinion, and their possible
different conclusions. If they came to concurring conclusions during the preparation of the expert opinion, a person shall be
determined in the expert opinion who may be interrogated as an expert for the purposes of the criminal proceedings.
Examination of the Mental Health of the Accused
Section 148
(1) Mental health shall always be examined by two experts from the field of psychiatry.
(2) An order by the court and, in the preliminary hearing, the judge for the preliminary hearing, is required for the
examination of the mental health of the accused.
(3) If the outpatient examination of the mental health is not sufficient, the court and, in the preliminary hearing upon
the petition of the public prosecutor, the judge for the preliminary hearing, may order that the accused is observed in a medical
facility or, if they are in custody, in the hospital for the accused and convicted.
(4) A complaint against the resolution under Subsection 3, which has a suspensive effect, may be filed.
Section 149
(1) Observation of the mental health in the medical facility may last up to two months. Upon a justified request, the
court and, in the preliminary hearing upon the petition of the public prosecutor, the judge for the preliminary hearing, may extend
such period, but not more than by one month. A complaint against such resolution is admissible.
(2) If the experts find symptoms suggesting the legal irresponsibility or diminished responsibility of the accused, they
must give their opinion on whether such present a danger if they remain at liberty.
Section 150
Examination of the Mental Health of the Witness
If there are serious doubts as to whether the witness, whose testimony is particularly important for the decision,
suffers from a significantly reduced ability to correctly perceive or testify, then the mental health of the witness may also be
subjected to an expert examination. In such a case, the order of the court and, in the preliminary hearing, the judge for the
preliminary hearing is always required. The examination of the mental health of the witness through observation in a medical
facility is not admissible.
Section 151
Professional Consultant
(1) In professionally demanding matters, the law enforcement authorities and the court may utilise the assistance of a
professional consultant who, relying on their professional knowledge, shall advise on the professional issues of the heard
matter. The Central Authority of the Public Administration, another public authority, or a scientific or research institution may be
requested for the petition on the selection of a certain person as a professional consultant. The professional consultant may
inspect the file to the necessary extent, and be present during the performance of the actions of the criminal proceedings upon
the approval of the law enforcement authorities or the court. However, they may not interfere with the performance of the
actions. They are obligated to keep the facts that they learnt during the course of the criminal proceedings as confidential. The
participation of a professional consultant does not exclude inviting an expert for the assessment of professional issues, who
shall submit an expert opinion.
(2) A person who acted as a consultant cannot be an expert in the same matter and cannot submit a written opinion.
(3) A professional consultant shall be invited through a measure. The provisions of Section 152 Subsection 3 shall
apply to the remuneration of the professional consultant.
Section 152
Common Provisions
(1) Special regulations shall apply to the appointment of an expert, the competency for such function and exclusion
from it, on the right to deny the performance of an expert opinion, on the oath of an expert before the performance of the expert
activity, on the inviting of a consultant, as well as the reimbursement of the cash expenses and remuneration for an expert
action.
(2) The amount of remuneration for an expert act shall be determined by those who invited the expert. If those who
invited an expert disagree with the amount of remuneration accounted for an expert activity, they shall decide on the
remuneration by a resolution. A complaint against such resolution, which has a suspensive effect, is admissible.
(3) A person who submitted the professional opinion or written confirmation shall be entitled to the reimbursement of
necessary expenses and lost wages, or other demonstrable loss of income. If those who requested the professional opinion or
written confirmation disagree with the amount of the accounted reimbursement, then the reimbursement shall be decided on by
a resolution. A complaint against such resolution, which has a suspensive effect, is admissible. The entitlement for
compensation expires if they fail to claim it within three days after the preparation of the professional opinion or written
confirmation, or after they were notified that the request for the professional opinion or written confirmation is being revoked;
those who submitted the professional opinion or written confirmation must be advised about this fact.
(4) If an expert opinion, professional opinion or written confirmation is submitted to the law enforcement authority or
the court by an organisation established for expert or professional activity by the Ministry of Interior of the Slovak Republic, such
shall always be submitted without any compensation.
Division IV
Other Evidence
Section 153
Documentary and Material Evidence
(1) Documentary evidence comprises documents that prove or refute the facts related to the clarified act, the accused,
or other persons related to the matter through their contents.
(2) Material evidence comprises items with which or on which the criminal offence was committed and which prove or
refute the demonstrated facts, and may be a means to detect or uncover the criminal offence or its offenders, as well as traces
of the criminal offence.
(3) Material evidence is also audio, video or audiovisual recordings.
Section 154
Inspection
(1) Inspections shall be performed if the facts important to the criminal proceedings are to be clarified by direct
observation, particularly if any traces can be found or secured. A person who performs a professional activity or an invited
expert may participate in the inspection.
(2) A transcript, which must contain a complete description of the subject of the inspection, must be prepared during
the performance of the inspection. Any audio, video or audiovisual recordings, drawings and other documents prepared and
aids, must be enclosed with the transcript.
(3) The inspection shall be performed by the law enforcement authority and, in proceedings before the court, by the
court.
Section 155
Body Examinations and Similar Actions
(1) Everyone must be subjected to a body examination if it is necessary to determine whether there are traces or
consequences of a criminal offence on their body. A body examination may only be done by person of the same sex, unless it is
carried out by a physician.
(2) If the evidence requires the taking of a blood sample or another similar action, the person concerned is obliged to
allow their doctor or healthcare professional to take their blood or perform other similar action unless it is associated with a
danger to their health. The collection of biological material, which is not associated with interfering with the person’s physical
integrity that such act concerns, may also be performed by such person or law enforcement authority with their consent.
(3) A person suspected of committing a criminal offence and the accused are obligated to tolerate the collection of
finger prints, performed by a police officer, and sampling for the purpose of a deoxyribonucleic acid analysis; sampling for a
deoxyribonucleic acid analysis shall proceed under a special regulation. In the event that the suspect or the accused refuses to
voluntarily tolerate the acts referred to in this Subsection after a futile prior call, such acts may be performed against their will on
the basis of an order under Subsection 4.
(4) The body examination warrant, warrant for the taking of a blood sample, or a warrant for another similar act shall
be issued by the presiding judge and, before the commencement of the criminal prosecution or in the preliminary hearing, by a
public prosecutor or a police officer with their consent. The warrant must be issued in writing and must be justified.
(5) If the evidence requires that it is necessary to establish the identity of the person who remained at the crime
scene, the person in question is obligated to tolerate the acts necessary for such findings, including the collection of finger
prints.
(6) Such person must be instructed on the obligation under the preceding subsections and advised on the
consequences of the failure to comply with the call or the order for its fulfilment.
Section 156
Examination and Autopsy of a Corpse and its Exhumation
(1) If there is a suspicion that the death of a person was caused by the commission of a criminal offence, the corpse
must be examined and an autopsy must be performed. The examination and autopsy of a corpse shall be ordered by the public
prosecutor or a police officer by a resolution. In such case, a corpse may be buried only with the consent of the public
prosecutor, who shall issue it after the examination and autopsy without undue delay.
(2) If there is a suspicion that the death of a person was caused by the commission of a criminal offence, the
presiding judge and, in the preliminary hearing, the public prosecutor may order, by resolution, the exhumation of the corpse;
the exhumation of the corpse may also be ordered if it is necessary to provide evidence through sampling for deoxyribonucleic
acid analysis.
Section 157
Investigative Test
(1) An investigative test shall be performed if the facts found during the criminal proceedings are to be verified or
clarified in created or altered terms, or if new facts relevant to the criminal proceedings are to be found.
(2) The investigative test shall not be performed if it is inappropriate given the circumstances of the case or the
suspect, accused, victim or witness, or the purpose of the investigative test may be achieved otherwise.
(3) If it is necessary, given the nature of the matter and the facts that came to light in the criminal proceedings so far,
an expert shall be invited for the investigative test. The suspect, accused, victim and witness shall take part in the investigative
test as necessary. Their participation in the investigative test shall be governed by the provisions applicable to their
interrogation.
(4) The accused, suspect or witness, who has the right to refuse to testify, may not be coerced into performing any of
the acts relating to the investigative test in any way.
Section 158
Review of Testimony at the Crime Scene
(1) The review of testimony at the crime scene shall be performed if it is necessary for the completion or verification of
the data relevant to the criminal proceedings relating to such place.
(2) The provisions on the investigative test shall apply accordingly to the procedure during the review of the testimony
in the crime scene.
Section 159
Reconstruction
(1) A reconstruction shall be performed if the reproduction of the situation and the circumstances under which the
criminal offence was committed, or that have a significant relation to it, may verify the testimony of the accused, victim or a
witness, if other evidence performed in the criminal proceedings is insufficient for the clarification of the matter.
(2) The provisions on the investigative test shall apply accordingly to the procedure during the reconstruction.
Section 160
Voice Test and Voice Sample
A voice test may be performed to verify the voice sample if it is necessary to identify the voice of the accused or
witness in the criminal proceedings. An audio recording from the interrogation of the accused or the witness may also serve as a
voice sample.
Division V
Secrecy
Section 161
Declaration of Secrecy
The law enforcement authorities and the court must instruct the person who, during the course of the proceeding, is
being familiarised or was once familiarised with the classified facts on their obligations under special regulations, and a written
declaration of secrecy must be issued for them to sign; the declaration of secrecy is part of the file of the law enforcement
authority or the court. The law enforcement authority and the court shall notify the competent public authority about this fact
under special regulations without undue delay.
CHAPTER SEVEN
DECISIONS
Section 162
Method of Decision Making
(1) The court shall decide by a judgment, a criminal warrant or order, where the law expressly stipulates it; in other
cases, they shall decide by a resolution, unless the law stipulates otherwise or if the decision is not technological, organisational
or operative in nature.
(2) The law enforcement authorities shall decide by a resolution, unless the law stipulates otherwise or if the decision
is not technological, organisational or operative in nature. They shall decide by an order only where the law expressly stipulates
it.
Division I
Judgment
Contents of the Judgment
Section 163
(1) After the introductory words “On behalf of the Slovak Republic”, the judgment must include
a) the name of the court whose judgment it concerns and the names and surnames of the judges and associates who
participated in the decision,
b) the date and place of the pronouncement of the judgment,
c) declaration of the judgment while stating the statutory provisions that were applied,
d) justification, unless the law stipulates otherwise,
e) instructions on the appeal.
(2) In the judgment, the defendant must be indicated by their name, surname, date and place of birth and residence,
or possibly other information necessary to prevent their confusion with another person. If it is a person who is subject to the
competency of the courts under Section 16 Subsection 2, the rank of the defendant and the unit which they are a member of
should also be indicated.
(3) The statement by which the defendant is recognised as guilty or by which they are acquitted must accurately
indicate the criminal offence which the statement concerns, not only by legal description and legal classifications, but also by
specifying the place, time and method of commission, or even by stating other facts necessary to prevent the confusion of the
act with another, as well stating all legal characteristics, including those that justify a specific criminal penalty.
Section 164
In the judgment by which it is decided on guilt, the court shall present a statement on
a) damages, if the entitlement to its compensation was properly and timely claimed,
b) protective measures, if it was decided on in the main trial or a public hearing performed on an appeal.
Section 165
(1) The convicting judgment must include a statement of the punishment stating the statutory provisions under which
the punishment was imposed or waived and even, in certain cases, with reference to the accepted guarantees. If a punishment
of prison sentence was imposed, the enforcement of which may be conditionally deferred or conditionally deferred with
probational supervision, the judgment must also contain a statement on whether the conditional deferral was permitted or to
what terms it is bound. If a life prison sentence or another unconditional prison sentence was imposed by the judgment, it must
contain a statement on the method of enforcement of such punishment.
(2) A statement of acquittal must include which of the reasons referred to in Section 285 the acquittal is based on,
while stating the statutory provisions and the oral statement of such reasons.
Section 166
The court that decides on the matter again in which an earlier judgment was revoked only in part based on an appeal,
appellate review or a petition for a retrial, shall state only the statement in the judgment based on which the matter is being
decided on again. Any relation of such statement to the statements, in which an earlier judgment remained unchanged, shall be
pointed out.
Section 167
In the judgment, by which a multiple punishment is being imposed, the court must indicate the earlier judgment in
which the new judgment revokes the statement on punishment and replaces it with a new statement on the multiple punishment.
Section 168
(1) If the judgment contains a justification, the court shall briefly state which facts they deem proven, which evidence
their merits are based on and which considerations they observed during the assessment of the performed evidence,
particularly if they are contradictory. It must be clear from the justification how the court acquitted the defence, why they failed to
grant the petitions for the performance of further evidence, and under which legal considerations they proceeded when
assessing the proven facts under the relevant provisions of the law in the issue of guilt and punishment. If the judgment contains
other statements, they must also be justified.
(2) In the justification of the judgment by which the agreement on guilt and punishment was approved, the court must
briefly review the course of the proceeding on the agreement and its outcome and the answers of the accused to the questions
referred to in Section 333 Subsection 3; if the accused is a juvenile and at the time of the proceeding they had not reached
eighteen years of age, the statement of their defence counsel and legal representative must also be reviewed.
Deliberation and Vote on the Judgment
Section 169
(1) During the deliberation on the judgment, the court shall assess, in particular, whether
a) the act for which the defendant is being prosecuted occurred,
b) such act has all the characteristics of a criminal offence and what is its legal classification,
c) such act was committed by the defendant,
d) the defendant is criminally liable for such act,
e) the criminality of the act has not expired,
f) they accept the proposed guarantees of the public interest group or a trustworthy person,
g) the defendant should be imposed a punishment and which,
h) the defendant should be imposed an obligation to cover the damages of the victim and to what extent,
i) a protective measure is to be imposed and which.
(2) If the judgment, which the parties came to by agreement on guilt and punishment, is being decided on, besides the
facts referred to in Subsection 1, the answers to the questions referred to in Section 333 Subsection 3 shall also be assessed.
Section 170
(1) No person other than the presiding judge, judges, associates and court reporter who participated in the main trial
or in the public hearing that immediately preceded the judgment may be present at the deliberation on the vote. A replacement
judge, replacement associate, and a high court clerk, who however do not vote, may be present at the deliberation on the vote
only with the consent of the presiding judge.
(2) The participants must maintain confidentiality on the subject of the deliberation.
(3) A majority vote decides the vote. If a majority cannot be achieved, the least favourable votes are counted for the
defendant to the votes more favourable, as long as it is necessary to achieve a majority vote. If it is questionable which opinion
is more favourable for the defendant, it shall be decided by the vote.
(4) Each member of the court must vote, even if they were outvoted in any other previous issue. During the voting on
the punishment or protective measure or damages, those who voted for the acquittal may abstain from voting; their votes are
counted towards the most favourable vote for the defendant.
(5) The associates and the judges shall vote before the presiding judge. The associates and junior judges shall vote
before the senior judges. The presiding judge shall vote last.
(6) The differing opinions of the judges and associates who participate in the vote on guilt and punishment or on a
protective measure or damages shall be entered into the transcript on the vote.
(7) A separate transcript on the vote shall be prepared, which must be put in an envelope, sealed and provided with
an imprint of the stamp and signature of the court reporter immediately after it was signed by the persons voting.
Section 171
Pronouncement of the Judgment
(1) The judgment must always be pronounced publicly; it is pronounced by the presiding judge.
(2) The introductory words “On behalf of the Slovak Republic”, the full text of the statement as it was voted, at least a
substantial part of the justification, and instructions on the appeal are pronounced. Upon the pronouncement of the introductory
words and the statement of the judgment, the present parties shall arise.
(3) The instructions shall state against which statements of the judgment an appeal may be filed by the authorised
person and within what deadline. At the same time, it shall also state that the judgment may be appealed against only in certain
parts or that the appeal may be expressly waived.
(4) The judgment shall usually be pronounced immediately after the completion of the hearing that preceded the
judgment; if this is not possible, the hearing may be adjourned for the pronouncement of the judgment, however by no more
than three working days.
Section 172
Preparation of the Judgment
(1) Every judgment must be prepared in writing. The preparation of the judgment must be in conformity with the
contents of the judgment as it was pronounced.
(2) If the public prosecutor and the accused waived their right to an appeal after the pronouncement of the judgment,
or they made such statement within the deadline of three working days from the pronouncement of the judgment, a simplified
written judgment which does not contain the justification may be prepared. If it is a juvenile accused, the declaration must also
be requested from the legal representative and the representative of the body for the social and legal protection of children and
social curatorship.
(3) The judgment must be prepared in writing in custodial matters within 10 working days, in other matters within 30
working days from the date of its pronouncement; if it cannot be prepared within the deadline for serious reasons, the presiding
judge may allow a longer period, but no more than twice the stated deadline; the court shall notify the parties about it.
(4) If the presiding judge or judge is not able to prepare the pronounced judgment due to an obstacle of a longer
duration, another judge shall prepare it upon the order of the presiding judge.
(5) The prepared judgment shall be signed by the presiding judge and those who prepared it. If the presiding judge is
not able to sign the prepared judgment due to an obstacle of a longer duration, it shall be signed on their behalf by another
member of the court; the reason must be noted on the prepared judgment.
Section 173
Serving Judgment
(1) Copies of the judgment shall be served to the defendant, public prosecutor, party to an action, and the victim who
made a claim for damages, even if they were present at the pronouncement of the judgment.
(2) If the defendant has a defence counsel or legal representative, a copy of the judgment shall also be served to
them.
(3) In the case of a juvenile defendant, a copy of the judgment shall always be served to the body for the social and
legal protection of children and social curatorship and the legal representative with whom the defendant lives in a common
household.
(4) If the party to an action or the victim have a legal representative, a copy of the judgment shall be served only to
the legal representative; if they have a proxy, a copy of the judgment shall be served only to the proxy.
(5) If the proposed guarantee was accepted, a copy of the judgment shall also be served to those who offered the
guarantee.
(6) In the case of negligence of alimony, a copy of the judgment shall also be served to the person to whom the
defendant is obligated to fulfil their obligation to maintain or feed another person.
Section 174
Correction of the Preparation of the Judgment and its Copy
(1) The presiding judge may, by a separate resolution, correct clerical errors and other obvious mistakes that have
occurred during the preparation of the judgment and its copies at any time, so that the final preparation of the judgment is in
complete conformity with the contents of the judgment as it was pronounced. The correction may also be ordered by a higher
court.
(2) A copy of the resolution on the correction shall be served to all persons to whom the copy of the judgment was
served.
(3) A complaint against the decision on correction under Subsection 1, which has a suspensive effect, is admissible.
(4) After the validity of the resolution on correction, the resolution on correction becomes a part of the original
judgment, which shall be stated during the indication of the validity of the resolution.
Section 175
Effects of Correction
If the correction of the prepared judgment or the copy of the judgment significantly affected the content of any of the
statements of the latter, the public prosecutor and the person directly affected by the corrected statement have a deadline for
the submission of an appeal from the serving of the copy of the resolution on the correction, and if a complaint against the
resolution on the correction was filed, from the serving of the decision on the complaint. The person directly affected by such
conduct must be instructed on this fact.
Division II
Resolution
Section 176
Contents of the Resolution
(1) A resolution must include
a) the name of the authority that the decision concerns and the names and surnames of the persons that participated in the
decision,
b) the date and place of the decision,
c) the statement of the resolution with the listing of the statutory provisions which were applied, and if it is a decision on the
matter itself, also the act and its legal classification,
d) the justification, unless the law stipulates otherwise,
e) instructions on the appeal.
(2) If given the nature of the matter it may be taken into consideration, the justification must in particular state the facts
deemed proven, evidence which the merits are based on, by which considerations the decision making authority observed
during the assessment of the performed evidence, as well as the legal considerations based on which they assessed the proven
facts under the relevant provisions of the law.
(3) If the accused or another entitled person and the public prosecutor have waived their complaint after the
pronouncement of the resolution, or if they have made such a statement within a deadline of three working days from the
pronouncement of the resolution, a simplified written resolution which does not contain the justification may be prepared; this
shall not apply if it concerns a decision on a prison sentence. If it concerns a juvenile accused, such statement is also required
from the legal representative and the representative of the body for the social and legal protection of children and social
curatorship.
Section 177
Pronouncement of the Resolution
Only the resolutions should be pronounced that were prepared
a) during the action performed in the presence of a person, to whom such resolution concerns,
b) at the main trial,
c) at the public hearing,
d) at the closed hearing.
Section 178
Preparation of the Resolution
(1) A resolution that only regulates the conduct of the proceedings or the manner in which evidence is presented or
which orders or prepares the main trial or a court hearing does not have to be prepared.
(2) Similarly, resolutions that are included in full in the transcript on an action also do not need to be prepared, unless
a copy of such resolution must be served to anyone. If it is only to be served in such case to the public prosecutor, then they
may be served a copy of the transcript.
Section 179
Notification of a Resolution
(1) Notification of a resolution should be served to a person who is directly affected, as well as the person who
instigated the resolution by their petition; the public prosecutor must also be notified of the resolution of the court. Notification is
either done by the pronouncement of a resolution in the presence of the person who is to be notified of it, or by serving a copy of
the resolution to them.
(2) If the person who must be notified of the resolution already has a defence counsel or a proxy, then it is sufficient if
the resolution is either pronounced to such person or to their defence counsel, or their proxy; if the notification of the resolution
is made via the serving of its copy, it shall only be served to the defence counsel, or the proxy. In the case of a person who has
had their legal capacity denied or a person whose legal capacity is restricted and who does not have a defence counsel or a
proxy, the notification of the resolution shall be served to their legal representative.
(3) However, if the notification is made to the accused who is denied their legal capacity or whose legal capacity is
restricted, then the accused, their defence counsel and their legal representative shall be notified of the resolution, against
which the submission of a complaint is admissible. If the accused is in custody, serving a prison sentence or under observation
in a medical facility, the accused and their defence counsel shall be notified of the resolution, against which the submission of a
complaint is admissible, even if the accused is not denied their legal capacity.
(4) If the representative of the body for the social and legal protection of children and social curatorship was not
present during the pronouncement of the resolution, against which the submission of a complaint is admissible, or by which the
criminal prosecution was terminated or suspended or the matter was referred, then the copy of such resolution shall be served
to the body for the social and legal protection of children and social curatorship, if at the time when the resolution was
pronounced, the accused juvenile had not reached eighteen years of age.
(5) The public prosecutor, the person who is directly affected by the decision, and the person who instigated it by their
petition, shall always be served a copy of the resolution that decided on an appeal.
(6) The provisions of Subsection 1 through 5 shall not apply to the cases under Section 47 Subsection 3; if the
Supreme Court does not refuse the petition, the resolution shall be served to the Attorney General who will ensure that the
resolution is announced by its publication in an appropriate manner.
Section 180
Application of Provisions on Judgment
Unless this Division stipulates otherwise, the provisions of Division I of this Chapter on a judgment shall be
accordingly applied to the resolution.
Division III
Order
Section 181
Content of Order
(1) An order must include
a) the name of the authority that the decision concerns,
b) the date and place of the decision,
c) declaration of the order while stating the statutory provisions that were applied,
d) the action while stating the legal classification of the criminal offence, unless the nature of the matter suggests otherwise.
(2) A written preparation of the order must include a justification where the law so expressly stipulates.
(3) An appeal against the order is not admissible.
Section 182
Application of Provisions on the Judgment
Unless this Division stipulates otherwise, the provisions of the Division I of this Chapter on the judgment shall be
accordingly applied to the order.
Division IV
Validity and Enforceability of the Decision
Section 183
Validity and Enforceability of the Judgment
(1) The judgment is final, and unless this Act stipulates otherwise, it is also enforceable, if
a) the law does not permit an appeal against it,
b) the law allows an appeal against it, but
1. an appeal was not filed within the deadline,
2. the entitled persons have expressly waived or expressly withdrawn their appeal, or
3. the filed appeal was dismissed.
(2) An appeal filed only by the victim against the statement on damages and an appeal filed only by the party to an
action does not prevent other parts of the judgment becoming final and being performed. Similarly, an appeal relating to only
some of several defendants does not prevent the judgment becoming final and being enforced in the case of other defendants.
(3) If the deadline for filing an appeal was missed, but a request for the return of the deadline was filed by an entitled
person, the judgment cannot be enforced until the decision of such request becomes final.
Section 184
Validity and Enforceability of the Resolution
(1) A resolution is final, and unless this Act stipulates otherwise, also enforceable, if
a) the law does not permit a complaint against it,
b) the law allows a complaint against it, but
1. a complaint was not filed within the deadline,
2. the entitled persons have expressly waived or expressly withdrawn the complaint, or
3. the filed complaint was refused.
(2) The resolution is enforceable, even though it has not yet become final, although the law does admit a complaint
against it, but does not grant its suspensive effect.
(3) A complaint that relates to only some of several persons or just to some of several matters which were decided on
by the same resolution, does not prevent, even if it has a suspensive effect, the fact that the resolution became final and was
enforceable in other parts, provided they may be separated.
(4) If the deadline for filing a complaint which has a suspensive effect was missed, but a request for the return of the
deadline was filed by an entitled person, the resolution cannot be enforced until the decision of such request became final.
CHAPTER EIGHT
COMPLAINT AND COMPLAINT PROCEEDINGS
Section 185
Admissibility and Effect of the Complaint
(1) An appeal against the resolution is a complaint.
(2) Any resolution of a police officer besides the resolution on the commencement of the criminal prosecution may be
challenged by a complaint. The resolution of the court or the public prosecutor may be challenged by a complaint only in those
cases where the law expressly admits it, and if they decide on the matter in the first instance.
(3) A complaint against a resolution of the presiding judge of the court of appeals, by which they imposed a
disciplinary fine, and which is decided on by another court of this court with superior authority, is admissible.
(4) A complaint against a resolution of the court of appeals on the remand of the accused in custody, and which is
decided on by another court of this court with superior authority, is admissible.
(5) A complaint against the resolution of the Attorney General may be filed only if it is a resolution on the seizure of
assets under Section 191. The Supreme Court shall decide on the complaint.
(6) The complaint has a suspensive effect only where the law expressly stipulates it.
Section 186
Entitled Persons
(1) Unless the law stipulates otherwise, the complaint may be filed by a person who is directly affected by the
resolution or who filed a petition for the resolution, which they are entitled to do by law; a complaint against the resolution of the
court may also be filed by the public prosecutor and can even be in the accused’s favour. The legal representative, defence
counsel, or body for the social and legal protection of children and social curatorship may also file a complaint in favour of the
juvenile accused even against their will; the deadline for the submission of an appeal shall run separately.
(2) A complaint against the resolution on custody and on the protective treatment may be filed in favour of the
accused, even by persons who could also file an appeal in their favour.
Section 187
Deadline and Place of Submission
(1) A complaint shall be submitted to the authority against whose resolution it is directed within three days of the
resolution notification, with the exception of complaints against resolutions under Section 83 Subsection 2; if it is performed
under Section 204 Subsection 1, a complaint shall be filed before the completion of the summary investigation. If the accused
as well as their legal representative or defence counsel are notified of the resolution, the deadline shall run from the notification
that was performed last.
(2) The deadline for the submission of a complaint from a person who may file a complaint in favour of the accused
ends on the same day as in the case of an accused; however, the deadline of the public prosecutor shall run separately.
Section 188
Waiver and Withdrawal of the Complaint
(1) The entitled person may expressly waive their right to the complaint.
(2) An entitled person may expressly withdraw the filed complaint until it was decided on. A complaint by the public
prosecutor may also be withdrawn by a superior public prosecutor.
(3) A complaint filed in favour of the accused by another entitled person, or by the defence counsel or legal
representative on behalf of the accused, may be withdrawn only with the express consent of the accused. However, the public
prosecutor may withdraw such complaint even without the consent of the accused. In such a case, a new deadline for the
submission of the complaint shall run for the accused from the notification that the complaint was withdrawn.
(4) The withdrawal of the complaint shall be taken into account, if there are no obstacles, by the authority competent
to decide on the complaint by a resolution, and if the matter was not yet submitted to such authority, by the authority against
whose decision the complaint is directed; the presiding judge shall decide on it in proceedings before the court.
Section 189
Reasons for Complaint
(1) A resolution may be challenged for
a) the inaccuracy of any of its statements,
b) an obvious conflict of the statements with the justification, or
c) the violation of the provisions on the proceedings that preceded the resolution, if such violation could cause incorrect
statements in the resolution.
(2) Complaints may include facts and evidence that were unknown in the proceedings of the first instance.
(3) If a complaint is being filed by the public prosecutor, body for the social and legal protection of children and social
curatorship, or defence counsel for the accused or on their own behalf, the complaint must also be justified, with the exception
of a complaint by the public prosecutor against the resolution on the non-remand of the accused in custody.
Section 190
Proceedings before the Authority against whose Resolution a Complaint is being Directed
(1) The authority against whose resolution a complaint is directed may grant it itself, if the change of the original
resolution does not affect the rights of another party to the criminal proceedings. If it is the resolution of a police officer, which
was issued with the prior consent of the public prosecutor or upon their order, the police officer may grant the complaint
themselves, but only with the prior consent of the public prosecutor.
(2) If the deadline for the submission of a complaint has expired for all the entitled persons and the complaint was not
granted under Subsection 1, the matter shall be submitted for a decision
a) by a police officer to the public prosecutor who shall supervise compliance with the rule of law in the preliminary hearing and,
if it is a complaint against the resolution which the public prosecutor gave their consent or order to, they shall refer it to the
superior public prosecutor,
b) by the public prosecutor or the court to the superior public prosecutor or court,
c) by the high court clerk or the court secretary to the presiding judge and, in the preliminary hearing, to the judge for the
preliminary hearing who has superior authority during the decision,
d) by the assistant prosecutor to the public prosecutor who shall supervise or who has supervised compliance with the rule of
law in the preliminary hearing and who occupies the position of superior public prosecutor during such decision.
(3) If a complaint was filed against a resolution on the non-remand of the accused into custody, the judge for the
preliminary hearing shall submit the matter to the superior court for the decision without undue delay. The submission of the file
shall be provided by the judge for the preliminary hearing or, upon their request, by the Police Force no later than the next
working day. Similarly, it shall proceed if the complaint is filed by the accused against the resolution on the remand into custody
in the proceeding under Section 204 Subsection 1 or if the complaint was filed against the resolution on custody, if the court or
the judge for the preliminary hearing decides under Section 76 Subsection 3 or 4.
Section 191
Decision on Complaints against Decisions on Seizure of Assets
A complaint against the decision by which the public prosecutor
a) seized the assets of the accused to ensure the claim of the victim under Section 50 Subsection 1,
b) refused the petition of the victim to ensure their claim under Section 50 Subsection 5,
c) revoked or restricted the assurance of the claim of the victim under Section 51 Subsection 1 and 2, or removed the items
seized for the claim of the victim under Section 51 Subsection 2,
d) seized the assets of the accused under Section 425 Subsection 1, shall be decided on by the judge for preliminary hearing of
the court that is competent to act in the first instance, usually within five working days from the submission of the matter to the
court.
Decision of the Superior Authority
Section 192
(1) During the decision on the complaint, the superior authority shall examine
a) the accuracy of statements of the contested resolution against which the complainant filed a complaint, and
b) the conduct preceding the statements of the contested resolution.
(2) If the complaint concerns only some of several persons or just some of several items that were decided on by the
same resolution, then the superior authority shall only examine the accuracy of the statements relating to such person or such
item, and the proceedings preceding the examined section of the resolution.
(3) A complaint under Section 190 Subsection 3 against a resolution on the non-remand of the accused into custody
shall be decided on by the superior court at a public hearing and the complaint against the resolution on the remand of the
accused into custody in a closed hearing within five working days from the submission of the matter for the decision. The
complaint against the resolution on the release of the arrested accused to liberty shall be decided on by the superior court at a
public hearing, which may be performed even without the presence of the accused, if they were properly and timely summoned
to it, and without the presence of the defence counsel, if they were properly and timely notified of it; the judge for the preliminary
hearing shall always ascertain the address for the serving of documents during the interrogation of the arrested accused.
(4) A complaint against the resolution, by which the petition for the extension of the term of custody was decided on,
shall be decided on by the superior court no later than by the expiry of the deadline which is to be extended. A complaint against
the decision on custody after the submission of an indictment or the petition for the approval of the agreement on guilt and
punishment under Section 76 Subsection 3 or 4 shall be decided by the superior court no later than by the expiry of the term,
which would be the term of custody in the preliminary hearing.
Section 193
(1) The superior authority shall refuse the complaint, if
a) it is not admissible,
b) it was filed late, by an unauthorised person or the person who expressly waived it, or who filed the complaint again, which
they have previously expressly withdrawn, or
c) it is not justified.
(2) A complaint that was filed late by the entitled person, only because they observed incorrect instructions which
were given to them during the notification of the resolution, shall not be refused as late.
Section 194
(1) If the superior authority does not refuse the complaint, it shall revoke the contested resolution, and if given the
nature of the matter a new decision is necessary,
a) they shall decide in the matter themselves, or
b) they shall order the authority, against whose decision the complaint is directed, to act and decide in the matter again, with the
exception of decision making on a complaint against a decision on custody under Section 72 Subsection 1 Paragraphs a), d)
and f), a decision on a complaint against the decision on custody, if the court of first instance decided on custody after the
submission of an indictment or a petition for the approval of the agreement on guilt and punishment under Section 76
Subsection 3 or 4, decision making on a complaint against the decision on the continuation of protective treatment, release from
the protective treatment or the termination of the protective treatment, if the presiding judge decided before the completion of
the enforcement of the punishment under Section 446a Subsection 3 or 4 and decision making on a complaint against the
decision on the petition for the placement of the convicted person in a detention facility under Section 462.
(2) If only part of the contested resolution is incorrect and it can be separated from the others, or if the complaint only
concerns part of the resolution, the superior authority shall restrict their decision under Subsection 1 to only that part.
(3) If the deficiency lies in the fact that some statement is missing or is incomplete in the contested resolution, the
superior authority may, even without pronouncing the revocation of the contested resolution, complete it themselves or order the
authority, against whose decision the complaint is directed, to decide on the missing statement or complete it.
(4) The court deciding on the complaint may, if it deems it necessary, order that the matter is heard again in the first
instance and that it is decided on by a different composition of the court or by another court of the same type and instance in its
jurisdiction.
(5) The authority to which the matter was returned for a new hearing and decision is, during the new decision making,
bound by the legal opinion that was pronounced in the matter by the superior authority and is obliged to perform actions which
are ordered by such authority.
(6) If the superior court decided on the remand of the accused in custody, they shall immediately order that the Police
Force, Military Police or the Corps of Prison and Court Guard deliver them to the place of the performance of custody.
Section 195
(1) The authority deciding on the complaint cannot change the resolution based on their notion to the detriment of the
person who filed the complaint, or in whose favour the complaint was filed.
(2) If the superior authority changes the resolution in favour of the accused for reasons of the violation of their right to
a defence counsel and it is also in favour of any other co-defendant, they shall also change the resolution in favour of such codefendant.
(3) The provisions of Subsection 1 shall also apply accordingly to the authority to which the matter was ordered for a
new hearing and decision.
PART TWO
PRETRIAL PROCEEDINGS
CHAPTER ONE
PROCEDURE BEFORE THE START OF THE CRIMINAL PROSECUTION
Section 196
(1) A criminal complaint must be submitted to a public prosecutor or a police officer. The public prosecutor and police
officer shall notify the Office of Special Prosecution of the filed criminal complaint without undue delay, if it relates to the
jurisdiction of the Specialised Criminal Court.
(2) If the public prosecutor or police officer find that it is necessary to supplement it after the receipt of the criminal
complaint, the completion shall be performed by the interrogation of the reporting person or victim, or by requesting the written
documentation from the reporting person or from another person or authority by the competent public prosecutor or competent
police officer so that it can be decided under Section 197 or Section 199 within the deadline of 30 days from the receipt of the
criminal complaint. The public prosecutor or police officer may interrogate the person on the circumstances suggesting that they
were supposed to commit a criminal offence on the basis of a criminal complaint or another notion. Such person has the right to
refuse to testify if their testimony would cause a risk to their own criminal prosecution, or to their direct relative, their sibling,
adoptive parents, adopted child, spouse or partner, or other persons in the family or a similar relationship, whose damage they
would rightfully feel as their own; however, they may not be interrogated in the cases referred to in Section 129. Such person
must be instructed on the consequences of false accusations. The interrogated person has the right to the legal assistance of
an attorney. The provisions of Section 128 shall apply accordingly to the summons and presentation of such person or the
reporting person.
(3) A victim of a criminal offence that was committed in a Member State of the European Union, other than the one
where they reside, is entitled to file a criminal complaint to the competent authority of the State where they reside, if they could
not or did not want to in the State where the criminal offence was committed.
(4) If a public prosecutor or police officer through a public prosecutor is served a criminal complaint under Subsection
3 and they are not competent to act in the matter, without undue delay they shall refer the criminal complaint to the competent
authority of such Member State of the European Union in the territory of which the criminal offence was committed.
Section 197
(1) If there is no reason to commence the criminal prosecution or for the procedure under Subsection 2, the public
prosecutor or the police officer, shall
a) submit the matter through a resolution to the competent authority for the hearing of the offence or another administrative
offence,
b) submit the matter through a resolution to another authority for disciplinary proceedings,
c) defer the matter through a resolution, if the criminal prosecution is inadmissible or if the criminality of the act expired, or
d) refuse the matter through a resolution.
(2) The public prosecutor or police officer, before the commencement of the criminal prosecution, may defer the
matter through a resolution, if the criminal prosecution is inappropriate given the circumstances referred to in Section 215
Subsection 2.
(3) The resolution under Subsection 1 or 2 shall be served to the reporting person and the victim. The reporting
person and the victim may file a complaint against the resolution. The police officer shall serve such resolution to the public
prosecutor no later than within 48 hours.
Section 198
(1) The public prosecutor, after the receipt of the criminal complaint, may proceed under Section 197 Subsection 1 or
2 or submit the criminal complaint to a police officer. They shall notify the reporting person and the victim of the submission of
the criminal complaint to the police officer in writing without undue delay.
(2) The public prosecutor shall review the progress of the police officer under Section 197 within 30 days, if the
reporting person or the victim request them to, and they shall be notified of the outcome of the review without undue delay.
CHAPTER TWO
PRELIMINARY HEARING
Division I
Start of the Preliminary Hearing
Section 199
Start of the Criminal Prosecution
(1) If there is no reason for the procedure under Section 197 Subsection 1 or 2, the police officer shall commence the
criminal prosecution without undue delay; however, this should be no later than within 30 days from the receipt of the criminal
complaint, if it is necessary to supplement it. The criminal prosecution shall commence by the issue of the resolution. If there is
a risk of delay, the police officer shall commence the criminal prosecution by the performance of the assurance procedure, the
non-recurring action, or an urgent action. After the performance they shall immediately prepare the resolution on the
commencement of the criminal prosecution, stating by which of these actions the criminal prosecution was commenced. The
police officer shall notify the reporting person and the victim on the commencement of the criminal prosecution. The police
officer shall serve such resolution to the public prosecutor no later than within 48 hours.
(2) The police officer shall proceed under Subsection 1 accordingly, if they learned about the facts justifying the
commencement of the criminal prosecution from other than a criminal complaint.
(3) The resolution on the commencement of the criminal prosecution must include a description of the act and the
place, time, or other circumstances under which it occurred, the type of criminal offence committed by determining its legal
classification, and the relevant provisions of the Penal Code. The resolution shall not include a justification.
(4) The criminal prosecution shall commence by the performance of the assurance action, urgent action, or nonrecurring action even if it was performed by a locally non-competent police officer, if the performance by a competent police
officer could not be achieved and they shall submit the matter to a competent police officer, along with the resolution on the
commencement of the criminal prosecution no later than within three days from its performance.
(5) A police officer is authorised to perform all actions under this Act after the commencement of the criminal
prosecution.
Division II
Investigation and Summary Investigation
Section 200
Extent of Investigation
(1) An investigation is performed on crimes.
(2) An investigation is also performed on offences, if
a) the accused is in custody, is serving a prison sentence or is under observation in a medical facility, with the exception of
offences committed while in custody or serving a prison sentence,
b) the sudden death occurs of the accused in custody or while the convicted is serving a prison sentence, or
c) it was ordered by the public prosecutor.
(3) If it is necessary to perform an investigation on at least one of the criminal offences, an investigation on all criminal
offences of the same accused person, and also against all accused persons whose criminal offences are related is performed.
(4) The investigation shall be performed by a police officer referred to in Section 10 Subsection 8 Paragraphs a) and
b).
(5) The jurisdiction of a police officer under Section 10 Subsection 8 Paragraphs a) and b), who performed an
investigation of a crime or an offence, shall not end if during the investigation it is ascertained that the reasons for which they
were competent to act in the matter expired.
Section 201
Common Procedure in an Investigation and in Summary Investigations
(1) A police officer generally performs an investigation or a summary investigation personally. The acts by which the
criminal prosecution was commenced, or which were performed after the commencement of the criminal prosecution by the
locally non-competent police officer, do not need be repeated if they were performed under this Act.
(2) A police officer shall proceed in an investigation or in a summary investigation so that they can procure a basis for
the clarification of the act to the extent necessary to assess the case, and identify the offender of the criminal offence as soon
as possible.
(3) The police officer performs all acts independently and is obligated to perform them in compliance with the law and
in a timely manner, except when a decision or the consent of a judge for the preliminary hearing or a public prosecutor is
necessary.
(4) A police officer shall procure evidence regardless of whether such are in favour or to the detriment of the accused;
at the same time, they shall proceed under Subsection 3. The accused may not be illegally coerced in the interrogation and
confession in any way. Refusal to testify cannot be used as evidence against the accused.
(5) Disputes over jurisdiction among law enforcement authorities shall be decided by an order with appropriate
justification issued by
a) their closest common superior body,
b) the public prosecutor performing supervision under Section 230, provided such disputes concern those jurisdiction disputes
among law enforcement authorities referred to in Section 10 Subsection 8 which fall under the jurisdiction of different Ministries.
(6) The withdrawal and ordering of matters among law enforcement authorities shall be decided by an order with an
appropriate justification issued by
a) their closest common superior body,
b) the public prosecutor performing supervision under Section 230, if it regards the withdrawal and ordering of matters among
law enforcement authorities referred to in Section 10 Subsection 8 which fall under the jurisdiction of different Ministries.
Section 202
Extent of the Summary Investigation
(1) A summary investigation shall be performed on offences unless it is a conduct under Section 200 Subsection 2.
(2) A summary investigation on offences, for which the law stipulates a prison sentence with an upper penalty limit not
exceeding three years, shall be performed by a police officer referred to in Section 10 Subsection 8 Paragraphs c) through h);
the police officer referred to in Section 10 Subsection 8 Paragraphs a) and b) shall perform a summary investigation on the
others.
(3) The jurisdiction of a police officer under Section 10 Subsection 8 Paragraphs a) and b), who performed a summary
investigation on an offence, shall not end if during the course of the summary investigation it is found that the reasons for which
they were competent to act in the matter expired.
