Slovakia

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Legal Resources for Slovakia

Constitution of Slovakia ^[1]

E-Learning Resources

eLearning Courses for Criminal Defense lawyers

Background

The Slovak Republic, located in Central Europe with a population of approximately 6 million, has undergone significant historical transformations. After the dissolution of the Austro-Hungarian Empire and the Treaty of Trianon in 1920, Slovakia became part of Czechoslovakia. Following the peaceful Velvet Revolution in 1989, which ended communist rule, Slovakia emerged as an independent state on January 1, 1993, after the dissolution of the Czechoslovak federation. The Slovak Constitution, adopted on September 1, 1992, serves as the foundation of its legal system, establishing the principles of democracy, the rule of law, and the protection of fundamental rights. Slovakia joined NATO in 2004 and the European Union the same year, further solidifying its position within the international community.d the North Atlantic Treaty Organisation in () and the European Union in 2004.

The Legal system

The Slovak Legal system is a civil law system, as codified in the Constitution, or the Ústava Slovenskej republiky. During the Communist period ranging from 1948 until 1989, it has been influenced by Socialist legal thinking. As of the 1990s, it has also been largely shaped by the reception and implementation of EU law.

The constitution was ratified on September 1, 1992 in Bratislava, following the foundation of the Slovak Republic and came into effect on January 1, 1993.

The Slovak state judicial system is structured on three levels. At the local level are District Courts (Okresne súdy). Next are the Regional Courts (Krajské súdy). Finally there are the high courts, of which there are two: The Supreme Court (Najvyšší súd) is the highest court of appeal in non constitutional matters and has the power of statutory review. The Constitutional Court (Ústavný súd) has special competence to hear questions in constitutional matters, including constitutional review of statutes, decisions and official acts, as well as international agreements and other generally binding rules.

Legal Aid

State Sponsored legal aid: ii. Legal aid is available from the commencement of legal proceedings; the accused will be appointed a public defender, if the case is such that it is mandatory by law to do so.

It is also possible to apply for free legal aid if the accused’s income falls below a certain threshold.

In certain cases, the accused may be assigned a lawyer regardless of their income, including if the accused (i) is in custody or in detention, (ii) has limited legal capacity, (iii) is in a healthcare facility, (iv) is a minor, (v) incapable of defending themself due to a physical or mental disability, (vi) is being charged with an offence punishable by a minimum of 10 years’ imprisonment

There are also a number of organisations which are able to provide legal aid in Slovakia:

- Human Rights League (Liga za ľudské práva): Provides free legal aid to asylum seekers, refugees, and foreigners, assisting with residence, asylum procedures, and citizenship. Offices in Bratislava and Košice.

- Pro Bono Attorneys (Nadácia Pontis): Connects lawyers with non-profits in need of legal aid, focusing on helping organizations that cannot afford legal services.

- Slovak National Centre for Human Rights (SNSLP): Though state sponsored, they function independently and offers free legal assistance to individuals facing discrimination in areas such as employment, education, and public services.

In 2022, there were approximately 6,400 lawyers in Slovakia.

Source of Defendants Rights

National Sources of Defendant’s rights: One of the basic principles of the Slovak legal order is the hierarchy of legal norms. The system of legal sources is hierarchical, forming a pyramidal structure of legal force within the legal system; the Constitution sits at the pinnacle of this structure. Legislation is categorised by what is known as legal force. Legal force refers to the properties of the legislation, one piece of legislation being subordinate to another, or when one piece of legislation is derived from another having greater legal force. In a situation involving pieces of legislation with different legal force, the weaker provision may not contradict the stronger one, whereas the stronger provision may override the weaker one. Legislation may therefore broadly be categorised according to the level of legal force: Constitutional acts are always primary; acts are either primary or derived from constitutional acts. Secondary legislation includes government regulations, legislation of central government bodies, legislation issued in exceptional circumstances by authorities other than government bodies.

International Sources of defendant’s rights: The hierarchy of legal sources was partially reshaped by Slovakia’s accession to the European Union. The Constitution expressly recognizes the precedence of European Union law over acts of Parliament in Article 154, SC. Thus, if a national statute is in contradiction with EU legislation, the latter prevails.

Rights of the Accused

Right Against Unlawful Arrests, Searches and Seizures: The right to personal liberty is protected by Article 17(1) of the Slovak constitution. The right against unlawful arrest is protected by Article 17(4) of the Slovak Constitution.

Right Against Unlawful Detention: The right against unlawful detention is protected by Article 17(3) of the Slovak Constitution

Right Not to be Tortured or Ill-Treated: The right against torture, or cruel, inhuman or degrading treatment or punishment is protected by Article 16(2) of the Slovak Constituion.