Procedure for Summary Investigation
Section 203
(1) In the case of a summary investigation, the police officer shall proceed under the provisions of this Act on the
investigation with the following deviations:
a) they shall perform an interrogation of the witness, if it is a non-recurring action, an urgent action, or if it is a witness who was
personally present during the commission of the criminal offence; in other cases they shall only request an explanation, which is
recorded,
b) they shall seek and provide evidence that could be performed in the subsequent proceedings, which is recorded,
c) the summary investigation must be generally completed within two months after the accusations were raised.
(2) If the summary investigation does not finish within two months after the accusations were raised, the police officer
shall notify the public prosecutor in writing why it was not possible to complete the summary investigation and what acts are still
necessary to perform. The public prosecutor may change the scope of actions of the police officer that are still to be performed
through an order, or order an investigation in the matter.
Section 204
(1) If the public prosecutor is, together with the file, submitted a person who was apprehended as a suspect during the
commission of an offence or immediately after it for which the law provides a prison sentence with an upper penalty limit that
does not exceed five years and the public prosecutor does not release them to liberty, they shall submit them to the court along
with the file and an indictment no later than within 48 hours of apprehension. If the public prosecutor finds reasons for custody,
they shall simultaneously petition that the accused is remanded in custody.
(2) If the public prosecutor releases the accused referred to in Subsection 1 to liberty by a written and justified order,
they may return the file back to the police officer with instructions for the completion of the summary investigation. If the
completion of the summary investigation is not necessary, the public prosecutor shall file an indictment, unless they decide
otherwise.
Section 205
Temporary Deferral of Raising Accusations
(1) If the raising of the accusations significantly hinders the clarification of corruption, a criminal offence of
establishing, plotting and supporting a criminal group, a criminal offence of establishing, plotting and supporting a terrorist
group, or a crime committed by an organised group, criminal group or a terrorist group, criminal offence of premeditated murder
or the identification of the offender of such criminal offence, a police officer with prior consent from the public prosecutor may
defer the charges for such criminal offence or for another criminal offence against the person who significantly contributes to the
clarification of any such criminal offences or to the identification of the offender for the necessary period. Charges against the
organiser, instigator, or client of the criminal offence on which clarification they participate, cannot be temporarily deferred.
(2) The police officer shall prepare a record of the temporary deferral of the charges, a copy of which shall be sent to
the public prosecutor within 48 hours.
(3) If the reasons for the temporary deferral of the charges expired, the police officer shall press charges upon the
order of the public prosecutor without undue delay.
Pressing Charges
Section 206
(1) If, on the basis of a criminal complaint or ascertained facts, after the commencement of the criminal prosecution,
there is a sufficiently justified conclusion that a criminal offence was committed by a certain person, the police officer shall issue
a resolution on the pressing of charges without undue delay, which the accused shall be immediately notified of, and it shall be
served to the public prosecutor no later than within 48 hours. If the accused is a judge, court bailiff, notary, expert, interpreter or
translator, they shall also serve it to the Minister of justice, and if the accused is an attorney, then also to the Slovak Bar
Association; they shall notify the reporting person and the victim of such act without undue delay. If the resolution on pressing
charges was announced by its pronouncement, the police officer is obligated to issue a copy of such resolution to the accused
without undue delay.
(2) The commencement of the criminal prosecution and the pressing of charges may be decided on by a single
resolution which the accused should be notified on and served to the public prosecutor by the police officer within 48 hours.
They shall notify the reporting person and the victim of this act. If the commencement of the criminal prosecution and the
pressing of the charges are announced by the pronouncement of the resolution, the police officer is obligated to issue a copy to
the accused.
(3) The resolution on pressing charges must include the designation of the person against whom the charges are
being pressed, a description of the act while stating the place, time or other circumstances under which it occurred, so that the
act cannot be confused with another one, the legal classification of the criminal offence including the relevant provisions of the
Penal Code, and the facts that justify the pressed charges.
(4) If during the course of an investigation or summary investigation, facts are revealed that sufficiently justify the
conclusion that the accused committed another act for which the pressed charges do not apply, the police officer shall also
press charges for such other acts. If a criminal prosecution was not commenced for such act, they shall decide under Section
199 Subsection 1.
(5) If during the course of an investigation or summary investigation, facts are revealed that sufficiently justify the
conclusion that the accused committed another partial attack of a continued criminal offence before the notification of the
resolution on the pressing of charges, for which a resolution on the pressing of the charges does not apply, the police officer
shall also extend the charges to such partial attack of the continued criminal offence. If a criminal prosecution was not
commenced for such partial attack, it is not necessary to proceed under Section 199 Subsection 1.
(6) If during an investigation or a summary investigation it is revealed that the act for which the charges were pressed
is a different criminal offence or a criminal offence other than the one legally qualified in the resolution on the pressing of
charges, the police officer shall warn the accused of such circumstance in writing; the warning may also be recorded in the
transcript. A copy of the warning or the transcript shall be served to the public prosecutor within 48 hours.
Section 207
(1) If the identity of the person against whom the charges are to be pressed cannot be reliably ascertained, then
fingerprints, visual records, data on the external body measurements, specific physical characteristics, and their nickname or
another designation and a detailed description of the person shall be enclosed with the resolution on the pressing of charges in
the place of personal data.
(2) If during the course of an investigation or a summary investigation the identity of the accused indicated under
Subsection 1 is ascertained or if during the course of an investigation it is revealed that the data on the identity of the accused is
other than that stated in the resolution on the pressing of charges, the police officer shall notify the accused thereof and note it
in the transcript. A copy of the transcript shall be served to the public prosecutor within 48 hours, and if the accused is in
custody then also to the court that decided on the custody and to the institution that performs the custody as well as to the
defence counsel of the accused. The actions that were performed after the indication of the accused under Subsection 1, or
before ascertaining their true identity, do not need to be repeated.
Completion of an Investigation and a Summary Investigation
Section 208
(1) If the police officer deems the investigation or the summary investigation completed and its results sufficient for the
submission of a petition for an indictment or another decision, they shall allow the accused, defence counsel, victim, their proxy
or guardian, party to an action and their proxy to study the files within a reasonable deadline, and to submit petitions for the
completion of the investigation or the summary investigation; the persons may expressly waive such rights which they must be
instructed on. If it is not a procedure under Section 204 Subsection 1, the police officer shall warn the accused and defence
counsel of the rights under the first sentence at least three days in advance. Such period may also be shortened with their
consent. The petition for the completion of an investigation or a summary investigation may be refused by the police officer,
unless they deem it necessary.
(2) A police officer shall make a record in file of the acts, utilisation or refusal of rights under Subsection 1.
Section 209
(1) Upon the completion of an investigation or a summary investigation, a police officer shall submit a file to the public
prosecutor with the petition for the submission of an indictment or another decision, if they do not decide under Section 214
Subsection 2 or Section 215 Subsection 4. The petition for the submission of an indictment must include the list of the evidence
performed and proposed, and the justification for why they did not grant the petitions for the performance of further evidence or
refused the submitted evidence. The numbered material evidence and their list shall be submitted along with the file, provided
their nature allows it.
(2) An investigation of particularly serious crimes must be completed within six months from pressing the charges; in
other cases, within four months.
(3) If an investigation is not completed within the deadlines referred to in Subsection 2, a police officer shall notify the
public prosecutor in writing why they could not complete the investigation within the set deadlines, what other acts are still
necessary to perform, and how long the investigation will continue. The public prosecutor may change the extent of the actions
of the police officer that are still to be performed through an order. They may also set a different deadline for which the
investigation may continue.
(4) The provisions of Subsection 2 and 3 shall not apply to the summary investigation.
Section 210
Request for the Review of the Procedure of a Police Officer
The accused, victim, and the party to an action have the right to request the public prosecutor to review the procedure
of the police officer during the course of an investigation or a summary investigation, especially in order to eliminate any delays
or other deficiencies in the investigation or summary investigation. The police officer must submit the request to the public
prosecutor without undue delay. The public prosecutor is obliged to examine the request and notify the applicant of its outcome.
Division III
Consent of the Victim
Section 211
(1) Criminal prosecution for criminal offences of bodily harm under Section 157 and 158, threat with a venereal
disease under Section 167, failure to provide assistance under Section 177 and 178, theft under Section 212, embezzlement
under Section 213, illegal use of a stranger’s item under Section 215, illegal use of a stranger’s motor vehicle under Section 216
and 217, fraud under Section 221, profiteering under Section 231 and 232, usury under Section 235, concealing of items under
Section 236, violation of obligations of trust under Section 237 and 238, damage to a creditor under Section 239, favouring of a
creditor under Section 240, damage to a stranger’s item under Section 245 and 246, damage and abuse of a record on an
information medium under Section 247, violation of copyright under Section 283, false accusation under Section 345, stalking
under Section 360a, slander under Section 373, damage of a stranger’s right under Section 375 of the Penal Code against a
person who is related to the victim as a person against whom the victim as a witness would have the right to refuse to testify, as
well as for the criminal offence of insobriety under Section 363 of the Penal Code, if it otherwise shows the characteristic signs
of the facts of any of these criminal offences, they may possibly commence and continue in the already commenced criminal
prosecution only with the consent of the victim. If there are several victims of the same act, the consent of only one is sufficient.
(2) The provisions of Subsection 1 shall not apply if such act caused death or the victim is the State, municipality,
higher territorial unit, a legal entity with an ownership stake of the State, or a legal entity which manages public finances.
Section 212
(1) The victim shall announce the sign of will under Section 211 Subsection 1 to the public prosecutor or the police
officer in writing or orally in the transcript.
(2) The victim may withdraw the consent to the criminal prosecution by an express declaration at any time until the
court of appeals adjourns for the final deliberation.
(3) The consent expressly denied or withdrawn may be granted again only if the circumstances of the case indicate
that the denial of the consent or its withdrawal was performed in distress under the influence of a threat, coercion, dependency
or subordination.
(4) If from the circumstances of the case, it is undisputable that the consent was not given or granted again only
because the victim was in distress, was threatened, under pressure, dependant or subordinate, it shall be deemed that the
consent was granted.
(5) The admissibility of the re-granting of the consent or the status under Subsection 4 shall be decided on by such
law enforcement authority or the court that acts in the matter.
Division IV
Participation of the Accused and the Defence Counsel in an Investigation and a Summary Investigation
Section 213
(1) The police officer may allow the participation of the accused in investigative acts and allow them to ask the
interrogated witnesses questions. They shall proceed this way especially if the accused does not have a defence counsel and
the act is based on the interrogation of the witness, in which it is reasonable to assume that it will not be possible to perform it in
the proceedings before the court, only if the provision of their presence or their presence could jeopardise the performance of
such act.
(2) The defence counsel has the right to participate in acts after the pressing of charges, the outcome of which could
be used as evidence in the proceedings before the court, only if the performance of the act cannot be deferred and the defence
counsel cannot be notified thereof. The defence counsel may ask the accused and other interrogated persons questions after
the police officer has completed the interrogation.
(3) If the defence counsel notifies the police officer that they want to attend the investigative act under Subsection 2,
the police officer is obliged to timely inform them about the time, place of the performance of the act, and the type of act, with
the exception of cases where the performance of the act cannot be deferred and the notification of the defence counsel could
not be ensured. The police officer shall prepare a record of this which shall be entered in the file.
(4) If a defence counsel or a defence counsel authorised by them fails to appear for the ordered act, the police officer
shall perform such act even without their participation, except for the interrogation of the accused who insists on the presence of
the defence counsel.
(5) If the defence counsel takes part in the interrogation of the witness whose identity must be classified under
Section 136 Subsection 3, the police officer shall perform the necessary measures to ensure that the actual identity of the
witness is not revealed.
Division V
Decisions in the Preliminary Hearing
Section 214
Referral of the Matter
(1) The public prosecutor or a police officer shall refer the matter to another authority if the results of an investigation
or a summary investigation show that it is not a criminal offence, but an act that could be qualified as an offence or another
administrative offence, or could be heard in disciplinary proceedings.
(2) The police officer shall refer the matter to another authority only if charges were not pressed in the matter.
(3) The resolution on the referral of the matter shall be served to the accused and the victim and also to the reporting
person if they are not the victim; the resolution of the police officer shall also be served to the public prosecutor no later than
within 48 hours.
(4) The accused and the victim may file a complaint against the resolution under Subsection 1, which has a
suspensive effect.
Section 215
Termination of the Criminal Prosecution
(1) The public prosecutor shall terminate the criminal prosecution, if
a) there is no doubt that the act for which there is a criminal prosecution did not occur,
b) the act is not a criminal offence and there is no reason for the referral of the matter,
c) there is no doubt that the accused did not commit the act,
d) the criminal prosecution is inadmissible under Section 9,
e) the accused was not criminally liable due to not being legally responsible at the time of the act,
f) the accused juvenile, who at the time of the commission of the act was not older than 15 years of age, had not reached such
level of mental and moral development to be able to recognise its illegality or to control their conduct,
g) a settlement between the accused and the victim was approved, or
h) the criminality of the act expired.
(2) The public prosecutor may terminate the criminal prosecution, if
a) the punishment, which may come as a result of the criminal prosecution, is entirely without purpose next to the punishment
already finally imposed upon the accused for another act, or
b) the act of the accused has already been finally decided in a disciplinary manner by another body or by an authority
competent to act on the offence or another administrative offence, a foreign court or by another foreign authority competent to
act on the criminal offence, offence or another administrative offence and such decision may be deemed sufficient,
c) the act submitted for the criminal prosecution abroad has been finally decided by a foreign court or another foreign authority
competent to act on the criminal offence, offence or another administrative offence and such decision may be deemed sufficient.
(3) The public prosecutor may terminate the criminal prosecution against an accused who made significant
contributions to clarifying corruption, a criminal offence of establishing, plotting and supporting a criminal group, a criminal
offence of establishing, plotting and supporting a terrorist group or a crime committed by an organised group, criminal group or a
terrorist group or to the identification or conviction of an offender of such criminal offence and the interests of society on the
clarification of such criminal offence outweigh the interest in the criminal prosecution of the accused for such criminal offence or
another criminal offence; a criminal prosecution against an organiser, instigator or client of a criminal offence, on which
clarification they participated, may not be terminated.
(4) The police officer is also entitled to terminate the criminal prosecution under Subsection 1 if charges were not
pressed.
(5) The resolution on the termination of the criminal prosecution must be served to the accused and the victim. The
resolution of the police officer shall be served to the public prosecutor no later than within 48 hours.
(6) The accused and the victim may file a complaint against the resolution on the termination of the criminal
prosecution, which has a suspensive effect, except for Subsection 1 Paragraph f), and in the case of the accused, also except
for Subsection 3.
(7) A criminal prosecution that was terminated under Subsection 2 Paragraph a) shall be continued if the accused
declares that they insist on hearing the matter within three days from the serving of the resolution. The accused must be
instructed on this fact.
(8) A criminal prosecution that was terminated for the reasons referred to in Section 9 Subsection 1 Paragraph b) shall
however continue after the expiry of the mandate of the member of the National Council of the Slovak Republic, function of the
judge of the Constitutional Court, function of the judge, and the function of the Attorney General by the issue of the resolution of
the continuation of the criminal prosecution, if the facts suggest that such procedure is justified.
Conditional Suspension of the Criminal Prosecution
Section 216
(1) In proceedings for an offence for which the law stipulates a prison sentence with an upper penalty limit not
exceeding five years, the public prosecutor may, with the consent of the accused after the accusations were raised until the
submission of an indictment upon the petition of the police officer, or even without such petition, conditionally suspend the
criminal prosecution, if
a) they declare that they committed the act for which they are being prosecuted, and there are no reasonable doubts that their
declaration was made freely, seriously and clearly,
b) they compensated the damage, if it was caused by the act or if they concluded an agreement with the victim on its
compensation or performed another necessary measures for its compensation, and
c) given the character of the accused, taking into account their current life, and the circumstances of the case, such decision
may be deemed sufficient.
(2) In the resolution on the conditional suspension of the criminal prosecution, a probational period of one to five years
is determined for the accused. The probational period begins by the final resolution on the conditional suspension of the criminal
prosecution.
(3) The accused that concluded an agreement on damages with the victim shall be imposed upon in the resolution on
the conditional suspension of the criminal prosecution to pay the damages during the course of the probational period.
(4) The accused may also be imposed upon under Subsection 2 to observe reasonable restrictions and obligations
directed for them to lead an orderly life, or to abstain from the activity which led them to the commission of the offence during
the probational period.
(5) The resolution on the conditional suspension of the criminal prosecution shall be served to the accused and the
victim; the accused and the victim may file a complaint against it, which has a suspensive effect.
(6) The conditional suspension of the criminal prosecution is not possible, if
a) the criminal offence caused the death of a person,
b) there is a criminal prosecution for corruption, or
c) there is a criminal prosecution against a public official or a foreign public official for a criminal offence committed in relation to
the execution of their powers and responsibilities.
Section 217
(1) If the accused leads an orderly life during the probational period, fulfils the obligation to pay damages, and also
complies with other imposed restrictions and obligations, the public prosecutor shall decide that the accused has proven
themselves competent. Otherwise, they shall decide, even during the probational period, that the criminal prosecution shall
continue. They shall issue a resolution on the competency or the continuation of the criminal prosecution.
(2) If the decision under Subsection 1 was not issued within two years from the expiry of the probational period
without the fault of the accused, it shall be deemed that they have proven themselves competent.
(3) The resolution under Subsection 1 shall be served to the accused and the victim; the accused and the victim may
file a complaint against it, which has a suspensive effect.
(4) The effects of the termination of the criminal prosecution under Section 9 Subsection 1 Paragraph e) come into
effect by the validity of a resolution that the accused has proven themselves competent or the expiry of the deadline under
Subsection 2.
Conditional Suspension of the Criminal Prosecution of the Cooperating Accused
Section 218
(1) The public prosecutor may conditionally suspend the criminal prosecution of an accused who made significant
contributions to clarifying corruption, a criminal offence of establishing, plotting and supporting a criminal group, a criminal
offence of establishing, plotting and supporting a terrorist group or a crime committed by an organised group, criminal group or a
terrorist group or to the identification or conviction of an offender of such criminal offence and the interests of society on the
clarification of such criminal offence outweigh the interest in the criminal prosecution of the accused for such criminal offence or
another criminal offence; a criminal prosecution against an organiser, instigator or client of a criminal offence, on which
clarification they participated, may not be conditionally suspended.
(2) In the resolution on the conditional suspension of the criminal prosecution, a probational period of two to ten years
is determined for the accused. The probational period begins by the final resolution on the conditional suspension of the criminal
prosecution. In the resolution, the accused shall be imposed upon to fulfil the terms referred to in Subsection 1 during the
probational period.
(3) The resolution on the conditional suspension of the criminal prosecution shall be served to the accused and the
victim; the accused and the victim may file a complaint against it, which has a suspensive effect.
Section 219
(1) If the accused fulfils the terms under Section 218 Subsection 1 during the probational period, the public prosecutor
shall decide that the accused has proven themselves competent. Otherwise they shall decide, even during the probational
period, that the criminal prosecution shall continue. They shall issue a resolution on the competency or the continuation of the
criminal prosecution.
(2) If the decision under Subsection 1 was not issued within two years from the expiry of the probational period
without the fault of the accused, it shall be deemed that they have proven themselves competent.
(3) The resolution under Subsection 1 shall be served to the accused and the victim; the accused and the victim may
file a complaint against it, which has a suspensive effect.
(4) The effects of the termination of the criminal prosecution under Section 9 Subsection 1 Paragraph e) come into
effect by the validity of a resolution that the accused has proven themselves competent or the expiry of the deadline under
Subsection 2.
Settlement
Section 220
(1) In proceedings on an offence for which the law stipulates a prison sentence with an upper penalty limit not
exceeding five years, the public prosecutor may, with the consent of the accused and the victim, decide on approving a
settlement and terminate the criminal prosecution, if the accused
a) declares that they committed an act for which they are being prosecuted, and there are no reasonable doubts that their
declaration was made freely, seriously and specifically,
b) compensated for the damage, if it was caused by the act or performed other measures for the damages, or otherwise
removed the damage caused by the criminal offence, and
c) deposits a monetary sum to the bank account of the court and, in the preliminary hearing, to the account of the public
prosecution designated for a specific beneficiary for generally beneficial purposes, and such monetary sum is obviously not
disproportionate to the seriousness of the committed criminal offence and, given the nature and seriousness of the committed
act, the degree to which the public interest was affected by the criminal offence, the accused and their personal and financial
circumstances, such manner of decision is deemed to be sufficient.
(2) The settlement under Subsection 1 cannot be approved, if
a) the criminal offence caused the death of a person,
b) there is a criminal prosecution for corruption, or
c) there is a criminal prosecution against a public official or a foreign public official for a criminal offence committed in relation to
the execution of their powers and responsibilities.
Section 221
(1) If the circumstances of the case so require, before the decision on the approval of the settlement, the public
prosecutor shall interrogate the victim and the accused, particularly on the manner and circumstances of the conclusion of the
settlement, whether the settlement between them was concluded voluntarily, and whether they agree with the approval of the
settlement; through the interrogation of the accused they shall ascertain whether they understand the contents of the charges
and whether they are aware of the consequences of the approval of a settlement. A declaration that they committed the act for
which they are being prosecuted must be part of the interrogation of the accused.
(2) Before the interrogation of the accused and the victim, it is necessary to instruct them on the rights and the nature
of the settlement.
Section 222
If the victim is a legal entity, instead of interrogating the statutory representative or another person authorised to act
on its behalf, it is possible to provide a written statement of the legal entity on the circumstances listed in Section 220
Subsection 1.
Section 223
(1) The decision on the approval of the settlement and the termination of the criminal prosecution must include the
description of the act that such settlement concerns, its legal qualification, content of the settlement including the amount of
compensated damage or damage, that such accused committed to replace, or other measures for the removal of the damage
caused by the criminal offence, the monetary sum designated for generally beneficial purposes stating the beneficiary, including
the sum submitted to the State for monetary assistance to the victims of the criminal acts, and statements on the termination of
the criminal prosecution for the act which the settlement concerns.
(2) In determining the beneficiary of the monetary sum designated for generally beneficial purposes, the court and, in
the preliminary hearing, the public prosecutor, are bound by the contents of the agreement on the settlement between the
accused and the victim.
Section 224
(1) The monetary sum for generally beneficial purposes may be determined for municipalities and other legal entities
with registered office in the Slovak Republic for the financing of science, education, culture, education, fire protection, promotion
and protection of youth, social, healthcare, environmental, humanitarian, beneficial purposes , registered churches and religious
societies, sports and physical education companies, as well as State financial assistance of victims under a special Act.
(2) The accused must designate at least 50% of the monetary sum designated for generally beneficial purposes to the
State for the financial assistance of victims under a special Act.
Section 225
The rights of the victim under Section 220 shall not apply to those to whom the entitlement for damages was
transferred; this does not apply to the heirs of victims.
Section 226
If the public prosecutor did not approve the settlement, although the accused made a declaration under Section 220
Subsection 1, that they committed an act for which they are prosecuted, it is not possible to take such statement into account as
evidence in the next proceeding.
Section 227
(1) As soon as the resolution becomes enforceable, by which the public prosecutor approved the settlement, they
shall ensure that the monetary sum designated by the accused for generally beneficial purposes was transferred to the
beneficiary stated in the decision.
(2) If it is not possible to deposit the monetary sum under Subsection 1 or the beneficiary refuses to accept it, they
shall decide to deposit it with the State for the financial assistance of victims of criminal offences provided under a special Act.
(3) If the public prosecutor fails to decide on the approval of a settlement, they shall simultaneously ensure that the
monetary sum deposited for generally beneficial purposes was returned to the accused.
(4) A complaint against the resolution under Subsection 2, which has a suspensive effect, is admissible.
Suspension of the Criminal Prosecution
Section 228
(1) A police officer shall suspend the criminal prosecution if they failed to ascertain the facts entitling the performance
of the criminal prosecution against a person.
(2) The police officer shall suspend the criminal prosecution, if
a) the matter cannot be appropriately clarified due to the absence of the accused or a witness,
b) the accused cannot stand before the court due to a severe illness,
c) the accused is not able to understand the purpose of the criminal prosecution due to a mental illness, which occurred after
the commission of the act,
d) it is proposed to transfer the criminal prosecution to a foreign State or the accused is extradited to a foreign State or is
deported,
e) the Constitutional Court or the Court of Justice of the European Union suspends the effectiveness of the legal regulation or
any part thereof, the application of which is crucial to the proceedings or the decision in the matter itself, or
f) the accused is temporarily transferred to a foreign State for the enforcement of the acts.
(3) The police officer, with the prior consent of the public prosecutor, may suspend the criminal prosecution of the
accused for one of the criminal offences below, or another criminal offence, if the accused significantly contributed to the
clarification of corruption, a criminal offence of establishing, plotting and supporting a criminal group, a criminal offence of
establishing, plotting and supporting a terrorist group or a crime committed by an organised group, criminal group or a terrorist
group, a criminal offence of premeditated murder or to the identification or conviction of the offender of such criminal offence;
the criminal prosecution against an organiser, instigator or client of the criminal offence, on which clarification they participated,
may not be suspended.
(4) The public prosecutor shall suspend the criminal prosecution if they submitted a petition for the commencement of
the proceedings on an issue that they are not competent to address in such proceedings.
(5) If the reason for the suspension expires, the public prosecutor or a police officer shall decide on the continuation of
the criminal prosecution by a resolution.
(6) The resolution under Subsection 1 through 5 shall be served to the accused and the victim; the accused and the
victim have the right to file a complaint against it. The resolution of the police officer shall be served to the public prosecutor no
later than within 48 hours.
(7) Before suspension of the criminal prosecution, all acts necessary to ensure the performance of the criminal
prosecution and the achievement of its purpose must be performed.
Section 229
After the suspension of the criminal prosecution, only acts under Chapters Four, Five and Six of the First Part of this
Act may be performed for the purpose of determining whether the reasons for the suspension or apprehension of the accused
have expired.
CHAPTER THREE
SUPERVISION AND ACTS OF THE PUBLIC PROSECUTOR
Division I
Supervision of the Public Prosecutor
Section 230
(1) Supervision over compliance with the law before the commencement of the criminal prosecution and in the
preliminary hearing shall be performed by the public prosecutor.
(2) During the performance of such supervision, the public prosecutor is entitled to
a) give binding instructions for the procedure under Section 197, the investigation and summary investigation of criminal
offences, and to determine the deadline for their completion; such instructions are part of the file,
b) request the files, documents, materials and reports on the progress of the matter, in which the criminal prosecution was
commenced, from a police officer to determine whether the police officer commenced the criminal prosecution on time, and
whether they proceeded it appropriately,
c) participate in the execution of the acts of a police officer, to personally perform individual acts or even the entire investigation
or summary investigation, and to issue a decision in any matter; at the same time, they shall proceed under this Act; a complaint
against such decision of the public prosecutor as well as against the decision of a police officer is admissible,
d) return the matter back to the police officer for the completion of the investigation or summary investigation along with
instructions, and to determine the deadline for its completion; they shall notify the accused and the victim on the return of the
matter,
e) revoke illegal or unjustified decisions of the police officer which they may replace with their own decisions; in the case of a
resolution on the termination of the criminal prosecution, suspension of the criminal prosecution, or on the referral of the matter,
they may do so within 30 days of the serving; if they replaced the decision of the police office with their own decision other than
on the basis of a complaint from an entitled person, then a complaint against their decision as well as against the decision of the
police officer is admissible,
f) remove the matter from the police officer and order it to another one, even to a police officer without local jurisdiction, or to
take measures so that the matter is ordered to another police officer or police officers,
g) order that an investigation is performed in the matters referred to in Section 202.
(3) In the cases referred to in Subsection 2 Paragraphs a), d), f) or g), the public prosecutor shall decide by a measure
and in the case referred to in Subsection 2 Paragraph e), the public prosecutor shall decide by a resolution which shall be
served to the accused and the victim.
Division II
Acts of the Public Prosecutor
Section 231
In the preliminary hearing, only the public prosecutor is entitled to
a) submit an indictment,
b) conclude an agreement with the accused on guilt and punishment, and submit its petition to the court for approval,
c) refer the matter under Section 214 Subsection 1,
d) suspend the criminal prosecution under Section 228 Subsection 4,
e) terminate the criminal prosecution under Section 215 Subsection 1 Paragraphs c), e), f) and g), and Subsection 2 and 3 or to
conditionally suspend the criminal prosecution under Section 216 Subsection 1, or to conditionally suspend the criminal
prosecution of a cooperating defendant under Section 218 Subsection 1,
f) approve a settlement and to terminate the criminal prosecution under Section 220 Subsection 1,
g) order the seizure of the accused’s assets and to determine which resources and items such seizure does not affect or to
revoke such seizure,
h) perform the assurance of the entitlement of the victim to damages, revoke such assurance either in part or exclude an item
from it,
i) order the exhumation of corpses,
j) request the consent for the criminal prosecution or for the submission of a petition for the remand in custody of a person
where the approval of the National Council of the Slovak Republic, the Judicial Council of the Slovak Republic, the
Constitutional Court, or the European Parliament is necessary,
k) petition the remand of the accused into custody and the extension of custody to the court,
l) petition the request of the accused from a foreign State,
m) perform a preliminary examination in proceedings on extradition to a foreign State, unless this Act stipulates otherwise,
n) petition, on the basis of the request of a foreign authority, to the court a preliminary seizure of assets belonging to a person
against whom there is a criminal prosecution in a foreign State or part of such assets located in the territory of the Slovak
Republic.
Proceedings on an Agreement on Guilt and Punishment
Section 232
(1) If the results of an investigation or a summary investigation sufficiently justify the conclusion that the act is a
criminal offence committed by the accused, who confessed to committing the act, acknowledged the guilt, and the evidence
suggests the validity of their confession, the public prosecutor may initiate proceedings on an agreement on guilt and
punishment upon the notion of the accused, or even without such notion.
(2) The public prosecutor shall summon the accused for the proceedings on an agreement on guilt and punishment;
they shall notify the defence counsel of the accused and the victim on the time and place of the proceedings. If the accused is a
juvenile at the time of the proceedings, it shall proceed under the provisions of Section 340. However, the agreement may not
be concluded if the legal representative of the juvenile or their defence counsel disagrees with it.
(3) Where there is an agreement on guilt, punishment and other statements, the public prosecutor shall submit a
petition on the approval of the agreement on guilt and punishment to the court; an agreement on punishment also means an
agreement on the waiver of the punishment and, if it is a juvenile, also a conditional waiver from punishment including
educational measures if there are legal grounds for their imposition. If there is no agreement on damages, the public prosecutor
shall propose that the court should refer the victim with an entitlement to damages or any part thereof to the civil court
proceedings or other proceedings.
(4) If, during the proceedings on an agreement on guilt and punishment, the accused acknowledges the guilt of
committing the act for which they are being prosecuted in its entirety, but there is no agreement on punishment, the public
prosecutor shall submit an indictment in which they shall state the act the accused confessed to, its legal classification,
acknowledgement of guilt, and request the court to perform the main trial and decide on the punishment and other statements
which have their basis in the statement of guilt.
(5) If, during the proceedings on an agreement, the accused acknowledges guilt only in part, the public prosecutor
shall submit an indictment in which they shall state the act the accused confessed to, its legal classification, acknowledgement
of guilt to such extent, as well as the act that the accused did not confess to and its legal classification, and request the court to
perform the main trial to the extent that the accused failed to confess to and to further necessary extent and to decide on guilt,
punishment, and other statements which have their basis in the statement of guilt.
(6) If there is no agreement on the protective treatment, protective education, protective supervision, or seizure of
items, the public prosecutor shall proceed under Section 236 Subsection 1.
(7) The agreement on guilt and punishment shall include
a) the indications of the parties to the agreement, date, place and time of its drafting,
b) a description of the act stating the place, time, or other circumstances under which it occurred, so that the act could not be
confused with any other act, the legal classification of the criminal offence that was committed, and even by stating the
applicable provisions of the Penal Code,
c) the type, penalty and method of punishment enforcement,
d) the extent and method of damages, if it was caused by the act, and
e) the protective measures, where their imposition is appropriate.
(8) The agreement on guilt and punishment shall be signed as a sign of an agreement by the public prosecutor,
accused, defence counsel and the victim, if they successfully claimed the damages and took part in the proceedings.
(9) If there is no agreement on guilt and punishment, the public prosecutor shall make a record of it in the file.
Section 233
(1) If the persons referred to in Section 232 Subsection 2 concluded an agreement on guilt and punishment, or other
statements, the public prosecutor shall submit a petition for the approval of such agreement to the court.
(2) The petition under Subsection 1 shall include
a) the indication of the persons referred to in Section 232 Subsection 2, the date and place of drafting the petition,
b) the petition of the agreed judgment pursuant to Section 163 Subsection 1 Paragraphs c) and e) and Subsection 2 and 3 and
Section 164.
(3) The public prosecutor shall submit to the court, together with the petition under Subsection 1, an agreement on
guilt and punishment, the complete file, its annexes and the list of evidence.
Section 234
Indictment
(1) If the outcome of an investigation or a summary investigation sufficiently justifies standing the accused before the
court, the public prosecutor shall submit an indictment to the competent court, enclosing the files, its annexes and evidence to it.
The public prosecutor shall, unless it is a proceeding under Section 204 Subsection 1, notify the accused, their defence counsel
and the victim, of the submission of an indictment and if the accused is in custody, also the custodial institution.
(2) The indictment may be submitted only for an act for which charges are pressed. If the public prosecutor intends to
assess such act as a criminal offence other than the way the police officer assessed it, they shall warn the accused, the defence
counsel, and the victim of this before the submission of an indictment, and determine whether, with regard to the intended
change, they propose to complete the investigation or a summary investigation. If the public prosecutor does not consider the
proposed completion necessary, they shall refuse it and make a record of it in the file and notify the person who submitted the
petition.
(3) The file of the prosecution shall mainly include the decisions of the authorities of the preliminary hearing on the
acts, the transcript on the interrogation of the accused, victim, witnesses, and all evidence relating to the matter.
(4) After the submission of an indictment, the public prosecutor may impose upon a police officer to provide the
evidence necessary to perform in the proceedings before the court.
Particulars of the Indictment
Section 235
The indictment must include
a) the indication of the public prosecutor, the date and place of drafting the indictment,
b) name and surname of the accused, their date and place of birth, residence or other information necessary to prevent their
confusion with another person; if it is a person who is subject to the competency of the courts under Section 16 Subsection 2,
the rank of the accused and the department which they are or were a member of shall be stated,
c) the petition for an indictment, where the act must be indicated for which the accused is being prosecuted while stating the
place, time and method of the commission, or while stating other facts if they are necessary to prevent confusion of the act with
another, and that the application of a certain criminal penalty was justified; furthermore, the legal classification of the act giving
the legal description of the criminal offence of this act as well as the relevant provisions of the Penal Code and all legal
characteristics, including those which justify certain criminal penalties, must be stated,
d) if there was an investigation in the matter, the justification of the petition for an indictment, which contains the description of
the factual plot giving evidence to justify the submission of an indictment, the defence of the accused and the opinion of the
public prosecutor on it, as well as the legal considerations, by which the public prosecutor proceeded,
e) evidence that the public prosecutor proposes to perform at the main trial, and the list of factual evidence that shall be
submitted to the court along with the indictment, files and their annexes, and
f) the petition for the imposition of a protective measure, if the statutory requirements have been met.
Section 236
(1) If the public prosecutor fails to submit the indictment, they shall file a petition for the protective measures under
Section 235 Paragraph f) separately. Such petition may not be filed separately or as part of an indictment and the court may not
impose a protective measure if, in relation to the same act, the court has already decided on the imposition of a protective
measure of a monetary sum seizure or confiscation of assets of the same party to an action or their legal predecessor in the
criminal proceeding or, if it is the same legal entity or its legal predecessor, a sanction in relation to the same act was imposed
in another proceeding, and if such sanction is sufficient. If it is a decision of a foreign court or another foreign authority, the
petition may not be filed and the court may not impose the protective measure, if an international treaty so stipulates.
(2) Similarly, it shall proceed as in Subsection 1 in the case of a party to an action, if the public prosecutor filed a
petition for the proceedings on an agreement on guilt and punishment.
PART THREE
COURT PROCEEDINGS
CHAPTER ONE
COMMON PROVISIONS
Section 237
(1) The criminal prosecution before the court shall be performed only on the basis of an indictment or the petition for
an agreement on guilt and punishment, which the public prosecutor submitted and represents before the court.
(2) During the submission and representation of an indictment or the petition for an agreement on guilt and
punishment, the public prosecutor observes the law and their inner conviction based on the consideration of all the evidence
and the circumstances of the case.
(3) On the indictment or the petition for an agreement on the guilt and punishment shall act and decide on the matter
a) the judge for the preliminary hearing, if it is a summary investigation under Section 204; at the same time they have the same
rights and obligations as a single judge,
b) a single judge on offences and crimes for which the law stipulates a prison sentence with an upper penalty limit not
exceeding eight years, unless this Act stipulates otherwise,
c) the presiding judge or, in other cases, the court itself.
Section 238
(1) The submitted indictment as well as the petition for an agreement on guilt and punishment shall be first examined
by the presiding judge in terms of whether a reliable base has been provided for further proceedings, and in particular verify
whether the preliminary hearing which preceded it was performed in a manner that is in compliance with this Act, and whether
there is a need to examine it or to preliminary hear it.
(2) After the submission of an indictment or the petition for an agreement on guilt and punishment, the court shall
decide on all issues related to the further proceedings separately and they are obligated, without waiting for further petitions, to
make all decisions and measures regulated by this Act that are necessary for the completion of the matter and for the
performance of the court decision.
(3) If the accused is in custody, the court shall decide on the custody with priority and urgency and, if the
circumstances of the case permit it, simultaneously with the decision under Section 239 Subsection 1, Section 241, Section 244
or Section 331 Subsection 1. However, at the latest so that the procedure under Section 76 Subsection 3 or 4 resulted in a final
decision on custody by the expiry of the period that was the basic or extended term of custody in the preliminary hearing.
Section 239
Withdrawal of the Indictment or Petition for an Agreement on Guilt and Punishment and Waiver of an Indictment
(1) The public prosecutor may withdraw an indictment until the commencement of the main trial and the petition for an
agreement on guilt and punishment until the commencement of the public hearing ordered for its hearing; thus the matter shall
be returned to the preliminary hearing. The presiding judge shall take the withdrawal of an indictment or the petition by the
public prosecutor for an agreement on guilt and punishment into account by a resolution.
(2) If the public prosecutor announces at the main trial that they shall step aside from an indictment in its full extent or
in certain acts referred to in an indictment, the court shall relieve the defendant to the full extent or only in certain acts referred
to in the indictment. If the indictment contains a petition to impose a protective measure of confiscation of a monetary sum or
confiscation of assets, and the public prosecutor announces at the main trial that they step aside from such petition, the court
shall proceed under Section 362a Subsection 4.
Section 240
Serving an Indictment
(1) Upon the serving of an indictment, the court shall order the serving of a copy of an indictment without undue delay
a) to the accused and their defence counsel,
b) to the victim,
c) to the party to an action,
d) to the legal representative of the accused, if they do not have the legal capacity or if their legal capacity was restricted,
e) to the representative of the public interest group, if it was positively decided on its participation in the main trial,
f) in the case of negligence of alimony to the person to whom the accused is obligated to fulfil their obligation to maintain or feed
another person.
(2) If the defendant has several defence counsels, a copy of the indictment is served to the person who they
designated for the receipt of the documentation. If none of the defence counsels was determined, the indictment shall be served
to each of them. If the victim or the party to an action have a legal representative or a proxy, a copy of the judgment shall be
served only to the legal representative or the proxy.
(3) The persons referred to in Subsection 1 shall be served a call to notify the court and other parties of the petitions
for the performance of evidence along with a copy of the indictment without undue delay. At the same time, they shall be
advised in the call on the fact that the performance of the later proposed evidence that the parties were aware of at the time of
the serving of the call, may be refused by the court. The accused shall also be advised that if they propose the interrogation of
witnesses at the main trial, the reading of whose testimonies was petitioned by the public prosecutor in the indictment, they are
obligated to notify the court in writing without undue delay, otherwise the court shall be able to read them at the main trial even
without their consent; this shall not apply if a new circumstance has occurred which the accused was not aware of at the time
the call was served.
(4) The petition for the performance of evidence under Subsection 3 must include circumstances that are to be
clarified by them and, if it is a witness, also the facts on which they are to be interrogated. Evidence must be marked so that it
may be performed at the main trial except for cases when the performance of evidence shall be provided by those who
proposed it. If an interrogation of a witness or an expert is proposed and the proposer announces that they are not able to
ensure their presence at the main trial and thus they request the court for their summons, it is necessary to state information on
their identity and residence, otherwise the court shall usually refuse the performance of such evidence.
(5) The public prosecutor or the accused must be notified of the witnesses and experts who the accused or the public
prosecutor propose to be interrogated at the main trial no later than three working days before the main trial, if these facts were
not reported in the indictment or during the preliminary hearing of an indictment. Without observing the set deadline, they may
be interrogated at the main trial only if the public prosecutor and the accused agree to it.
CHAPTER TWO
REVIEW AND PRELIMINARY HEARING OF THE INDICTMENT
Review of an Indictment
Section 241
(1) An indictment filed at the court for an offence or a crime with an upper penalty limit not exceeding eight years shall
be reviewed by a single judge and, based on its content and the contents of the file, they shall
a) refer the matter to the competent court, if they do not have the jurisdiction to hear it,
b) refer the matter to another authority, if there are circumstances referred to in Section 214 Subsection 1,
c) terminate the criminal prosecution, if there are circumstances referred to in Section 215 Subsection 1,
d) suspend the criminal prosecution, if there are circumstances referred to in Section 228 Subsection 2 or 3, or Section 283
Subsection 5,
e) terminate the criminal prosecution, if there are circumstances referred to in Section 215 Subsection 2 and 3,
f) refuse the indictment and return the matter back to the public prosecutor, if they find serious procedural errors, in particular
ones concerning the violation of the right to a defence counsel,
g) conditionally suspend the criminal prosecution under Section 216 Subsection 1,
h) conditionally suspend the criminal prosecution of the cooperating accused under Section 218 Subsection 1,
i) decide on the participation of a public interest group in proceedings before the court,
j) issue a criminal warrant,
k) order the main trial, determine its date and the extent of evidence.
(2) If a single judge comes to the conclusion that the act which is subject to an indictment, during the appropriate
application of law, must be assessed under a provision of law other than the one it was assessed by the indictment, they shall
notify the public prosecutor and the persons to whom a copy of the indictment is served of this fact.
(3) A single judge shall suspend the criminal prosecution if the Court of Justice of the European Union requests the
issue of a preliminary decision.
(4) A complaint against the decision referred to in Subsection 1 Paragraphs a) through h) may be filed by the public
prosecutor and the accused which has, unless it is about the suspension of the criminal prosecution, a suspensive effect.
(5) If it is necessary for a decision under Subsection 1 and 2, the single judge may interrogate the accused and the
victim, and also procure other necessary explanations.
(6) If, after the submission of an indictment, an entitled person offers the termination of the matter through a
settlement, or such possibility arises from the contents of the file, the single judge may order a settlement procedure, approve a
settlement, and terminate the criminal prosecution; they shall proceed under Section 220 through 227.
(7) The public prosecutor may file a complaint against the decision under Subsection 6, which has a suspensive
effect.
Section 242
Repealed from 1 February 2009
Section 243
Preliminary Hearing of the Indictment
(1) An indictment submitted at the court for a crime with an upper penalty limit exceeding eight years shall be
examined by the presiding judge and based on its contents and the contents of the file they shall also assess whether it is
necessary to hold a preliminary hearing at the court or whether they may order a main trial for it.
(2) The presiding judge shall order a preliminary hearing on an indictment if they believe that the matter shall be
decided on under Section 244 Subsection 1 Paragraphs a) through i) or if the act which is subject to an indictment, when
appropriately applying the law, must be assessed under a provision of law other than the one under which it was assessed by
the indictment.
(3) The preliminary hearing on the indictment shall be performed at a public hearing; the indictment may also be
heard preliminarily at a closed hearing if the decision under Section 244 Subsection 1 Paragraphs a) through i) may be
considered.
(4) During the preliminary hearing on the indictment, the court shall assess the indictment as well as the legality of the
evidence; the presiding judge or a member of the court authorised by them shall submit a report in this regard, focusing on the
issues that need to be addressed.
(5) During the preliminary hearing on the indictment, the court may interrogate the accused as well as the victim and
obtain any additional necessary explanations. The court shall simultaneously determine whether the public prosecutor and the
accused intend to enter into an agreement on guilt and punishment; if the public prosecutor and the accused declare that they
wish to act on an agreement on guilt and punishment, it shall proceed under Section 244 Subsection 1 Paragraph g), but only
upon the petition of the public prosecutor. Otherwise, the court shall adjourn the public hearing for the necessary time and allow
the public prosecutor and the accused to conclude an agreement on guilt and punishment; in such case, the public prosecutor
shall proceed under Section 232 and Section 233 accordingly. If an agreement on guilt and punishment is concluded, the court
shall proceed under Section 331, 333 and 334 accordingly; if it intends to hear the petition for an agreement on guilt and
punishment, it shall continue in the pending public hearing. If an agreement on guilt and punishment is not concluded or if the
court rejects the petition for an agreement on guilt and punishment, or if it does not approve the agreement on guilt and
punishment within the petitioned extent, or if the accused has responded to any of the questions with "no", the court shall
continue in the public hearing on the basis of the original indictment.
Section 244
Decision during the Preliminary Hearing on an Indictment
(1) During the preliminary hearing on an indictment, the court shall
a) refer the matter to the competent court, if it does not have jurisdiction for the hearing itself,
b) refer the matter to another authority, if there are circumstances referred to in Section 214 Subsection 1,
c) terminate the criminal prosecution if there are circumstances referred to in Section 215 Subsection 1,
d) terminate the criminal prosecution, if there are circumstances referred to in Section 215 Subsection 2 or 3, or Section 283
Subsection 5,
e) suspend the criminal prosecution, if there are circumstances referred to in Section 228 Subsection 2 or 3, or Section 283
Subsection 5,
f) conditionally suspend the criminal prosecution of the cooperating accused under Section 218 Subsection 1,
g) return the matter to the public prosecutor for the proceedings under Section 232 and Section 233, if the terms set out in
Section 243 Subsection 5, second sentence have been met,
h) refuse the indictment and return the matter back to the public prosecutor, if they find serious procedural errors, in particular
that the provisions ensuring the rights of the defence counsel were violated,
i) refer the matter to a single judge,
j) decide on the participation of a representative of a public interest group,
k) order the main trial, determine its date, extent and the manner of evidence, on which they shall notify the persons whom the
copy of an indictment is served to.
(2) If the court comes to the conclusion that the act that is subject to an indictment, during the appropriate application
of law, must be assessed under a provision of law other than the way it was assessed by an indictment, they shall notify the
public prosecutor and the persons to whom a copy of the indictment is served of this fact and call upon the accused and the
public prosecutor to notify the court and themselves, in writing, on the petition for the performance of evidence that was not yet
proposed. At the same time, they shall advise them on the provisions of Section 252 Subsection 2 through 5.
(3) A complaint against the resolutions referred to in Subsection 1 Paragraphs a) through h) may be filed by the public
prosecutor or the accused which has, unless it is about the suspension of the criminal prosecution, a suspensive effect.
(4) The presiding judge shall suspend the criminal prosecution if the Court of Justice of the European Union requests
the issue of a preliminary decision.
(5) Repealed from 1 February 2009.
Section 245
New Review or Preliminary Hearing of an Indictment
(1) If the public prosecutor decides on a matter that was refused for the submission of an indictment again, it should
be reviewed again under the terms referred to in Section 241, or heard under the terms referred to in Section 243.
(2) The indictment should be reviewed again under the terms referred to in Section 241 or Section 243 or it should
also be heard by the court to which the matter was referred under Section 241 Subsection 1 Paragraph a) or Section 244
Subsection 1 Paragraph a).
CHAPTER THREE
MAIN TRIAL
Division I
Preparation of the Main Trial
Section 246
Substitute Judge
(1) If it may be reasonably assumed that the main trial will take a longer time or if an agent, threatened witness,
protected witness or witnesses whose identity is classified shall be interrogated, and if the use of technical equipment for the
transmission of audio and visuals is expected, the presiding judge shall, upon the petition of the presiding judge, ensure that
one or two substitute judges or associates shall participate at the main trial.
(2) The substitute judge or an associate has the status of a member of the court. However, they shall participate in the
vote only if they replaced a judge or an associate in the proceeding, whose further participation in the main trial was prevented
by an obstacle. The judge or an associate who stood for a substitute judge or an associate shall not continue participating in the
main trial.
(3) If the interrogation of an agent, a threatened witness, a protected witness or a witness whose identity is classified
is being performed with the use of technical equipment for transmission of audio or visuals outside the court room, the substitute
judge shall participate in it.
Ordering of the Main Trial
Section 247
(1) The date of the main trial shall be determined by the presiding judge so that the accused from the serving of the
summons, the public prosecutor and the defence counsel from the notification, have a deadline of at least five working days.
Such deadline may be shortened only with their consent and also if the defendant refused to participate in the main trial or
requested that the main trial was performed in their absence. For other persons who are being summoned to the main trial or
notified of it, at least a three day deadline must be observed. If during the summary investigation it proceeded under Section
204, the deadlines referred to in this provision shall not apply.
(2) The legal representative, the victim, and the party to an action shall also be notified of the main trial. If the party to
an action or the victim have a proxy, only the proxy shall be notified of the main trial. If the defendant has several defence
counsels, the provisions of Section 44 Subsection 8 shall apply to the notification of the main trial accordingly.
(3) The victim must be advised in the notification that if they fail to appear for the main trial, the entitlement to
damages shall be decided on the basis of their petitions contained in the file.
(4) If the court permitted the participation of a representative of a public interest group at the main trial, the public
interest group which sent them shall be notified of the main trial.
(5) During the ordering of the main trial, the presiding judge shall perform all necessary measures to ensure its proper
course and that the matter can be heard and decided upon without its adjournment. If it is justified by the heard matter, the
presiding judge shall perform the necessary measures so that contact between the defendant and the victim, witness, or expert
does not occur in the court building before the main trial.
(6) If it is clear that classified facts will be heard during the main trial, the presiding judge is obliged to instruct the
judges, associates, and other persons who participated in the proceedings and familiarised themselves with the classified
information no later than after the commencement of the main trial, on the principles of the secrecy as well as on the legal
consequences of its violation; a record in the transcript of the main trial shall be made on the instruction.
Section 248
(1) The main trial is generally performed at the registered office of the court and in its official premises. Where
appropriate and practical, the main trial may be performed directly and urgently on the site where the criminal offence was
committed with the application of the summary investigation (Section 203, Section 204 of this Act). This procedure is applicable
only when there are not given terms of mandatory defence under Section 37 of the Code of Criminal Procedure.
(2) In the interest of ensuring the protection of persons participating in the proceedings, or if other circumstances of
the case require it, the performance of the main trial may be ordered even outside the registered office of the court and its
official premises but usually within the territorial jurisdiction of the court.
(3) If the main trial is to be performed somewhere other than in the official premises of the court, the persons who are
summoned to the main trial or are notified on its performance, shall be notified of the details on the place of the proceedings
within the necessary extent in the summons or notification, or perform other necessary measures so they can participate in it.
Public Performance of the Main Trial
Section 249
(1) The main trial shall be performed by the court essentially in public, so that the public is provided with the widest
possible opportunity to observe the hearing of the matter and so that the criminal prosecution has the most effective educational
effect on the public.
(2) The main trial may be observed only by unarmed persons, unless it is a person obligated to carry a weapon in
order to perform their service.
(3) The public may be excluded from the main trial only if the public hearing of the matter threatens a secret protected
by a special Act, public order, morality or security, or if another important interest of the defendant, victim, or persons close to
them or witnesses required it. The public must be excluded during the interrogation of an agent and when it is about the
protection of classified information. The public may be excluded from part of the main trial.
(4) The court shall decide on the exclusion of the public ex officio or upon the petition of the public prosecutor,
defendant or victim at any stage of the court proceedings after the interrogation of the parties by a resolution that shall be
pronounced publicly. After the pronouncement of a resolution, against which an appeal is not admissible, the persons who
observe the main trial as the public are obligated to leave the court room.
(5) The public prosecutor, the defendant and their defence counsel, victim, or an official person, whose duty is to
ensure a proper course of the hearing, may not be excluded.
(6) The judgment must always be pronounced publicly.
Section 250
(1) The court may deny access to the main trial to juveniles and persons for whom there is a concern that they would
disturb the dignified course of the main trial. They may also take necessary measures against the overcrowding of the court
room.
(2) If the public was excluded under Section 249 Subsection 3, the court may, for important reasons, allow individuals
access to the main trial. Upon the request of the defendant, access must be permitted to two of their trustees; this shall not
apply during the interrogation of an agent. If there are several defendants, each has the right to select trustees. If the total
number of trustee’s increases to more than six and the defendants cannot agree among themselves, the court shall perform the
selection. If the public was excluded due to the protection of classified information, the threat to a secret protected by law, or a
security interest, or any other important interest of the witnesses, only persons against whom the court has no objections may
be selected as trustees. They shall request the opinion of the public prosecutor before such decision.
(3) If the public was excluded due to the protection of classified information or a threat to a secret protected by law,
the presiding judge shall advise the persons present on the consequences of disclosing facts learned during the hearing to
unauthorised persons. They may also prohibit the persons present from making audio or video recordings or written notes.
Section 251
(1) If the court decides to exclude the public under Section 249 Subsection 3 and the main trial is closed for such
reasons, it is prohibited to disclose any information concerning the facts and circumstances for which the public was excluded.
(2) The court may impose an obligation upon the persons present to maintain secrecy over the facts which are under
protection under the law and which they learnt during the hearing. The court shall decide on this by a resolution against which a
complaint is not admissible.
(3) The resolution shall be recorded in the transcript on the main trial stating the identification data of the persons who
participated in it.
(4) The presiding judge may order that the measures they issued to ensure the undisturbed course of the main trial
are performed via the Corps of Prison and Court Guard.
Division II
Commencement of the Main Trial
Section 252
Presence at the Main Trial
(1) The main trail shall be performed in the continual presence of all members of the court, the court reporter, and the
public prosecutor.
(2) In the absence of the defendant, the court may perform the main trial only if the court believes that the matter may
be decided and the purpose of the criminal proceedings can be achieved even without the presence of the defendant, and if
a) the indictment was duly served to the defendant and the defendant was duly and timely summoned to the hearing,
b) the defendant had the opportunity to comment on the act, which is the subject of an indictment, before a law enforcement
authority and the provisions on investigations or summary investigations were observed, and the accused was advised on the
possibility to study the file and file petitions for the completion of the investigation or summary investigation,
c) the defendant was advised on the possibility of the performance of the main trial even in their absence,
d) the defence counsel of a defendant who is denied their legal capacity or whose legal capacity is restricted declares that they
do not insist on the personal interrogation of the defendant.
(3) The main trial may not be performed in the absence of the defendant if they are in custody or serving a prison
sentence, or if it is a criminal offence for which the law stipulates a prison sentence with an upper penalty limit exceeding ten
years. This shall not apply if the defendant expressly refuses to participate in the main trial, or if they expressly request that the
main trial is performed in their absence.
(4) In cases of mandatory defence, the main trial may not be performed without the presence of the defence counsel.
If it is not a case of mandatory defence and the defendant has a defence counsel, the main trial may be performed in the
absence of the defence counsel only if the defendant agrees with it.
(5) If the court decides that the main trial shall be performed in the absence of the defendant, the transcript of the
interrogation of co-defendants, witnesses and experts may be read under the terms referred to in Section 263 Subsection 3,
even without the consent of the defendant.
Performance of the Main Trial
Section 253
(1) The presiding judge shall order the main trial and all measures directed towards the provision of its proper course.
Simultaneously, they shall take the legitimate interests of the parties into account.
(2) Unless the law stipulates otherwise, the presiding judge shall perform evidence by reading the testimonies,
documents, assessments, reports or the performance of material evidence. They may authorise a member of the court, or a
person who proposed the performance of such evidence, to perform them.
(3) The presiding judge is obliged to ensure that the main trial is not hindered by interpretations and speeches that are
not related to the heard matter, and that it is focused on the clarification of the matter to the extent necessary for a fair decision
in the most effective manner.
(4) Unless this Act stipulates otherwise, natural persons and legal entities may prepare audio recordings of the course
of the main trial and, upon the consent of the presiding judge, also an audio transmission. The audio recording and audio
transmission from the main trial may not be prepared during the interrogation of an agent, or if the circumstances constitute a
discussion of classified information.
(5) The presiding judge may prohibit the preparation of audio recordings,
a) if it disrupts the course of the main trial,
b) if the circumstances constitute a discussion of a secret protected by a special Act in the main trial,
c) if the audio recording of the main trial could threaten morality, public order or another important interest of the parties or
witnesses, or
d) during the interrogation of an at-risk witness, protected witness or a witness whose identity is classified.
(6) The presiding judge shall not authorise audio transmission from the main trial for the reasons referred to in
Subsection 5. This shall not apply to the pronouncement of the statement on the judgment.
(7) The preparation of video recordings or audiovisual recordings of the main trial is not admissible.
(8) The provisions of Subsection 4 through 7 shall not affect the possibility to prepare audio, video or audiovisual
recordings for the court.
(9) The presiding judge shall ensure that no offensive or clearly unjustified statements and accusations not related to
the matter are directed at anyone. If the defendant, victim and the party to an action or their proxy, witness or an expert commits
such statement, a disciplinary fine may be imposed upon them. If the defence counsel or the public prosecutor commits such
conduct, the presiding judge may pass a notion to the competent authority for the commencement of the criminal prosecution or
disciplinary proceedings, or to impose a disciplinary fine.
(10) A person who feels grieved by the measure of the presiding judge during the performance of the main trial may
request that the court makes a decision. A complaint against such decision is not admissible. Such request and a decision
thereof should be recorded in the transcript.
(11) The presiding judge may impose a disciplinary fine for the violation of the decision under Subsection 1 and
Subsection 4 through 7 upon natural persons and legal entities at the main trial, or by a decision outside of the main trial.
(12) A complaint against the decision under Subsection 11, which has a suspensive effect, is admissible.
Section 254
(1) The presiding judge may eject a person who disrupts the order from the court room. A person who does not
comply with the call of the presiding judge to leave the court room may be taken out by the measure of the presiding judge; the
measure shall be performed by the Corps of Prison and Court Guard.
(2) The defendant may be ejected from the court room during the interrogation of an agent or on the basis of the
decision of the court if, despite previous warnings, they continue to disrupt the order of the court, however, it shall only be for the
necessary time. Once the defendant has been admitted to the court room again, the presiding judge shall notify them of the
significant contents of the hearing performed in their absence and allow them to comment on it.
(3) If the defendant or a witness leaves the court room without the consent of the presiding judge, they may be
presented.
(4) The adoption of the measures under Subsection 1 through 3 does not exclude the possibility of a disciplinary fine.
Beginning of the Main Trial
Section 255
(1) The main trial shall commence by the announcement of the matter that is to be heard by the presiding judge. They
shall then determine whether the persons who were summoned to the main trial or notified of it, are present, and verify their
identity. For persons for whom a deadline for preparation must be observed, they shall determine whether such deadline was
observed.
(2) If any of the summoned persons failed to appear, the court shall decide, after the statements of the parties to an
action, whether the hearing may be performed despite such fact or whether it must be adjourned.
(3) After the performance of the acts under Subsection 1 and 2, the presiding judge shall determine whether the
public prosecutor and the defendant want to conclude an agreement on guilt and punishment. If the public prosecutor and the
defendant declare that they wish to act on an agreement on guilt and punishment, they shall return the matter back to the public
prosecutor for the procedure under Section 232 and Section 233 only if it is petitioned by the public prosecutor. Otherwise, the
court shall adjourn the main trial for the necessary time and allow the public prosecutor and the accused to conclude an
agreement on guilt and punishment; in such case, the public prosecutor shall proceed under Section 232 and Section 233
accordingly. If an agreement on guilt and punishment is concluded, the court shall proceed under Section 331, 333 and 334
accordingly; if it intends to hear the petition for an agreement on guilt and punishment, it shall continue in the main trial. If an
agreement on guilt and punishment is not concluded or if the court rejects the petition for an agreement on guilt and
punishment, or if it does not approve the agreement on guilt and punishment within the petitioned extent, or if the accused has
responded to any of the questions with "no", the court shall continue in the main trial on the basis of the original indictment.
Section 256
(1) After the performance of the acts referred to in Section 255, the presiding judge shall request the public prosecutor
to deliver the indictment. If the defendant has a defence counsel, after the delivery of the indictment the presiding judge shall
request them to give their opinion on the indictment.
(2) A victim claiming damages shall be requested by the court to state whether they propose that the defendant is
imposed an obligation to pay the damages and to what extent. If the victim or their proxy fails to appear for the main trial and
their petition is already recorded in the file, the presiding judge shall read out such petition.
(3) If the rights of the victim are applied by a person who obviously does not have such rights, the court shall declare
by a resolution that such person shall not be admitted to the main trial as the victim. Such a decision does not exclude a claim
for damages before the competent authority.
(4) The court shall proceed under Subsection 3, even if the participation of the victim is being prevented by the
circumstances referred to in Section 46 or Section 47.
(5) If the court decides that a representative of a public interest group can be present during the hearing of the matter
at the main trial or a public hearing, the presiding judge shall instruct them on their rights and position before the court,
especially on the right to present the closing speech.
Section 257
Pronouncement of the Defendant
(1) Following the delivery of the indictment, the presiding judge shall instruct the defendant on their right to make a
declaration that
a) they are innocent,
b) they are guilty of the commission of an act or any of the acts referred to in the indictment,
c) they do not deny the commission of the act or any of the acts referred to in the indictment.
(2) The presiding judge shall simultaneously instruct the defendant on the consequences of the declaration under
Subsection 1 Paragraph b) or Paragraph c) within the extent under Subsection 5 and 8.
(3) If the defendant has a defence counsel, they may consult them prior to the declaration under Subsection 1.
(4) If the circumstances of the case, public interest, or the interests of the defendant require it, the court may allow the
defendant to declare that they do not deny the commission of the act referred to in the indictment instead of the declaration that
they are guilty, which the court, for the need of the proceedings and the decision, will consider as a confession of the
commission of the act. The defendant must be instructed on this.
(5) If the defendant declares at the main trial that they are guilty of the commission of the act or any of the acts
referred to in the indictment, or made the declaration under Subsection 4, the court shall proceed in such extent under Section
333 Subsection 3 Paragraphs c), d), f), g) and h) accordingly and simultaneously instruct the defendant that a declaration of
guilt received by the court as well as a declaration received by the court that the defendant does not deny the commission of the
act referred to in the indictment, is irrevocable and in such extent it may not be contested by an appeal or an appellate review,
with the exception of an appellate review under Section 371 Subsection 1 Paragraph c).
(6) Before the decision of the court on the acceptance of the declaration of the defendant that they are guilty of the
commission of an act or any of the acts referred to in the indictment, as well as before the decision on the acceptance of the
declaration of the defendant under Subsection 4, the court shall determine the opinion of the public prosecutor, the victim, and
the party to an action, provided they are present at the main trial.
(7) If the court decided that the declaration of the defendant under Subsection 5 is accepted, they shall
simultaneously pronounce that the evidence to the extent of which the defendant admitted the commission of the act shall not
be performed, and they shall perform evidence relating to the denied acts, statement on punishment, damages, or protective
measures.
(8) If the court decided that the declaration of the defendant under Subsection 5 is accepted, they shall
simultaneously pronounce that the evidence to the extent of which the defendant admitted the commission of the act shall not
be performed, and they shall perform evidence relating to the denied acts, statement on punishment, damages, or protective
measures. This does not exclude the possibility of an interrogation of the defendant on the participation of another person in the
prosecuted criminal activity.
Division III
Evidence
Interrogation of the Defendant
Section 258
(1) If the defendant failed to make a declaration under Section 257 Subsection 1 Paragraph b) or c) after the delivery
of an indictment and the statement of the victim, the presiding judge shall then identify the personal data of the defendant and
instruct them on their rights as soon as it determines the terms for the performance of the main trial. They shall then allow the
public prosecutor to interrogate the defendant. The defendant must be interrogated in terms of the contents of the indictment,
and if the claim for damages was granted, also on such claim. In doing so, they shall proceed under Section 122 Subsection 2
and 3.
(2) The presiding judge may suspend the interrogation only if the interrogation is not being performed in compliance
with the law, or if the interrogation is being performed in another inappropriate manner, or if the presiding judge or a member of
the court, deems it necessary to ask the defendant a question which cannot be deferred until the interrogation is completed.
(3) After the completion of the interrogation of the defendant by the public prosecutor, the defence counsel has the
right to interrogate the defendant as well. The provisions of Subsection 2 shall apply accordingly. The public prosecutor, the
defence counsel, victim, or the party to an action are entitled to ask the defendant supplementary questions after the completion
of the interrogations upon the approval of the presiding judge. The presiding judge shall decide on the order of questioning.
(4) Upon the petition of the public prosecutor or the defence counsel, the transcript on the earlier testimony of the
defendant or any part thereof shall be read, if it is being performed in the absence of the defendant, or the defendant applies
their right to refuse to testify or other significant contradictions between their earlier testimony and the particulars of the main
trial appear, and if the earlier interrogation was performed in the manner consistent with the provisions of this Act. In the case of
contradictions in the testimonies, that part of the transcript of the earlier interrogation of the defendant is read that the alleged
contradictions directly concern. The defendant must be advised on such contradictions and ask them about their cause. The
transcript shall be read by a party that the presiding judge designates or another member of the court authorised by them,
unless they read the transcript themselves.
Section 259
The parties may object to the manner of the performance of the interrogation, in particular, they may object to the
admissibility of a question asked by the interrogator. The objection shall be decided by the presiding judge. If they grant the
objection, the interrogated person is not obligated to answer such question, and such question shall not be recorded in the
transcript or it should be deleted from it. The objection against a question from the presiding judge, judge, or an associate shall
be decided by the court.
Section 260
If there are several defendants, the presiding judge may take measures to ensure the defendant is interrogated in the
absence of other co-defendants. The order in which the defendants are interrogated shall be determined after hearing the
petitions of the parties by the presiding judge. However, the defendant must still be made familiar with the contents of the
testimonies of the co-defendants who were interrogated in their absence during the course of evidence.
Interrogation of a Witness
Section 261
(1) The order in which the witnesses are interrogated shall be determined by the presiding judge so that the witnesses
proposed by the public prosecutor will be the first to be interrogated, followed by the witnesses proposed by the defendant. It
shall proceed similarly during the performance of other evidence. The defendant may request that the order of interrogation is
changed. The presiding judge shall decide on such request. If the defendant does not agree with the decision of the presiding
judge, the court shall decide.
(2) The presiding judge shall ensure that a witness who has not yet been interrogated is not present during the
interrogation of the defendant and other witnesses. If the defendant recognises the basis and amount of damage to the victims
and the proper claim for damages on time, further evidence on the amount of damages is performed only in exceptional cases,
especially if there are reasonable doubts or if it is necessary for the conclusion of the legal assessment of the act.
(3) The interrogation of the witness shall be performed by the person who proposed the performance of such
evidence; if the court decided on the performance of evidence, the interrogation of the witness shall be performed by the
presiding judge while maintaining the right of the public prosecutor, defendant and the defence counsel to perform a subsequent
interrogation of the witness and to ask them questions. If the interrogation of the witness or expert was proposed by the
defendant, their defence counsel or the public prosecutor, the presiding judge shall decide after the interrogation of the parties
which of them shall perform the interrogation, while maintaining the right of the other party to perform an interrogation of the
witness or expert and ask them questions. At the same time, they shall proceed under Section 132.
(4) The provisions of Section 258 Subsection 2 and 3 and Section 259 shall apply accordingly even to the
performance of evidence by the interrogation of a witness. The presiding judge may decide that it shall perform the interrogation
of the witness itself, if the person to be interrogated is younger than fifteen years of age, is an ill or injured witness, or is a
witness aggrieved by the criminal offence against human dignity, or if the interrogation of the witness by a party or defence
counsel was not appropriate or complete for other reasons.
Section 262
If there is concern that a witness will not testify the truth in the presence of the defendant, or if it is the interrogation of
a witness or a person close to them who is at risk of bodily harm, death or other serious danger for the delivered testimony, or
an agent or witness whose identity must remain secret for important reasons, the presiding judge shall take appropriate
measures to ensure the security or confidentiality of the identity of the witness, or it shall exclude the defendant, their trustees
and the public for the duration of the interrogation of such a witness from the courtroom. Upon their return to the courtroom, the
defendant must be made familiar with the contents of the testimony of the witness. They may comment on it even without
meeting the witness, and they may ask the witness questions through the presiding judge.
Section 263
(1) Instead of the interrogation at the main trial, the transcript on their testimony or a substantial part of it may be read
if the public prosecutor and the defendant agree with it, and the court does not deem a personal interrogation necessary.
(2) The consent of the defendant is not necessary if they expressly declare that they will not participate in the main
trial or if they expressly request that the main trial is performed in their absence, or if they fail to appear for the main trial despite
the duly served summons without an excuse, or if they leave the court room without a serious reason or if the public prosecutor
petitioned the reading of the witness testimony in the indictment and the defendant did not petition to personally interrogate such
witness after the serving of the call under Section 240 Subsection 3. The consent of the public prosecutor is sufficient in the
listed cases. The defendant must be instructed on this in the summons.
(3) The transcript on the testimony of the co-defendant or witness may also be read if the interrogation was performed
in a manner consistent with the provisions of this Act, and
a) such person died or was missing, due to a long-term stay abroad or at an undisclosed location becomes unreachable, or
becomes ill with disease which, permanently or long-term, makes it impossible to interrogate them or if such person fails to
appear for the interrogation even after the repeated summons by the court without a reasonable excuse and their presentation
was unsuccessful; if it is the testimony of a witness where there is a justified assumption, during the testimony in the preliminary
hearing that is to be read, that it will not be possible to interrogate them at the main trial, their testimony may be read only if the
defendant, or their defence counsel, provided they have one, was duly notified of the act,
b) it was an act that could not be deferred or repeated, or
c) such person refused to testify at the main trial without permission.
(4) The transcript on the testimony of a witness who exercises their right to refuse to testify at the main trial under
Section 130, may be read only if, before the interrogation which the transcript concerns, they were duly instructed on their right
to refuse to testify and they expressly declared that they waive such right, provided the interrogation was performed in a manner
consistent with the provisions of this Act.
(5) The parties may object to the manner of the performance of the interrogation, in particular, they may object to the
admissibility of a question asked by the interrogator. The objection shall be decided by the presiding judge. If they grant the
objection, the interrogated person is not obligated to answer such question and such question shall not be recorded in the
transcript or it shall be deleted from it. An objection against a question from the presiding judge, judge or an associate shall be
decided by the court.
Section 264
(1) If the witness differs in important respects from their earlier testimony, the transcript on their earlier testimony may,
upon the petition of the public prosecutor, defendant or their defence counsel, be submitted to them for an explanation of the
inconsistencies in their testimonies.
(2) The submission of an earlier testimony under Subsection 1 is based on the reading of such parts of the transcript
on the earlier interrogation, which the interrogated person is to comment on and explain the discrepancies between their
testimonies. The transcript shall be read by a party designated by the presiding judge, unless they read the transcript
themselves or it is read by another member of the court authorised by them.
Section 265
(1) The witness is obligated to take an oath before the interrogation at the court.
(2) Before the oath, the witness must be advised on the importance of the witness testimony and the consequences of
perjury. The oath reads: “I swear on my honour and conscience that I will tell the truth, nothing but the truth, and I will not
knowingly withhold anything”.
Section 266
(1) A witness who is hearing or speech impaired shall perform the oath, if possible, by repeating the words of the oath
read to them by the presiding judge. The witness shall sign the written text of the oath.
(2) A hearing impaired witness shall sign the text of the wording after the translation of the text of the oath was
interpreted into sign language by the present interpreter of the sign language, indicating that it was interpreted for them into the
sign language and that they have understood its content.
Section 267
A witness cannot be taken under oath, if
a) they have not reached fourteen years of age,
b) it is reasonable to assume that due to their physical or mental illness they did not perceive the circumstances on which they
are to testify or if they are not able to state such circumstances,
c) due to their mental and physical terms they are not able to sufficiently understand the nature and importance of the oath,
d) they are bound by secrecy related to the performance of their occupation unless those who bound them by secrecy relieve
them of such obligation.
Section 268
Expert Evidence
(1) If an expert has not yet submitted a written expert opinion on the matter or if they deviate from it, or supplement it,
the presiding judge may impose that the expert opinion or its completion is dictated into the transcript.
(2) During the interrogation of an expert at the main trial, the provisions of Section 258 Subsection 3 and 4 and
Section 259 shall be applied accordingly. Instead of the interrogation of an expert, it is possible to read the transcript on their
testimony or their written expert opinion, if the expert was instructed before the submission of the expert opinion under Section
144, and there are no doubts about the correctness and completeness of the expert opinion and the public prosecutor and the
defendant agree with it or if an expert refers to it.
(3) If the expert opinion was procured by one of the parties and is submitted as evidence in the proceedings, the
provisions of Subsection 1 shall apply accordingly.
(4) If the opinion was submitted by a party and the person submitting the opinion is not entered in the list of experts,
they shall take an oath before the court under a special Act, and the presiding judge shall instruct them on the criminal
consequences of giving a knowingly false expert opinion. Then the expert shall state whether they submitted the opinion in
compliance with the taken oath.
(5) The provisions of Subsection 1 through 4 shall apply accordingly to the professional opinion.
Section 269
Documentary Evidence
The documentary statements, opinions, reports of public authorities and other documents by which evidence is
performed at the main trial shall be read in their entirety or the part shall be read which refers to the evidentiary facts, and the
parties shall be allowed to inspect them, and if it is necessary, they may also be inspected by the witnesses and experts.
Section 270
Material Evidence and Evidence by Audio, Video and Audiovisual Recordings
(1) The court shall submit the material evidence to the parties and if necessary, also to the witnesses and experts.
(2) Audio, video or audiovisual recording shall be performed as evidence using technical equipment. If the nature of
the evidence so admits, it may also be performed by the notification of its written transcript. Part of the performance of such
evidence is a report on how and by whom the recording was prepared or obtained.
Cooperation of Parties during Evidence
Section 271
(1) The defendant, the victim and the party to an action must be asked after every piece of evidence is presented
whether they wish to comment on it, and their comments shall be recorded in the transcript.
(2) The provisions of Section 125 and Section 126 shall be used accordingly for the confrontation and recognition.
Section 272
(1) After the completion of the interrogation by the public prosecutor, defendant, their defence counsel, or the
presiding judge, the legal representative of the defendant, to the extent of their exercised rights, the victim or their proxy, party
to an action or their proxy upon the consent of the presiding judge, may ask the interrogated person questions once the
members of the court have no further questions.
(2) Upon the completion of the performance of all the evidence, the presiding judge shall determine whether the
parties have any petitions for the completion of evidence.
(3) The court shall refuse to perform evidence concerning circumstances irrelevant to the decision or circumstances
that may be identified by other previously proposed evidence. The decision on the refusal to perform evidence shall usually be
notified orally to the person who submitted the petition for its performance, after the commencement of the main trial; however,
the court is entitled, if necessary during the course of further proceedings, to change such decision and admit the performance
of the evidence.
Section 273
Special Provisions on the Performance of Evidence
(1) A defendant who is provided with protection and assistance under a special regulation and, in relation to their
presence in the proceeding before the court, there is a reasonable concern of risk to their life or health or the life or health of a
close person, they may be interrogated with the use of technical equipment designated for the transmission of audio and video.
(2) The method of the performance of evidence or familiarising oneself with the content of evidence may be contested
or amended by the party. The provision of Section 263 Subsection 5 shall apply to the decision on an objection and a petition for
amending the performance of evidence, accordingly.
Division IV
Conclusion of the Main Trial
Closing Speech
Section 274
(1) If there are no further petitions for evidence or if the court decides that any further evidence shall not be
performed, the presiding judge shall pronounce the evidence as completed and give the floor for the closing speech.
(2) After the closing speech of the public prosecutor and the representative of the public interest group, the victim, the
party to an action, and the defence counsel of the defendant and the defendant will speak. If the victim or the party to an action
have a proxy, only the proxy shall speak. If necessary, the presiding judge shall determine the order in which individual entitled
persons shall speak after the closing speech of the public prosecutor. The defence counsel of the defendant and the defendant
shall always speak last; the representative of the public interest group, the victim and the party to an action or their proxy may
speak only to the extent of their claims.
(3) If, with the approval of the presiding judge, the public prosecutor addresses the court again after the closing
speech of the defence counsel or the defendant, the defence counsel and the defendant have the right to comment on such
address.
(4) The presiding judge may suspend the closing speech only when it clearly deviates outside the scope of the heard
matter.
Section 275
After the closing speech and before the adjournment for the final deliberation, the presiding judge shall grant the
defendant the last word. The court or anyone else may not ask the defendant any questions during their speech.
Section 276
Supplementation of Evidence
(1) If the court determines, considering the closing speeches or during the final deliberation, that any of the
circumstance still need to be clarified, they shall decide by a resolution that the evidence will be supplemented and the main trial
shall continue.
(2) After the completion of the evidence, it is always necessary to give the floor for the closing speech again.
Division V
Adjournment of the Main Trial
Section 277
(1) The court shall adjourn the main trial if an obstacle occurs for which the main trial cannot be performed or
continued, and they shall determine a date when the main trial will resume; the main trial may be indefinitely adjourned only if
the nature of the proceedings requires it. If the obstacle due to which the main trial had to be adjourned indefinitely expires, the
date of the main trial must be ordered without undue delay no later than within two weeks from the day when the obstacle
expired, or to perform another act directed towards the conclusion of the matter.
(2) Before the presiding judge adjourns the main trial, they shall ascertain whether the parties propose further
evidence that would have to be procured for the next hearing. The court shall refuse any unjustified petitions by a resolution
against which a complaint is not admissible.
(3) During the adjournment of the main trial, the court may impose that the party that proposed the performance of
evidence or if they insist on its performance, or based on which petition such need arose, to provide the evidence. This shall not
apply if the evidence was directly or indirectly proposed by the defendant and, from the nature of the evidence, it is clear that the
defendant is not able to provide it themselves.
(4) If the court learns that the proposed evidence cannot be performed, they shall decide that such evidence shall not
be performed. They may also decide that the witness is provided and presented under Section 88.
(5) If due to a substantial error in the proceedings or due to another important reason necessary to perform the main
trial again, the presiding judge shall, during the continuation of the adjourned main trial, inform on the substantial content of the
prior hearing. If a longer period of time passed since the adjournment of the main trial, the presiding judge shall read the
significant content of the transcript on the main trial. If a single judge is exchanged or the composition of the court changes, the
main trial must be performed again; this shall not apply if the defendant agrees with the exchange of a single judge or changed
composition of the court.
Division VI
Decision of the Court at the Main Trial
Section 278
Basis for a Decision
(1) The court may decide only on the act that is stated in the indictment petition.
(2) If it is not the case of the submission of an indictment after the proceedings on the petition for an agreement on
guilt and punishment under Section 232 Subsection 4 or 5, the court may take into account only the facts that were discussed at
the main trial during its decision, and rely on evidence that was performed during the main trial.
(3) The court is not bound by the legal assessment of the facts in the indictment.
Section 279
Return of the Matter to the Public Prosecutor
(1) The court shall return the matter to the public prosecutor for completion by resolution only if it is revealed during
the main trial that the defendant committed another act which is a criminal offence, and the public prosecutor requested the
return of the matter due to the need for a joint proceeding.
(2) A complaint against the decision under Subsection 1, which has a suspensive effect, is admissible.
Section 280
Referral of the Matter
(1) If the court ascertains a criminal offence in the indicted act for which it does not have the jurisdiction to hear, it
shall refer the matter to the competent court. However, it is obliged to decide on the matter itself if it is only a local lack of
jurisdiction and the defendant does not object; similarly, it is obligated to decide on the matter itself if the matter was supposed
to be referred to a court of the same type but of a lower level, or if the matter was supposed to be referred from the District Court
at the registered office of the County Court to another District Court. A court that had the matter referred to it by a superior court
may not refer the matter to another court, unless the factual basis for the assessment of the competency has in the meantime
been significantly changed.
(2) The court shall refer the matter to another authority if it ascertains that it is not a criminal offence but the indicted
act was supposed to be heard by another authority as an offence, professional misconduct or disciplinary offence, on which
such authority is competent to decide.
(3) The public prosecutor may file a complaint against the resolution on the referral of the matter under Subsection 2,
which has a suspensive effect.
Section 281
Termination of the Criminal Prosecution
(1) The court shall terminate the criminal prosecution, if during the main trial it ascertains any of the circumstances
referred to in Section 9 Subsection 1.
(2) The court may also terminate the criminal prosecution if it ascertains any of the reasons referred to in Section 215
Subsection 2 or 3 during the main trial.
(3) If the court decides under Subsection 1 or 2, it shall refer the victim who filed a claim for damages to the civil court
proceedings or other proceedings before another competent authority.
(4) A decision under Subsection 1 and 2 may also apply only to some of the acts for which the indictment was filed.
(5) The public prosecutor and the victim may file a complaint against the decision under Subsection 1 and 2, which
has a suspensive effect.
Section 282
Conditional Suspension of the Criminal Prosecution and Settlement
(1) The court may conditionally suspend the criminal prosecution if it ascertains during the main trial that the terms
referred to in Section 216 Subsection 1 were met.
(2) The court may conditionally suspend the criminal prosecution of the cooperating accused if it ascertains during the
main trial that the terms referred to in Section 218 Subsection 1 were met.
(3) The court may approve the settlement and terminate the criminal prosecution if it ascertains during the main trial
that the terms referred to in Section 220 were met; it shall proceed under the provisions of Section 221 through 227.
(4) The public prosecutor may file a complaint against the decision under Subsection 1 through 3 on the approval of
the settlement and the defendant and the victim may file a complaint against the decision on the conditional suspension of the
criminal prosecution, which has a suspensive effect.
Section 283
Suspension of the Criminal Prosecution
(1) The court shall suspend the criminal prosecution if it ascertains during the main trial any of the circumstances
referred to in Section 228 Subsection 2, Section 241 Subsection 3 or Section 244 Subsection 4, or it may suspend the criminal
prosecution if it ascertains during the main trial any of the circumstances referred to in Section 228 Subsection 3.
(2) The court shall also suspend the criminal prosecution even if the defendant cannot be served the summons for the
main trial.
(3) If the reason for the suspension expires, the court shall continue in the criminal prosecution.
(4) The public prosecutor and the defendant may file a complaint against the decision by which the court suspended
the criminal prosecution, or by which it refused the petition for its continuation.
(5) The court shall also suspend the criminal prosecution if it believes that a generally binding legal regulation of a
lower legal force, the application of which in the given criminal matter is crucial to the decision making on guilt and punishment,
is contrary to generally binding legal regulations of a higher legal force or an international treaty, and it shall file a petition for the
commencement of the proceedings before the court. The findings of the Constitutional Court are binding for the court.
Judgment
Section 284
(1) Unless the matter is returned to the public prosecutor for further investigation under Section 279, or referred to
under Section 280 Subsection 1 or 2, and unless the criminal prosecution is terminated under Section 281 or Section 282
Subsection 3, conditionally suspended under Section 282 Subsection 1 or 2, or suspended under Section 283, the court shall
decide by a judgment whether the defendant is found guilty or acquitted.
(2) The court may find the defendant guilty of a criminal offence pursuant to a stricter provision of the law other than
the one under which the act was assessed in an indictment only if the defendant is notified of the possibility of such stricter
assessment of the act before the court pronounces the evidence as complete. If the defendant or their defence counsel
requested it, they must be provided with another deadline for the preparation of the defence and the main trial must be
adjourned for such purpose by at least five working days.
Section 285
The court shall acquit the defendant, if
a) it was not proven that the act for which the defendant is being prosecuted occurred,
b) the act is not a criminal offence,
c) it was not proven that the act was committed by the defendant,
d) the accused is not criminally liable due to legal irresponsibility,
e) the criminality of the act expired, or
f) the public prosecutor withdrew from the criminal prosecution under Section 239 Subsection 2 during the main trial.
Section 286
If the criminal prosecution was terminated as a result of a limitation or the reasons referred to in Section 215
Subsection 2, and the proceedings continued only because the defendant insisted on the hearing of the matter, the court shall
pronounce them guilty if it fails to find any other reason for the acquittal of the defendant, but shall not impose any punishment.
Section 287
(1) If the court convicts the defendant for a criminal offence, which caused damage referred to in Section 46
Subsection 1 to another person, it shall usually impose the repayment of the damages in the judgment if the claim was properly
and timely applied. If it is not prevented by any legal obstacle, the court shall always impose an obligation upon the defendant to
pay the damages if the amount is included in the description of the act referred to in the judgment statement that finds the
defendant guilty, or if it is in relation to the moral damages caused by a violent intentional criminal offence under a special Act,
unless damages have already been paid.
(2) The statement on the obligation of the defendant for damages must accurately indicate the entitled person and the
claim that was attributed to them. In justified cases, the court may pronounce that the commitment must be fulfilled in
instalments and they shall also determine the terms of their repayment, while taking into account the statement of the victim.