Right to Medical Care: The right to medical care is protected by Article 40 of the Slovak Constitution. Every individual has the right to free health care and medical equipment for disabilities on the basis of medical insurance under the terms to be laid down by a law

Right to be Informed of Charges: Upon arrest, the accused has the following rights:

- The Right to Information: The accused must be informed of their rights orally and in writing. They are entitled to have this information translated or interpreted if they do not understand the language. The accused has the right to a description of the crime and the crime scene and evidence showing them that the crime was committed by the accused. The accused must also be informed that they can file an objection to the charge. The accused must also be given the legal definition of the crime and the criminal laws applicable to the case.

- The Right to Inform People The accused has the right to inform their family or another person named as a designated contact. However, you could be denied this right if it is believed that it could undermine the purpose of the detention.
If the accused is not a Slovak Citizen, they have the right to request that the police inform their consulate or embassy of their arrest.

Right to Presumption of Innocence: The accused has the right to presumption of innocence.

Right Against Self-Incrimination: The accused has the right against self-incrimination.

Right to Counsel: The right to counsel is enshrined in Article 50 of the Slovak Constitution. Section 34 of the Criminal Procedure Code also specifically addresses the right to defence, including the right to be defended by a lawyer

Right to a Present a Defense: Article 50 of the Slovak Constitution provides a general right to defence in all legal proceedings, including the right to present evidence, question witnesses, and respond to the case against the accused.

Right to Due Process: The right to due process of law is enshrined in the Slovak Constitution, but particularly under Articles 46 and 48: protecting the right to seek protection in front of an independent and impartial court and further emphasising equality before the law and the right to a fair trial.

Right to Equal Protection of the Laws: All parties to any legal proceedings shall be treated equally.

Right to Bail: You could be released on bail, subject to a number of conditions, such as the following: (i) surrendering your passport or other travel documents; (ii) living at a fixed address, reporting to a local police station; (iii) obeying a curfew; (iv) refraining from contacting specified people or going to certain places; (v) electronic tagging, or (vi) providing a financial guarantee for your attendance at court.

Right Against Ex Post Facto Prosecution: The Slovak Constitution prevents the retroactive application of criminal laws. criminalties can also not be imposed that are harsher than the ones previously in effect. The Criminal Code similarly underlines the temporal competency of criminal procedures: ‘The criminal liability of an act is assessed and the punishment is imposed under the Act effective at the time of its commission.

Right Against Double Jeopardy: The right against double jeopardy is protected by the Slovak Constitution. When finally convicted or acquitted of a criminal offence, no one may be prosecuted for the same criminal offence again. This principle does not preclude an exceptional remedies, according to the law.

Right to a Fair Trial:

Generally: Every person shall have the right to a fair hearing of his or her criminal case by an independent and impartial tribunal in reasonable time and in his presence, and to have an opportunity to comment on any adduced evidence, unless this Act provides otherwise. ‘Everyone has the right to have his or her case tried publicly without undue delay, to be present at the proceedings and to comment on any evidences given therein. The public may be excluded only in cases laid down by a law.’
Right to a Trial by Jury: The Slovak legal system does not employ a jury. The case will either be heard by a judge or a panel of judges, depending on the nature of the case.

Right to Language Interpretation: The accused has the right to language interpretation if they do not speak Slovak at each stage of the criminal process. This includes during initial exchanges with the police and also in court. In court, you have the right to an interpreter free of charge and to have the written documents translated.

Capital Punishment: Capital punishment was completely abolished in Slovakia in 1990.

Right to Appeal: The accused has the right to appeal, if they feel that his or her rights ‘have been denied by a decision of a body of public administration’ .

Rights of Counsel

Right to Provide Representation: Section 37 of the Criminal Procedure Code grants advocates the right to represent clients in criminal proceedings. It ensures that advocates can act freely and effectively to defend the rights and interests of their clients.

Right of Access to the Client: The accused has the right to contact their counsel privately i.e. without a third party present. They also have the right to be interrogated in the presence of their counsel.

Right to Confidential Communication with the Client: The right to confidentiality between lawyer and client is protected under Section 23 of Act 586/2017 on the Legal Profession.

This duty of confidentiality is extended even to cases of temporary suspension or disbarment.