(3) The statement on the judgment on damages may, upon the petition of the victim, be expressed in a foreign
currency, unless it is in conflict with the circumstances of the case, and the damage was caused to funds in foreign currency or
on items purchased with such funds or if the defendant or the victim is a foreign resident.
Section 288
(1) If, based on the outcome of the evidence, there is no basis for the pronouncement of the obligation for damages or
if further evidence would be necessary to decide on the obligation for damages, which exceeds the needs of the criminal
prosecution and would extend it, the court shall refer the victim to the civil court proceedings or proceedings before another
competent authority. The victim must be indicated by their name and surname, date and place of birth, and their place of
residence. If the victim is a legal entity, it must be indicated by its trade name or the name, registered office, and identification
number pursuant to the records in the Commercial Register, Trade Register or another register.
(2) The court shall refer the victim to civil court proceedings or a proceeding before another competent authority with
the remaining part of their claim, if it grants only part of their claim for any reason.
(3) If the court acquits the defendant, it shall always refer the victim along with their claim for damages to civil court
proceedings or to proceedings before another competent authority.
Section 289
(1) If the court decides on the matter itself and, unless this Act stipulates otherwise, it shall always decide on the
petition of the public prosecutor for the imposition of a protective measure; this shall also apply if it decides outside of the main
trial. If it is a petition for the imposition of protective measures by the confiscation of a monetary sum or the confiscation of
assets, the court is not bound by the petition of the public prosecutor if it is a certain type of protective measure and the amount
of a monetary sum. If the court ascertains reasons for the imposition of a protective measure upon the defendant, it may impose
it even without the petition of the public prosecutor.
(2) If the court needs to perform further evidence that it cannot perform immediately, in order to decide on the
protective measure it shall reserve such decision on the protective measures for the public hearing.
(3) It may also proceed under Subsection 2 when the public prosecutor files a petition for the confiscation of an item
not belonging to the defendant.
(4) If the court excluded a decision on a protective measure of confiscation of a monetary sum or the confiscation of
assets under Subsection 2, it shall further proceed under Section 362a accordingly, unless this Act stipulates otherwise; the
public prosecutor may not withdraw the petition in this proceeding. If the court decided on the indictment, the presiding judge
shall continue to make decisions as a single judge.
(5) If the court imposes a protective measure of confiscation of a monetary sum by a judgment, it shall set a deadline
for the voluntary fulfilment of the party to an action that corresponds to the determined amount of the monetary sum, however,
no less than 30 days after the final decision. The final statement on the imposition of the protective measure by confiscation of a
monetary sum shall become enforceable after the futile expiry of such deadline; this shall also apply to the protective measure
by confiscation of the monetary sum imposed by a resolution or a criminal warrant.
Division VII
Decision of the Court outside the Main Trial
Section 290
(1) If it is revealed that any circumstances occur justifying the termination of the criminal prosecution under Section
281 Subsection 1 or 2 outside the main trial or the suspension of the criminal prosecution under Section 283 Subsection 1 or 2,
the court shall terminate or suspend the criminal prosecution.
(2) The court shall decide outside the main trial at the closed hearing; however, if the presiding judge deems it
necessary, it may order a public hearing for the decision under Subsection 1, 3 and 5.
(3) The decision on the approval of the settlement may be made by the court at the closed hearing.
(4) The public prosecutor may file a complaint against the decision under Subsection 1, which has, unless it is a
suspension of the criminal prosecution, a suspensive effect.
(5) If circumstances justifying the termination of the criminal prosecution under Section 215 Subsection 3, the
conditional suspension of the criminal prosecution under Section 216 Subsection 1 or Section 218 Subsection 1 or the approval
of the settlement and the termination of the criminal prosecution under Section 220 Subsection 1 are revealed outside the main
trial, the court may terminate the criminal prosecution, conditionally suspend the criminal prosecution, or approve the settlement
and terminate the criminal prosecution.
(6) The public prosecutor may file a complaint against the decision under Subsection 5, the victim may also file a
complaint against the decision on the termination of the criminal prosecution, and the accused may also file a complaint against
the decision on the conditional suspension of the criminal prosecution, which has a suspensive effect.
CHAPTER FOUR
PUBLIC HEARING
Section 291
General Provisions
The court shall decide in the public hearing, unless the law expressly stipulates otherwise.
Section 292
Preparation of the Public Hearing
(1) The presiding judge shall summon the persons whose personal participation is necessary in the public hearing.
They shall notify the public prosecutor and the person who filed a petition for the public hearing, and the person who may be
directly affected by the decision of the public hearing. In the case of an accused juvenile who did not reach nineteen years of
age at the time of the public hearing, they shall also notify the body for the social and legal protection of children and social
curatorship. The presiding judge shall notify the defence counsel, the proxy, and the legal representative of the public hearing.
They shall enclose a copy of the petition filed for the public hearing to the summons or notification.
(2) The provisions of Subsection 1 shall not apply to the proceedings on a complaint against a resolution on the
remand of the accused into custody.
(3) If the representative of a public interest group stood at the main trial before the District Court, the presiding judge
of the District Court shall also notify the public interest group that sent their representative for the public hearing on an appeal.
(4) The presiding judge shall set the date, time and place of the public hearing, so that the person who petitioned for
the performance of the public hearing, the person who may be directly affected by the decision, defence counsel and the public
prosecutor, still has at least five working days for preparation after the serving of the summons or notification for the public
hearing; this shall not apply to complaints against a resolution on the non-remand of the accused into custody. The deadline
may be shortened only with the consent of those in the interest of whom such deadline was set. For other persons who are
being summoned to the public hearing or notified of it, a three day deadline must usually be observed.
(5) The date of the public hearing on which a decision shall be made on the complaint of the public prosecutor against
the resolution on the non-remand of the accused into custody, the judge for the preliminary hearing, who decided on the nonremand of the accused into custody, shall notify the accused, their defence counsel and the public prosecutor immediately after
the act and they shall make a record of it in the transcript. In doing so, they shall proceed so that the deadline referred to in
Section 192 Subsection 3 remains. Of all the pre-selected dates from the work schedule by the court competent to decide on
the complaint against the resolution on the non-remand into custody, the court shall notify of the last day of the deadline referred
to in Section 192 Subsection 3 as the date of the public hearing.
(6) The public hearing on the complaint of the public prosecutor against the resolution on the non-remand of the
accused into custody may be performed in the absence of the accused or their defence counsel, if they were notified of the date
of the public hearing in the manner referred to in Subsection 5.
Presence at the Public Hearing
Section 293
(1) A public hearing shall always be performed in the continual presence of a single judge and the court reporter, or all
members of the court and the court reporter.
(2) The public prosecutor shall participate in the public hearing if they petitioned for the performance of the public
hearing; however, they shall always participate in a public hearing which is being performed on an appeal or an extraordinary
appeal.
(3) The public hearing shall be performed in the presence of the accused.
(4) The public hearing may be performed in the absence of the accused if it is not possible to serve them the
summons to the public hearing, and the appointed defence counsel was duly notified of the public hearing for those reasons.
(5) The public hearing shall be performed in the absence of the accused even if the notification of a public hearing
was duly and timely served to them and they were instructed on the possibility of the performance of the public hearing without
their presence, or under the terms referred to in Section 292 Subsection 5.
(6) The public hearing may not be performed in the absence of the accused if the accused is in custody or serving a
prison sentence, or if it is a criminal offence for which the law stipulates a prison sentence with an upper penalty limit exceeding
ten years.
(7) The provisions of Subsection 6 shall not apply if the accused refuses to participate in the public hearing, or they
expressly request that the public hearing is performed in their absence.
(8) If the accused excuses their absence at the public hearing in a plausible manner and simultaneously requests in
writing to the court that the public hearing is performed in their presence, the court shall adjourn the public hearing and
determine the date, time and place for another public hearing.
(9) In cases of mandatory defence, the public hearing may not be performed without the presence of the defence
counsel. An excuse and the request under Subsection 7 may also be submitted by the defence counsel of the accused if they
are specifically authorised to do so.
(10) The defence counsel of the accused shall always participate in a public hearing for an appeal, as well as at the
public hearing which they gave rise to by their petition.
Section 294
(1) The provisions of Section 293 shall apply accordingly if it is a person that gave rise to the public hearing by their
petition, or it is a person who may be directly affected by the decision.
(2) The court shall decide on the performance of the public hearing in the absence of other persons who were
summoned to the public hearing or notified thereof by a resolution.
Course of the Public Hearing
Section 295
(1) After the commencement of the public hearing, the presiding judge or another member of the court appointed by
them shall submit a report on the basis of the file focused on the issues that are to be addressed at the public hearing; this shall
not apply if it is performed on the petition for a protective measure of the confiscation of a monetary sum or on the petition for a
protective measure of the confiscation of assets after an ejection under Section 289 Subsection 4. Subsequently, the person
who gave rise to the public hearing by their petition shall read such petition. The person, who may be directly affected by a
decision, as well as the public prosecutor, shall comment on the petition, unless they submitted it.
(2) If evidence is performed during the public hearing, the provisions on evidence at the main trial shall apply
accordingly. Restrictions on the performance of evidence by reading the transcript on the witness or expert testimonies shall
apply only to the public hearing on an appeal.
(3) After the completion of evidence, the presiding judge shall grant the floor for final petitions. If the person who may
be directly affected by the decision is the accused, then they have the right to speak last. If the accused is a juvenile, the final
petition may also be read by a representative of the body for the social and legal protection of children and social curatorship
and the legal representative.
Section 296
The decision of the court shall always be pronounced publicly.
Section 297
Basis for a Decision
In the case of proceedings on the agreement on guilt and punishment, or the confession of the commission of an act
during the proceeding on the agreement on guilt and punishment, the court, during their decision making, may take into account
only facts that were heard during the public hearing and rely on evidence performed at the public hearing.
Section 298
Application of the Provisions on the Main Trial
Provisions on the main trial shall apply to the public, proceedings, beginning and adjournment of the public hearing
accordingly.
Protective Measures
Section 299
(1) If the court has not reserved the rights for the decision on protective treatment, protective education, protective
supervision, or confiscation of items under Section 289 Subsection 2, it may impose such protective measures in the public
hearing only if so petitioned by the public prosecutor.
(2) The court shall decide on the petition for the placement of the convicted in a detention facility at the public hearing.
(3) A complaint against the decision on a protective measure under Subsection 1 and 2, which has a suspensive
effect, is admissible.
Section 300
(1) If during the proceedings on the confiscation of items the owner of the items that are to be confiscated cannot be
reliably determined, or if their residence is unknown, the presiding judge or the judge shall appoint a guardian by a resolution.
The guardian has the same rights as the owner in the proceedings on the confiscation of items.
(2) All documents intended for the owner of the items shall be served only to the guardian. The summons of the
owner to the public hearing shall be published in an appropriate manner. The public hearing shall then be performed in the
absence of the owner of the item, regardless of whether the owner is aware of such hearing.
(3) A complaint against the decision on the appointment of a guardian is admissible.
CHAPTER FIVE
CLOSED HEARINGS
Section 301
The court shall decide in a closed hearing if it is not stipulated by the law that the decision shall be made at the main
trial or a public hearing.
Section 302
(1) The closed hearing shall be performed in the continual presence of all members of the court and the court
reporter.
(2) Other persons are excluded from participation in the closed hearing; during the decision on custody, the public
prosecutor, the accused, and their defence counsel also have the right to participate; during the decision making on the
complaint against a decision on custody, the presiding judge may allow the participation of such persons. The presiding judge
shall proceed during the provision of the participation of the public prosecutor, the accused and the defence counsel, under
Section 72 Subsection 2. If necessary, during the decision making on custody or a complaint against a decision on custody, the
presiding judge shall also notify the representative of the public interest group or another person offering a guarantee or bail of
the public hearing and allow their participation.
Section 303
A single judge shall not perform the closed hearing.
Section 304
(1) If it is necessary to perform evidence at the closed hearing, it shall be performed by reading the transcript or other
documents, or by performing material evidence or audio, video or audiovisual recording, and if necessary, also by its
presentation via technical equipment. Part of such evidence is a report on how and by whom the recording was prepared or
obtained.
(2) If there is to be a decision on custody or on a complaint against a decision on custody, and the presiding judge
allowed the participation of the persons referred to in Section 302 Subsection 2, the presiding judge shall interrogate the
accused, while proceeding under Section 72 Subsection 2 accordingly; if it is a representative of the public interest group or a
person offering a guarantee or bail, the presiding judge shall proceed pursuant to the nature of the offered replacement of
custody and the circumstances of the case.
Section 305
The decision must always be pronounced.
CHAPTER SIX
APPEALS AND APPELLATE PROCEDURE
Section 306
Admissibility and Effect
(1) A corrective measure against the decision of the court of first instance is an appeal.
(2) An appeal has a suspensive effect.
Entitled Persons
Section 307
(1) Unless this Act stipulates otherwise, a judgment may be challenged by an appeal by
a) the public prosecutor for the inaccuracy of any statements,
b) the defendant for the inaccuracy of any statement that directly affects them, with the exception of a declaration of guilt to the
extent in which the court accepted their declaration that they are guilty or the declaration that they do not deny the commission
of the act referred to in the indictment,
c) the victim for the inaccuracy of the statement on damages,
d) the party to an action for the inaccuracy of the statement on the confiscation of items.
(2) A person entitled to file an appeal against any of the statements of the judgment may also contest it because such
statement was not made, and for the violation of the provisions on the proceedings that preceded the judgment, if such violation
could have caused a statement that is incorrect or missing.
Section 308
(1) Only the public prosecutor may contest the judgment by an appeal to the detriment of the defendant; the victim
who filed a claim for damages has the same right in regards to the obligation to pay damages.
(2) In addition to the defendant and the public prosecutor, the direct relatives of the defendant, their siblings, adoptive
parents, adopted child, spouse and partner may also contest the judgment in favour of the defendant. The public prosecutor
may do so even against the will of the defendant. If the defendant is denied their legal capacity or if their legal capacity is
restricted, the legal representative or the defence counsel of the defendant may also file an appeal in favour of the defendant
against their will.
Deadline and Place of Submission
Section 309
(1) An appeal shall be filed at the court against which the appeal is filed within 15 days of the pronouncement of the
judgment. The pronouncement of the judgment shall be performed in the presence of the person to whom it is to be served. If
the judgment is pronounced in the absence of such a person, the serving of the judgment serves as a notification.
(2) If the defendant, their legal representative, and defence counsel are notified of the judgment, then the deadline
shall run from the date of the notification that was performed last.
(3) The deadline shall run separately for the body for the social and legal protection of children and social curatorship.
(4) For other persons referred to in Section 308 Subsection 2, except for the public prosecutor, the deadline shall
expire on the same day as the defendant.
Section 310
(1) If a person entitled to file an appeal is present during the pronouncement of the judgment by the court of first
instance, and they were instructed under Section 309, the presiding judge shall allow the persons entitled to file an appeal to
comment and their statement of an appeal shall be recorded in the transcript of the main trial. If the defendant has a defence
counsel, they may make such statement after consulting with the defence counsel. A person entitled to file an appeal may
announce that they do not comment on the possibility to use an appeal yet. The transcript of the main trial shall include against
which statement of the judgment an appeal is being filed, or also the proceedings that preceded the judgment that the appeal is
directed against.
(2) The appeal of the public prosecutor, who filed it at the main trial, must clearly indicate whether the appeal is for or
against the defendant.
Section 311
Contents of an Appeal
(1) The filed written appeal must include against which statements the appeal is directed, and whether it is also
directed against the proceedings that preceded the judgment.
(2) An appeal of the public prosecutor, an appeal filed in favour of the defendant by their defence counsel, as well as
an appeal filed in favour of the victim or the party to an action by their proxy, must also include a justification so that it is clear in
which part it contests the judgment and what errors are being objected to in the judgment or the proceedings which preceded
the judgment.
(3) If an appeal fails to meet the terms referred to in Subsection 2, the presiding judge shall call upon the appellant to
rectify the deficiencies. If a person other than the defendant fails to comply with such a call, the court may proceed under
Section 70.
(4) An appeal may rely on new facts and evidence.
Waiver and Withdrawal of an Appeal
Section 312
(1) Following the pronouncement of the judgment, the entitled person may expressly waive the right to an appeal. The
defendant may expressly declare that they disagree with the filing of an appeal in their favour by the persons referred to in
Section 308 Subsection 2.
(2) A person who filed an appeal may withdraw it by an express declaration until the court of appeals adjourns for the
final deliberation. An appeal by the public prosecutor may also be withdrawn by the superior public prosecutor.
(3) An appeal filed in favour of the defendant by the defence counsel, another entitled person, or the legal
representative on behalf of the accused may be withdrawn only with the express consent of the defendant. The public
prosecutor may also withdraw such an appeal without the consent of the defendant. In such a case, a new deadline for the
submission of the appeal shall run for the defendant from the notification that the appeal was withdrawn.
(4) The presiding judge of the court of appeals shall take the withdrawal of the appeal into account and, if the matter
has not yet been submitted to such court, the presiding judge of the court of the first instance may do so.
Section 313
An appeal filed in favour of the juvenile defendant against their will by the public prosecutor, legal representative,
defence counsel or the body for the social and legal protection of children and social curatorship may be withdrawn without the
consent of the juvenile defendant. In such a case, a new deadline for the submission of the appeal shall run for the juvenile
defendant from the notification that the appeal was withdrawn.
Section 314
Proceedings before the Court of the First Instance
The presiding judge shall serve the copy of the appeal to other parties that could be directly affected by the decision
on the appeal with a warning that they may comment on the appeal; once the deadline for filing an appeal expires for the
entitled persons, they shall submit the files to the court of appeals.
Section 315
Court of Appeals
The County Court shall decide on the appeal against the judgment of the District Court. The Supreme Court shall
decide on the appeal against the judgment of the Specialised Criminal Court.
Decision of the Court of Appeals
Section 316
(1) The court of appeals shall refuse an appeal if it was submitted late, by a person who is not authorised to do so, or
by a person who expressly waived their right to an appeal or re-submitted an appeal which they had previously expressly
withdrawn in the same matter or if it was filed against a statement against which it is not admissible.
(2) An appeal may not be refused for being submitted late if the entitled person only filed it late because they followed
the wrong instructions of the court.
(3) The court of appeals shall revoke the contested judgment and return the matter to the court of the first instance so
that it can hear it again to the necessary extent, and decide if it found that
a) the court decided in an illegal composition,
b) the defendant did not have a defence counsel, even though a defence counsel was mandatory, or
c) the main trial was performed in the absence of the defendant, although statutory requirements had not been met for such a
case.
Section 317
(1) If the court of appeals fails to refuse the appeal under Section 316 Subsection 1 or fails to revoke the judgment
under Section 316 Subsection 3, it shall examine the legality and justification of the contested statements of the judgment,
against which the appellant filed an appeal, as well as the correctness of the proceedings that preceded them. It shall take the
errors that were not objected against, by the appeal, into account only if they justified the submission of an appellate review
under Section 371 Subsection 1.
(2) If an appeal against the statement by which the defendant was found guilty was filed in favour of the defendant
and the court of appeals does not revoke such statement, it shall also examine, in the full extent, the legality and justification of
the statement on punishment and other statements that have their basis in the statement of guilt.
(3) If the appeal contested part of the judgment concerning only one of several persons who were decided on by the
same judgment, the court of appeals shall examine only such part of the judgment and the preceding proceedings concerning
such person under Subsection 1.
Section 318
(1) The court of appeals shall suspend the criminal prosecution if, during the appellate procedure, it is revealed that
after the pronouncement of the contested judgment, certain circumstances, as referred to in Section 228 Subsection 2, Section
241 Subsection 3, Section 244 Subsection 4 or Section 283 Subsection 5 occurred, or if the defendant cannot be served the
summons to a the public hearing of the court of appeals.
(2) If the reason for the suspension of the criminal prosecution expired, the court shall continue the criminal
prosecution.
Section 319
The court of appeals shall refuse the appeal if it finds that it is not justified.
Section 320
(1) The court of appeals shall revoke the contested judgment and
a) refer the matter, if the court of the first instance was supposed to have done so under Section 280 Subsection 1 or 2,
b) conditionally suspend the criminal prosecution under Section 282 Subsection 1, if the court of the first instance was supposed
to have done so,
c) terminate the criminal prosecution, if it finds that there is any circumstance that would justify the termination of the criminal
prosecution by the court of the first instance under Section 281 Subsection 1 or 2, or
d) suspend the criminal prosecution, if the court of the first instance should have done so under Section 283 Subsection 1, 2 or
5.
(2) If the reason of the suspension of the criminal prosecution expired, the court shall continue the criminal
prosecution.
Section 321
(1) The court of appeals shall also revoke the contested judgment due to
a) significant errors in the proceedings that preceded the contested statements of the judgment, particularly because the
provisions by which the clarification of the matter should have been provided or the right to defence were violated,
b) errors in the contested statements of the judgment, particularly due to ambiguity or incompleteness of its factual findings, or
because the court did not deal with all the circumstances important for the decision,
c) the occurrence of doubts about the accuracy of the factual findings of the contested statements, which require repeated
performance or further evidence for their clarification,
d) the violation of the provisions of the Penal Code by the contested judgment,
e) the imposed punishment being disproportionate, or
f) the decision on the claimed entitlement of the victim for damages being contrary to the law.
(2) If the appeal was restricted under Section 317 Subsection 1 or 3, the court of appeals shall, due to the reasons
referred to in Subsection 1, revoke the contested statement of the judgment. However, if the court of appeals revokes the
statement on guilt only in part, the entire statement on punishment shall also be revoked as well as other statements that have
their basis in the statement of guilt.
(3) If it examines all of the statements, but only a part of the contested judgment is faulty and it can be separated from
other statements, the court of appeals shall revoke the judgment only in such part; however, if it revokes only a part of the
statement on guilt, it shall simultaneously also revoke the entire statement on punishment as well as any other statements that
have their basis in the statement of guilt.
Section 322
(1) If, after the revocation of the contested judgment or any part thereof, it is necessary to make a new decision in the
matter, the court of appeals shall return the matter to the court of the first instance to hear again to the necessary extent and
make a decision, but only if the completion of the proceedings of the court of appeals was associated with disproportionate
difficulties or if it could lead to other merits.
(2) If the contested judgment is flawed only because one of its statements is missing or is incomplete, the court of
appeals may return the matter to the court of the first instance without the revocation of the contested judgment with an order to
decide on the missing statement or to complete the incomplete statement.
(3) The court of appeals shall decide on the matter itself, if a new decision may be made on the basis of the merits
which were correctly found in the contested judgment, or completed by evidence performed before the court of appeals. The
court of appeals may change the contested judgment to the detriment of the defendant only on the basis of an appeal by the
public prosecutor that was filed to the detriment of the defendant; the statement on damages may then be performed on the
basis of an appeal by the victim who made a claim for damages.
(4) The court of appeals may not itself
a) find the defendant guilty of the act, for which they were acquitted by the contested judgment,
b) find the defendant guilty of a more severe criminal offence than the one for which they could have been found guilty of by the
contested judgment by the court of the first instance.
Section 323
The court of appeals may, after revoking the judgment, pronounce that the matter shall be returned to the public
prosecutor for the preliminary hearing under the fulfilment of the terms referred to in Section 279 Subsection 1.
Section 324
If the reason, based on which the court of appeals decided in favour of any of the defendants, also benefits another
co-defendant or party to an action who did not file an appeal, the court of appeals shall also decide in their favour. Similarly, it
shall decide in favour of the defendant for whose benefit there is a reason, based on which it decided in favour of the party to an
action.
Section 325
If the court of appeals decided that the matter shall be returned for a new hearing and the decision of the court of first
instance, it may simultaneously order that the matter is heard and decided on in a different composition of the court. Based on
an important reason, it may also order that the matter is heard and decided on by another court of the same type and instance
under its jurisdiction.
Section 326
Proceedings before the Court of Appeals
(1) The court of appeals shall decide on an appeal at the public hearing. They may also make decisions in a closed
hearing
a) under Section 316 Subsection 1 or 3,
b) under Section 318, Section 320 Subsection 1, Section 321 Subsection 1 or 2, if it is clear that the error cannot be removed
during a public hearing.
(2) Participation of the public prosecutor in the public hearing is mandatory.
(3) The defendant must have a defence counsel in the public hearing on appeal in all cases in which they must have
one at the main trial.
(4) After the commencement of the public hearing, the presiding judge or a member of the court designated by them,
shall first read the contested judgment, state which error of the judgment or proceedings have been contested, and announce
the significant contents of the prior proceedings.
(5) The court of appeals may supplement the proceedings with further evidence necessary for the decision on an
appeal.
Proceedings at the Court of the First Instance after the Revocation of the Judgment
Section 327
(1) The court, which the matter was returned to for a new hearing and decision, is bound by the legal opinion which
the court of appeals pronounced in its decision, and it is obligated to perform the acts and evidence which were ordered by the
court of appeals.
(2) If the contested judgment was revoked only due to an appeal filed in favour of the defendant, it may not be
changed to their detriment in the decision of the new proceedings.
Section 328
(1) The court of the first instance shall decide at the public hearing by a judgment on the basis of the procedure of the
court of appeals under Section 322 Subsection 2.
(2) The court of the first instance referred to in Subsection 1 shall decide in the same composition of the court or the
same single judge only if it was not possible due to serious obstacles.
(3) An appeal against the judgment under Subsection 1, which has a suspensive effect, is admissible.
(4) If the judgment under Subsection 1 became final, it becomes a part of the original judgment.
Section 329
Consequences of the Revocation of the Statement on Damages
If the court of appeals revokes the contested judgment only in the statement on the damages and if it does not decide
itself in the matter by the judgment, it shall refer the victim to civil court proceedings or to proceedings before another competent
authority.
CHAPTER SEVEN
SPECIAL COURSE OF ACTION
Section 330
General Provisions
Unless this Chapter contains special provisions, general provisions shall apply to the proceedings under this Chapter.
Division I
Agreement on Guilt and Punishment
Section 331
(1) The petition for an agreement on guilt and punishment at the court shall be examined by the presiding judge and,
based on its contents and the contents of the file,
a) determine the date of the public hearing for the decision on the agreement on guilt and punishment, or
b) refuse the petition for an agreement on guilt and punishment if it finds a serious violation of procedural regulations, in
particular a violation of the rights to a defence counsel, or if the petitioned agreement on guilt and punishment is most likely
inappropriate.
(2) If there is an ongoing proceeding for a crime for which the law stipulates a prison sentence with an upper penalty
limit exceeding eight years, the decision on an apparent disproportionality of an agreement on guilt and punishment shall be
made by the court during the closed hearing.
(3) The resolution under Subsection 1 Paragraph b) must include which findings the decision is based on. A complaint
against such resolution is admissible.
(4) If the resolution to the refusal of the petition on an agreement on guilt and punishment becomes final, the matter
shall be returned to the preliminary hearing stage unless this Act stipulates otherwise.
(5) Repealed from 1 February 2009.
Section 332
(1) The petition for an agreement on guilt and punishment shall be heard in a public hearing unless this Act stipulates
otherwise.
(2) If the court did not refuse the petition of the public prosecutor for an agreement on guilt and punishment under
Section 331 Subsection 1 Paragraph b), the petition shall be served to the accused, their defence counsel, victim and their
proxy. If an accused juvenile has not reached the age of nineteen at the time of the public hearing, the petition shall also be
served to their legal representative and the body for the social and legal protection of children and social curatorship.
(3) A copy of the petition for an agreement on guilt and punishment, together with the notification or summons to the
public hearing, must be served so that the public prosecutor, the accused, and their defence counsel have a deadline of at least
five working days to prepare for the public hearing following the serving of the petition for an agreement on guilt and
punishment. Such deadline may be shortened only with their consent. For other persons who are being summoned to the public
hearing or notified of it, at least a three day deadline must be observed.
Section 333
(1) The public hearing on the petition for an agreement on guilt and punishment shall always be performed in the
continual presence of all members of the court, court reporter, public prosecutor, the accused, and also the defence counsel if
the accused has one.
(2) After the commencement of the public hearing, the public prosecutor shall read the petition for an agreement on
guilt and punishment.
(3) After the delivery of the petition for an agreement on guilt and punishment, the presiding judge shall, in the form of
questions, ascertain whether the accused
a) understands the submitted petition for an agreement on guilt and punishment,
b) agrees that the criminal matter was heard in such shortened form whereby they waive their right to the public court
proceedings,
c) understands the basis of the act for which they are being found guilty,
d) has been instructed on their rights as an accused, particularly on their right to have a defence counsel, whether they were
given the opportunity to free choice of their defence counsel, and whether they could consult their defence counsel on the
method of defence,
e) understands the basis of the proceedings on the petition for an agreement on guilt and punishment,
f) understands the legal classification of the act as a criminal offence,
g) is familiarised with the criminal penalties that the law stipulates for the commission of criminal offences for which they are
being found guilty,
h) voluntarily confessed and acknowledged guilt for the committed act, which is qualified as a specific criminal offence in the
petition for an agreement on guilt and punishment,
i) agrees with the proposed punishment, accepts the punishment, and conforms with the execution of punishment and protective
measures, and repays damages within the scope of the agreement during the set deadlines,
j) is aware that if the court accepts the petition for an agreement on guilt and punishment and pronounces a judgment which will
become final by a pronouncement, an appeal against such judgment will not be admissible.
(4) If the court refuses the agreement on guilt and punishment under Section 331 Subsection 4, and after the
submission of an indictment the main trial is being performed, the confession to the commission of an act by the accused in the
proceedings of the agreement on guilt and punishment may not be used as evidence at the main trial.
(5) If an accused juvenile has not reached eighteen years of age at the time of the proceedings, the court shall
determine whether their defence counsel and their legal representative agree to an agreement on guilt and punishment.
(6) After the statement of the accused on all issues, as well as after the statement of all parties on the issues which
directly concern them, the court shall adjourn for final deliberation.
Decision on the Petition for an Agreement on Guilt and Punishment
Section 334
(1) The court may decide only on the act, its legal classification, adequacy of punishment, protective measure in
relation to the accused, as well as on the statement of damages to the extent referred to in the petition for an agreement on guilt
and punishment if the accused answered “yes” to all questions.
(2) If the court decided on an agreement on guilt and punishment, which in the petitioned wording is likely
disproportionate, but it is not deemed fair, it shall notify the parties of its objections, who may propose a new wording of the
agreement on guilt and punishment. The court shall suspend the public hearing for such purpose for the required time. If the
parties agree, it shall proceed under Subsection 4 accordingly; if the victim does not agree with the agreement on guilt and
punishment, it shall proceed under Section 232 Subsection 3, last sentence accordingly. If the parties fail to agree, the court
shall proceed under Subsection 3.
(3) If the court does not approve the agreement on guilt and punishment within the proposed extent or the accused
answered “no” to any of the questions, it shall return the matter to the public prosecutor for the preliminary hearing by a
resolution unless this Act stipulates otherwise; if the accused is in custody and the court did not decide on the release of the
accused to liberty at the same time, the custody shall continue in the preliminary hearing which, together with the custody
performed during the preliminary hearing, may not exceed the period referred to in Section 76 Subsection 7.
(4) If the court approves the agreement on guilt and punishment, it shall so confirm by a judgment which it shall
pronounce publicly. An appeal or an appellate review against such judgment, besides the appellate review under Section 371
Subsection 1 Paragraph c), is not admissible.
(5) The judgment shall become final by its pronouncement.
Section 335
If the accused is in custody, the court shall take measures for the enforcement of the punishment after the
pronouncement of the judgment without undue delay; if the accused is not in custody, it shall proceed under the provisions of
the Chapter One and Chapter Two of Part Four of this Act.
Division II
Proceedings against Juveniles
Section 336
Juvenile defence
After an accusation has been raised, a juvenile must have a defence counsel in the proceedings.
Determining the Circumstances of Juveniles
Section 337
In the proceedings against a juvenile, it is necessary to identify the degree of intellectual and moral development of
the juvenile, their character, circumstances and environment in which they live and were raised, their behaviour prior to the
commission of the act that they are accused of, as precisely as possible, and also other circumstances important for the choice
of means appropriate for their reformation, particularly for the assessment of whether the protective education of the juvenile is
to be ordered. The body for the social and legal protection of children and social curatorship and the Municipality shall be
responsible for ascertaining the circumstances of the juvenile.
Section 338
A juvenile who is not over fifteen years of age at the time of the act must always be examined as to whether they are
competent to recognise the illegality of the act, and whether they are competent to govern their own conduct.
Section 339
Custody of Juveniles
Even when there are reasons for custody under Section 71, the accused juvenile may be remanded in custody only in
the case that the purpose of custody may not be achieved otherwise.
Proceedings before the Court
Section 340
In the case of a juvenile, the court shall also serve the indictment or the petition for an agreement on guilt and
punishment to the body for the social and legal protection of children and social curatorship, the legal representative of the
juvenile, or even to the person with whom the juvenile lives in a common household; if they have an appointed guardian, the
indictment shall be served to them. If the juvenile, at the time of the main trial or public hearing, has reached nineteen years of
age, such provision shall not apply.
Section 341
If the welfare of the juvenile so requires, the competent court may refer the matter to the court in whose jurisdiction
the juvenile has a permanent residence, or to the court where the performance of the criminal proceedings with regard to the
interests of the juvenile is the most efficient for other reasons.
Section 342
Joint proceedings before the court against the juvenile and other person older than eighteen years of age may be
performed only if necessary for the balanced and objective clarification of the matter or if there are other important reasons. In
regards to the juvenile, the provisions of this Division shall also apply to joint proceedings.
Section 343
(1) The main trial and the public hearing on an agreement on guilt and punishment may not be performed in the
absence of the juvenile.
(2) The body for the social and legal protection of children and social curatorship must also be notified of the main trial
and the public hearing. The public prosecutor must always be present at a public hearing.
(3) At the main trial and the public hearing against a juvenile
a) upon the petition of the juvenile, their defence counsel or legal representative, the court shall exclude the public if such is to
protect the interests of the juvenile,
b) the presiding judge may order the juvenile to leave the courtroom during a certain part of the main trial if there is concern that
such part of the proceedings could adversely affect their moral development; after the return of the juvenile to the court room,
the presiding judge shall notify them of the significant contents of the hearing performed in their absence so they can comment
on it.
(4) The representative of the body for the social and legal protection of children and social curatorship has the right to
file petitions and ask the interrogated persons questions; after the closing speech of the representative of the public authority for
youth care and the legal representative, the juvenile has the right to make a closing speech.
Section 344
Notification of Decisions
(1) A copy of the judgment must also be served to the body for the social and legal protection of children and social
curatorship and the legal representative with whom the juvenile lives in a common household.
(2) If the legal representative referred to in Subsection 1 or the body for the social and legal protection of children and
social curatorship was not present during the pronouncement of the resolution, against which the submission of a complaint is
admissible, or by which the criminal prosecution was terminated, conditionally suspended or suspended or the matter was
referred, a copy of such resolution shall be served to them, if at the time when the resolution was pronounced the juvenile had
not reached eighteen years of age.
Section 345
Persons Entitled to File Appeals
(1) An appeal in favour of the juvenile may also be filed, even against their will, by the body for the social and legal
protection of children and social curatorship; the deadline for the submission of an appeal shall run separately.
(2) A complaint in favour of the juvenile may also be filed by their direct relatives, their siblings, spouse and partner;
the deadline for the submission of the complaint shall expire on the same date as the juvenile’s.
Section 346
Imposition of Protective Education
(1) If the court has not reserved the decision on protective education it may only impose it at the public hearing upon
the petition of the public prosecutor.
(2) A complaint against the decision on protective education, which has a suspensive effect, is admissible.
Section 347
Common provisions
(1) In proceedings against juveniles, it is necessary to ensure that the investigation, summary investigation, and
decision making was entrusted to persons whose life experience and experience with the education of youth guarantee the
fulfilment of the educational purpose of the criminal proceedings. The law enforcement authorities and the court shall proceed in
close cooperation with facilities that are entrusted with youth care or facilities for psychological care.
(2) The provisions of this Division shall not apply
a) in proceedings on criminal offences, which the accused committed either before reaching eighteen years of age, or after
reaching it, if the law stipulates the same or a more severe punishment for the act committed after the reaching eighteen years
of age, or
b) if charges are pressed after the accused has reached eighteen years of age.
(3) The provisions of this Division on the participation of the body for the social and legal protection of children and
social curatorship shall not apply
a) in the field of military justice,
b) in enforcement proceedings, if the act is performed after the juvenile has reached eighteen years of age.
Division III
Proceedings before the Judge for the Preliminary Hearing and a Single Judge
Section 348
(1) If it is performed after the submission of the person to the court under Section 204 Subsection 1, the judge for the
preliminary hearing shall interrogate the accused, particularly in terms of the circumstances of the detention and the facts
justifying the petition for remand in custody if it is filed, and
a) with priority, but no later than within the deadline under Section 87 Subsection 2, it shall set a date for the main trial, however,
usually within fifteen working days from the submission of the indictment, if the matter is not performed by an order, or if they fail
to make any of the decisions under Section 241 Subsection 1 Paragraphs a) through g); they shall notify the public prosecutor
and the defendant of the date without undue delay, and they shall also serve the indictment; if the defence counsel is present,
they shall also notify them of the date of the main trial and serve them the indictment,
b) they shall perform the main trial with the consent of the defendant after their interrogation without undue delay, and
depending on how the circumstances of the case allow it, within the deadline under Section 87 Subsection 2 from the
submission of the indictment,
c) they shall decide on the petition for the remand in custody, if the public prosecutor filed such petition within the deadlines
under Section 87 from the submission of such petition and in the manner referred to in Section 72, and
d) allow the defendant who was remanded in custody and does not have a defence counsel to choose one within a reasonable
deadline; if they fail to do so, the judge for the preliminary hearing shall appoint one.
(2) The judge for the preliminary hearing has the same position in the proceedings under Subsection 1 as a single
judge.
(3) The judge for the preliminary hearing shall not perform a closed hearing; if it is decided on custody, they shall
proceed under Section 72 Subsection 2.
Section 349
(1) A single judge shall perform the proceedings on offences and crimes for which the law stipulates a prison
sentence with an upper penalty limit not exceeding eight years.
(2) The provisions of Subsection 1 shall not apply if multiple punishment or joint punishment is to be imposed, and the
earlier punishment was imposed in proceedings before the court.
(3) A single judge has the same rights and obligations as the court and its presiding judge.
(4) A single judge shall not perform a closed hearing; if they decide on custody, they shall proceed under Section 72
Subsection 2, even if they do not make decisions at the main trial or the public hearing.
Section 350
A single judge shall not preliminary hear the indictment, however they shall examine, whether it provides a reliable
basis for further proceedings, and whether the preliminary hearing which preceded it was performed in a manner consistent with
this Act.
Section 351
The court to which the matter was referred to by a higher court may not refer the matter to another court under
Section 320 Subsection 1, Paragraph a), except when the factual basis for the assessment of the competency has significantly
changed in the meantime.
Section 352
If the single judge does not make any of the decisions referred to in Section 241 Subsection 1 Paragraphs a) through
h) or j) or under Section 241 Subsection 6, they shall order the main trial; if the petition for an agreement on guilt and
punishment is filed, they shall order the public hearing on such petition.
Division IV
Criminal Warrant
Section 353
(1) A single judge may issue a criminal warrant even without hearing the matter at the main trial, if the merits may be
reliably demonstrated by the evidence demonstrated.
(2) The criminal warrant may impose
a) a prison sentence of up to three years,
b) punishment by disqualification,
c) a monetary penalty,
d) the forfeiture of items,
e) a punishment of community service, if the accused agrees with it,
f) punishment by house arrest,
g) punishment by deportation,
h) punishment by prohibition of residence,
i) a protective measure; however the protective measure of a confiscation of assets and the protective measure of a confiscation
of a monetary sum exceeding EUR 331,930 may not be imposed by a criminal warrant; a single judge shall proceed under
Section 289 Subsection 1, and if they impose protective measures of a confiscation of a monetary sum, they shall proceed
under Section 289 Subsection 5.
(3) A replacement punishment of a prison sentence for a monetary penalty may not, even with the imposed prison
sentence, exceed three years.
(4) If the single judge needs to perform further evidence in order to decide on the protective measure they shall
reserve such decision on protective measures for the public hearing. They may not reserve a decision on the confiscation of the
monetary sum and assets for the public hearing.
(5) A criminal warrant cannot be issued
a) in proceedings against a person who is denied their legal capacity or whose legal capacity is restricted,
b) in proceedings against a juvenile, if at the time of its issue, the juvenile was not eighteen years of age.
(6) The criminal warrant has the character of a convicting judgment. The effects associated with the pronouncement
of the judgment shall take effect by the serving of the criminal warrant to the accused.
Section 354
(1) The criminal warrant includes
a) the indication of the court and the name and surname of the single judge, who issued the criminal warrant,
b) the date and place where the criminal warrant was issued,
c) the identification of the accused,
d) the statement on guilt and the imposed punishment,
e) the statement on protective measures, if they are imposed,
f) the statement on damages if the entitlement to damages was duly claimed,
g) instructions on the right to protest.
(2) The criminal warrant shall be served to the accused, the public prosecutor, the party to an action and the victim,
who claimed the damages; if the victim or the party to an action have a legal representative or a proxy, the criminal warrant shall
only be served to the legal representative or the proxy of the victim or the party to an action. If the accused has a defence
counsel, it shall also be served to them.
(3) In the case of negligence of alimony, the criminal warrant shall also be served to the person for whom the accused
is obligated to fulfil their obligation to maintain or feed another person.
Section 355
Protest against a Criminal Warrant
(1) The accused and the persons entitled to file an appeal in their favour, as well as the public prosecutor, may file a
protest against the criminal warrant. The protest shall be filed at the court that issued the criminal warrant within eight days of its
serving. For persons who may file an appeal in favour of the accused, except for the public prosecutor, the deadline shall end
on the same date as the accused’s deadline. If the criminal warrant is served to the accused and also to their defence counsel,
the deadline runs from the serving that was performed as last. The provisions of Section 64 shall apply to the return of the
deadline accordingly.
(2) The victim may file a protest against the statement on damages by which the damages were granted; if the victim
filed the protest, the criminal warrant shall be revoked in the statement on damages. A single judge shall refer the victim to civil
court proceedings or to proceedings before another competent authority by a resolution. The procedure is followed similarly
even if the protest against the statement on damages is filed by another entitled person.
(3) If the entitled person filed a protest against the criminal warrant under Subsection 1 within the deadline, the single
judge shall order the main trial in the matter; during the hearing of the matter at the main trial, the single judge is not bound by
the legal classification or the type and penalty of the punishment or the statement on the protective measures contained within
the criminal warrant. Otherwise the criminal warrant becomes final and enforceable under Section 356; a final statement on the
imposition of protective measures, confiscation of the monetary sum, shall become enforceable under Section 289 Subsection
5.
(4) The parties to an action may file a protest against the statements by which the protective measures were imposed.
The protest shall be filed at the court that issued the criminal warrant within eight days of its serving. If the party to an action
filed a protest and there is no reason for the procedure under Subsection 3, a single judge shall hear the petition to impose the
protective measures at a public hearing. If it is a petition for the imposition of protective measures by a confiscation of monetary
sum or the confiscation of assets, it shall proceed under Section 362a, however, the public prosecutor may not withdraw the
petition in such proceedings; therefore, it shall proceed even when the party to an action filed a protest and a reason for the
procedure under Subsection 3 simultaneously occurred, but due to the withdrawal of the protest by an entitled person, the
warrant became final and enforceable in the statement on guilt and punishment.
(5) If a single judge fails to order the main trial after the serving of a protest because a protest was filed by an
unauthorised person or filed late, they shall refuse such protest by a resolution. A complaint against such resolution, which has
a suspensive effect, is admissible.
(6) If the accused was prosecuted for a criminal offence referred to in Section 211, the victim may withdraw the
consent to the criminal prosecution until the criminal warrant is served to any of the persons referred to in Subsection 1.
Withdrawal of consent shall revoke the criminal warrant and the single judge shall terminate the criminal prosecution.
(7) If a criminal warrant was issued, the public prosecutor may withdraw the indictment until the criminal warrant was
served to any of the persons referred to in Subsection 1. Withdrawal of the indictment shall revoke the criminal warrant and the
matter shall be returned to the preliminary hearing.
(8) The accused and persons who are entitled to file an appeal in their favour, the victim, the party to an action, as
well as the public prosecutor may waive their right to file a protest by an express declaration and, with the exception of the
victim, they may also withdraw the protest by an express declaration until the public prosecutor reads the indictment at the main
trial; they may no longer file the protest after such declaration. A person who is entitled to file an appeal in favour of the accused
may withdraw the filed protest only with the express consent of the accused.
(9) The single judge shall take the withdrawal of the protest, provided there are no obstacles, into account by a
resolution.
(10) If the protest was filed within the deadline and it was not withdrawn under Subsection 8, a criminal warrant shall
be revoked upon the reading of the indictment by the public prosecutor at the main trial. If, at the main trial, the court proceeds
under Section 255 Subsection 3 and the public prosecutor fails to read the indictment, the criminal warrant shall be revoked by a
declaration of the resolution on the return of the matter to the public prosecutor for the procedure under Section 232 and Section
233 or by the pronouncement of the judgment by which the court approved the agreement on guilt and punishment.
Section 356
Validity and Enforceability of the Criminal Warrant
A criminal warrant shall become final and, unless this Act provides otherwise, enforceable
a) by the expiry of the period for the submission of the protest, if a protest was not filed,
b) on the date of its withdrawal, if the protest was withdrawn,
c) on the date of the waiver of the right to file a protest, if the entitled person waived their right to file a protest and the accused
simultaneously declared that they disagree with the submission of a protest in their favour by another person.
Section 357
Correction of the Criminal Warrant and its Effects
The provisions of Section 174 shall apply to the correction of the preparation and copy of the criminal warrant
accordingly; the provisions of Section 175 shall apply to the effects of the correction accordingly.
Division V
Proceedings against a Fugitive
Section 358
(1) Proceedings under the provisions of this Division may be performed against those who evade criminal
proceedings by staying abroad or hiding (hereinafter referred to as “fugitive”).
(2) These proceedings may not be applied against a juvenile if, at the time of the proceedings, such were not nineteen
years of age.
Section 359
The accused must always have a defence counsel in proceedings against the fugitive. They have the same rights as
the accused.
Section 360
Proceedings before the court shall be performed under the provisions of this Division upon the petition of the public
prosecutor who may file it in an indictment or even without such petition on the basis of the measure by the presiding judge.
Section 361
(1) All documents intended for the accused shall only be served to the defence counsel.
(2) The summons to the main trial and the public hearing shall also be published in an appropriate manner. The main
trial or the public hearing shall then be performed in the absence of the accused, regardless of whether the accused knows
about it.
Section 362
(1) The convicted person in proceedings under this Division has the right to file a petition for a repeated hearing of the
matter by the court in their presence if the terms under Section 358 Subsection 1 were not met, until the expiry of the period of
six months from the date when they learnt about the criminal prosecution or conviction, however, no later than within the period
of limitation set out in the Penal Code.
(2) If the court ascertains that the terms have been fulfilled under Subsection 1, it shall revoke the earlier decision and
continue in the proceedings on the basis of the original indictment; otherwise the petition shall be refused.
(3) A complaint against the resolution under Subsection 2 is admissible.
Division VI
Proceedings on the Petition for the Confiscation of a Monetary Sum or Assets
Section 362a
(1) If the public prosecutor submits a petition for the imposition of the measure of confiscation of a monetary sum or
assets separately, a single judge shall examine it and if necessary, proceed under Section 241 Subsection 1 Paragraph f)
accordingly.
(2) If the single judge did not refuse the petition under Subsection 1, they shall hear it in a public hearing.
(3) The public prosecutor may withdraw the petition under Subsection 1 until the commencement of the public
hearing. The single judge shall take the withdrawal of the petition, provided there are no obstacles, into account by a resolution.
(4) The public prosecutor may waive the petition under Subsection 1 at the public hearing; in such case the single
judge shall refuse the petition.
(5) The single judge is not bound by the petition of the public prosecutor to the extent under Section 289 Subsection
1; if the protective measure of the confiscation of a monetary sum is imposed it shall proceed under Section 289 Subsection 5.
(6) A complaint against the resolution, by which the single judge decided on the petition of the public prosecutor under
Subsection 1, is admissible. The complaint has a suspensive effect. If a protective measure was imposed, the final resolution
becomes enforceable under Section 289 Subsection 5.
Division VII
Proceedings after the Revocation of the Decision by the Findings of the Constitutional Court
Section 362b
(1) After the findings of the Constitutional Court have been served, by which a decision of the law enforcement
authority or the court, or its part, was revoked, the law enforcement authority or the court shall continue at the stage of the
criminal proceedings which immediately preceded the issuance of the revoked decision, unless the Act or the findings of the
Constitutional Court stipulate otherwise. The law enforcement authority or the court the decision of which was revoked is bound
by the legal opinion pronounced in the matter by the Constitutional Court.
(2) The provision of Subsection 1 shall apply accordingly if the findings of the Constitutional Court prohibit the law
enforcement authority or the court from continuing to violate the fundamental rights and freedoms guaranteed by the
Constitution and ordered them to, if possible, renew the status before their violation.
Section 362c
If the decision of the law enforcement authority or the court was revoked by the findings of the Constitutional Court
only in favour of the accused,
a) the time from the validity of the original decision in the matter itself until the findings of the Constitutional Court are served
shall not be included in the limitation period,
b) any change in the decision to the detriment of the accused may not occur in the new proceedings; if it is in regards to another
decision, Section 195 shall apply accordingly,
c) their death or their presumption of death shall not prevent any further proceedings and the criminal prosecution may not be
terminated because the accused died or was declared dead.
Section 362d
If the findings of the Constitutional Court revoke a judgment, provided it is only in regards to some of the criminal
offences for which a cumulative or multiple punishment was finally imposed, the competent court shall determine the
appropriate punishment for the remaining criminal offences by a judgment at a public hearing immediately after such findings
have been served.
Section 362e
(1) If the accused is serving a prison sentence imposed by a judgment, the competent court shall decide on custody
under Section 71 and 72 without undue delay after the findings of the Constitutional Court have been served by which the
statement on such punishment was revoked.
(2) If another decision that was revoked by the findings of the Constitutional Court is being implemented, the
competent law enforcement authority or the court shall, after the findings of the Constitutional Court have been served, decide
on the termination or suspension of its implementation or enforce another appropriate measure, unless the Act or the findings of
the Constitutional Court stipulate otherwise.
CHAPTER EIGHT
EXTRAORDINARY APPEAL
Division I
Revocation of the Final Decisions in the Preliminary Hearing
Section 363
(1) The Attorney General shall revoke the final decision of the public prosecutor or police officer if such a decision or
the proceedings which preceded it violated the law. A violation of the law means a significant error which could affect the
outcome of the decision on the matter.
(2) If the decision or proceedings under Subsection 1 concerns several persons or acts, the Attorney General may
revoke only such part of the decision or proceeding relating to any of those persons or acts.
(3) In the proceedings under Subsection 1, the Attorney General shall decide by a resolution, against which there is
no appeal admissible.
Section 364
(1) The petition for the procedure under Section 363 Subsection 1 may be submitted within three months from the
date the contested decision became final, by
a) the accused in their favour,
b) persons who can file an appeal in favour of the accused,
c) the victim, to the detriment of the accused,
d) the party to an action.
(2) The Attorney General may also decide under Section 363 Subsection 1 without the petition under Subsection 1,
even in favour or to the detriment of the accused, while they are not bound by the petition submitted under Subsection 1.
(3) The Attorney General may, if they decide without the petition under Subsection 1, revoke the decision under
Section 363 Subsection 1 within three months from the date the contested decision became final; if they decide on the basis of
the petition under Subsection 1, they may revoke the decision under Section 363 Subsection 1 within six months from the date
the contested decision became final.
Section 365
(1) If the Attorney General, after the examination of the matter on the basis of the petition of the entitled person
referred to in Section 364 Subsection 1, fails to find the reasons for the revocation of the contested decision or if the deadline
referred to in Section 364 Subsection 1 or 3 expired, they shall notify the person who submitted such petition.
(2) If the petition was submitted by an unauthorised person, the Attorney General is not obliged to act; they shall notify
such person about it.
Section 366
(1) If the Attorney General ascertains that the law was violated, they shall state by a resolution that the law was
violated in favour or to the detriment of the accused by the contested decision or any part thereof, or in the proceedings which
preceded the decision.
(2) If the law was violated, the Attorney General shall simultaneously by a statement under Subsection 1, revoke the
contested decision or any part thereof, or even a faulty proceeding which preceded it. If only one of the statements is illegal and
if it may be separated from the others, only such statement shall be revoked. They shall also revoke other decisions of the
police officer and the public prosecutor that follow the contents of the revoked decision, if the change that occurred by the
revocation lost its basis.
Section 367
(1) After the revocation of the contested decision or any part thereof, the Attorney General
a) shall decide in the matter themselves, or
b) order an authority whose decision it usually concerns to act and decide on the matter again.
(2) If the violation of the law has its basis only in the fact that in the contested decision any of the statements is
missing or is incomplete, the Attorney General may, even without the revocation of the decision, order the authority whose
decision it concerns to decide on the missing statement or to add the incomplete statement.
(3) The authority, to which the matter was ordered, is obliged to perform the acts which were ordered by the Attorney
General, and they are bound by their legal opinion which they stated in the matter except if the factual or legal circumstances
that the opinion of the Attorney General is based on changed.
Division II
Appellate Review
Section 368
Heading repealed by 1 September 2011
(1) An appellate review may be filed against a final decision of the court by which the law was violated or if the
provisions of a procedure which preceded it were violated, if such violation is the reason for an appellate review under Section
371.
(2) Unless this Act stipulates otherwise, the decision under Subsection 1 shall mean
a) a judgment and a criminal warrant,
b) a resolution on the referral of the matter, with the exception of a resolution on the referral of the matter to another court,
c) a resolution on the termination of the criminal prosecution,
d) a resolution on the conditional suspension of the criminal prosecution,
e) a resolution on the conditional suspension of the criminal prosecution of the cooperating accused,
f) a resolution on the approval of the settlement and termination of the criminal prosecution,
g) a decision on the imposition of a protective measure,
h) a decision by which an appeal filed against a decision under Paragraphs a) through g) was refused or a decision by which the
court of appeals decided in the matter alone on the basis of an appeal.
(3) The death of the accused or the accused’s presumption of death does not prevent the implementation of the
appellate review procedure, if the appellate review is to be or was submitted in favour of the accused. If such appellate review
was submitted by a person referred to in Section 369 Subsection 5, the written consent of the accused in not required. If the
contested decision is revoked in the appellate review procedure, the death of the accused or their presumption of death does
not prevent any further proceedings and the criminal prosecution may not be terminated because the accused has died or was
declared dead.
(4) An appellate review does not have a suspensive effect.
Section 369
Entitled Persons
(1) The Minister of Justice shall file an appellate review for the reasons referred to in Section 371 only upon a
suggestion. The suggestion may be filed by a person whom the right to file an appellate review is not granted by this Act, with
the exception of a person who does not fulfil the condition of the appellate review referred to in Section 372 Subsection 1.
(2) An appellate review may be filed against the final decision of the court of second instance for the reasons referred
to in Section 371 Subsection 1 by
a) the Attorney General against any of the statements,
b) the accused in their favour against the statement that directly concerns them.
(3) A person entitled to file an appellate review against any of the statements of the contested decision may also file
an appellate review because such statement was not made.
(4) If the decision referred to in Section 368 Subsection 1 concerns several persons, the appellate review may be filed
only against such part of the decision that concerns some of these persons.
(5) An appellate review may be filed in favour of the accused, with their express written consent, also by their direct
relative, their sibling, adoptive parent, adopted child, spouse or partner. If the accused is a juvenile, a person who is denied their
legal capacity, or a person whose legal capacity is restricted, then the legal representative or the defence counsel of the
accused may file an appellate review in favour of the accused against their will.
(6) If the suggestion under Subsection 1 was filed by a person whom this Act does not grant the right to file it, the
Minister of Justice shall not act on such suggestion; this fact shall be notified to those who filed the suggestion.
Section 370
Deadline and Place of Submission
(1) If the appellate review is filed to the detriment of the accused, it may be filed within six months after the decision of
the court has been served to the public prosecutor. If the appellate review is filed in favour of the accused, it may be filed within
three years after the decision has been served to the accused; if a decision is served to the accused as well as to their defence
counsel or legal representative, the deadline shall run from the serving that was performed last.
(2) The Minister of Justice’s deadline shall run from the serving that was performed last.
(3) The appellate review shall be filed at the court which decided in the first instance.
Section 371
Reasons for an Appellate Review
(1) An appellate review may be filed, if
a) a court without jurisdiction decided in the matter,
b) the court decided in an illegal composition,
c) the right to a defence counsel was violated in a significant manner,
d) the main trial or the public hearing was performed in the absence of the accused, although the statutory requirements were
not met for such a case,
e) the matter was acted on and decided by a law enforcement authority, the judge or an associate, who was supposed to be
excluded from the performance of the acts of the criminal proceedings,
f) the criminal prosecution was performed without the consent of the victim, although their consent is legally required,
g) the decision is based on evidence, which was not lawfully performed by the court,
h) the punishment was imposed outside the legally stipulated criminal penalty or such type of punishment was imposed, which
is not admissible by law for the heard criminal offence,
i) the decision is based on an incorrect legal assessment of the found act or on the incorrect application of other substantive
provision; the correctness and completeness of the found act may however, not be examined or changed by the court of
appellate review,
j) a protective measure was imposed, although the statutory requirements were not met for such action,
k) a criminal prosecution was conducted against the accused, despite its being inadmissible,
l) the court of appeals dismissed the appeal under Section 316 Subsection 1, although the statutory requirements were not met
for such action, or it took the withdrawal of the appeal by the defence counsel or the person referred to in Section 308
Subsection 2 into account, despite the fact the accused did not give their express consent for the withdrawal of such appeal,
m) prior to the submission of an indictment, the Attorney General revoked the final decision of the public prosecutor after the
deadline referred to in Section 364 Subsection 3,
n) a life prison sentence was imposed upon the accused and the court decided that their conditional release from serving a
prison sentence was not admissible.
(2) The Minister of Justice shall file an appellate review, in addition to the reasons referred to in Subsection 1, even if
the contested decision violated a provision of the Code of Criminal Procedure or a special regulation on custody, the Penal
Code or the Code of Criminal Procedure on the conditional release of the convicted from serving a prison sentence, on the
execution of punishment the execution of which was conditionally deferred, on the execution of the remaining term of the
punishment after the conditional release or on the execution of the substitute punishment by a prison sentence which was
imposed alongside a monetary penalty.
(3) The Minister of Justice shall also file an appellate review against a final decision arising from the merits which,
based on the performed evidence, were incorrectly determined in important aspects, or if the provisions to ensure clarification of
the matter were grossly violated during the determination of the merits.
(4) The reasons under Subsection 1 Paragraphs a) through g) may not apply if the circumstances were already
known in the original proceedings by the person who filed the appellate review, and they did not object against them at the latest
in the proceedings before the court of appeals; this shall not apply if the appellate review is being filed by the Minister of Justice.
The suggestion under Subsection 3 may not be applied to the filing of the appellate review if it was filed by persons referred to
in Section 369 Subsection 2 or 5, where the contested circumstances were known to such persons already in the original
proceedings and they were not contested at the latest in the proceedings before the court of appeals.
(5) The reasons under Subsection 1 Paragraph i) and under Subsection 3 shall not apply if the ascertained violation
of the law did not significantly affect the position of the accused.
(6) An appellate review to the detriment of the accused may not be filed only on the basis that the court proceeded
under Section 391 Subsection 2 or Section 405 Paragraph b).
(7) An appellate review against the justification of the decision only is not admissible.
Heading repealed by 1 September 2011
Section 372
(1) Entitled persons, with the exception of the Minister of Justice, may file an appellate review only if they exercise
their statutory right to file a proper appeal, and a decision was made on it. The accused and the persons referred to in Section
369 Subsection 5 may file an appellate review even if a proper appeal was submitted by the public prosecutor, or the victim and
the court of appeals decided to the detriment of the accused. The Attorney General may file an appellate review even if an
appeal was filed by the accused and the court of appeals decided in favour of the accused.
(2) Those whose appellate review was refused may not file another appellate review in the same matter; the accused
and persons referred to in Section 369 Subsection 5 may not file an appellate review even if an appellate review filed in favour
of the accused has already been refused.
Section 373
(1) The accused, or the persons referred to in Section 369 Subsection 5, may file an appellate review only through the
defence counsel.
(2) The accused must be represented by a defence counsel in the proceedings on an appellate review.
(3) If the accused or persons referred to in Section 369 Subsection 5 filed an appellate review other than through a
defence counsel, the court which decided in the matter in the first instance shall instruct the appellant under Subsection 1 and 2
and the following sentence and determine an appropriate deadline for the elimination of such defect, whereby if such deadline
expires to no effect, the matter shall be submitted for further proceedings to the court of appellate review. If, however, the
accused demonstrates that they do not have the resources sufficient for reimbursing the costs of the defence within the deadline
under the preceding sentence, the presiding judge of the court which decided in the matter in the first instance shall appoint a
defence counsel for them.
(4) If the court of appellate review finds that the appellant is not represented by a defence counsel after submission of
the appellate review, it shall instruct the appellant under Subsection 2 and determine an appropriate deadline for the elimination
of such defect. If such deadline expires to no effect, it shall decide under Section 382 Paragraph d).
(5) If the Minister of Justice or the Attorney General files an appellate review, together with the serving of a copy of the
appellate review to the entitled person, the court referred to in Subsection 3 shall call upon such person to select their defence
counsel and it shall determine for this an appropriate deadline. If such deadline expires to no effect, the presiding judge of the
court which decided in the matter in the first instance shall appoint a defence counsel for them.
Section 374
Contents of an Appellate Review
(1) An appellate review, during its submission, must be justified so it is clear which part of the decision is being
contested and what errors are being objected to in the decision or the proceedings that preceded the decision.
(2) The appellate review must state the reason for the appellate review under Section 371.
(3) Proceedings in the court of the first instance may be applied as the reason for an appellate review, if the objected
errors were not corrected in the proceedings on a proper appeal.
Section 375
Withdrawal of an Appellate Review
(1) A person who filed an appellate review may withdraw it by an express declaration until the court of appellate
review adjourns for final deliberation.
(2) An appellate review filed in favour of the accused and with their consent may be withdrawn by the other entitled
person only with the express written consent of the accused. If the appellate review filed by an entitled person in favour of the
accused is done against their will, then their express written consent is not necessary for its withdrawal.
(3) The presiding judge of the court of appellate review shall take the withdrawal of the appellate review into account,
and the presiding judge of the court of the first instance may do so if the matter has not been submitted to the court.
Section 376
Proceedings before the Court of the First Instance
The presiding judge of the court of the first instance shall serve a copy of the appellate review to other parties that
could be directly affected by the decision with a warning that they may comment on the appellate review, which the presiding
judge shall set a reasonable deadline for, but not exceeding 30 days; a copy of the appellate review filed by the Minister of
Justice must also be served to the Attorney General. As soon as the deadline set out for comments on the appellate review for
all parties has expired, they shall submit the files to the court of appellate review; comments of entitled persons served later
shall be sent to the court of appellate review without undue delay.
Section 377
Court of Appellate Review
The Supreme Court shall decide on an appellate review.
Preliminary Examination of an Appellate Review
Section 378
An appellate review and the submitted files shall be preliminary examined by the presiding judge of the court of
appellate review.
Section 379
(1) If the submission is not complete or it has other removable errors, the presiding judge shall call upon the person
entitled to file an appellate review or the defence counsel of the accused to remove such errors. The presiding judge shall also
specify a reasonable deadline for their removal. The provisions of Section 311 Subsection 3 shall apply accordingly.
(2) If it is necessary to clarify any circumstance for the decision, the presiding judge or the member of the court of
appellate review designated by them, or upon their request another law enforcement authority, shall perform the necessary
investigation. The provisions of Chapter Six of Part One shall apply to such investigation. In urgent cases, urgent or nonrecurring actions, the means referred to in Chapter Four of Part One of this Act may be used for the provision of evidence based
on the decision of the presiding judge of the court of appellate review.
Section 380
Custody and Suspension of the Execution of Punishment
(1) If the Minister of Justice or the Attorney General petition, together with the appellate review filed to the detriment of
the accused, for the detention of the accused by issuing a warrant for their arrest and remand them in custody, the court of
appellate review shall take the accused into custody, provided the reason for custody under Section 71 was given and if it is
necessary given the seriousness of the criminal offence and the urgency of the reasons of custody.
(2) If the accused serves a prison sentence imposed upon them by the original judgment, and the court of appellate
review revokes the statement on such punishment upon the appellate review, they shall simultaneously decide on custody.
(3) The term of custody under Subsection 1 or 2 shall be assessed separately and independently from the custody in
the original proceedings.
(4) The Minister of Justice or the Attorney General may defer or suspend the enforcement of the decision, against
which they filed an appellate review, until the final decision. The court of appellate review may do the same after the submission
of an appellate review.
Section 381
Procedure at a Closed Hearing
The presiding judge of the court of appellate review shall order a closed hearing where the presiding judge or a
member of the court authorised by them shall read the report on the state of the matter that focuses on the issues that need to
be addressed, including the outcomes of the possible procedure of the proceedings under Section 379.
Decision of an Appellate Review at the Closed Hearing
Section 382
The court of appellate review shall refuse the appellate review by a resolution and without the examination of the
matter at the closed hearing, if
a) it was filed late,
b) it was filed by an unauthorised person,
c) it is clear that the reasons for the submission of an appellate review under Section 371 have not been met,
d) the terms of an appellate review under Section 372 or Section 373 or the procedure under Section 379 Subsection 1 have not
been met,
e) the appellate review does not include the necessary requirements referred to in Section 374 Subsection 1 or 2, even after the
procedure under Section 379 Subsection 1,
f) it was filed against a decision against which an appellate review is not admissible.
Section 382a
The court of appellate review may also decide on the appellate review at a closed hearing if it finds that the reasons
for an appellate review filed in favour of the accused have been clearly demonstrated and it is obvious that the contested
defects will result in the procedure under Section 386 and Section 388 Subsection 1.
Section 383
If the court of appellate review ascertained that the reasons for an appellate review referred to in the petition have
been given or they were preliminary found by the court in favour of the accused and the terms for its submission have been met,
the date of the public hearing shall be set.
Procedure for the Decision at the Public Hearing
Section 384
(1) The court shall review the legality and justification of the statements of the contested decision against which the
appellant filed an appellate review in the public hearing, as well as the correctness of the proceedings which preceded the
decision, focusing on the reasons of the appellate review under Section 371 and Section 374 as stated in the appellate review.
(2) If the part of the decision contested by the appellate review concerns only one of several persons, who were
decided on by the same decision, the court of appellate review shall examine only such part of the decision and the preceding
proceedings concerned such person under Subsection 1.
Section 385
(1) The court of appellate review is bound by the reasons of the appellate review stated therein.
(2) The court of appellate review shall not apply the provisions of Subsection 1 if the reasons for an appellate review
were to the detriment of the accused, and the appellate review is submitted in favour of the accused.
Section 386
(1) If the court of appellate review ascertained reasons for an appellate review under Section 371, it shall pronounce
the violation of the law in the relevant provisions, on which this reason rests, by a judgment.
(2) At the same time as the statement referred to in Subsection 1, the court of appellate review shall revoke the
contested decision or any part thereof, or even a wrong proceeding that preceded the contested decision. After the revocation of
the decision of the court of appeals, it shall also revoke the preceding decision of the court of the first instance. If only one of the
statements of the contested decision is illegal or the decisions of the court of the first instance are illegal, and if it may be
separated from others, the court of appellate review shall only revoke such statement. However, if it revokes the statement on
guilt only in part, the entire statement on punishment shall also be revoked as well as other statements that have their basis in
the statement of guilt. They shall also revoke other decisions that follow the contents of the revoked decision, if given the
change that occurred due to the revocation, it lost its basis.
Section 387
If only one of the statements is missing or is incomplete in the contested decision, the court of appellate review may,
without giving a statement under Section 386 Subsection 1 and the revocation of the decision under Section 386 Subsection 2,
order the court, whose decision it is, by a resolution decide on the missing statement or complete the missing statement.
Section 388
(1) The court of appellate review shall usually order the court, whose decision it concerns, to hear the matter to the
necessary extent and decide on it, after the revocation of the contested decision or any of the statements.
(2) If the court of appellate review orders the matter to the court under Subsection 1 for a new hearing and decision, it
may simultaneously order that the court decides in another composition of the court or that another judge decides it. The matter
may also be ordered for a hearing and decision by another court of the same type and instance for important reasons.
Section 389
(1) The court of appellate review may, after the decision under Section 386 Subsection 1 and 2, return the case to the
preliminary hearing if the return of the matter was requested by the Attorney General.
(2) The court of appellate review shall not apply the provisions of Subsection 1 if it acts on an appellate review filed in
favour of the accused, and the return of the matter to a preliminary hearing was to the detriment of the accused.
Section 390
If the notification of a public hearing may not be served to the person who may be directly affected by the decision on
an appellate review, it is sufficient to notify their defence counsel or proxy.
Section 391
(1) The authority to which the matter was ordered is bound by the legal opinion that the court of appellate review
made on the matter, and it is obligated to perform acts that were ordered by the court of appellate review.
(2) If the contested decision was revoked only due to the appellate review filed in favour of the accused, it may not be
changed to their detriment in the decision of the new proceedings.
Section 392
(1) If the court of appellate review finds that the reasons for an appellate review are not proven, the appellate review
shall be refused.
(2) An appeal against the decision on an appellate review is not admissible.
Division III
Retrial
Section 393
General Provisions
(1) If the criminal prosecution against a specific person was completed by a final judgment, final criminal warrant, or a
final resolution, it may be continued in the criminal prosecution of the same person for the same act only if the retrial was
permitted.
(2) Before the permission of the retrial, it is possible to perform acts for the provision of the evidence or for the
provision of the accused only within the scope of the provisions of this Division.
Terms of the Retrial
Section 394
(1) A retrial that was completed by a final judgment or a final criminal warrant is permitted if facts or evidence
previously unknown to the court are revealed, which could alone or in conjunction with other facts and evidence previously
known justify another decision on guilt or, in respect of which, the originally imposed punishment would be clearly
disproportionate to the severity of the act or the circumstances of the offender, or the imposed type of punishment would be
clearly contrary to the purpose of the punishment or, in respect of which, a waiver of punishment or a waiver from the imposition
of a multiple punishment would be clearly disproportionate to the severity of the act or the circumstances of the offender, or it
would be clearly contrary to its purpose.
(2) A retrial that was completed by a final resolution of the court on the termination of the criminal prosecution,
conditional suspension of the criminal prosecution, or a conditional suspension of the criminal prosecution of the cooperating
accused shall be permitted if facts or evidence previously unknown to the court are revealed, which alone or in conjunction with
facts and evidence previously known, could lead to the conclusion that the reasons for the termination or conditional suspension
did not exist and that it is appropriate to continue in the proceedings on an indictment.
(3) A retrial that was completed by a final resolution from the public prosecutor on the termination of the criminal
prosecution, a final resolution of the public prosecutor on the conditional suspension of the criminal prosecution, or a conditional
suspension of the criminal prosecution of the cooperating accused, shall be permitted if facts or evidence previously unknown to
the public prosecutor are revealed, which alone or in conjunction with facts and evidence previously known could lead to the
conclusion that the reasons for the termination or conditional suspension did not exist, and that it is appropriate to file an
indictment against the accused or to act on an agreement.
(4) The facts previously unknown under Subsection 1 through 3 is also the decision of the European Court for Human
Rights, according to which, the fundamental human rights or freedoms of the accused were violated by the decision of the public
prosecutor or the court of the Slovak Republic or in the proceedings that preceded it, if the negative consequences of such
decision cannot be otherwise rectified.
(5) A retrial that was completed in any of the manners referred to in the preceding Subsections shall be permitted
even if the final judgment reveals that the police officer or the public prosecutor, judge or an associate committed a criminal
offence by violating obligations in the original proceeding.
Section 395
A retrial to the detriment of the accused shall be excluded, if
a) the criminality of the act expired,
b) an amnesty from the President of the Slovak Republic applies to the punishment,
c) the accused died or was declared dead.
Section 396
Persons Entitled to File a Petition for Retrial and Withdrawal of the Petition
(1) A retrial may be permitted only upon the petition of an entitled person.
(2) A petition for the permission of the retrial to the detriment of the accused may only be filed by the public
prosecutor.
(3) A petition for the permission of the retrial in favour of the accused may be filed by the accused and also by
persons who can file an appeal in their favour. If they can also do so against the will of the accused, they may also file a petition
for the permission of a retrial against their will. Such petition may also be filed after the death of the accused.
(4) If the court or another public authority learns about any of the circumstances that could justify the petition for the
permission of the retrial, it is obliged to notify the public prosecutor. If it is a circumstance that could justify the petition for the
permission of the retrial in favour of the accused, the public prosecutor is obliged to notify the accused of it without undue delay
or, if it is not possible, also another person entitled to file a petition if the accused does not file such petition themselves.
(5) A person who filed a petition for the retrial may withdraw it by an express declaration until the court, which acts in
the matter, adjourns for the final deliberation.
(6) A petition for the retrial filed by the public prosecutor may also be withdrawn by the superior public prosecutor.
(7) A petition for the retrial filed in favour of the accused by another entitled person, or by the defence counsel on
behalf of the accused, may be withdrawn only with the express consent of the accused.
(8) A withdrawal of the petition for the retrial shall, if there are no obstacles, be taken into account by the presiding
judge of the court, which acts in the matter, by a resolution.
Section 397
Competency of the Court for a Decision on Retrial
(1) The court who had the jurisdiction to act on the indictment shall decide on the petition for the permission of the
retrial, which was completed by a final resolution from the public prosecutor on the termination of the criminal prosecution,
conditional suspension of the criminal prosecution, or the conditional suspension of the criminal prosecution of the cooperating
accused.
(2) Another single judge or another court that decided in the matter in the first instance shall decide on the petition for
the permission of the retrial, which was completed by the final decision of the court.
Proceedings on the Petition for the Permission of the Retrial
Section 398
(1) If any of the circumstances need to be clarified in advance in order to verify the justification of the decision on the
petition for the permission of the retrial, the presiding judge or, upon their request, any other law enforcement authority shall
perform the necessary investigation. The provisions of Chapter Six of Part One on evidence shall apply to such investigation.
(2) In particularly urgent cases, the means referred to in Chapter Four of Part One may also apply to the provision of
the evidence on the basis of the resolution of the presiding judge. The detention of the accused by issuing an arrest warrant and
remand in custody may however be performed before the permission of the retrial only when such is petitioned by the public
prosecutor submitting the petition for the retrial to the detriment of the accused, and when the court deems such necessary,
given the nature of the new facts and evidence revealed and the severity of the criminal offence or the urgency of the custodial
reasons.
(3) If the petition for the permission of the retrial was filed in favour of the accused, the court may, given the nature of
the new facts and evidence revealed, defer or suspend the execution of punishment that was finally imposed in the original
proceedings.
Section 399
(1) The court shall refuse the permission for the retrial, if
a) it was filed by an unauthorised person,
b) it is only directed against the decision or a statement, in respect of which the retrial is not admissible,
c) if the retrial is excluded under Section 395.
(2) The court shall refuse the petition for the permission of the retrial if it fails to find the terms of the retrial under
Section 394.
Section 400
(1) If the court granted the petition for the permission of the retrial, it shall revoke the contested decision entirely or in
any part where the petition is justified. If it revokes the statement on guilt only in part, the entire statement on punishment shall
also be revoked as well as other statements that have their basis in the statement of guilt. They shall also revoke other
decisions that follow the contents of the revoked decision, if given the change that occurred due to the revocation it lost its
basis.
(2) If the court permits the retrial of the proceedings that was completed by a final resolution of the court on the
termination of the criminal prosecution, a final resolution of the court on the conditional suspension of the criminal prosecution, a
final resolution of the court on the conditional suspension of the criminal prosecution of the cooperating accused, or if it permits
a retrial on guilt that was completed by a final judgment, it may simultaneously with the termination of the decision, return the
matter to the public prosecutor into the preliminary hearing if it deems such necessary to clarify the matter and to complete the
evidence before the court that was associated with disproportionate difficulties.
Section 401
If the court permits a retrial in favour of the accused for reasons that are also in favour of another co-defendant or
party to an action, it shall simultaneously permit a retrial in their favour.
Section 402
(1) The court shall decide on the petition of the permission of the retrial at a public hearing.
(2) It may refuse the petition for the reasons referred to in Section 399 Subsection 1, also in the closed hearing. For
the reasons referred to in Section 399 Subsection 2, it may refuse the petition at the closed hearing only in cases where the
petition states the same facts and evidence, which were previously finally dismissed, and the newly submitted petition is only a
repetition of it.
(3) A complaint against the resolution on the petition for the permission of the retrial, which has a suspensive effect, is
admissible.
Proceedings after the Permission of Retrial
Section 403
If the accused is serving a prison sentence imposed upon them in the original judgment, the court shall decide on
custody without undue delay after the effective date of the resolution by which they revoked the statement on such punishment
together with the permission of the retrial.
Section 404
(1) If the retrial was finally permitted, which was completed by a final resolution from the public prosecutor on the
termination of the criminal prosecution, conditional suspension of the criminal prosecution or the conditional suspension of the
criminal prosecution of the cooperating accused, it shall continue the preliminary hearing.
(2) In other cases, the court shall continue after the final permission of the retrial on the basis of the original
indictment, unless it was pronounced that the matter shall be returned to the public prosecutor into the preliminary hearing. If the
court revokes the final judgment, which was pronounced on the basis of the proceedings on an agreement on guilt and
punishment, the matter shall always be returned to the public prosecutor into the preliminary hearing.
(3) If the retrial was granted and it is about a certain criminal offence, for which a cumulative or multiple punishment
was finally imposed and the court returned the matter to the public prosecutor into the preliminary hearing, it shall determine,
after the effective date of the resolution permitting the retrial at the public hearing, an appropriate punishment for the remaining
criminal offences by a judgment.
Section 405
If a retrial was permitted only in favour of the accused,
a) the period since the validity of the original judgment until the validity of the resolution permitting the retrial shall not be
included in the limitation period,
b) the new judgment may not impose a more severe punishment than the one imposed by the original judgment,
c) if their death does not prevent the execution of further proceedings and the criminal prosecution cannot be terminated
because the accused died.
Section 405a
(1) A retrial that was completed by a final decision of the court in the proceedings on the petition of the public
prosecutor to impose a protective measure of confiscation of a monetary sum or assets under Section 236 Subsection 1 shall
be granted, if facts or evidence of the court previously unknown are revealed which, alone or in conjunction with the facts or
evidence previously known, could justify other decisions on the protective measures; this shall not apply if they could only justify
the increase of the confiscated monetary sum. The provisions of this Division shall apply to the proceedings on the petition for
the permission of the retrial after the permission of this retrial, unless the provisions of Subsection 2 and 3 stipulate otherwise.
(2) A petition for the permission of the retrial to the detriment of the party to an action may only be filed by the public
prosecutor. The public prosecutor, party to an action or their legal representative may file a petition for the permission of the
retrial in favour of the party to an action. The petition may not be submitted and if it has already been submitted the court shall
refuse it, provided that the party to an action expired without a legal successor.
(3) A petition for the permission of a retrial to the detriment of the party to an action may not be filed and it if was filed
it shall be refused by the court if, since the last decision of the original proceedings until the submission of the petition for the
permission of the retrial, the period has lapsed, which corresponds to the limitation period set out for the criminal offence
referred to in Section 83a Subsection 1 or Section 83b Subsection 1 of the Penal Code, in relation to which the protective
measure was imposed or the petition for its imposition was filed in the original proceeding; the court shall proceed similarly if the
petition for a retrial was filed to the detriment of the party to an action and the facts and evidence stated in it can only justify an
increase of the confiscated monetary sum.
PART FOUR
ENFORCEMENT PROCEEDINGS
CHAPTER ONE
EXECUTION OF PUNISHMENTS
Division I
General Provisions
Section 406
Jurisdiction in Enforcement Proceedings
(1) A decision shall be enforced or its enforcement shall be ensured by the authority that issued the decision. The
public prosecutor may authorise the assistant prosecutor in the preliminary hearing with the enforcement of the decision or to
ensure its enforcement. In proceedings before the court, the decision of the court shall be enforced or its enforcement ensured
by the presiding judge, who may authorise a high court clerk for it.
(2) Decisions relating to the execution of punishments and protective measures shall be performed, unless it is further
stipulated otherwise, by the court who decided in the matter in the first instance.
(3) The presiding judge of the court which decided the matter in first instance shall take measures necessary for the
enforcement of punishments and protective measures and to enforce the costs of the criminal proceedings, unless it is further
stipulated otherwise.
(4) The public administration authorities, municipalities and public interest groups shall also participate in the
enforcement proceedings, depending on the nature of the enforcement proceedings.
Division II
Serving a Prison Sentence
Section 407
General Provisions on Serving a Prison Sentence
(1) The method of serving a prison sentence shall be governed by a special Act.
(2) For persons who are serving a prison sentence, the decision relating to the serving of such sentence shall be
made by the court in whose jurisdiction the prison sentence is being served.
(3) If different methods of serving a sentence are set out for gradually imposed prison sentences, the court in whose
jurisdiction the prison sentence is being served, shall set a common method for the serving of the sentences.
(4) The director of the penitentiary in which the convicted person is serving their prison sentence is obligated to file a
petition for a decision of the court under Subsection 3 immediately after they learn of the gradually imposed prison sentences
with different methods for the serving of such sentences. The court shall decide on the petition no later than within 60 days of its
serving.
Section 408
Order for Execution of Punishment
(1) As soon as the decision, under which the prison sentence is to be served, becomes enforceable, the presiding
judge of the competent court of the first instance, or of the court of appeals, shall immediately issue a warrant for the arrest of
the convicted person for the purpose of their presentation for the serving of a prison sentence, and concurrently order the
serving of a prison sentence and the presentation of the convicted person for serving a prison sentence, if
a) they are in custody,
b) they were imposed a prison sentence exceeding two years,
c) there is a concern that they will flee or hide in order to evade serving a sentence.
(2) In the cases not referred to in Subsection 1, as soon as the decision, based on which the unconditional prison
sentence was to be served, becomes enforceable, the presiding judge shall send an order for the serving of the sentence to the
relevant prison and call upon the convicted person if they are at liberty, to request them to start serving a sentence. If it is a
pregnant woman or a mother of a newborn child younger than one year, the court shall proceed under Section 409 Subsection
3.
(3) If there is no concern that the convicted person who is at liberty could flee or hide, the presiding judge may grant
them a reasonable deadline to start serving a sentence so that they can arrange their affairs. This deadline may not be longer
than one month from the date when the decision referred to in Subsection 1 became final.
(4) If the convicted person fails to start serving their sentence within the deadline that was granted, or if there is a
concern that they will flee or hide, the presiding judge shall order that they are presented for the serving of such sentence. If the
place of residence of the convicted person is unknown, the provisions of Section 73 Subsection 3 shall apply to the order for
their presentation for the serving of the sentence accordingly. If the place of residence of the convicted is known, the provisions
of Section 103 Subsection 2 shall apply to their presentation for the serving of the sentence.
(5) In cases under Section 46 Subsection 8 and 9 and Section 139, the presiding judge shall send all the necessary
information on the victim or witness along with the order for the serving of the prison sentence to the competent facility. The
competent facility is obliged to inform such victim and witness on the release or escape of the convicted person from serving a
prison sentence. If the victim or the witness filed a request under Section 46 Subsection 8 and 9 or Section 139 and the
convicted is already serving a prison sentence, the court shall send the information on the victim and witness to the competent
facility, where the convicted is serving their prison sentence without undue delay. The competent facility is obligated to inform
the victim or witness on the release of the convicted person from serving a prison sentence or their escape from serving a
prison sentence in an appropriate manner, but no later than on the day when such fact occurred.
Deferral of the Execution of Punishment
Section 409
(1) If the convicted person becomes ill before the onset of the serving of the prison sentence with such a serious
illness that they are temporarily unable to start serving the prison sentence as they are in institutional medical care, the court
shall send a request for the deferral of the serving of the prison sentence, together with the medical report on their health no
older than 30 days; it is obligated to state the address of the facility that provides them with the medical care in the request. If
the request does not include the stated requirements, the presiding judge shall call upon the convicted person to complete the
request within a 10 day deadline; otherwise they shall not act on the request; the presiding judge shall instruct the convicted
person on this fact.
(2) Upon the request of the presiding judge, the hospital for the convicted person and accused, or a medical facility of
the Corps of Prison and the Court Guard, may provide the convicted person, who requested the deferral of the serving of a
sentence under Subsection 1, with the necessary medical care, or for what period they propose the deferral. The presiding
judge shall defer the serving of a prison sentence for the necessary time, if the necessary medical care cannot be provided in
the facility of the Corps of Prison and the Court Guard.
(3) The serving of a prison sentence by a pregnant woman or the mother of a newborn child shall be deferred by the
presiding judge for one year after childbirth.
(4) A complaint against the decision under Subsection 2 and 3, which has a suspensive effect, is admissible.