Means of Protecting or Enforcing Rights

a. Exclusionary Rule The use of illegally obtained evidence in court is prevented by Section 199 of the Criminal Procedure Code.

b. Nullity of Procedure

c. Motions Under Section 34 of the Criminal Procedure Code, the accused can submit petitions, propose evidence, and file appeals, which are forms of motions.

d. Contempt Whilst contempt is not explicitly addressed, the Slovak system includes mechanisms to address behavior that disrupts judicial proceedings or disrespects the court:

Section 17 and Section 18 of the Criminal Procedure Code emphasize proper conduct in court and provide for sanctions or procedural remedies if disruptions occur.

e. Civil Actions

Pre-Trial Procedure

Police procedures

Complaint/information:

Article 196 of the Criminal Procedure Act states that the procedure before a criminal prosecution is initiated by either a complaint or a report made to a police officer or public prosecutor.

The authorities assess the information and decide whether to initiate criminal proceedings.

Arrest, Search and Seizure Laws:

Arrest:
Pre-trial detention:

Search

Lineups and other identification procedures: The police are authorized to conduct photo arrays and take biometric data, including fingerprints or biological samples, if legally justified

Interrogation

The accused has the right to remain silent during a police interrogation. You have the right to access a lawyer during questioning. If you cannot afford a lawyer, you can ask for a public defender to be appointed.

Once formally charged, the accused gains additional procedural protections under Section 34 of the Criminal Procedure Code, including:

(i) Full access to legal counsel during all stages of interrogation.
(ii)The ability to review evidence against them and challenge its admissibility.
(iii) The right to have interrogations conducted in a language they understand, with the aid of an interpreter if necessary.

Court Procedures

Pre-Trial:

i. Initial Court Appearance:

ii. Charging Instrument:

iii. Preliminary Hearing:

iv. Discovery

Trial:

Nature of the Trial Most criminal trials take place at the district court, but if your case is complex, your trial could take place instead at the Special Criminal Court. The defendant and lawyers shall be given five working days notice from the announcement of the date of the trial. After an initial announcement of the matter by the presiding judge. This is followed by the reading of the indictment by the prosecutor, to which the defending counsel can then provide an opinion. This followed by the presentation of evidence, in the form of either witnesses, expert evidence, material evidence, documentary evidence. Following the presentation of evidence, the judge opens the floor to closing arguments of the prosecutor and defending counsel. Finally, the judge shall grant the defendant the final word before adjournment for final deliberation.

Sentencing:

Appeals:

Rights in Prison

Right to Humane Conditions of Confinement:
The right to () is enshrined in the Constitution of the Slovak Republic. It is further emphasised in Act No. 475/2005 Coll. on the Execution of Imprisonment: ‘Vo výkone trestu sa rešpektuje ľudská dôstojnosť odsúdeného a nesmú byť použité kruté, neľudské alebo ponižujúce spôsoby zaobchádzania alebo trestania.’ In the execution of sentences, the human dignity of the convicted person shall be respected and cruel, inhuman or degrading methods of treatment or punishment shall not be used. Section 18 and 22 outline the minimum living space requirement and the right to basic hygiene provisions, such as soap. A charged person is accommodated in cells while an area for one person placed in a cell is at least 3,5 m2.

Immigrant’s Rights in Detention:
Alien individuals have the right to inform their diplomatic mission of their admission to the execution of the sentence. They shall be allowed a visit from a representative of this authority, from whom they may receive magazines, books and daily newspapers. They shall be placed in accommodation with others of the same nationality/ who speak the same language.

Right to Medical Care in Prison:
The Constitution of the Slovak Republic mandates that ‘Everyone shall have the right to protection of his or her health. The citizens shall have the right to free health care and medical equipment for disabilities on the basis of medical insurance under the terms to be laid down by a law.’ Whilst detained, prisoners have the right to basic healthcare provided by the authorities. The institute shall provide a monetary allowance to a convicted person who does not have the monetary means to purchase medicines, medical treatment or medical devices prescribed by a doctor and which cannot be provided free of charge on the basis of health insurance

Rights of Special Populations:
1. Women: Women are housed separately from men in prisons. Women are entitled to 4msq of accommodation space. This may not be reduced for pregnant women. They are also allowed to shower daily.

2. GLBT Prisoners: There is no special protection afforded to LGBT prisoners in the Slovak Republic.

3. Juveniles: The criminal age of responsibility in Slovakia is 14 years. The details for the imprisonment of juveniles in Slovakia are outlined in Section 117 of the criminal Code. For child offenders, the length of imprisonment is reduced to one half of what would be imposed for a similar offence committed by an adult. Nevertheless, the maximum length of imprisonment cannot exceed 7 years and the minimum length cannot exceed two years. The only exemption from this rule is the situation when a child commits a particularly serious crime, which could be otherwise punishable by imprisonment with the minimum rate exceeding 10 years. Children under 18 years of age must serve an imprisonment sentence in the juvenile correctional facility, located in Sučany.