(5) If the convicted abuses the permitted deferral or there is a concern that they will flee or hide, the presiding judge
shall waive the deferral of the serving of a prison sentence.
Section 410
(1) Serving a prison sentence not exceeding one year may be deferred by the presiding judge for important reasons,
for a period of no more than three months from the date when the decision became final under Section 408 Subsection 1.
(2) Further deferral of the serving of such sentence or its deferral for a period longer than three months may be
permitted by the presiding judge, and only exceptionally for particularly important reasons, especially if the serving of such
sentence could have extremely serious consequences for the convicted person or their family. However, the deferral may be
permitted for a maximum period of six months from the date when the decision referred to in Section 408 Subsection 1 became
final.
(3) If there is a concern that the convicted person will flee, or if they abuse the permitted deferral, the presiding judge
shall waive the deferral.
(4) The public prosecutor may file a complaint against the decision by which the deferral of the serving of sentence
under Subsection 2 was permitted.
Section 411
Decision on the Change of the Method of the Execution of Punishment
(1) The court in which jurisdiction a prison sentence shall be served, shall decide on the change of the serving of the
prison sentence at the public hearing upon the petition of the public prosecutor, director of the penitentiary or the convicted
person, or even without such petition. The court shall decide on the petition no later than within 60 days of its serving.
(2) The convicted person must be interrogated before the decision on the change of the method of serving a prison
sentence.
(3) A complaint against the resolution under Subsection 1, which has a suspensive effect, is admissible.
Section 412
Suspension of the Execution of Punishment
(1) If the convicted person, who is serving a prison sentence, develops a serious illness, the presiding judge may
suspend the serving of the sentence for the necessary time; however, the serving of the sentence shall always be suspended in
the case of a pregnant woman or the mother of a child younger than one year.
(2) If there is a concern that the convicted person will flee or hide, or if they abuse the permitted suspension of serving
a sentence, the presiding judge shall waive the suspension of the serving of a sentence.
(3) A complaint against the resolution under Subsection 1 is admissible.
Section 413
Waiver of the Execution of Punishment
(1) The Minister of Justice may waive the serving of a prison sentence or its remaining term if the convicted person
was or is to be deported. If the deportation does not occur or if the deported person returns, the court shall decide that the
prison sentence or its remaining terms shall be enforced.
(2) The court may waive the serving of a prison sentence or its remaining term if it finds that the convicted person
developed an incurable life-threatening illness or an incurable mental illness.
(3) A complaint against the resolution under Subsection 2, which has a suspensive effect, is admissible.
Section 414
Counting of Custody and Punishment
(1) The presiding judge shall decide on the counting of the custody and punishment by a resolution. Custody shall be
counted according to the state to the date of the order of serving of the sentence from the period when the personal freedom of
the accused was restricted.
(2) A complaint against the resolution under Subsection 1 is admissible.
(3) The court shall decide at the public hearing on the petition of the public prosecutor, if the period during which the
serving of the prison sentence was suspended for the convicted person for the purpose of medical care at a medical facility
outside the penitentiary is not counted towards the serving of the prison sentence, if such care occurred because the convicted
caused intentional bodily harm.
(4) A complaint against the resolution under Subsection 3, which has a suspensive effect, is admissible.
Conditional Release from Serving a Prison Sentence
Section 415
(1) The court shall, upon the petition of the public prosecutor, the director of the facility for custody, or the director of
the penitentiary where the sentence is being served, a public interest group, or upon the petition of the convicted person at a
public hearing decide on the conditional release from serving a prison sentence. If the petition of the convicted person for
conditional release was refused, the convicted person may repeat it after the lapse of one year from the refusal, except when
the petition was refused only because the convicted filed it too early.
(2) If the conditional release is petitioned by the director of the facility for custody or the director of the penitentiary
where the convicted serves their prison sentence, or if they second such petition, the decision on the fact that the convicted is
being conditionally released shall also be made, with the consent of the public prosecutor, by the presiding judge.
(3) The petition under Subsection 1 and 2 shall be decided by the court no later than within 60 days from its serving.
Section 416
Whether the conditionally released has proven themselves competent, or whether the remaining term of the sentence
shall be enforced, shall be decided by the court at the public hearing. The decision that the conditionally released has proven
themselves competent may also, with the consent of the public prosecutor, be made by the presiding judge.
Section 417
(1) The District Court, in which jurisdiction the sentence is being served, is competent for the decision under Section
415, and the court that conditionally released the convicted person is competent for the decision under Section 416.
(2) The convicted person must be interrogated before the decision on conditional release; this shall not apply if the
court proceeds under Section 415 Subsection 2.
(3) A complaint against the statement of the determination of the length of the probational period is admissible against
the resolution under Section 415 Subsection 2. A complaint against other decisions under Section 415 and Section 416, which
has a suspensive effect, is admissible.
Execution of the Conditional Punishment by Prison Sentence with Probational Supervision
Section 418
(1) The court shall monitor the conduct of the person convicted to a prison sentence, the serving of which was
conditionally deferred with probational supervision during the probational period. It shall mainly determine how the convicted
person fulfils their obligations and the restrictions arising from the imposed probational supervision; for such purpose, it mainly
makes written requests to the authorities of the public administration or municipality and public interest groups in the place of
residence of the convicted person and the employer of the convicted person. Before the issue of the decision, the court shall
always request a copy of the convicted person’s criminal record from the criminal records of the Police Force, in the jurisdiction
where the convicted person resides, a report on whether there is any criminal prosecution against them, and from the authority
that hears offences, whether they were not prosecuted for a similar offence during the probational period.
(2) The presiding judge shall authorise a probation and mediation officer with the investigation under Subsection 1.
Section 419
(1) Whether the convicted person has proven themselves competent during the probational period or whether the
serving of a prison sentence was ordered shall be decided by the court at the public hearing. It shall also decide on the possible
extension of the probational period for juveniles at the public hearing.
(2) A complaint against the resolution under Subsection 1, which has a suspensive effect, is admissible.
(3) The decision on whether the convicted person has proven themselves competent during the probational period,
may, with the consent of the public prosecutor, also be made by the presiding judge.
(4) If the court decided that the convicted person has not proven themselves competent during the probation period, it
shall order the serving of the prison sentence and simultaneously decide on the assignment of the convicted in a penitentiary for
the serving of a prison sentence. The court shall further proceed under Section 408.
Section 420
Serving a Conditional Prison Sentence
During the serving of a prison sentence, the serving of which was conditionally deferred, the court shall proceed
appropriately as during the serving of a prison sentence, the serving of which was conditionally deferred with probational
supervision.
Section 421
Execution of the Conditionally Suspended Criminal Prosecution
If the criminal prosecution was conditionally suspended, or if the criminal prosecution of the cooperating accused was
conditionally suspended, then the provisions of Section 418 and 419 shall apply accordingly.
Division III
Execution of other Types of Punishment
Section 422
Execution of community service
Execution of community service shall be governed by a special Act.
Execution of Punishment of Forfeiture of Assets
Section 423
Once a judgment by which the punishment by forfeiture of assets was imposed becomes enforceable, the presiding
judge shall send the bankruptcy court, in which jurisdiction the court that decided on the matter in first instance has its registered
office, a copy of the judgment without the justification for the procedure under a special Act.
Section 424
Repealed from 1 September 2010
Enforcement of Punishment of Forfeiture of Assets
Section 425
(1) If an accused is being prosecuted for a criminal offence which, given the nature and seriousness of the act and the
circumstances of the accused, an imposition of punishment by the forfeiture of assets is to be expected, and there is a concern
that the enforcement of such punishment will be impeded or obstructed, the court and, in the preliminary hearing, the public
prosecutor, may seize the assets of the accused after their interrogation. The court shall always seize the assets of the accused
if it imposed the forfeiture of assets by a judgment which has not yet become final. During the seizure of assets of the accused,
it shall proceed under Section 50 Subsection 2 and 3, Section 94 through 96 accordingly. After declaring bankruptcy during the
execution of punishment by forfeiture of assets, it shall proceed under a special regulation governing insolvency proceedings;
the seizure expires by the acceptance of assets by the bankruptcy trustee.
(2) A complaint against the resolution on the seizure of assets is admissible.
Section 426
(1) The seizure shall refer to all the assets of the accused, as well as assets that the accused procures after the
seizure; however, it does not concern the funds and items that are not subject to the law on the forfeiture of assets.
(2) If the seizure is valid, all legal actions of the accused are invalid that relate to the seized assets, besides the
actions directed towards averting imminent danger.
(3) A person who has an item in their possession which belongs to the seized assets is obligated to notify the public
prosecutor or the court that seized the assets as soon as they learn about the seizure; otherwise, they shall be liable for
damage caused by the omission of the notice.
Section 427
The presiding judge and, in the preliminary hearing, the public prosecutor, shall revoke the seizure by a resolution if
the reason for which the assets was seized expired.
Section 428
Execution of Punishment of Forfeiture of Items
(1) Once a judgment of punishment by forfeiture of assets becomes enforceable, the presiding judge shall send a
copy of the judgment without justification to the authority that is authorised to manage the assets of the State under a special
regulation for the assumption of the assets under their management.
(2) If an accused is being prosecuted for a criminal offence which, given the nature and severity of the act and the
circumstances of the accused, an imposition of punishment by forfeiture of items is to be expected, and there is a concern that
the enforcement of such punishment will be impeded or obstructed, the court, and in the preliminary hearing the public
prosecutor, may seize the items of the accused. During the seizure it shall proceed under Section 50 Subsection 2 accordingly.
(3) A complaint against the decision on seizure is admissible.
(4) The presiding judge and, in the preliminary hearing, the public prosecutor, shall revoke the seizure if the reason for
which the items were seized expired.
Execution of a Monetary Penalty
Section 429
(1) Once the judgment becomes enforceable, according to which the convicted person was obliged to pay the
monetary penalty, the presiding judge shall call upon the convicted person to pay it within fifteen days and warn them that
otherwise the serving of the substitute prison sentence will be ordered.
(2) If a soldier is convicted, the presiding judge shall notify their service authority of the circumstances referred to in
Subsection 1.
Section 430
(1) Upon the petition of the convicted person, the presiding judge may, for important reasons,
a) defer the execution of the monetary penalty for no more than three months from the date when the judgment became final, or
b) permit the payment of the monetary penalty in instalments so that it is paid in full within one year, and if the monetary penalty
was imposed in an amount higher than EUR 16,590, within two years from the date when the judgment became final.
(2) If the reason for which the execution of the monetary penalty was deferred, or if the convicted person fails to make
the instalments without a serious reason, the presiding judge may waive the permission of the deferral or the instalments of the
monetary penalty.
Section 431
Repealed by 1 September 2011
Section 432
(1) The court shall waive the execution of a monetary penalty or the remaining part thereof by a resolution if the
convicted person, due to circumstances beyond their control, became unable to pay the monetary penalty for a long-term
period, or if the execution of the punishment significantly endangers the nutrition or education of a person that the convicted
person is required by law to care for.
(2) If the monetary penalty was not paid and if the procedure under Subsection 1 or under Section 430 Subsection 1
cannot be considered, the court shall order the execution of a substitute punishment by a prison sentence or its proportionate
part at a public hearing by a resolution; at the same time, it shall decide on the method of the execution of the substitute
punishment.
(3) The convicted person may avert the execution of the substitute punishment or its proportionate part at any time by
paying the monetary penalty or its proportionate part. The presiding judge shall decide about what part of the substitute
punishment must be executed by a resolution.
(4) A complaint against the resolution under Subsection 1 through 3, which has a suspensive effect, is admissible.
Section 433
The proprietary right of a third person to funds and items affected by the execution of punishment by the forfeiture of
assets may be applied only in civil court proceedings.
Section 434
Execution of Punishment by Prohibition of Residence
(1) The presiding judge shall notify the municipality and the Police Force department to which jurisdiction the
prohibition of residence concerns, as well as the municipality and the Police Force department under which jurisdiction the
convicted person permanently resides, of the final imposition of a punishment by prohibition of residence.
(2) If the convicted person works in the jurisdiction that the prohibition of residence relates to, the presiding judge shall
also notify the employer that the accused is employed with or in another similar working relationship with.
(3) The Police Force department in the jurisdiction where the convicted person has their domicile or residence may,
for important reasons, permit the convicted person a visit to the place and jurisdiction that is subject to the prohibition of
residence.
(4) The punishment by prohibition of residence is not enforceable during the period that the convicted person
performs military service. If the convicted person did not commit a criminal offence during such service and properly performed
their military service, the court may waive the remaining term of the punishment by prohibition of residence.
(5) A complaint against the resolution under Subsection 4, which has a suspensive effect, is admissible.
(6) The provisions of Section 415 through 417 shall apply to the proceedings on the conditional waiver of the
execution of the remaining term of punishment by prohibition of residence, as well as to the proceedings on the order of the
enforcement of the remaining term of such punishment, accordingly.
(7) The imposition of reasonable restrictions and obligations under the Penal Code upon a person who was not
imposed a punishment by prohibition of residence in addition to an unconditional prison sentence shall be decided by a
resolution at a public hearing by the court in which jurisdiction the prison sentence was last enforced.
(8) A complaint against the resolution under Subsection 7, which has a suspensive effect, is admissible.
Section 435
Execution of Punishment by House Arrest
(1) The execution of punishment by house arrest shall be ordered by the court without undue delay after the judgment
by which it was imposed became enforceable. At the same time, the court shall warn the convicted person on the restrictions
and obligations that arise from the imposed punishment, as well as the risk of converting such punishment to a prison sentence.
The presiding judge shall authorise an authority to manage the technical means of control over the convicted person, or a
probation and mediation officer with control over the house arrest.
(2) If the convicted person fails to comply with the restrictions or obligations arising from the punishment by house
arrest, the court shall convert such punishment or its remaining term to an unconditional prison sentence by a resolution at a
public hearing; the convicted person must be interrogated prior to such decision.
(3) If the convicted person, after the execution of half of the term of punishment by house arrest, requests a waiver of
the execution of the remaining term of such punishment, the court shall make a decision thereon within 30 days by a resolution.
(4) A complaint against the resolution of the court under Subsection 2 and 3, which has a suspensive effect, is
admissible.
(5) Upon the petition of the convicted, the authority authorised for the control over the execution of punishment by
house arrest or the probation and mediation officer may permit the convicted person exemptions from the punishment for the
required time.
Execution of Punishment by Disqualification
Section 436
(1) As soon as the judgment, by which the punishment by disqualification was imposed, becomes final, the presiding
judge shall send a copy of the judgment statement for the enforcement of the punishment by disqualification
a) to the employer whom the convicted person is employed with or in another similar relationship,
b) to the Ministry of Justice, if it concerns an expert, interpreter or a translator,
c) to the competent public authority according to the domicile of the convicted person, if it concerns the permission to drive a
motor vehicle,
d) to the competent Police Force department according to the domicile of the convicted person, if it concerns the permission to
possess and carry firearms,
e) to the Register Court, the Trade Office and the Chamber of Commerce, if a punishment by disqualification from
entrepreneurial activity was imposed.
(2) If the punishment by disqualification is imposed for a period longer than one year, the presiding judge shall,
usually once a year, request a notification from the organisations or bodies referred to in Subsection 1 Paragraphs c), d) and e)
of whether the convicted person violated the court imposed prohibition.
Section 437
(1) The presiding judge may authorise probation and mediation officers with control over the execution of punishment
by disqualification.
(2) If the court ascertains that the execution of punishment by disqualification is violated or impeded, the presiding
judge shall notify the district attorney of it without undue delay.
(3) If the court decides on a conditional waiver from the remaining term of the punishment by disqualification, the
presiding judge shall notify the public authority or another person competent under Section 436 Subsection 1 by sending them a
copy of the final resolution.
(4) The provisions of Section 415 through 417 shall apply to the proceedings on the conditional waiver of the
execution of the remaining term of punishment by disqualification, as well as to the proceedings on the enforcement of the
remaining term of such punishment, accordingly. The court that acted in the matter in the first instance shall be competent to
issue the decision.
Section 438
(1) The presiding judge shall decide, after the judgment by which the punishment by disqualification became final, to
count the period during which the permission of the convicted person to perform such activity, which is subject to the prohibition,
was withdrawn before the judgment became final towards the execution of the punishment by disqualification without undue
delay.
(2) A complaint against the resolution under Subsection 1, which has a suspensive effect, is admissible.
Section 439
Execution of Punishment by the Loss of Honorary Degrees or Accolades
(1) The presiding judge shall notify the authority that manages matters relating to the relevant honorary degrees and
accolades, or an authority that issued them in writing, of the final imposition of punishment by the loss of honorary degrees and
accolades.
(2) The notification referred to in Subsection 1 shall indicate the name and surname, date of birth, occupation,
residence of the convicted person, the name of the court, date and judgment reference number, and the indication of the
honorary degrees and accolades.
(3) If the relevant documents for the honorary degrees and accolades, which are subject to the punishment by the
loss of honorary degrees and accolades, were not already procured during the course of the criminal prosecution and were not
taken into storage, the court shall ascertain where they are, procure them, and after the judgment becomes final, send them to
the competent authority together with the notification under Subsection 1. The court shall note the reason why they are not
enclosed in the notification, should it fail to obtain the honorary degree or accolade documents.
Section 440
Execution of Punishment by the Loss of Military and other Ranks
The presiding judge shall notify the territorial military administration, in which jurisdiction the convicted soldier is based
or where they reside outside their active service, of the imposition of a punishment by the loss of military or other ranks by
sending them a copy of the final judgment. In the case of soldiers in active service and members of the Armed Forces, the
competent service authority shall be notified.
Execution of Punishment by Deportation
Section 441
(1) Once the judgment that imposed a punishment by deportation becomes final, the court that imposed such
punishment shall send its copy to the Ministry of Justice for the purpose of an enforcement of the punishment by deportation
along with the order of the enforcement of punishment to the Police Force department that provides for the enforcement of such
punishment, and also to the relevant penitentiary or the institution for the performance of custody if the convicted person is in
custody or serving a prison sentence.
(2) If there is no concern that the convicted person who is at liberty will hide or otherwise obstruct the execution of
punishment by deportation, the presiding judge may provide them with a reasonable period to take care of their affairs; however,
such deadline may not be longer than one month after the date when the judgment became final. At the same time, they shall
call upon them to report to the notified Police Force department under Subsection 1 within the set deadline.
(3) If there is a concern that the convicted person will hide or otherwise obstruct the execution of the punishment by
deportation, the presiding judge may remand the convicted person into custody, unless they decide on substituting it with a
guarantee, oath or bail; the provisions of Divisions I and II of Chapter Four of Part One shall apply to the proceedings on
custody and its substitution accordingly.
(4) If the convicted person had a separate punishment by deportation imposed upon them and they were not
remanded in custody, the Police Force department under Subsection 1 shall ensure its execution within the period set out under
Subsection 2 after the order for an enforcement of the punishment by deportation.
(5) If the convicted person, who was imposed a punishment by deportation, is in custody or serving a prison sentence,
the facility in which they are present shall notify the Police Force department under Subsection 1 of the expected date of their
release, and the validity of their travel documents. If the convicted person does not have valid travel documents or such
documents expire before the expected date of release of the convicted person to liberty, the facility shall send them to the Police
Force department no later than three months before the release of the convicted person along with the particulars necessary for
the issue of new travel documents.
(6) In the event of changes in the estimated date of release of the convicted person to liberty or another change
related to the execution of punishment by deportation, the authority that decided on the change shall notify the Ministry of
Justice, the court under Subsection 1, the facility in which the convicted person resides, and the Police Force department under
Subsection 1 of such change without undue delay.
Section 442
(1) The Police Force department under Section 441 Subsection 1 shall determine the date, time and place of
deportation of the convicted person, and notify the Ministry of Justice of it at least five days before the expected date of
deportation, and if the convicted person is in custody or serving a prison sentence, also the institution where they reside and
perform all measures so that the convicted person was deported on the set date.
(2) The court shall decide on the release of the convicted person who is to be deported from custody, so that their
custody is terminated at the time of their submission to the Police Force department.
(3) If the court decides to waive serving a prison sentence or its remaining term, on the conditional release from
serving a prison sentence or on the participation in an amnesty, that forgives the remaining term of a prison sentence of the
convicted person who was imposed a punishment by deportation, they shall notify the court that is competent for the execution
of punishment by deportation and the Police Force department of such fact without undue delay, regardless of the validity of
such decision; the Ministry of Justice shall similarly proceed when the Minister of Justice decides on the waiver of serving a
prison sentence or its remaining term.
(4) In the decision of the Minister of Justice on the waiver from serving a prison sentence or its remaining term under
Section 413 Subsection 1, the deadline for the submission of the convicted person to the Police Force department must comply
with the date of release from serving a prison sentence; similarly, this shall also apply for cases where the convicted person was
conditionally released from serving a prison sentence before the deportation, or they were granted a pardon or amnesty.
(5) If the convicted person is in custody or serving a prison sentence, the Corps of Prison and Court Guard shall
submit the convicted person to the Police Force department under Section 441 Subsection 1 within a reasonable time, and
before the date set out for the execution of punishment by deportation.
(6) If the Police Force department under Section 441 Subsection 1 fails to provide the execution of punishment by
deportation within the set period, and fails to provide the acceptance of the convicted person by another Police Force
department, the Corps of Prison and Court Guard shall release the convicted person to liberty if they are in custody; they shall
notify the Ministry of Justice, the court that ordered the punishment by deportation, and the Police Force department under
Section 441 Subsection 1 without undue delay. If the Minister of Justice, penitentiary, or the institution for custody waive the
execution of punishment by prison sentence or its remaining term, they shall notify the court that is locally competent for the
procedure under Section 413 Subsection 1 of such fact.
Section 443
If the court finds during the time when it ordered the execution of punishment by deportation that the convicted person
is no longer present in the Slovak Republic, the presiding judge shall send the order for the execution of such punishment to the
Police Force department under Section 441 Subsection 1, and no further actions under this Act shall be performed.
Section 444
(1) The Police Force department under Section 441 Subsection 1 shall prepare a transcript of the execution of
punishment by deportation, a copy of which shall be sent to the Ministry of Justice, the court that ordered the execution of such
punishment and the Corps of Prison and Court Guard.
(2) Expenses associated with the transfer of a convicted person, who is in custody or serving a prison sentence, to
the Police Force department under Section 441 Subsection 1, shall be covered by the Corps of Prison and Court Guard.
(3) Personal expenses and travel costs associated with the execution of punishment by deportation shall be covered
by the convicted person; if the convicted person does not have any funds, it shall be covered by the Police Force.
CHAPTER TWO
PERFORMANCE OF PROTECTIVE MEASURES
Division I
Performance of Protective Treatment
Section 445
Enforcement of Protective Treatment
(1) The presiding judge shall order the performance of protective treatment to medical facilities in which a protective
treatment is to be performed. However, if the protective treatment was imposed in addition to an unconditional prison sentence,
and the penitentiary or hospital for accused or convicted person can provide terms for the performance of such treatment, the
presiding judge may order that the protective treatment is performed during the course of serving a prison sentence.
(2) If a person who had protective treatment imposed upon them poses a danger to their surroundings while they are
at liberty, the presiding judge shall arrange for their transfer to the medical facility without undue delay; otherwise, they may
provide them with a reasonable deadline to take care of their affairs.
(3) If it is a member of the Armed Forces or Armed Corps, the presiding judge shall request their superior or the
service authority to arrange their transport to the medical facility.
(4) The presiding judge shall request that the medical facility notifies the court that imposed the protective treatment
when the performance of the protective treatment commences. At the same time, they shall request the facility to submit a
report to the District Court in which jurisdiction the protective treatment is performed without undue delay, if the reasons for
prolonging the protective treatment expire.
Section 446
Change of the Method of Performance of Protective Treatment
(1) The court, the jurisdiction of which the facility for the protective treatment is situated, shall decide on the change of
the method of protective treatment upon a petition at the public hearing by the public prosecutor, the accused, their legal
representative, a person who may file an appeal in favour of the accused or, if the accused has in the meantime started or
completed detoxing or other treatment in any of the medical facilities, upon the petition of the attending physician or even
without such petition; the convicted person must be previously interrogated.
(2) A complaint against the resolution under Subsection 1, which has a suspensive effect, is admissible.
Section 446a
Continuation of Protective Treatment
(1) The presiding judge under whose jurisdiction the protective treatment is performed during the course of serving a
prison sentence shall decide on the continuation of the protective treatment after the completion of serving a prison sentence at
the public hearing; at the same time, they shall decide on the method of the further execution of the protective treatment. The
convicted person must be interrogated before such decision; this shall not apply if their health does not so permit, or if they
requested that the public hearing is performed in their absence. The penitentiary in which the convicted person serves a prison
sentence shall for such purpose notify the court well in advance of the expected completion of the serving of the sentence and
simultaneously send the medical report on the achieved outcome of the protective treatment so that it is possible to decide
before the completion of the prison sentence.
(2) A complaint against the resolution under Subsection 1, by which the presiding judge decided on the continuation
of the protective treatment and the method of its performance, is admissible.
(3) If the presiding judge decided on the continuation of the protective treatment that is to be performed in an
institutional medical care facility, and in the case of the convicted person it may be reasonably assumed that their stay at liberty
is dangerous, or the acceptance of the convicted person was agreed on with the competent facility, the members of the Corps of
Prison and Court Guard shall, on the basis of a written order from the presiding judge and after the prior notification of the
institutional medical care at least 30 days in advance, transfer the convicted person to such facility so that the protective
treatment continues immediately after the completion of the serving of a prison sentence, even if a complaint was filed against
the decision on the continuation of the protection treatment and the superior court did not decide on it since the completion of
the prison sentence. If the superior court revokes the decision of the presiding judge on the continuation of the protective
treatment and decides under Subsection 4 and the convicted person has already been transported to the institutional medical
care facility, the presiding judge of the superior court shall order their release from the facility by a written order, which shall be
served to the institutional medical care facility without undue delay. If the convicted person was not transferred to the
institutional medical care facility, after their release from the penitentiary it shall proceed under Subsection 5 accordingly.
(4) If the presiding judge fails to decide on the continuation of the protective treatment, they shall decide under
Section 448 Subsection 1. If the public prosecutor files a complaint against the resolution on the release from protective
treatment or termination of the protective treatment under Section 448 Subsection 3 and it is a protective treatment that is to be
performed in an institutional medical care facility and, in accordance with the decision on the imposition of the protective
treatment or about the change of the method of its enforcement, it could be reasonably assumed that the stay of the convicted
person at liberty is dangerous, or the acceptance of the convicted person was agreed on with the competent facility, then the
members of the Corps of Prison and Court Guard shall submit the convicted person on the basis of a written order from the
presiding judge or the presiding judge of the superior court, and after the prior notification of the institutional medical care facility
at least 30 days in advance, transfer the convicted person to such facility so that the protective treatment continues immediately
after the completion of the serving of a prison sentence; if the superior court refuses the complaint of the public prosecutor and
the convicted person has already been transported to the institutional medical care facility, the presiding judge of the superior
court shall order their release from the facility by a written order, which shall be served to the institutional medical care facility. If
the convicted person was not transferred to the institutional medical care facility, after their release from the serving of a prison
sentence it shall proceed under Subsection 5 accordingly.
(5) If the presiding judge decided on the continuation of the protective treatment, which is to be performed in an
outpatient facility, the court that ordered the performance of the protective treatment shall perform actions directed towards the
further performance of the protective treatment after the resolution on the continuation of the protective treatment becomes final.
(6) If a petition under Section 448 Subsection 1 was filed, on which the presiding judge has not yet decided, they shall
decide on it by a resolution under Subsection 1 or 4, within the decision on the continuation of the protective treatment.
(7) If, despite the order, the performance of the protective treatment did not commence during the serving of a prison
sentence, the penitentiary shall notify the court that ordered the performance of the protective treatment of it well in advance. If
the protective treatment is to be performed in an institutional medical care facility and, in the case of the convicted person, it
may be reasonably assumed that their stay at liberty is dangerous or if an agreement with the competent facility was made on
the acceptance of the convicted person, then the members of the Corps of Prison and Court Guard shall submit them on the
basis of a written order from the presiding judge of the court that ordered the protective treatment, after the prior notification of
the institutional medical care facility at least 30 days in advance; otherwise, after the release of the convicted person from the
serving of a prison sentence, it shall proceed under Subsection 5 accordingly.
Section 447
Waiver of the Performance of Protective Treatment
(1) The court that imposed the protective treatment shall decide in a public hearing on the waiver of the performance
of the protective treatment before its commencement and upon the petition of the public prosecutor, the accused, their legal
representative, the person who may file an appeal in favour of the accused or, if the accused commenced or completed the
imposed detox or other treatment in any medical facility in the meantime, upon the petition of the attending physician or even
without such petition.
(2) A complaint against the resolution under Subsection 1, which has a suspensive effect, is admissible.
Section 448
Release from Protective Treatment and its Termination
(1) The presiding judge under whose jurisdiction the protective treatment is to be performed shall decide on the
release from protective treatment or on its termination upon the petition of the public prosecutor, the accused or the medical
facility, or even without such a petition; if they decide upon the petition, they shall decide within 30 days from the serving of the
petition to the court.
(2) The presiding judge of the court under whose jurisdiction the protective treatment is to be performed in an
institutional medical care facility shall review at least once a year whether the reasons for the protective treatment still remain. If
the reasons for the protective treatment have expired, they shall proceed under Subsection 1, otherwise they shall decide that
the performance of protective treatment shall continue.
(3) A complaint that was filed by the public prosecutor against the resolution on the release from the protective
treatment, or after the termination of the protective treatment, which has a suspensive effect, against the resolution under
Subsection 1 and 2 is admissible.
Section 448a
Order to Trace a Person for the Purpose of the Decision on Protective Treatment and the Order to Trace and
Present a Person for the Purpose of the Decision on Protective Treatment
Based on the written order of the presiding judge to trace or trace and present a person whose protective treatment it
is to be decided on and who may not be summoned or presented, or who may be reasonably expected to be dangerous to their
surroundings during their stay at liberty, a member of the Police Force, under the contents of the order, shall notify the court of
the residence or domicile of such person or present them to the presiding judge who issued the order. The presiding judge shall
determine the date of the public hearing during which the protective treatment shall be decided on and serve the presented
person the summons; for the purpose of this resolution, the decision on the protective treatment means a decision on the
imposition of the protective treatment and the decision under this Division. If these actions of the court cannot be performed by
the presiding judge, they shall be performed on their behalf by the judge for the preliminary hearing of the court where the
presiding judge issued the order.
Division II
Performance of Protective Education
Section 449
Enforcement of Protective Education
(1) The performance of protective education shall be ordered by the presiding judge to the educational facility where
the protective education is to commence.
(2) If the juvenile is not in custody and there is no concern that they will flee, the presiding judge may provide them
with a reasonable period for taking care of their affairs before the commencement.
Section 450
Waiver of the Performance of Protective Education
(1) The court that imposed the protective education upon the petition of the public prosecutor, body for the social and
legal protection of children and social curatorship or the juvenile, or even without such petition, shall decide on the waiver of the
performance of the protective education before its commencement at the public hearing.
(2) A complaint against the resolution under Subsection 1, which has a suspensive effect, is admissible.
Section 451
Conditional Placement outside the Educational Facility
(1) The court under which jurisdiction the protective education is performed shall decide at a public hearing by a
resolution on the conditional placement of the juvenile outside the educational facility upon the petition of the public prosecutor,
the body for the social and legal protection of children and social curatorship, director of the educational facility, or the juvenile
or a person who may file an appeal in their favour, or even without such petition.
(2) The court referred to in Subsection 1 shall similarly decide on the revocation of the conditional placement of the
juvenile outside the educational facility.
(3) A complaint against the resolution under Subsection 1 and 2, which has a suspensive effect, is admissible.
Section 452
Release from Protective Education
(1) The court under which jurisdiction the protective education is performed shall decide on the release from protective
education at the public hearing upon the petition of the public prosecutor, body for the social and legal protection of children and
social curatorship, the juvenile or an educational facility, or even without such a petition. If the petition was not filed by the
educational facility, the representative of such facility shall be interrogated before a decision is made.
(2) The court under which jurisdiction the protective education is performed shall review at least once a year whether
the reasons for the protective education persist. If the reasons for the protective education have expired, the court shall release
the juvenile from protective education, otherwise it shall decide that the performance of the protective education shall continue.
(3) A complaint that is filed by the public prosecutor against the resolution on the release from protective education,
which has a suspensive effect, against the resolution under Subsection 1 and 2 is admissible.
Section 453
Extension of Protective Education
(1) The court under which jurisdiction the protective education is performed shall decide on the extension of the
protective education at the public hearing upon the petition of the public prosecutor, competent public authority, or educational
facility, or even without such a petition.
(2) If the petition under Subsection 1 was not filed by the educational facility, the representative of such facility shall
by interrogated before making a decision.
(3) The protective education may be extended only if its performance has already commenced.
(4) A complaint against the resolution under Subsection 1 is admissible.
Division III
Performance of Protective Supervision
Section 454
Enforcement of Protective Supervision
(1) The performance of the protective supervision shall be ordered by the presiding judge in addition to the order of
serving a prison sentence under Section 408 Subsection 1 by commencing the performance of the protective supervision after
serving a prison sentence.
(2) If the presiding judge defers the serving of a prison sentence for a period longer than three months, they shall also
decide on whether the performance of the protective supervision shall commence before the commencement of serving a prison
sentence.
(3) If the presiding judge suspends the serving of a prison sentence for a period longer than three months, they shall
also decide on whether the protective supervision shall be performed during the suspension of the serving of a prison sentence.
Section 455
Persons Providing the Performance of Protective Supervision
Protective supervision shall be performed by the probation and mediation officers of the District Court under which
jurisdiction the person who was imposed the protective supervision has their place of residence, and to the extent determined
by the decision of the court. At the same time, they shall ensure that the rights of the convicted were interfered with only to the
extent necessary for the purposes of the protective supervision.
Section 456
Suspension of the Performance of Protective Supervision
The performance of the protective supervision shall be suspended during the execution of custody and a prison
sentence, and during protective treatment performed in a medical facility.
Section 457
Waiver of the Performance of Protective Supervision
(1) The court shall waive the performance of protective supervision that was imposed under Section 76 Subsection 2
of the Penal Code if the circumstances for which it was imposed have expired.
(2) The petition for the waiver of the performance of the protective supervision may be filed by the public prosecutor or
the director of the penitentiary where the convicted person who was imposed protective supervision last served their prison
sentence.
(3) The District Court under which jurisdiction the protective supervision is performed shall decide on the performance
of the protective supervision under Subsection 1 at the public hearing.
(4) A complaint that was filed by the public prosecutor against the resolution under Subsection 3, which has a
suspensive effect, is admissible.
Section 458
Release from Protective Supervision
(1) The court shall release the person from the performance of the protective supervision at the public hearing if it is
revealed that its purpose was achieved.
(2) The petition for the release from the performance of the protective supervision may be filed
a) by the probation and mediation officer who performs the protective supervision,
b) by the public prosecutor,
c) by a person who was imposed the protective supervision after the lapse of half of the period for which the protective
supervision was imposed, however, no sooner than after one year of the protective supervision; if their petition is not granted,
the petition may be repeated but no sooner than after the lapse of one year.
(3) A complaint against the resolution under Subsection 1, which has a suspensive effect, is admissible.
Section 459
Termination of Protective Supervision
The protective supervision shall expire after the lapse of the period for which it was imposed, the death of the
convicted person, or on the day when the court released the person from the performance of the protective supervision under
Section 458 Subsection 1.
Section 460
Imposition of Protective Supervision outside the Main Trial
(1) The court under which jurisdiction the prison sentence was last served shall decide on the imposition of the
protective supervision outside the main trial.
(2) The District Court under which jurisdiction the protective supervision is being performed shall decide on the
release of the person from protective supervision.
(3) The court shall decide on the petition for the decision referred to in Subsection 1 or 2 at the public hearing; it shall
decide at the closed hearing in the event that the petition was filed by an unauthorised person or that the petition under
Subsection 2 was filed before the expiry of the deadline under Section 458 Subsection 2.
(4) A complaint against the resolution under Subsection 1 and 2, which has a suspensive effect, is admissible.
Division IV
Execution of the Confiscation of Items, Execution of the Confiscation of a Monetary Sum, Execution of the
Confiscation of Assets and Execution of Detention
Section 461
Execution of the Confiscation of Items
Once the judgment, by which the confiscation of an item becomes enforceable, the presiding judge shall send a copy
of the judgment without the justification on the acceptance of the assets to the management of the authority that under a special
regulation performs the management of the State assets, in the jurisdiction of which the convicted or another person last had
their residence, and if the residence is unknown, in the jurisdiction of which the confiscated item is located.
Section 461a
Execution of Confiscation of a Monetary Sum
Once the decision, by which the confiscation of the monetary sum was imposed, becomes final, the presiding judge
shall send its copy without justification to the public administration authority competent under a special regulation on the
management and recovery of court receivables. Such authority is entitled to accept the monetary fulfilment corresponding to the
entitlement of the State from the confiscation of the monetary sum, or in the event of the party to an action defaulting on their
voluntary performance during the deadline set out in the decision, it is entitled to handle the claim or its part in a manner
stipulated in the special regulation on the management and recovery of the court receivables.
Section 461b
Execution of Confiscation of Assets
(1) The provisions of Section 423 through 427 shall apply to the performance of the confiscation of assets
accordingly, unless this Act stipulates otherwise.
(2) If the assets of a legal entity used for entrepreneurial purposes or to ensure public interest are seized, the court
may in addition to the decision on the seizure of assets or during the course of such seizure, upon the petition of the public
prosecutor or the party to an action and, in the preliminary hearing, the public prosecutor even without the petition, decide that
the party to an action is entitled to use the seized assets for a specific purpose within the common activity of the legal entity; the
legal actions of the party to an action exceeding such extent are invalid.
(3) If the party to an action fails to comply with the terms under Subsection 2, the court, upon the petition of the public
prosecutor and, in the preliminary hearing, the public prosecutor, shall revoke the entitlement under Subsection 2.
(4) A complaint against the resolution under Subsection 2 and 3 is admissible.
Execution of Detention
Section 462
(1) Before the convicted person, who again committed a particularly serious crime or a crime of a sexual nature,
completes the serving of the prison sentence, the Minister of Justice may petition their placement in the detention facility after
the serving of the prison sentence. In other cases, the petition for the placement of the convicted person in the detention facility
may be filed by the public prosecutor or the director of the penitentiary in which the convicted person serves their prison
sentence.
(2) When deciding on the petition under Subsection 1, it shall proceed under Section 446a Subsection 1 accordingly.
(3) A complaint against the resolution under Subsection 2 is admissible. If the presiding judge decides on the
placement of the convicted person in the detention facility, it shall proceed under Section 446a Subsection 3, accordingly; if it is
necessary to transport the convicted person back to the penitentiary, the transport shall be provided by a member of the Corps
of Prison and Court Guard. If the presiding judge refuses the petition under Subsection 1 and the superior court revokes its
decision and decides on the placement of the convicted person in the detention facility, and the convicted person has already
been released to liberty after completing a prison sentence, the presiding judge of the court of first instance shall proceed under
Section 445 Subsection 2 accordingly.
Section 463
(1) The court under which jurisdiction the detention is executed shall at least once a year, but always upon the petition
of the detention facility or upon the petition of the convicted person at the public hearing, review whether the reasons for the
detention remain. The convicted person may file a request for the review of the justification of the detention no sooner than after
the lapse of six months from the decision on the placement in the detention facility, or after six months from the decision on the
continuation of detention. If the reasons for detention have expired, the court shall release the convicted person from serving a
prison sentence, otherwise it must decide by a resolution that they shall continue the detention.
(2) A complaint that is filed by the public prosecutor against the resolution on the release from the detention, which
has a suspensive effect, against the resolution under Subsection 1 is admissible.
Division V
Supervision of the Performance of the Protective Measures
Section 464
The public prosecutor under which jurisdiction the protective treatment, protective education, protective supervision,
or detention is performed shall supervise the performance thereof under a special Act.
CHAPTER THREE
EXECUTION OF SOME OTHER DECISIONS
Section 465
Waiver of Punishment and Conditional Waiver of Punishment
(1) If the court accepted a guarantee from a public interest group referred to in Section 4 Subsection 2 and, due to
that, it waived the punishment, it shall serve a copy of the judgment to the public interest group. At the same time, it shall ask
them to assume care for the reformation of the convicted person pursuant to the guarantee, and to ensure that they cover the
damages which they caused by the commission of a criminal offence, unless they have already done so.
(2) During the execution of the conditional waiver of the imposition of the punishment, the court shall proceed as
appropriate as during the serving of a prison sentence, the serving of which was conditionally deferred with probational
supervision.
(3) The court shall decide on whether the convicted person has not proven themselves competent during the
probational period, and a punishment shall be imposed upon them at the public hearing.
(4) The court shall decide on whether the convicted person has proven themselves competent during the probational
period by a resolution, which a public prosecutor may file a complaint against, at the public hearing. The presiding judge may
make such decision with the consent of the public prosecutor.
(5) After the final decision by which the punishment or decisions on the competency of the convicted person during
the probational period of the conditional waiver of the imposition of punishment were waived, the presiding judge shall serve a
copy of the decision to the authority which manages the criminal records without undue delay.
Section 466
Execution of Custody
The method of the execution of custody shall be governed by a special Act.
Recovery of a Disciplinary Fine and Costs of the Criminal Proceedings
Section 467
As soon as the decision by which the disciplinary fine was imposed becomes enforceable, the police officer, public
prosecutor and the presiding judge who imposed the fine shall call on the person on whom it was imposed to pay the fine within
fifteen days, and warn them that otherwise the payment will be recovered. The paid disciplinary fine belongs to the State.
Section 468
The costs of criminal proceedings defined by a set sum shall be recovered by the authorities of the public
administration of courts.
CHAPTER FOUR
EFFACEMENT OF THE CONVICTION
Section 469
The court shall decide on the effacement of the conviction upon the request of the convicted person, persons who
may file a petition in favour of the convicted person, or upon the petition of a public interest group referred to in Section 4
Subsection 2; before the expiry of the period referred to in Section 92 Subsection 1 of the Penal Code, only a convicted person
may file a request for the effacement of the conviction. The court shall decide on the effacement of a juvenile even without a
petition or request.
Section 470
(1) The presiding judge of the district court under the jurisdiction of which the convicted has their residence during the
submission of the petition or where they last had their residence, may decide on the effacement of the conviction.
(2) The presiding judge of the District Court referred to in Subsection 1 shall also decide on the effacement of a
conviction by foreign courts, which is recorded in the criminal records; such decision may have effects abroad only if it is
stipulated by an international treaty.
(3) The presiding judge of the court which decided in the matter in the first instance shall decide on the effacement of
the conviction of a juvenile.
(4) A complaint against the decision on the effacement of the conviction, which has a suspensive effect, is admissible.
Section 471
(1) As soon as the decision on the effacement of the conviction became final, the presiding judge shall notify the
convicted person, complainant, and the authority managing the criminal record of it.
(2) If the request for the effacement of the conviction was refused, they may file it again after the lapse of one year,
except for cases where it was refused only because the period set out by law for the effacement was not yet determined for the
effacement. The court shall refuse the filed request despite it being without an examination.
CHAPTER FIVE
GRANTING PARDON AND A REQUEST OF AMNESTY
Section 472
Granting Pardon
The President of the Slovak Republic (hereinafter referred to as the “President”) shall grant a pardon under the rights
given by the Constitution.
Section 473
Proceedings on Granting a Pardon
(1) Documents for the decision of the President in the proceedings on granting a pardon shall be provided by the
Minister of Justice.
(2) If the President orders so during the proceedings under Subsection 1, the execution of punishment shall be
deferred or suspended. The Ministry of Justice shall provide the performance of such acts under the order of the President.
Section 474
Decision on the Request of Amnesty
A decision on whether and to what extent a person, who was finally imposed a punishment, is participated in an
amnesty shall be performed by the court that decided in the first instance. If such person is serving a prison sentence at the time
of the decision, the court in which jurisdiction the sentence is served shall make the decision. A complaint against such decision,
which has a suspensive effect, is admissible.
Section 475
Conditional Granting of a Pardon
(1) If the punishment or its remaining term was forgiven by the granting of a pardon only under the determined terms,
the fulfilment of the terms and the reformation of the convicted person shall be monitored by the court that decided in the matter
in the first instance.
(2) The President shall decide on whether the convicted person, whose punishment was forgiven by the granting of a
pardon by the President, fulfilled the terms imposed.
(3) Documents for the decision of the President shall be provided by the Minister of Justice.
(4) If a decision under Subsection 2 was not made within one year from the expiry of the period covered by the terms
imposed without the fault of the convicted person, it is considered that the terms imposed have been met.
Section 476
Change of Penalty of Punishment
(1) If the punishment, which has not yet been completely executed, is only for some of the criminal offences, for which
a cumulative or multiple punishment was imposed, was completely or in part forgiven by the amnesty, the court shall determine
an appropriate punishment for the criminal offences not affected by the amnesty based on their seriousness. A complaint
against such decision, which has a suspensive effect, is admissible.
(2) A decision under Subsection 1 shall be made by the court that imposed the punishment in the first instance in the
public hearing.
PART FIVE
LEGAL RELATIONS WITH FOREIGN STATES
CHAPTER ONE
FUNDAMENTAL PROVISIONS
Section 477
Interpretation of Certain Terms
For the purposes of this Part
a) an international treaty means a declared international treaty, by which the Slovak Republic is bound,
b) a foreign authority means an authority of another State, which, under the national system law of such State or under an
international treaty, is entitled to act, file or accept a request, or to perform other acts under this Part and an international court,
c) an international court means an International Criminal Court established by an international treaty or by a decision of an
international organisation, which is binding for the Slovak Republic and its departments,
d) the Slovak authority means an authority of the Slovak Republic competent to act in matters regulated by this Part; the County
Court has the jurisdiction to act on a request on extradition to a foreign State or on the recognition and performance of a foreign
decision, as well as in matters which fall within the competency of the specialised criminal court,
e) the requested State or authority means a State or an authority which was sent a request for the performance of the acts
regulated by this Part,
f) the requesting State or authority means a State or an authority which sent a request for the performance of the acts regulated
by this Part,
g) a prison sentence also means a protective measure associated with the restriction of personal freedom, unless something
else arises from the nature of the matter.
Section 478
International Treaties
The provisions of this Part shall apply, unless an international treaty stipulates otherwise.
Section 479
Reciprocity
(1) If the requesting State is not bound by an international treaty, the Slovak authorities shall act on its request if the
requesting State guarantees that it will comply with a comparable request from the Slovak authority and if it is a request, the
performance of which is based on this Part, not bound by the existence of an international treaty. In the case of the request of a
foreign authority on the serving of a document to a person within the territory of the Slovak Republic, the fulfilment of the term
referred to in the first sentence shall not be examined.
(2) If the requested State, which is not bound by an international treaty, requests reciprocity for the performance of a
request from the Slovak authority, the Ministry of Justice may guarantee the requested State reciprocity for the performance of a
comparable request of the requested State, assuming that it is a request where the performance is not bound by the existence
of an international treaty under this Part.
Section 480
International Courts
(1) Proceedings on the requests of an international court shall also proceed under the provisions of this Part.
(2) The procedure under Chapter Two of this Part on extradition shall apply to the proceedings and decision to
transfer persons to the international court accordingly.
(3) The provisions of Chapter Three of this Part on the recognition and performance of foreign decisions shall apply to
the performance of the judgment of an international court in the territory of the Slovak Republic accordingly.
Section 481
Protection of the Interests of the State
The request of a foreign authority may not be granted if its performance would violate the Constitution or any
provisions of the system of law of the Slovak Republic, which must always take precedence, or if the performance of the request
would damage another important protected interest of the Slovak Republic.
Section 482
Protection and Use of Information
(1) When providing information by the Slovak authorities on their activity under this Part, it shall proceed under
Section 6 accordingly.
(2) The Slovak authorities shall not disclose or provide any further information or evidence obtained from a foreign
authority following a request received or sent under this Part or in connection with it, nor will they use them for purposes other
than that for which they were sent or requested, if they are bound to do so under an international treaty or if the information or
evidence was provided only on the basis of a promise of compliance with such terms; this shall not apply if the foreign authority
consents to the disclosure or other use of information or evidence.
Section 483
Commencement of Proceedings
The Slovak authorities may also begin to act under this Part on the basis of a request from a foreign authority that
was delivered to them by fax or by other electronic means if they do not have any doubts about their reliability, and if the matter
cannot be deferred. The original of the request must be subsequently submitted within the deadline set out by the requested
authority if such authority does not waive the submission of the original request.
Section 484
Sending of Requests and Information through Interpol and SIRENE
(1) Requests under this Part may also be sent to and received from a foreign State through the International Criminal
Police Organisation (hereinafter referred to as “Interpol”), and even through the special department of the Police Force SIRENE
if it concerns the sending or receiving of a request in relation to States that use the Schengen Information System.
(2) Data and information on the time and any other particulars of the submission, acceptance, or transport of the
person or items under Section 485 may also be exchanged via Interpol or the special department of the Police Force SIRENE.
Section 485
Acceptance and Transfer of Persons and Items
(1) A person extradited or transferred from a foreign State on the basis of a request under this Part shall be accepted
from the foreign authorities of the Police Force department determined by the Minister of Interior. Unless this Part stipulates
otherwise, the Police Force department shall submit the accepted person to the closest institution for the execution of custody or
penitentiary, which shall inform the competent court thereof without undue delay.
(2) On the basis of a request under this Part, the Police Force department appointed by the Minister of Interior shall
accept a person extradited or transferred to a foreign State from the custodial institution or penitentiary and transfer them to the
foreign authorities.
(3) The transport of persons across the territory of the Slovak Republic under Section 543 shall be performed by a
Police Force department appointed by the Minister of Interior. During the transport, the personal freedom of the transported
person shall be restricted in order to prevent their escape. Coercive measures shall be used for the restriction of the personal
freedom of the transported person under a special regulation.
(4) The Police Force department appointed by the Minister of Interior shall also perform the transfer and return of the
items under Section 550, and the acceptance and return of the items transferred from a foreign State upon the request of the
Slovak authorities if it is not possible or appropriate to send the item through mail, as well as the transit of the item across the
territory of the Slovak Republic upon the request of foreign authorities.
Section 486
Travel Documents
Under the provisions of this Part, persons who are transferred to foreign authorities or who are accepted from foreign
authorities do not need travel documents or an entry permit or visa for border crossings.
Section 487
Method of the Decision Making of the Court
If the court decides in proceedings under this Part, it shall decide by a resolution, unless this Part stipulates otherwise.
Section 488
Costs
(1) The costs incurred for the Slovak authority during the processing of the requests of a foreign State under this Part
shall be borne by the State, and paid by the authority that incurred them.
(2) If an international treaty allows the reimbursement of the costs referred to in Subsection 1 or any part thereof by
the requesting State, also in the absence of an international treaty, the authority that incurred such costs shall submit the
quantified costs, their justification, and bank account details for the purpose of the payment from the requesting State to the
Ministry of Justice.
(3) The costs incurred by a foreign authority in relation with the request of the Slovak authority and the payment of
which the requested State claimed in accordance with an international treaty or, due to the absence of an international treaty,
shall be borne by the State authority for which the act was performed abroad. The costs incurred by a foreign authority during
the transport of a person or item through the territory of their State from another State to the territory of the Slovak Republic in
connection with a request of the Slovak authority, and the payment of which such authority requests, shall be paid by the
Ministry of Interior of the Slovak Republic.
CHAPTER TWO
EXTRADITION
Division I
Request from Abroad
Section 489
(1) The Ministry of Justice may request the accused from a foreign State upon the request of the court that issued the
warrant under Section 490.
(2) The Ministry of Justice may waive the request if extradition from a foreign State cannot be expected. The court that
issued the warrant for arrest under Section 490 shall inform of such fact.
Section 490
(1) If the accused stays abroad and if it is necessary to request them, the presiding judge of the competent court shall
issue a warrant for arrest (hereinafter referred to as “international arrest warrant”). In the preliminary hearing, the judge for the
preliminary hearing shall issue the international arrest warrant upon the petition of the public prosecutor. An international arrest
warrant has the same effect in the Slovak Republic as a warrant for arrest.
(2) The court shall issue an international arrest warrant, especially if
a) the presence of the accused for the acts of the criminal proceedings may not be ensured otherwise, or
b) the convicted stays abroad and they failed to begin serving the imposed prison sentence despite the fact they were duly
served the call for the commencement of such sentence, or if they are avoiding the serving of the finally imposed prison
sentence or its remaining term by residing abroad.
(3) The international arrest warrant for the request of the accused from a foreign State for the purpose of the criminal
prosecution must include
a) the name and surname of the accused, their date and place of birth, citizenship, permanent residence in the Slovak Republic,
and other available data to facilitate their identification, including their description and photos, or location of their residence
abroad,
b) the legal classification of the criminal offence, while stating the relevant legal provisions and the description of the facts with
the precise indication of the time, place and method of its commission,
c) the literal wording of the statutory provisions under which the criminal offence is assessed, stating the legal penalty stipulated
by law together with the provisions on limitation,
d) a description of acts affecting the course of the limitation period if more than three years have lapsed since the commission of
the criminal offence until the issue of an international arrest warrant.
(4) The international arrest warrant for the purpose of requesting the convicted from a foreign State for the serving of
a prison sentence must, besides the data referred to in Subsection 3 Paragraphs a) through c), also include
a) information about which court and to which punishment the person was convicted, and
b) information on the method of ensuring the rights of the accused to a defence counsel in the proceedings, if the judgment was
issued in the proceedings against a fugitive or in their absence, and the wording of provisions of Section 495.
(5) An original or a copy of the judgment with a clause on legality shall be enclosed with the international arrest
warrant under Subsection 4.
(6) If more than three years have lapsed since the commission of the criminal offence or from the final conviction until
the issue of the international arrest warrant, the arrest warrant, or its separate annex shall state the acts directed towards the
criminal prosecution of the person or the enforcement of the finally imposed punishment.
(7) An international arrest warrant must be confirmed by the signature of the judge who issued it, and the imprint of
the official stamp of the court. If it is necessary to provide the requested State with a translation of the international arrest
warrant into a foreign language, the court shall attach the translation prepared by an official translator to it. The same shall also
apply to the translation of the judgment, if it is a request for the execution of a punishment.
(8) If it is necessary to cross the territory of another State or States in order to transport a person who is to be
extradited to the territory of the Slovak Republic, the court shall submit the documents to the Ministry of Justice in the required
number of copies and translations into the required foreign languages.
Section 491
(1) An international arrest warrant expires
a) by the surrendering of the extradited person to the court under Section 494 Subsection 1 or to the court that issued the arrest
warrant under Section 73 Subsection 1,
b) by an appeal; the court that issued an international arrest warrant shall waive it if the reasons for which it was issued expired
or if it subsequently ascertains that such reasons never existed; if the international arrest warrant was issued upon the petition
of the public prosecutor, the court shall waive their petition,
c) by issuing a new international arrest warrant in the same criminal matter.
(2) Following the submission of an indictment in the criminal matter, in which an international arrest warrant was
issued in the preliminary hearing, the court which indictment was contested shall issue a new international arrest warrant, if the
reasons for its issue remain. Otherwise, an arrest warrant issued in the preliminary hearing shall be waived. It shall similarly
proceed if during the criminal proceedings a change in the material or local jurisdiction of the court occurs.
(3) The waiver of an international arrest warrant does not exclude the issue of a new arrest warrant in the same
criminal matter.
(4) The court shall immediately inform the Ministry of Justice and the public prosecution on the waiver or issue of a
new international arrest warrant.
Section 492
(1) The court shall not issue an international arrest warrant, if
a) the imposition of a sentence other than an unconditional prison sentence or unconditional prison sentence shorter than four
months may be expected,
b) the prison sentence that is to be served or its remaining term is shorter than four months,
c) upon the extradition the Slovak Republic would incur costs or consequences disproportionate to the public interest in the
criminal prosecution or the serving of the prison sentence of the person whose extradition it concerns,
d) upon the request from a foreign State, the concerned person would suffer a detriment disproportionate to the importance of
the criminal proceedings or the consequences of the criminal offence, with particular regard to their age, social status, or family
situation.
(2) If any of the facts referred to in Subsection 1 occurs after the issue of the international arrest warrant, the court
may waive it.
Section 493
(1) If the matter cannot be deferred, the Ministry of Justice or the court competent to issue an international arrest
warrant may request the foreign authorities for the preliminary custody of the accused. In the preliminary hearing, the court shall
do so upon the petition of the public prosecutor. The request must include information referred to in Section 490 Subsection 3
Paragraphs a) and b), as well as the statement that an international arrest warrant was or will be issued against the accused
and their extradition will also be subsequently requested.
(2) The court shall inform the Ministry of Justice on the submission of such request without undue delay, and promptly
submit them an international arrest warrant prepared under Section 490.
Section 494
(1) The Police Force department shall refer the accepted person to the court, the judge of which issued an
international arrest warrant, without undue delay. If a person is extradited on the basis of international arrest warrants from
several courts, they shall be referred to the court based on the order of the Ministry of Justice. If the execution of punishment,
for the execution of which such person was extradited, has already been ordered, they shall be referred to the competent
institution for the execution of custody.
(2) Unless it is an extradition for the execution of punishment, the judge is obligated to interrogate the accused within
48 hours and, in the case of particularly serious crimes, within 72 hours from the referral and decide on their custody.
(3) The time spent during transit to the Slovak Republic is not included in the length of deadlines under Section 76. It
shall be decided by the court and, in the preliminary hearing upon the petition of the public prosecutor, the judge for the
preliminary hearing.
(4) The period referred to in Subsection 3 shall, however, be included in the length of punishment executed in the
Slovak Republic.
Section 495
(1) If the requested State extradited a person with an objection, the objection must be complied with.
(2) If the requested State extradites a person for criminal prosecution in the Slovak Republic only on the condition that
the Slovak authorities will allow such person to execute the punishment imposed before the Slovak court in the territory of the
requested State, the Ministry of Justice may not in such case refuse to grant their consent to the transfer under Section 522
Subsection 1. The provisions of Section 522 Subsection 2 shall not apply.
(3) If a person was requested or extradited for the serving of a prison sentence only for some of the criminal offences
for which a cumulative or multiple punishment was imposed upon them, the court shall set an appropriate punishment for the
criminal offences which the extradition concerns in a public hearing.
(4) If the requested State extradites a person who was imposed a punishment by a final judgment, for the serving of a
prison sentence, with an objection against the proceedings that preceded the issue of the judgment, they shall interrogate the
extradited person at the public hearing and
a) if the extradited person does not object against the imposed punishment, the court shall decide that the judgment shall be
enforced, or
b) if the extradited person disagrees with its enforcement, the court shall revoke the judgment to the necessary extent and
subsequently decide on custody. If factual findings must be found, the matter may be returned to the public prosecutor for an
additional investigation, in other cases the court shall continue in the proceedings on the basis of the original indictment after the
decision becomes final.
(5) The court that decided in the matter in the first instance has the jurisdiction in the proceedings under Subsection 4.
(6) A complaint against the decision under Subsection 4 Paragraph b), which has, unless it is a decision on custody, a
suspensive effect, is admissible.
Speciality Principal
Section 496
(1) A criminal prosecution cannot be conducted against an extradited person for criminal offences committed before
their extradition, other than those for which they were extradited.
(2) Subsection 1 shall not apply, if
a) the extradited person stays in the territory of the Slovak Republic for more than 15 days after their release from custody or
after serving a prison sentence, although they could have left,
b) the extradited person leaves the territory of the Slovak Republic and voluntarily returns, or is transported to the territory of the
Slovak Republic from a third State in a lawful manner,
c) the requested State waives the request of the specialty principle or grants additional consent for the criminal prosecution for
other criminal offences, or
d) in the proceedings on their extradition, the extradited person expressly waives the request of the specialty principle in
general, or in relation to specific criminal offences committed before their extradition.
(3) Subsection 1 shall not prevent the Slovak authorities from implementing measures which interrupt the course of
the limitation period.
(4) If the extradited person did not waive the request of the speciality principle under Subsection 2 Paragraph d), and
if it is permitted by an international treaty, the court that issued the international arrest warrant shall interrogate such person in
the presence of their defence counsel and instruct them on the possibility of waiving their speciality principle request as well as
on the consequences of such procedure. If the extradited person waives their specialty principle request, the court shall draw up
the transcript with them, which shall include the criminal offences that the waiver of the request of such principle concerns.
(5) The additional consent under Subsection 2 Paragraph c) also means a request of the extraditing State on the
acceptance of the criminal prosecution of the person extradited for criminal offences committed on its territory before their
extradition. The same shall apply to a criminal complaint filed by the requested State.
(6) The provisions of Section 489 and 490 shall apply to the submission of a request for the additional consent of the
requested State with the criminal prosecution for another criminal offence, other than the one that was the subject of the original
request for extradition.
(7) Subsection 1 through 4 and 6 shall also apply to a prison sentence that was imposed upon the extradited person
by the court of the Slovak Republic (hereinafter referred to as “Slovak court”) before their extradition, and who was not the
subject of the original request for extradition.
Section 497
(1) If the requested State fails to transfer the extradited person to the territory of the Slovak Republic after the issue of
the permission on the basis that they are being criminally prosecuted by the authorities of such State, or if they are to serve a
prison sentence imposed by their authorities in relation to a criminal offence other than the one that was the subject of the
request for extradition, a judge of the court that issued the international arrest warrant may request the Ministry of Justice to
provide a temporary acceptance of the requested person to the territory of the Slovak Republic for the performance of the acts
necessary to complete the criminal prosecution.
(2) The court shall state in the requests submitted to the Ministry of Justice for which actions the presence of the
requested person is necessary. At the same time, it shall indicate the date or period for which their presence is necessary to
provide.
(3) The provisions of Section 549 shall apply to the proceedings on the provision of the temporary acceptance of the
requested person accordingly.
Division II
Section 498
Extradition to a Foreign State
(1) The Ministry of Justice is competent to receive requests from foreign authorities for the extradition of a person from
the Slovak Republic to a foreign State.
(2) The request shall be submitted by the foreign authority in writing, and must include
a) an original or certified copy of the convicting judgment, an arrest warrant, or another order with the same effect,
b) a description of the criminal offences for which the extradition is being requested, including the time and place of their
commission and the legal classification,
c) the wording of the relevant legal regulations of the requesting State.
(3) If the documents and information referred to in Subsection 2 are not enclosed with the request or if the information
provided by the requesting State is insufficient, the Ministry of Justice shall request additional information, and it may set a
deadline for its submission.
Section 499
Criminal Offences Subject to Extradition
(1) The extradition of a person to a foreign State is admissible if the act for which the extradition is requested is a
criminal offence under the legal system of the Slovak Republic, and the upper penalty limit of the prison sentence that may be
imposed for such criminal offence is at least one year under the legal system of the Slovak Republic.
(2) The extradition of a person to a foreign State for the serving of the imposed prison sentence for a criminal offence
under Subsection 1 is admissible if the imposed sentence is to be served, or if its remaining term is at least four months.
Several punishments or outstanding remaining terms of such punishments shall be added.
Section 500
Additional Extradition
If the foreign authority requested the extradition of a person for several criminal offences, of which at least one meets
the terms referred to in Section 499 Subsection 1, the extradition is also admissible for the criminal prosecution for other
criminal offences, or for the execution of other punishments that would not normally be admissible due to the penalty of the
punishment or the remaining term of the punishment.
Section 501
Inadmissibility of Extradition
The extradition of a person to a foreign State is inadmissible, if
a) they are a citizen of the Slovak Republic, except for cases where an obligation to extradite such citizen is provided by law, an
international treaty, or the decision of an international organisation by which the Slovak Republic is bound,
b) it is a person who applied for asylum in the Slovak Republic or who was granted asylum or granted auxiliary protection, to the
extent of the protection provided to such persons by a special regulation or an international treaty; this shall not apply if it is a
person who requested asylum in the Slovak Republic repeatedly and their request for asylum has previously been finally
decided,
c) the criminal prosecution or the serving of a prison sentence are statute barred under the legal system of the Slovak Republic,
d) the act for which the extradition is requested is only a criminal offence under the legal system of the requesting State, but not
under the legal system of the Slovak Republic,
e) the criminal offence for which the extradition is requested is solely of a political or military nature,
f) the criminal offence was committed in the territory of the Slovak Republic, except where due to the specific circumstances of
the commission of the criminal offence the performance of the criminal prosecution in the requesting State should take
precedence due to the properly found merits, the punishment penalty, or its performance,
g) the person was finally convicted or freed by the Slovak court for a criminal offence for which their extradition was requested,
or
h) the requested person was not criminally liable for the criminal offence at the time of its commission under the legal system of
the Slovak Republic, or there are other reasons excluding their criminal liability.
Section 502
Preliminary Investigation
(1) The public prosecutor of the county prosecution, which the Ministry of Justice submitted a request from a foreign
authority for the extradition of a person to a foreign State, or in whose district a person whose extradition could be requested by
another State was apprehended or resides, shall perform a preliminary investigation. If a preliminary investigation commenced
before the serving of the request for extradition, the public prosecutor shall notify the Ministry of Justice of its commencement
without undue delay.
(2) The purpose of the preliminary investigation is to determine whether the terms for the declaration of the
admissibility of extradition have been met.
(3) In proceedings on extradition to a foreign State, the requested person must have a defence counsel.
(4) The public prosecutor shall interrogate the requested person and familiarise them with the contents of the request
for their extradition. They shall serve them a copy of the request and the convicting judgment, the international arrest warrant, or
another order that makes the basis for the request.
(5) If the requested person was remanded in preliminary custody or pre-extradition custody, the regulations on the
execution of custody shall apply to their contact with their defence counsel, correspondence in custody, and visits in custody
accordingly.
Section 503
Simplified Extradition Proceedings
(1) During the interrogation in the preliminary investigation, the public prosecutor shall advise the requested person on
the possibility of the performance of simplified extradition proceedings assuming the requested person agreed to their
extradition abroad, on the consequences of such consent, and on the possibility to withdraw such consent until the issue of the
decision on the admission of the extradition to a foreign State by the Minister of Justice.
(2) If the requested person consents to their extradition abroad, and if the international treaty allows it, the public
prosecutor shall instruct them on the possibility to waive the application of the specialty principle and the consequences of such
a procedure.
(3) If the requested person consents to the extradition abroad, the public prosecutor shall draft a transcript with them
in the presence of their defence counsel where their consent to the extradition shall be recorded, as well as their statement of
whether they waive or do not waive the application of the speciality principle and to what extent.
(4) If the requested person consents to the extradition abroad, the public prosecutor shall, after the completion of the
preliminary investigation, file a petition for their remand in extradition custody under Section 506 Subsection 2 at the court, and
after the decision of the court submit the matter to the Ministry of Justice along with the petition for the decision. The provisions
of Section 509 shall not apply.
(5) If the requested person withdraws their consent to their extradition at any time before the decision of the Minister
of Justice, after the preliminary investigation the matter shall be submitted to the court for a decision under Section 509.
(6) Even if the requested person consented to be extradited, the Minister of Justice may, before they decide on the
permission of the extradition, submit the matter to the court for a decision under Section 509.
Section 504
Detention
(1) At the request of the foreign authorities, the public prosecutor who is competent to perform the preliminary
investigation may give an order to a Police Force department to detain a person whose extradition will be requested by foreign
authorities. Simultaneously, they are not bound by the reasons for custody under Section 71.
(2) After the prior consent of the public prosecutor, the Police Force department may detain a person for whom the
foreign authorities declared a search, for the purposes of an extradition. Such person may be detained without such consent
only if the matter does not allow any deferral and the consent may not be provided in advance.
(3) The public prosecutor shall be notified of the detention without undue delay. If the public prosecutor fails to release
the detained person within 48 hours after the arrest, they shall submit to the court a petition for their remand into preliminary or
extradition custody within this deadline.
Section 505
Preliminary Custody
(1) The presiding judge of the County Court shall decide on the petition of the public prosecutor for the remand of the
detained person into preliminary custody within 48 hours after the submission of the detained person. Simultaneously, they are
not bound by the reasons for detention under Section 71. If the presiding judge fails to remand the detained person into
preliminary custody within the stated deadline, they shall release them to liberty.
(2) In the proceedings under Subsection 1, the competent court is the County Court in the jurisdiction of which the
person was arrested or in which they reside.
(3) The purpose of the preliminary custody is to provide the presence of the detained person in the territory of the
Slovak Republic until the State that is interested in the extradition of such person submits a request for their extradition under
Section 498.
(4) Preliminary custody may not last more than 40 days from the date the person was apprehended. The presiding
judge of the County Court, upon the petition of the public prosecutor performing the preliminary investigation, may decide on the
release of the person from the preliminary custody.
(5) If during the duration of the preliminary custody a request for extradition from a foreign authority is delivered, the
Ministry of Justice shall notify the public prosecutor performing the preliminary investigation. The presiding judge may remand
such person into extradition custody upon their petition if the terms referred to in Section 506 Subsection 1 have been met.
(6) The release of such person from preliminary custody does not exclude their repeated remand into preliminary
custody or their remand into extradition custody.
Extradition Custody
Section 506
(1) If it is necessary to ensure the presence of the requested person in the extradition proceedings in the territory of
the Slovak Republic, or to prevent the obstruction of the purpose of such proceeding, the presiding judge of the County Court
may remand them in extradition custody. They shall do so upon the petition of the public prosecutor performing the preliminary
investigation.
(2) If the requested person consents to the extradition or if it was decided that the extradition abroad is admissible, the
County Court shall remand such person in extradition custody, unless the presiding judge has already done so under
Subsection 1.
(3) The presiding judge of the County Court shall order the release of the person from the extradition custody through
an order on the day when the extradition of the person to the foreign authorities takes place, but no later than sixty days after
the decision of the Minister of Justice on the permission of the extradition to a foreign State; in the case referred to in Section
507, it must be no later than sixty days after the day of the commencement of the enforcement of the extradition custody,
provided the Minister of Justice decided on the permission of the extradition before such date. In addition, the presiding judge
shall also order the release from extradition custody, if
a) the State that requested the extradition withdraws their request,
b) the Supreme Court decides that the extradition is inadmissible or the Minister of Justice did not authorise the extradition, or
c) the reasons for the extradition custody, release, or its implementation have expired.
Section 507
(1) If the requested person is in custody in connection with their criminal prosecution by the Slovak authorities, or is
serving a prison sentence finally imposed by the Slovak court, the court shall remand the requested person in extradition
custody, such custody shall remain.
(2) If the reasons for custody or the execution of punishment referred to in Subsection 1 have expired, the remaining
term of the extradition custody shall expire and the requested person shall commence the execution of the extradition custody.
(3) The County Court, in which jurisdiction the requested person is in custody or serving a prison sentence, is
competent in the proceedings under Subsection 1.
(4) The preliminary investigation under Subsection 1 shall be performed by the public prosecutor competent under
Section 502 Subsection 1.
Section 508
(1) A complaint against the decision on custody under Section 505, Section 506 Subsection 1 and Section 507, which
does not have a suspensive effect, is admissible.
(2) The court shall notify the Ministry of Justice of all decisions concerning the custody.
Section 509
Decision of the Court
(1) After the completion of the preliminary investigation, the court shall, upon the petition of the public prosecutor,
decide on the admissibility of the extradition of the requested person to a foreign State and submit the matter to the Ministry of
Justice after the decision became final.
(2) The Country Court that decided on the preliminary or extradition custody is competent in the proceedings under
Subsection 1; if the proceedings on the preliminary or extradition custody never occurred, the county court, in which jurisdiction
the requested person resides, shall be competent.
(3) The court shall decide on the admissibility of the extradition at the closed hearing. Prior to the decision, it shall
allow the requested person and their defence counsel to comment on the request for extradition in writing. If the requested
person or their defence counsel requests it in such comments or if the court deems it necessary, the court shall decide on the
admissibility of the extradition at the public hearing.
(4) A complaint against the decision of the County Court, by which the admissibility of the extradition was pronounced,
by the public prosecutor, and the requested person, is admissible only for some of the reasons for the inadmissibility of the
extradition under Section 501; the complaint has a suspensive effect. Only the public prosecutor is entitled to file a complaint
against the decision by which the inadmissibility of the extradition was pronounced; the complaint has a suspensive effect.
(5) The Supreme Court shall decide on the complaint. The court of appeals shall refuse the complaint at the closed
hearing if it finds that it is not justified. If it does not dismiss the complaint, it shall revoke the contested decision and after the
completion of the proceedings, if necessary, decide on whether the extradition is admissible or inadmissible by a resolution. The
provisions of Section 506 Subsection 2 shall apply accordingly.
Section 510
Extradition Permission
(1) The Minister of Justice shall permit the extradition of a person to a foreign State; they shall not authorise the
extradition if the County Court or the Supreme Court decides that the extradition is inadmissible under Section 509.
(2) If the court pronounced that the extradition of a person abroad is admissible, the Minister of Justice may decide
that the extradition of the requested person shall not be authorised, if
a) there is a justified concern that the criminal proceedings in the requesting State do not comply or will not comply with the
principles of Articles 3 and 6 of the Convention on the protection of human rights and fundamental freedoms, or if the imposed
or expected prison sentence in the requesting State would not be served in compliance with the requirements of Article 3 of
such Convention,
b) there is a justified concern that the requested person would face persecution in the requesting State due to their origin, race,
religion, association to a certain ethnic group or another group, their nationality or for their political views, or that their situation
during the criminal proceedings or during the serving of a prison sentence would be worse,
c) the requested person would be disproportionately affected to their detriment by their extradition to a foreign State, given their
age and personal circumstances and taking into account the severity of the criminal offence with which they are charged,
d) the death penalty could be imposed in the requesting State for the criminal offence for which their extradition is requested,
except if the requesting State guarantees that the death penalty will not be imposed, or
e) the requesting State requests for extradition for the performance of the death penalty.
(3) If the Minister of Justice does not authorise the extradition, the Ministry of Justice shall submit the matter to the
General Public Prosecution for a criminal prosecution in compliance with the law system of the Slovak Republic.
Section 511
Deferral of Extradition and Preliminary Transfer
(1) If the presence of the requested person is necessary in the Slovak Republic for the purpose of the completion of
the criminal prosecution or serving of a prison sentence in connection with a criminal offence other than the one that is the
subject of the request for their extradition to the foreign State, the Minister of Justice may defer the extradition of such person to
the requesting State after the decision on the permission of the extradition.
(2) The Minister of Justice may decide to authorise the temporary transfer of the requested person to the requesting
State for the performance of the necessary actions. The temporary transfer may even be performed repeatedly.
(3) The provisions of Section 545 Subsection 2 Paragraphs b) and c), Section 546 Subsection 2 and Section 547 shall
apply to the temporary extradition accordingly.
(4) If the requested person was finally convicted for a criminal offence for which the extradition was permitted, during
the temporary extradition to the territory of the requesting State the Minister of Justice may, upon the petition of the requesting
State, decide on the deferral of their return to the territory of the Slovak Republic until the serving of a prison sentence in the
territory of the requesting State was completed. It may not therefore decide if the criminal prosecution of the requested person in
the Slovak Republic was not finally completed.
(5) The period during which the person was in custody during the temporary extradition shall be counted towards the
period of the execution of punishment executed in the Slovak Republic only to the extent where such period was not counted
towards the serving of a prison sentence in the territory of the requesting State. The period spent serving a prison sentence
imposed in the requesting State shall not be included in the period of the execution of punishment executed in the Slovak
Republic.
Section 512
Conflict of Requests for Extradition to a Foreign State
(1) If the Slovak authorities were served requests for extradition for the same person by several States, the terms for
the admissibility of the extradition shall be assessed in terms of each of those States separately.
(2) If the court decides that the extradition is admissible to several States, or if the requested person consents to the
extradition to several States, the Minister of Justice shall, together with the permission of the extradition, also decide which of
the States the requested person shall be extradited to first.
Section 513
Waiver from the Remaining Term of a Prison Sentence
(1) The Minister of Justice may waive the serving of a prison sentence or its remaining term if they permitted the
extradition of the convicted to a foreign State. If subsequently the extradition to a foreign State does not occur, the court shall
decide that the sentence or its remaining term shall be served.
(2) A complaint against the decision of the court under Subsection 1 is admissible.
Section 514
Additional Consent and Consent for another Extradition
(1) The provisions of this Division shall also apply to the proceedings on the request for the consent of the State to
which the person was extradited accordingly, so that the extradited person could be
a) prosecuted for a criminal offence other than the one for which their extradition was permitted, or so that a prison sentence
other than the one for which the extradition was permitted could be enforced, or
b) further extradited to a third State for criminal prosecution or the enforcement of a prison sentence.
(2) The authorities competent in the proceedings are those that performed in the matter of the original request for the
extradition of such person to a foreign State.
(3) Simplified extradition proceedings under Section 503 are not admissible.
(4) The court shall decide on the admissibility of the extradition at a closed hearing. The court shall perform on the
matter with the defence counsel of the requested person, and also serve them all documents. A complaint against the decision
on the admissibility of the extradition may be filed by the defence counsel.
CHAPTER THREE
ENFORCEMENT OF DECISIONS WITH RESPECT TO FOREIGN STATES
Division I
Recognition and Enforcement of a Foreign Decision
Section 515
Foreign Decisions
(1) The decision of the court of another State in a criminal matter (hereinafter referred to as “foreign decision”) only
has legal effects in the territory of the Slovak Republic if it is stipulated in an international treaty or law. A foreign decision by
which a punishment was imposed may be performed in the territory of the Slovak Republic only if it is recognised by the Slovak
court.
(2) A foreign decision may be recognised in a statement by which
a) a fault was pronounced, but the imposition of the punishment was conditionally deferred,
b) a prison sentence or a conditional prison sentence was imposed,
c) a monetary penalty or punishment by disqualification was imposed,
d) a conditional punishment or a monetary penalty was converted to a prison sentence, or
e) a forfeiture of assets or any part thereof, or items or their confiscation was pronounced, provided they are located in the
territory of the Slovak Republic (hereinafter referred to as “foreign assets decision”).
(3) A foreign decision by which the already recognised decision was changed in the statement on guilt has an effect in
the Slovak Republic without recognition.
(4) In relation to a legal entity, a foreign decision may only be performed in the territory of the Slovak Republic if they
were imposed a monetary sanction by a foreign decision, or their assets were forfeited. The enforcement of such foreign
decision against a legal entity shall be performed without its recognition by the Slovak court, unless the special regulation or an
international treaty stipulates otherwise.
Section 516
Terms of Recognition
(1) The foreign decision shall be recognised in the territory of the Slovak Republic if
a) an international treaty includes the possibility or obligation of recognition or the enforcement of foreign decisions,
b) it is valid in the convicting State or an appeal may no longer be filed against it,
c) the act for which the punishment was imposed is a criminal offence under the legal system of the convicting State as well as
under the legal system of the Slovak Republic,
d) the decision was issued in proceedings that comply with the principles contained in Article 6 of the Convention on the
Protection of Human Rights and Fundamental Freedoms,
e) the person was not convicted of a criminal offence that is of an exclusively political or military nature,
f) the execution of the punishment is not statute-barred under the legal system of the Slovak Republic,
g) the person has not yet been convicted of such act by the Slovak courts,
h) the foreign decision of another State against the same person and for the same act was not recognised in the territory of the
Slovak Republic, and
i) the recognition is not contrary to the protected interests under the provisions of Section 481.
(2) If the reason for the proceedings on the recognition is the procedure under Division II or Division III of this Chapter,
it is not an obstacle on the recognition of a foreign decision if at any time during the proceedings the convicted person withdraws
their consent to the extradition, if their consent is required, or if any of the terms for the procedure under Division II or Division III
of this Chapter expire. Due to the effects of such recognised decision, Section 519 Subsection 4 shall apply.
Section 517
Conversion of Punishment
(1) A foreign decision shall be recognised so that the Slovak court can replace the punishment imposed in it for a
punishment that it would have imposed if it had decided in the proceedings on the committed criminal offence. At the same time,
the Slovak court must not impose a more severe punishment than the one imposed by the foreign decision, or convert it to
another type of punishment.
(2) If the duration and type of prison sentence imposed by a recognised foreign decision is compatible with the legal
system of the Slovak Republic, the court shall simultaneously decide by the decision on the recognition that the punishment
imposed by a foreign decision shall continue without its conversion under Subsection 1. This procedure is excluded, if the court
recognises the foreign decision only for some of several criminal offences that the foreign decision concerns.
(3) The Slovak court shall also pronounce in the decision on the recognition of the foreign assets the decision to
which the forfeited assets or any part thereof or any items belong. Unless it pronounces otherwise, the validity of the decision on
the recognition, the owner of the assets, its part or items, is the Slovak Republic.
Section 518
Recognition Proceedings
(1) The petition for the recognition of a foreign decision shall be filed by the Ministry of Justice to the court, which shall
decide on it upon the written opinion of the public prosecutor at a closed hearing.
(2) The County Court in which jurisdiction the convicted resides, shall be competent in the proceedings under
Subsection 1. If the convicted does not reside in the territory of the Slovak Republic, the competent court in the proceedings is
Bratislava County Court. If it is a foreign assets decision, the County Court in which jurisdiction the assets or an item is situated,
which the foreign decision concerns, is competent in the proceedings.
(3) The County Court shall decide by a judgment, which shall be served to the convicted, public prosecutor, and the
Ministry of Justice.
(4) An appeal against the decision on the recognition of a foreign decision, which may be filed by the convicted, public
prosecutor, or the Minister of Justice, is admissible. The court of appeals shall refuse the appeal at the closed hearing if it finds
that it is not justified. If it does not dismiss the appeal, it shall revoke the contested decision and after the completion of the
proceedings, if necessary, decide on whether the foreign decision shall be recognised or not by a judgment.
(5) After the judgment on the recognition of a foreign decision becomes final, the County Court shall, along with the
judgment, return the annexes to their petition and the request from the foreign authority and its annexes to the Ministry of
Justice without undue delay, and send all information on the convicted person necessary for registration in the Criminal Register
to the Attorney General’s Office.
Section 519
Effects of the Recognised Foreign Decision
(1) The recognised foreign decision has the same legal effects as the judgment of the Slovak courts.
(2) If the foreign decision concerns several convicted persons, the recognition has effects only in relation to the
convicted person whom the petition for the recognition concerned.
(3) If the recognized foreign decision applies only to the partial conduct of the continuing criminal offence committed in
the territory of another State, the recognised foreign decision is not an obstacle to the criminal prosecution of the convicted for
other partial conducts of a continuing criminal offence committed in the territory of the Slovak Republic.
(4) If the convicted person, after the recognition of a foreign decision withdrew their consent for the transfer of the
execution of punishment, if such consent is required under the Division II or III of this Chapter, or if the transfer did not occur for
other reasons, the recognised foreign decision may be performed in the territory of the Slovak Republic only if the convicted
failed to serve the prison sentence in the convicting State to the full extent, or if they were conditionally released from the
serving of such sentence only if the convicting State requests the serving of the remaining term of the imposed sentence due to
the fact that the convicted person has not proven themselves competent during the probational period.
Section 520
Custody
(1) If it is necessary to provide the enforcement of foreign decisions, the court competent under Section 518
Subsection 2 may, at any time after the submission of a petition for the recognition of a foreign decision until the order of the
enforcement of the recognised foreign decision, decide on the remand in custody of a person upon whom a prison sentence
was imposed by a foreign decision and who is situated in the territory of the Slovak republic; the court is not bound by the
reasons for custody under Section 71.
(2) A complaint against the decision on the remand in custody, which does not have a suspensive effect, is
admissible.
Section 521
Enforcement Proceedings
(1) The recognised foreign decision may be enforced in the Slovak Republic in cases referred to in Section 522 and
Section 524 only after the Ministry of Justice has granted its consent.
(2) The enforcement of the recognised foreign decision shall be ordered by the District Court under which jurisdiction
the convicted person resides. If the convicted person does not have a residence in the territory of the Slovak Republic, the
District Court Bratislava I is competent for the order of the enforcement.
(3) The enforcement of the recognised foreign assets decision shall be ordered by the District Court under which
jurisdiction the assets or item that the decision concerns is located.
(4) The court competent under Subsection 1 and 2 shall decide on all other issues of the enforcement proceedings,
including the petition for the effacement of the conviction of the recognised foreign decision.
(5) If the convicted person is serving a prison sentence in a foreign State based on a foreign decision, which was
recognised by the Slovak court, the court shall order the enforcement of the recognised foreign decision before the date of the
submission of the convicted person for the serving of a prison sentence in the territory of the Slovak Republic.
(6) The court shall decide on the counting of the custody under Section 520 along with the order for the enforcement
of a prison sentence or, in the case referred to in Subsection 5, after the transfer of the convicted person to the territory of the
Slovak Republic, as well as the custody already counted and the prison sentence already served in a foreign State, and the
period in transit of the convicted person in the term of the sentence that is to be served.
(7) The court shall terminate the execution of punishment of the recognised foreign decision as soon as the State
whose decision it is, informed them of the amnesty, pardon or other decision or measure, due to which the foreign decision
became no longer enforceable. If the punishment was forgiven by an amnesty, pardon or another decision or measure only in
part, the court shall decide on which punishment is still to be enforced. A complaint against such decision of the court is
admissible.
(8) Otherwise, the provisions of this Act relating to the enforcement proceedings shall apply to the enforcement of the
recognised foreign decision accordingly.
Section 521a
Performance of a Foreign Decision against a Legal Entity
(1) The petition for the performance of a foreign decision under Section 515 Subsection 4 shall be submitted by the
Ministry of Justice to the court, which shall decide at the public hearing. The court shall examine whether the enforcement of the
foreign decision is not in conflict with the protected interests stipulated in Section 481. Unless it reveals such conflict, after the
comment of the public prosecutor, it shall decide by a resolution on the enforcement of the foreign decision; otherwise, it shall
refuse the petition.
(2) The District Court, under which jurisdiction the assets of the legal entity is located, is competent to make a
decision under Subsection 1; if several courts have jurisdiction, the court competent in the proceedings is the one which the
Ministry of Justice submitted the petition to.
(3) A complaint may be filed against the resolution under Subsection 1, by the public prosecutor, Ministry of Justice,
and the party to an action. The complaint has a suspensive effect.
(4) The provisions of this Act on the enforcement of the protective measures by the confiscation of assets or monetary
sum shall apply to the enforcement of the foreign decision after the resolution became final under Subsection 3 accordingly.
Division II
Acceptance and Transfer of the Convicted Person for the Enforcement of a Prison Sentence
Section 522
Acceptance of the Convicted Person for the Enforcement of a Prison Sentence from a Foreign State
(1) The Ministry of Justice shall decide on the acceptance of the person for the serving of a prison sentence imposed
by a foreign decision in the territory of the Slovak Republic under an international treaty, upon the petition of the convicting State
or the convicted person.
(2) The Ministry of Justice may give consent to the acceptance of the convicted person or request the convicting State
for their transfer after the foreign decision was recognised under Division I of this Chapter.
(3) This provision shall also apply to the transfer of a person for the enforcement of a prison sentence imposed by a
foreign authority if the convicted person is located in the territory of the Slovak Republic.
Section 523
Transfer of the Convicted Person for the Enforcement of a Prison Sentence in a Foreign State
(1) The Ministry of Justice shall decide on the transfer of a convicted person by the Slovak court for the enforcement
of a prison sentence in the territory of another State under an international treaty.
(2) The transfer may be authorised upon the petition of the convicted person, the State in which they are to be
transferred, or the court that issued the convicting judgment in the first instance. If the petition was not submitted by the
competent court, its consent to the transfer is the condition of the permission.
(3) The District Court under which jurisdiction the person is serving a prison sentence shall issue an order for the
transfer of the convicted person to a foreign State, or issue an order for the transfer of the convicted person to foreign
authorities upon the permission of the transfer.
(4) The Slovak authorities lose the possibility of continuing the execution of the punishment upon the transfer of the
convicted person for the execution of punishment to another State; this shall not apply if the convicted person is returned to the
territory of the Slovak Republic without the punishment being executed in the State to which they were transferred to its full
extent, or they were conditionally released from the execution of such punishment in such State. If the execution of punishment
continues after the return of the convicted person to the territory of the Slovak Republic, the already executed punishment in a
foreign State shall be counted towards the execution of such punishment.
(5) With the exception of Subsection 3, this provision shall also apply to the transfer of a person for the enforcement
of a prison sentence that was imposed by the Slovak court in another State accordingly, if the convicted person is already in its
territory.
Division III
Acceptance and Transfer of the Enforcement of the Conditional Punishment with Supervision
Section 524
Decision on Acceptance of Enforcement of the Conditional Punishment with Probational Supervision from a
Foreign State
(1) If an international treaty allows it, at the request of a foreign authority, the Ministry of Justice may decide that the
Slovak authorities
a) will monitor the behaviour of the convicted person during the probational period imposed by a foreign decision, or
b) shall decide, in addition to monitoring the behaviour of the convicted person during the probational period, even whether the
convicted person has proven themselves competent or not during the probational period, or whether the conditionally imposed
or deferred prison sentences or its remaining term is to be enforced.
(2) The recognition of the foreign decision under the Division I of this Chapter must precede the decision under
Subsection 1.
Section 525
Procedure of the Slovak Authorities
(1) After the decision under Section 524, the District Court under which jurisdiction the convicted person resides shall
monitor the behaviour of the convicted person during the probational period in compliance with the imposed terms through a
probation and mediation officer.
(2) The court shall inform the Ministry of Justice of all facts that may affect the assessment of whether the convicted
person has proven themselves competent during the probational period.
(3) If it was decided under Section 524 Subsection 1 Paragraph a), the court shall submit the report on the behaviour
of the convicted person during the probational period to the Ministry of Justice after the expiry of the probational period. The
court shall not decide that the convicted person has proven themselves competent, or that the punishment shall be enforced,
nor shall it order the enforcement of such punishment.
(4) If it was decided under Section 524 Subsection 1 Paragraph b), the court under Subsection 1 is competent to
decide whether the convicted person has proven themselves competent or whether the punishment shall be enforced. If it
decides that the punishment shall be enforced, the court shall order its enforcement. The provisions of Section 521 shall apply
accordingly.
Section 526
Request and Transfer of the Enforcement of the Conditional Punishment to a Foreign State
If an international treaty so allows, the court that imposed a conditional prison sentence upon a person who resides in
a foreign State, or conditionally releases such persons from serving a prison sentence, shall submit a petition to the Ministry of
Justice so that the State in which the convicted person resides, decides that its authorities
a) will monitor the behaviour of the convicted person during the probational period, or
b) in addition to monitoring the behaviour of the convicted person, they shall also decide on whether the convicted person has
proven themselves competent, or order the execution of punishment if the convicted person has not proven themselves
competent during the probational period.
Section 527
Consequences of the Transfer of the Execution of the Conditional Punishment
(1) If the requested State decided under Section 526 Paragraph a), the Slovak court remains competent to decide on
whether the convicted person has proven themselves competent during the probational period or whether the punishment shall
be enforced. The final decision that the punishment will be executed shall be submitted, if necessary, to the Ministry of Justice
for the purpose of the submission of the request on the enforcement of such decision in the requested State.
(2) If the requested State also decided on the acceptance of the punishment for cases where the convicted person
has not proven themselves competent during the probational period, the further execution of punishment in the territory of the
Slovak Republic is not possible, if
a) the foreign authority decided that the punishment shall be enforced and the convicted person executed it to the full extent, or
b) the foreign authority decided that the convicted person has proven themselves competent during the probational period.
(3) The foreign decision under Subsection 2 has the same legal effects in the territory of the Slovak Republic as if it
was issued by the Slovak court.
CHAPTER FOUR
ACCEPTANCE AND TRANSFER OF THE CRIMINAL MATTER
Section 528
Acceptance of the Criminal Matter
(1) The Attorney General’s Office shall inform the Ministry of Justice on the request of the foreign authority that the
criminal proceedings which are performed by such authorities shall be accepted by the Slovak authorities.
(2) In the case of a positive decision on a request under Subsection 1, the Attorney General’s Office shall give rise to
the materially and locally competent prosecution for the procedure under this Act without undue delay.
(3) The act performed by the authorities of the requesting State in compliance with the legal system of such State has
the same validity in the Slovak Republic as if it was made by the Slovak authorities, under the condition that its acceptance does
not give such act a larger evidence value than the one it already had in the requesting State.
(4) If the requesting State withdraws its request on the acceptance of the criminal matter due to the fact that it will
continue in the criminal matter, the Slovak authorities shall lose the power to continue in the criminal proceedings.
Section 529
Transfer of the Criminal Matter
(1) If the accused that has a criminal proceeding against them in the Slovak Republic is a foreign national or resides
in their territory, the Slovak authorities may put a notion forward that the criminal prosecution was transferred to such State.
(2) The Minister of Justice decides on the transfer of the criminal proceedings to a foreign State; if the matter is at the
stage before the submission of an indictment, they shall decide upon the petition of the Attorney General’s Office.
(3) The notion for the transfer of the criminal proceedings may be submitted particularly if
a) the extradition of the accused for the criminal prosecution from the requested State is not possible, if it was refused by these
States or if the request from a foreign State was waived for other reasons,
b) the criminal prosecution in the requested State appears to be cost-effective and efficient, in particular in the interest of the
objective findings of the merits, or the execution of punishment,
c) the accused was or is supposed to be extradited to the requested State, or if it may be assumed for other reasons that the
criminal prosecution in such State may be performed in their presence,
d) the extradition of a person, who was finally convicted by the Slovak courts to a prison sentence, is not possible or was
refused by the requested State, and the punishment imposed may not be enforced in the requested State.
(4) If the requested State decides that it assumes the criminal proceedings, then the criminal prosecution of the
accused for a criminal offence for which the criminal proceedings were transferred may not continue in the territory of the Slovak
Republic, nor may they order an execution of the imposed punishment for a criminal offence for which the criminal proceedings
were transferred.
(5) The Slovak authorities may continue the criminal prosecution or order the execution of punishment, if the
requested State
a) notifies that it will not act in the matter,
b) additionally revokes its decision on the acceptance of the criminal proceedings, or
c) notifies that it will not continue in the proceedings.
Section 530
Information on the Execution of the Subsidiary Criminal Jurisdiction
Upon the request of a foreign authority, which acts or intends to act on a criminal offence committed in a foreign
State, the information on whether such criminal offence is also prosecuted by the Slovak authorities shall be submitted by the
Attorney General.
CHAPTER FIVE
LEGAL ASSISTANCE IN RELATION TO FOREIGN STATES
Division I
Subject of the Legal Assistance
Section 531
Definition of the Subject
Legal assistance means actions after the commencement of the criminal proceedings in the Slovak Republic
performed in a foreign State on the basis of a request from the Slovak authorities, or such actions performed in the territory of
the Slovak Republic upon the letter rogatory of the foreign authorities, in particular the serving of documents, interrogation of
persons, and performance of other evidence.
Division II
Letters Rogatory of the Slovak Authorities
Section 532
Method of Serving Letters Rogatory
(1) A letter rogatory of the Slovak authorities of the preliminary hearing on legal assistance shall be sent to a foreign
State through the Attorney General’s Office. Letters rogatory of the Slovak courts shall be sent to a foreign State through the
Ministry of Justice. The diplomatic path is not thereby excluded.
(2) If an international treaty so allows, the Slovak authorities may send their letters rogatory to a foreign State also in a
manner other than that referred to in Subsection 1. A police officer may only send the letters rogatory to a foreign State through
a public prosecutor.
Section 533
Contents and Form of Letters Rogatory
(1) The letter rogatory must, besides the precise definition of the requested act of legal assistance, also contain a
copy of the factual circumstances of the act that the letters rogatory concern, the legal classification with the literal wording of
the legal statutory provisions, information on the accused or victim or a witness, if their interrogation is requested, and any other
data necessary for the proper provision of the requested legal assistance.
(2) The letter rogatory must contain the precise indication of the requesting authority, the criminal matter reference
number, date and it must be confirmed by the signature of the responsible official person and the imprint of an official stamp of
such authority.
(3) The letters rogatory and the enclosed documents shall be accompanied by the translation into a foreign language
prepared by an official translator, if the translation is required in relation to the requested State.
Section 534
Serving Mail in a Foreign State
The serving of documents by mail to a person in a foreign State is only possible if it is permitted by an international
treaty.
Section 535
Validity of Actions
Serving to the foreign authorities performed upon the request of the Slovak authorities, as well as the evidence
performed before it are effective, if they were performed in compliance with the legal system of the requested State or if they
suit the legal system of the Slovak Republic.
Section 536
Summons of Persons from a Foreign State
(1) If the presence of a person who resides in a foreign State is necessary for the action, then the summons shall be
served to them in the form of letters rogatory. The presence of such person may not be enforced through the use of coercive
measures.
(2) A person who appears in the territory of the Slovak Republic on the basis of a summons may not be criminally
prosecuted, convicted, or their personal freedom restricted for a criminal offence that they committed before their entry into the
territory of the Slovak Republic.
(3) The criminal prosecution, conviction, or restriction of personal freedom of the summoned person is however
admissible
a) for a criminal offence for which the person was summoned as an accused,
b) if the summoned person stays in the territory of the Slovak Republic after the performance of the act for a period of more than
15 days, despite the fact they could have left,
c) if the summoned person voluntarily returns or is transported back to the territory of the Slovak Republic from a foreign State in
a lawful manner after their departure from the territory of the Slovak Republic.
Division III
Letters Rogatory of Foreign Authorities
Section 537
Method and Form of Letters Rogatory Processing
(1) The Slovak authorities shall perform the legal assistance requested by the foreign authorities in the manner
regulated by this Act or an international treaty. If legal assistance is provided under an international treaty in a manner which is
not governed by this Act, the competent public prosecutor shall decide in what manner the legal assistance should be
performed.
(2) The requested legal assistance may be performed upon the request of a foreign authority under a legal regulation
of the requesting State, if the requested procedure is not contrary to the interests protected by the provisions of Section 481.
(3) For the performance of letters rogatory under Section 539 Subsection 1, it is requested that the act, which the
letters rogatory concern, is a criminal offence not only under the legal system of the requesting State, but also the legal system
of the Slovak Republic.
Section 538
Jurisdiction for the Processing of Letters Rogatory
(1) The letters rogatory of a foreign authority for legal assistance shall be served to the Ministry of Justice.
(2) To ensure the processing of a letter rogatory from a foreign authority for legal assistance, the district prosecution,
under which jurisdiction the requested act of legal assistance is to be performed, is competent. If the local jurisdiction is given to
several public prosecutions, the Ministry of Justice shall send the letters rogatory to the Attorney General’s Office for a decision
as to which of the public prosecutions shall provide its processing.
(3) If a foreign authority requests the performance of an interrogation or another act of legal assistance by the court
due to the application of the act in the criminal proceedings in the requesting State, the public prosecutor shall submit the letters
rogatory of a foreign authority to this extent to the District Court under which jurisdiction the act of legal assistance is to be
performed, for processing. If the subject of the letters rogatory is solely an act which is to be performed by the court, the Ministry
of Justice shall serve the request directly to the competent court.
Section 539
Permission of an Act of Legal Assistance for the Courts
(1) If the order of the court under this Act is necessary for the performance of evidence requested by a foreign
authority, the court shall issue an order upon the petition of the public prosecutor providing the processing of the letters
rogatory.
(2) If the act of legal assistance is to be performed under a foreign regulation, the court shall decide, upon the petition
of the public prosecutor, whether the procedure under the foreign regulation is not contrary to the interests protected by the
provisions of Section 481. If they do not find such conflict, the act shall be permitted and they shall simultaneously decide on the
manner of its performance. The public prosecutor may file a complaint against the decision of the court, which has a suspensive
effect. The decision of the court on the conflict of the procedure under a foreign regulation shall not be required if it is a serving
of documents or instruction of the person under a foreign regulation.
(3) The District Court under which jurisdiction the act of legal assistance is to be performed is competent to make a
decision under Subsection 1 and 2.
Section 540
Acts of Foreign Authorities
(1) Foreign authorities may not separately perform the acts of legal assistance in the territory of the Slovak Republic.
(2) A foreign consular office active in the territory of the Slovak Republic may perform, ensuing from the permission of
the authorities of the sending State, an act for the purposes of the criminal proceedings for such authorities on the basis of
consent from the Ministry of Justice. The consent from the Ministry of Justice is not necessary for the serving of documents to a
national of the sending State, or for the interrogation of a person if they appear voluntarily.
(3) The presence of the representatives of foreign authorities and other persons in an act of legal assistance
performed by the Slovak authorities is only possible with the consent of the public prosecutor. The court shall grant such
consent if it performs the act itself.
Section 541
Serving of Documents
(1) If a document intended to be served to an addressee in the Slovak Republic is issued in the Slovak language or in
a language which may be assumed that, given all the circumstances of the case, is the language the addressee can
understand, or if the translation into such language is enclosed to it and it does not require personal serving, it shall serve the
addressee the document under the provisions of this Act for the serving into their own hands. Serving of a consignment by
deposit may only be performed during repeated attempts of serving.
(2) If the document is not written in the language under Subsection 1 and there is no translation enclosed with it into
such language, which the requesting authority was not obliged to provide such translation under an international treaty, a copy
of the translation into the Slovak language shall be provided by an authority performing legal assistance and subsequently
served it under Subsection 1. Otherwise, the document shall be served to an addressee only if the addressee is willing to accept
it after the instruction on the possibility of refusal of its serving.
(3) If the requesting authority requests the personal serving of the documents, they must be served to the addressee
in person. In such case, the serving under Subsection 1 is not possible and if it is not possible to serve the documents even
after the repeated attempts in person, the serving authority shall return the unprocessed letters rogatory and state their reasons
in the accompanying letter. The addressee shall confirm acceptance of the documents in the delivery note of the requesting
authority or in the transcript of the requesting authority by their signature. If the addressee refuses to accept the documents for
reasons referred to in Subsection 2, the serving authority shall indicate such fact in the served letter of the requested authority
or in an accompanying letter, which shall return the letters rogatory to the requesting authority.
Section 542
Interrogation under Oath
(1) If a foreign authority so requests, the witnesses, experts and parties may be interrogated under oath; they must be
advised on the significance of the testimony and the consequences of perjury before taking the oath.
(2) The oath for witnesses and participants reads: “I swear on my honour and conscience that I will tell the truth and
will not knowingly withhold anything.”
(3) An oath for experts reads: “I swear on my honour and conscience that I give my opinion to my best knowledge and
belief. I declare that I am aware of the criminal consequences of filing a false expert opinion.”
Division IV
Some Special Forms of Legal Assistance
Section 543
Transit
(1) The Minister of Justice decides on the permission to transport a person across the territory of the Slovak Republic
for the purpose of a criminal prosecution or the enforcement of a prison sentence in a foreign State on the basis of a request
from the foreign authorities. During the transit, the personal freedom of the transported person shall be restricted in order to
prevent their escape; means of coercion under a special regulation shall apply to the restriction of the personal freedom of the
transported person.
(2) The permission for transit for purposes that also involves a reverse transit across the territory of the Slovak
Republic after the performance of the act in a foreign State, is also the permission for such reverse transit.
Section 544
Crossborder Surveillance
(1) The Police Force department may, under the terms set out in an international treaty, enter the territory of another
State for the purpose of the surveillance of a person and continue the surveillance of a person in the territory of another State.
(2) The order for the procedure referred to in Subsection 1 shall be issued by the presiding judge and, in the
preliminary hearing, the public prosecutor.
(3) If the matter cannot be deferred, the procedure under Subsection 1 is also possible without the order on the basis
of the consent of the President of the Police Force, or a person authorised by them. The authority, which would otherwise be
competent to issue an order under Subsection 2, must be immediately notified of this fact.
(4) Foreign authorities may perform cross-border surveillance in the territory of the Slovak Republic under the terms
set out in an international treaty. If an international treaty does not specify which authority of the Slovak Republic is competent
to grant consent to perform the cross-border surveillance in the Slovak Republic, such consent shall be granted by the public
prosecutor and in urgent cases, the President of the Police Force or a person authorised by them. The President of the Police
Force or a person authorised by them shall inform the competent public prosecutor on the granted consent without undue delay,
who shall decide to continue the surveillance.
Temporary Transfer of a Person to a Foreign State for the Performance of Actions
Section 545
(1) Upon the request of a foreign authority, a person in custody or serving a prison sentence in the territory of the
Slovak Republic may be temporarily transferred to a foreign State for the purposes of evidence.
(2) The person referred to in Subsection 1 may be temporarily transferred only if
a) they are not in the position of an accused during the proceedings in a foreign State and if they agree with the temporary
transfer,
b) their absence does not change the purpose of custody or the prison sentence served in the territory of the Slovak Republic,
and
c) the temporary transfer does not unreasonably extend the duration of custody which is executed in the territory of the Slovak
Republic, or does not extend a prison sentence served in the territory of the Slovak Republic.
Section 546
(1) The Minister of Justice shall decide on the permission of the temporary transfer of a person. In their decision, they
shall specify a reasonable period within which the temporarily transferred person must be returned to the territory of the Slovak
Republic.
(2) The District Court under which jurisdiction the person is in custody or serves a prison sentence, shall issue an
order for the transfer of the person abroad after the permission of the temporary transfer.
Section 547
(1) The period during which such person is in custody in a foreign State shall not be counted in the periods under
Section 76. The decision on it shall be made by the presiding judge and, in the preliminary hearing upon the petition of the
public prosecutor, the judge for the preliminary hearing.
(2) The period referred to in Subsection 1 shall be included in the length of punishment executed in the Slovak
Republic.
(3) A complaint against the decisions under Subsection 1 or 2 is admissible.
Section 548
The provisions of Section 545 through 547 shall also apply to the transfer of a person to a foreign State accordingly,
so that they could participate in the actions of legal assistance performed in the territory of another State upon the petition of the
Slovak authorities.
Section 549
Temporary Acceptance of a Person from a Foreign State for the Performance of Actions
(1) If the presence of a person other than the accused is necessary in criminal proceedings in the territory of the
Slovak Republic for evidence purposes and such person is in custody or serving a prison sentence in a foreign State, the public
prosecutor or the court shall request for the provision of the temporary transfer of such person to the territory of the Slovak
Republic from the Ministry of Justice. The request shall state for what actions the presence of such person is necessary, and
indicate the date and timescale for which the presence of such person must be provided.
(2) If the requested State permits the temporary transfer of a person to the Slovak Republic, the presiding judge and,
in the preliminary hearing upon the petition of the public prosecutor, the judge for the preliminary hearing, shall decide that such
person shall remain in custody during the period of their temporary transfer to the Slovak Republic. The resolution shall state
that the custody shall commence of the day of acceptance of such person in the territory of the Slovak Republic.
(3) The provisions of Subsection 1 and 2 shall also apply to the transfer of a person from abroad accordingly, so that
they can participate in the actions of legal assistance performed in the territory of the Slovak Republic upon the petition of
foreign authorities.
Section 550
Transfer of Items
(1) Upon the request of foreign authorities, the seizure of items and their subsequent transfer to a foreign State may
be performed.
(2) The requested authority may defer the transfer of the seized item if the Slovak authorities require it in the criminal
proceedings.
(3) During the transfer of the seized item, the requested authority shall request the foreign authority for its return.
However, it may expressly waive such right or consent to it so that the items are returned directly to its owner.
(4) These provisions shall also apply to the transfer of items which were seized from an extradited person accordingly.
If possible, such item shall be transferred to the foreign authorities along with the extradited persons.
Section 551
Seizure of Assets
(1) Under the terms set out in an international treaty, the court may, on the basis of the request from a foreign
authority upon the petition of the public prosecutor, decide on the preliminary seizure of movable assets, immovable assets,
bank accounts funds in the branch of a foreign bank, securities or other assets that are in the territory of the Slovak Republic
intended for the commission of a criminal offence, used for the commission of a criminal offence or are the proceeds of criminal
activity and its forfeiture or confiscation may be assumed. The provisions of Section 95 Subsection 3, 4 and 6, and Section 96
Subsection 3 and 5, shall apply accordingly.
(2) The District Court under which jurisdiction the assets are situated shall be competent to decide on the petition
under Subsection 1 as to which assets are to be seized.
(3) If the matter cannot be deferred, the public prosecutor may issue an order under Subsection 1, which must be
confirmed by the judge competent under Subsection 2 no later than within 48 hours, otherwise it shall expire.
(4) The District Court shall revoke the preliminary seizure on the basis of a motion from a foreign authority which
requests the preliminary seizure or based on the terms referred to in an international treaty. The District Court may revoke the
preliminary seizure even when the foreign State fails to request the performance of the foreign assets decision concerning the
seized assets within a reasonable period.
Section 552
Information from the Criminal Register
The Attorney General’s Office is competent to accept the request from a foreign authority on the provision of
information from the Criminal Register.
PART SIX
COSTS OF CRIMINAL PROCEEDINGS
Costs of Criminal Proceedings Borne by the State
Section 553
(1) The costs necessary for the performance of the criminal proceedings, including the costs of the enforcement
proceedings, shall be borne by the State; however, it shall not bear the costs of the accused, the party to an action, and the
victim or the expenses associated with the selection of the defence counsel or a proxy. However, the State shall bear the costs
for the mandatory defence counsel, which the accused incurred as a result of an appellate review filed by the Minister of Justice
or Attorney General.
(2) The defence counsel who was appointed for the accused is entitled to remuneration and reimbursement from the
State under the rates set out in a special regulation, unless the law stipulates otherwise.
(3) The law enforcement authority or the court shall decide on the petition under Subsection 2 within 30 days after it
has been filed. The law enforcement authority or the court shall pay the granted remuneration and reimbursement of cash
expenses within 90 days after such decision became final.
(4) A representative from the ranks of attorneys who was appointed for the victim under Section 47 Subsection 6 is
entitled to remuneration and reimbursement from the State under the rates set out in a special regulation for the proceedings on
civil matters.
(5) The law enforcement authority, by the decision of which the criminal prosecution was finally completed, shall
decide on the amount of the remuneration and reimbursement upon the petition of the defence counsel or the representative
from the ranks of attorneys, who was appointed for the victim under Section 47 Subsection 6; the public prosecutor may
authorise the assistant prosecutor with the decision in the preliminary hearing and the presiding judge of the court of first
instance or a high court clerk authorised by them shall decide in the proceedings before the court.
(6) A complaint against the decision under Subsection 4, which has a suspensive effect, is admissible.
Section 554
(1) If the accused, witness or another person, who was duly notified of the action or summed to such action, causes
the act to not be performed in the preliminary hearing or the main trial or the public hearing to be adjourned by an unjustified
lack of their presence, is obligated to pay the costs associated with the repetition of the act or with the new main trial or public
hearing, as well as the costs which the person who participated in the act incurred, unless they are entitled to the
reimbursement of costs by the State. The accused, witness and other persons must be instructed on this.
(2) The law enforcement authority or the court, which act was obstructed or which performed a proceeding on the
basis of an intentionally false notification, shall decide on the amount of the reimbursement under Subsection 1. The public
prosecutor may authorise the assistant prosecutor in the preliminary hearing to make such decision. In proceedings before the
court, the presiding judge or a high court clerk authorised by them shall decide.
(3) The amount and method of payment of the increased costs of criminal proceedings under Subsection 1 shall be
set out under a generally binding regulation issued by the Ministry of Justice.
(4) A complaint against the decision under Subsection 2, which has a suspensive effect, is admissible.
Obligation to Pay the Costs of the Criminal Proceedings
Section 555
(1) If the defendant was finally found guilty, they are obligated to pay the State
a) the costs associated with the performance of custody,
b) the costs associated with a prison sentence,
c) the remuneration and reimbursement paid to the appointed defence counsel and the appointed representative from the ranks
of attorneys under Section 47 Subsection 6, provided they are not entitled to a free defence or a defence for a reduced rate,
d) other costs borne by the State by set payment.
(2) The payment of the costs associated with the performance of custody and the enforcement of a prison sentence
shall by governed by a special regulation.
(3) A set amount under Subsection 1 Paragraph d) shall be set out under a generally binding legal regulation issued
by the Ministry of Justice.
(4) If the victim failed to demonstrate that the appointment of the representative under Section 47 Subsection 6 was
justified, they are obligated to pay the State the costs associated with their claim.
Section 556
(1) A person who submitted an entirely unsuccessfully appellate review or a petition for a retrial is obligated to pay the
State the costs of the proceedings on such appellate review or petition for a retrial through a set rate, which shall be set out by
the Ministry of Justice through a generally binding legal regulation. Furthermore, they are obligated to pay the State the
remuneration and reimbursement of the defence counsel, if they were appointed in connection with this proceeding, if the
accused is not entitled to a free defence or a defence at the reduced rate.
(2) The obligation to pay the reimbursement under Subsection 1 shall not affect the public prosecutor or the body for
the social and legal protection of children and social curatorship.
Section 557
Obligation to Pay the Costs of the Victim
(1) If the victim was at least partially granted a claim for the damages, the convicted person, whom the obligation for
the payment of damages was imposed upon, is obligated to reimburse the costs necessary for the purposeful application of their
claim in the criminal proceedings to them, including costs incurred by taking on a proxy.
(2) The court may, depending on the circumstances of the case, decide upon the petition of the victim that the
convicted person shall have an obligation imposed upon them to reimburse the victim the total costs or part thereof, which are
associated with the participation of the victim in the criminal proceedings, even if the victim was not granted an entitlement to
damages, even partially.
Decision on the Obligation to Pay the Costs of the Criminal Proceedings and its Value
Section 558
(1) The presiding judge of the court of first instance or an a court official authorised by them shall decide on the
obligation to reimburse the costs of the victim and its amount, as well as the obligation to reimburse the costs associated with
the performance of custody, and on the obligation to reimburse the remuneration and the costs which were paid by the State to
the appointed defence counsel and the appointed representative from the ranks of attorneys under Section 47 Subsection 6
after the judgment became final.
(2) Before making a decision on the obligation to pay the costs of the criminal proceedings under Section 555
Subsection 1 Paragraph c), it is necessary to ascertain whether the terms for a free defence, free representation of the victim,
defence at a reduced rate, or representation at the reduced rate were not met.
(3) A complaint against the decision under Subsection 1, which has a suspensive effect, is admissible.
Section 559
If the costs determined by the set amount were not paid by duty stamps, the presiding judge of the court of first
instance or a high court clerk authorised by them shall decide on the obligation to pay them after the judgment became final.
PART SEVEN
COMMON, INTERIM AND FINAL PROVISIONS
Section 560
This Act addresses the legally binding acts of the European Union listed in the Annex.
Section 561
(1) Details of work management and the procedure for processing criminal matters by the District Courts and County
Courts shall be governed by the generally binding legal regulation issued by the Ministry of Justice.
(2) Details of the terms and procedures of the public prosecutor during the proceedings on an agreement on guilt and
punishment shall be governed by the generally binding legal regulation issued by the Ministry of Justice.
(3) Details on file preparation including the numbering of pages and the preparation of its content by the law
enforcement authorities and the courts shall be governed by the generally binding legal regulation issued by the Ministry of
Justice, in agreement with the Ministry of Interior of the Slovak Republic.
Section 562
(1) In the registered office of Bratislava County Court and Kosice District Court, the District Court under Section 16
Subsection 1 means the District Court Bratislava I and District Court Kosice I. In the matters under Section 16 Subsection 2, the
District Court in the registered office of the County Court means a District Court stipulated in the special Act.
(2) The District Court in the registered office of the County Court has the jurisdiction to act in the first instance even on
the criminal offences under previously effective regulations, which in terms of their nature and severity correspond to the
criminal offences referred to in Section 16 Subsection 1.
(3) The decisions and measures concerning the enforcement of judgments pronounced by the Supreme Court as the
court of first instance shall be issued by the District Court Bratislava I.
Section 563
If in the generally binding legal regulations pronounced into the validity of this Act uses the term law enforcement
authority, it means a public prosecutor, police officer, and the court under this Act unless, due to the nature of the matter, it
follows that it means only a public prosecutor or police officer.
Section 563a
If the term “special court” is used in the generally binding legal regulations in all forms, it means “Specialised Criminal
Court” in the appropriate form.
Section 564
(1) A criminal prosecution commenced before the date this Act comes into effect and the actions performed in it have
the same effects as a criminal prosecution commenced and the actions performed under this Act.
(2) The deadlines for investigation under this Act commence from the date this Act comes into effect.
(3) In matters in which an indictment was submitted at the District Court before the date this Act comes into effect, the
District Court shall perform the proceedings under the current regulations. Proceedings on an appeal against such decision shall
be performed by the District Court under the current regulations. The same shall apply if the non-competent court referred the
matter to the District Court.
(4) In matters in which an indictment was submitted to the District Court for the performance of the proceedings in the
first instance before the date this Act comes into effect, the competent County Court shall perform the proceedings in the first
instance under the current regulations. Proceedings on an appeal against such decision shall be performed by the Supreme
Court under the current regulations. The same shall apply if the non-competent court referred to the matter to the County Court
for the proceedings in the first instance.
(5) Proceedings under Subsection 3 and 4 also mean the proceedings on the reasons and deadlines of the custody
under the current regulations, including the proceedings on the petition for the extension of the deadline of custody by the
Supreme Court.
(6) The provisions of Subsection 3 and 4 shall not apply to further proceedings in such matter, if the court finally
returned the matter back to the public prosecutor for the completion of an investigation during the validity of this Act.
(7) In matters in which custody was commenced before the date this Act comes into effect, the deadlines that are
necessary to decide on the extension of the deadline of custody shall begin running from the date this Act comes into effect in
the preliminary hearing; this shall not affect the provisions on the admissible term of custody with the exception of cases where
it was finally decided on the extension of the period of custody before the date when this Act comes into effect for a longer
period of time than the periods referred to in Section 76 Subsection 6 or 7; in such cases, the term of custody shall finish no
later than after the lapse of three months from the date when this Act comes into validity. The periods applicable for the duration
of custody under Section 76 Subsection 6 and 7 shall be determined under the criminal penalty set out for the prosecuted act by
the Penal Code effective at the time of the decision. The periods applicable for the duration of custody shall be similarly
determined if the offender is accused after the date when this Act comes into effect for a criminal offence committed before the
date this Act comes into effect.
Section 565
The notification obligation of the law enforcement authorities and the court under Section 114 Subsection 8 and
Section 115 Subsection 8 shall arise in matters in which an order for the preparation of video, audio or audiovisual records
under Section 114 Subsection 2 was issued, and the order for the interception and recording of the telecommunications service
under Section 115 Subsection 3 after this Act comes into effect.
Section 566
(1) In proceedings on a complaint for the violation of the Act submitted before the date when this Act comes into
effect, it shall proceed under the current Act.
(2) In matters which entered into force on 31 December 2005, the Minister of Justice or Attorney General may, upon a
notion, file a complaint for the violation of the Act of 31 March 2006, until the period referred to in Section 272 of the current Act
does not lapse earlier; the proceedings shall be performed under the current Act.
(3) An appellate review under this Act may be filed only against decisions that come into force after this Act comes
into effect.
Section 567
(1) If the retrial was finally permitted before the date this Act comes into effect, the provisions of this Act shall apply to
the continuation of the proceedings if they are more favourable for the accused.
(2) If the proceedings on the filed petition for the retrial has not yet been performed or until the date this Act comes
into effect, the petition for the permission of the retrial was not finally decided, it shall be performed under this Act, provided it is
more favourable to the accused.
(3) If the decision, against which a petition for the retrial is directed was issued by a court in the first instance that no
longer exists, the court that would be materially and locally competent shall decide on the petition for the retrial; if the former
National Court decided in the first instance, the District Court in the registered office of the County Court, which would be
materially and locally competent under this Act, shall decide on the petition on the retrial.
Section 567a
Interim Provisions in Validity since 1 March 2008
The court with jurisdiction under the current regulations shall complete proceedings in the matters of the persons
referred to in Section 12 Subsection 1 Paragraph b), in which an indictment was filed before 29 February 2008.
Section 567b
Interim Provisions to Amendments in Validity since 1 January 2009
If a criminal offence was or was intended to be committed before 31 December 2008, the decision issued after 1
January 2009, which contains the description of the act for which a proceeding under this Act is being performed, shall also
include the amount of damage, amount of benefit, value of items, and the extent of the act in Slovak crowns as well as euros
after the conversion of the exchange rate and the rounding up according to the rules of rounding and other rules of the transition
to euro set out in generally binding regulations.
Section 567c
Interim Provisions to Amendments in Validity since 1 February 2009
(1) The provisions of Section 31 and 32 shall also apply after 31 January 2009 to the proceedings under Section 564
Subsection 3 through 5; the provisions of Section 30 and 31 of the Code of Criminal Procedure as amended and effective until
31 December 2005 shall not apply in these cases.
(2) If the term of custody commenced running before 1 February 2009, the provisions of Section 76, 78 and Section
80 Subsection 3 and Section 81 Subsection 4, as amended and in validity until 31 January 2009 shall apply.
Section 567d
Interim Provisions to Amendments in Validity since 1 April 2009
(1) Proceedings commenced before 1 April 2009 in the former military courts shall be continued by the courts referred
to in a special Act.
(2) The Supreme Court shall decide and proceed on an appeal against the decision of the former Supreme Military
Court and on extraordinary appeals against the decision of the former military courts.
Section 567e
Interim Provision of Section 76a
The provisions of Section 76a shall also apply to the term of custody that commenced before the date of effect of this
Act including the term of custody in the proceedings before the court under Section 78 Subsection 1, in force until 31 January
2009; however, it shall not apply in the case of the period of custody to be extended in the preliminary hearing.
Section 567f
Interim Provisions of the Amendment Effective on the Date of the Pronouncement of the Findings of the Constitutional
Court of the Slovak Republic PL.US 17/08 of 20 May 2009 Coll. of the Slovak Republic
(1) In the matters falling within the competency of the Specialised Criminal Court where the criminal prosecution was
commenced before this Act came into effect, the Specialised Criminal Court is competent for the proceedings, unless it is
stipulated otherwise.
(2) The court determined under Section 15, Section 16 Subsection 1 through 4 and Section 17 for the proceedings in
matters falling within the competency of the Specialised Criminal Court where an indictment was filed, the petition for the
approval of an agreement on guilt and punishment or the petition for the imposition of the protective measures before this Act
came into effect for other than the Specialised Criminal Court.
(3) The Supreme Court shall decide on appeals against decisions of the Specialised Court issued before the effect of
this Act.
Section 567g
Interim Provisions to Amendments in Validity since 1 September 2009
If the criminal prosecution in the matters referred to in Section 10 Subsection 8 Paragraph b) commenced before 1
September 2009, an inquiry or summary investigation shall be completed by the investigator competent under the regulations in
effect until 31 August 2009.
Section 567h
Interim Provisions to Amendments in Validity since 1 September 2010
(1) The provisions of Division IV of Chapter Seven of Part Three in effect until 31 August 2010 shall apply to the
proceedings during which an order was issued before 1 September 2010.
(2) The provisions of Section 515 Subsection 4 and Section 521a shall apply only if the foreign decision, which is to
be made, was issued after 31 August 2010.
Section 567i
Interim Provision to Amendments in Validity since 1 November 2011
Proceedings under Section 16 Subsection 2 and 3 commenced before 1 November 2011 shall be continued by public
prosecutors referred to in a special Act.
Section 567j
Interim Provisions to Amendments in Validity since 1 September 2011
(1) The actions performed in the criminal proceedings before 1 September 2011 have the same effects as the actions
performed under this Act.
(2) The court proceedings, with the exception of proceedings on extraordinary appeals, commenced before 1
September 2011 shall be completed under the current regulations; this shall not apply if the court returned the matter to the
public prosecutor or if the public prosecutor withdrew an indictment after 1 September 2011.
(3) If the convicted learnt of the criminal prosecution or conviction before 1 September 2011, the provision of Section
362 Subsection 1, as amended and effective until 31 August 2011, shall apply.
(4) If the decision in the preliminary hearing became valid before 1 September 2011, the provision of Section 364
Subsection 1 and 3, as amended and effective until 31 August 2011, shall apply.
(5) If the suggestion for the submission of an appellate review was filed before 1 September 2011, the provision of
Section 369, as amended and effective until 31 August 2011, shall apply.
(6) If the decision of the court was served before 1 September 2011, the provision of Section 370, as amended and
effective until 31 August 2011, shall apply.
(7) If the decision of the court became valid before 1 September 2011, Section 371, as amended and effective until 31
August 2011, shall apply.
(8) If the convicted was requested to pay the monetary penalty before 1 September 2011 under Section 429
Subsection 1, the proceedings shall be completed under the current regulations.
(9) If a trustworthy person or person who may file an appeal on behalf of the convicted and in their favour filed a
petition for the conditional release of the convicted before 1 September 2011, the provision of Section 415 Subsection 1, as
amended and effective until 31 August 2011, shall apply.
Section 568
Shall be repealed Act No. 141/1961 Coll., on Criminal Procedure of the Court (Code of Criminal Procedure) as
amended by Act No. 57/1965 Coll., Act No. 58/1969 Coll., Act No. 149/1969 Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll.,
Act No. 43/1980 Coll., Act No. 159/1989 Coll., Act No. 178/1990 Coll., Act No. 303/1990 Coll., Act No. 558/1991 Coll., Act of the
National Council of the Slovak Republic No. 6/1993 Coll., Act of the National Council of the Slovak Republic No. 156/1993 Coll.,
Act of the National Council of the Slovak Republic No. 178/1993 Coll., Act of the National Council of the Slovak Republic No.
247/1994 Coll., findings of the Constitutional Court of the Slovak Republic No. 222/1998 Coll., Act No. 256/1998 Coll., Act No.
272/1999 Coll., Act No. 173/2000 Coll., Act No. 366/2000 Coll., Act No. 253/2001 Coll., Act No. 182/2002 Coll., Act No.
215/2002 Coll., Act No. 422/2002 Coll., Act No. 457/2003 Coll., Act No. 458/2003 Coll., Act No. 403/2004 Coll., Act No.
537/2004 Coll., Act No. 652/2004 Coll., and Act No. 122/2005 Coll.
Section 569
This Act comes into effect on 1 January 2006.
Act No. 650/2005 Coll., came into effect on 1 January 2006.
Act No. 692/2006 Coll., came into effect on 1 January 2007.
Act no. 342/2007 Coll., came into effect on the date set out by the decision of the Council on the application of the
provisions of the Schengen acquis concerning the Schengen Information System in the Slovak Republic adopted on the basis of
Article 3 Subsection 2 of the Act on the terms of the accession to the EU annexed to the Accession Treaty of the Slovak
Republic, i.e. 1 September 2007.
Act No. 643/2007 Coll., came into effect on 1 January 2008.
Act No. 61/2008 Coll., came into effect on 1 March 2008.
Act No. 491/2008 Coll., came into effect on 15 December 2008.
Act No. 498/2008 Coll., came into effect on 1 January 2009.
Act No. 5/2009 Coll., came into effect on 1 February 2009.
Act No. 97/2009 Coll., came into effect on 20 March 2009.
Acts No. 59/2009 Coll., and No. 70/2009 Coll., came into effect on 1 April 2009.
Findings No. 290/2009 Coll., and Act No. 291/2009 Coll., came into effect on 17 July 2009.
Act No. 305/2009 Coll., came into effect on 1 September 2009.
Act No. 576/2009 Coll., came into effect on 1 January 2010.
Act No. 93/2010 Coll., came into effect on 1 April 2010.
Acts No. 224/2010 Coll., and No. 346/2010 Coll., came into effect on 1 September 2010.
Act No. 547/2010 Coll., came into effect on 1 January 2011.
Act No. 262/2011 Coll., came into effect on 1 September 2011.
Act No. 220/2011 Coll. came into effect on 1 October 2011, except for Article II, points 2, 8, 9 and 18, which came into
effect on 1 November 2011.
Ivan Gašparovič by own hand
Pavol Hrušovský by own hand
Mikuláš Dzurinda by own hand
Annex
LIST OF ASSUMED LEGALLY BINDING ACTS OF THE EUROPEAN UNION
1. Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings
(OJ EC L 82, 22.2.2001).
2. Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ EC L 162,
20.6.2002).
3. Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and
intelligence between law enforcement authorities of EU Member States (OJ EU L 386, 29.12.2006).