Consultative Council of European Prosecutors (CCPE)

Questionnaire for the preparation of the CCPE Opinion No. 12(2017):

“The rights of victims, witnesses and vulnerable persons”

Answers by the state: SLOVAK REPUBLIC

1. Definitions

1.1 Is there in your country a definition of a victim or witness of crime? If yes, is it established in the law or other legal instruments?

Slovak legal regulation defines victim and witness under aggregate legal term “injured party”. Pursuant to Slovak Code of Criminal Procedure any person injured/harmed by a criminal act i.e. bodily injury, property damage, moral/ethical harm or any other damage or whose legitimate rights of liberties were endangered or breached, is injured party.

The term/concept “victim of criminal act” will be introduced by the Act on victims of criminal acts as amended, which is currently under preparation. It is presumed that the Act will come into effect 1^st January 2018.

1.2. Are there, in your country special regimes for victims of certain types of crimes, for example, domestic violence, sexual abuse, trafficking in human beings? If yes, can you list them?

Prior to questioning/interview, witness/injured party is completely informed of their rights including the possibility to contact NGOs (established under separate law in order to provide assistance to injured persons). NGOs provide assistance to victims of domestic violence, children in danger/critical situations etc. NGOs services are free of charge. Please see the list below.

Unincorporated association “Assistance to victims of violence” – provides psychological, legal and social consultancy and assistance to victims of crime, domestic violence, road accidents and other serious incidents; assistance is provided to their families as well.

Unincorporated association “Arms - help for children in crisis” – for victims of maltreatment, abuse and neglect, as well as assistance to women victims of domestic violence and families endangered by domestic violence.

Unincorporated association “Alliance of women of Slovakia” – in their Crisis Centre, they provide legal, psychological and social consultancy, assistance and help to victims of domestic violence.

Unincorporated association “Help for children in danger - Centre Hope” - provides legal, social and psychological consultancy and therapy.

All these institutions have established hot lines for help to victims.

The General Prosecutor’s Office of the Slovak Republic established e-mail address for maltreated women; also regional and district prosecution offices have published call numbers for those women. They evaluate received calls on regular basis and adopt necessary measures to solve the cases where there are indications that violence and maltreatment/abuse has been committed in a family.

Furthermore in the very moment of receipt of any Criminal Complaint concerning violence and ill-treatment and sexual abuse the special approach to victims had been introduced. Since the first contact with a victim of domestic violence, the Police are obliged to assess the risk and if necessary, to adopt measures in order to protect the victim in accordance with internationally recognized questionnaire SARA.

If there is suspected sexual abuse or ill-treatment, an adult victim can be placed in a crisis center. If a child is victim, a judicial decision can be issued to place the child in an establishment/shelter for children.

If there is suspected trafficking in human beings, a victim can be placed in a crisis centre.

1.3 Is there in your country a definition of vulnerable persons, either in general sense, or particularly within the framework of criminal procedure? If yes, is it established in the law or other legal instruments?

Not yet; the definition shall be introduced by the Act on victims of crime as amended. It is under preparation currently. Presumed coming into effect is 1^st January 2018.

2. The rights of victims, witnesses and vulnerable persons

2.1 Are there in your country specific rights of victims, witnesses and vulnerable persons within the framework of criminal procedure, in addition to human rights in general?

Injured person has the standing/position of a party to criminal proceedings. Injured party may be represented by a person with power of attorney; this can be, inter alia, authorized representative of an organization for help to injured parties. If an injured party claims damages and can prove that he has not enough financial means to cover related costs, he is entitled to be represented by attorney to have their interests protected. Representative has identical procedural standing like person with power of attorney. On behalf of injured party, the person with power of attorney is entitled to file motions and submit requests/applications and remedial measures or participate in all acts where injured party has right to participate as well.

2.2 If yes, are they established in the law or other legal instruments?

The rights are regulated in the Code of Criminal Procedure of the Slovak Republic. Compensation of damages caused by crime (consequences of a bodily harm resulting from intentional criminal act) is regulated in the Act on compensation of damages to persons injured by violent crime.

2.3 Please enumerate these specific rights (e.g. the rights to protection, to be treated fairly and with dignity, to be notified, to be present and to be heard at court proceedings, to seek restitution, to the respect of privacy, to make a complaint about infringement or denial of their rights).

Injured party has the following rights in criminal proceedings:

to express their consent with criminal prosecution in cases listed in the law
to claim for compensation of damages
to move the court to impose, in the judgment of conviction, on the convict obligation to compensate damage; the motion has to be made prior to termination of investigation/summary investigation and it has to include clear grounds and amount of compensation; motion is not possible if claim had been decided on within civil or other proceedings.
to move for securing claim for damages (including approximate amount thereof) caused by the crime if there are reasonable grounds to believe that implementation of such claim could be made difficult or frustrated
to move for conciliation of the dispute/agreement with the accused also by means of a probation or mediation officer
to move to produce, supplement, submit evidence; to comment evidence
to inspect files and move for supplementing investigation
to participate in trial and public session on appeal
to closing speech
to be served judgment if he claimed for compensation in accordance with law
to file remedial measures in the extent specified in the Code of Criminal Procedure
if his claim for compensation was admitted even partially, to oblige the convict (who was imposed obligation to compensate damage) to reimburse costs of criminal proceedings including engagement of person with power of attorney; even in the case that his claim for compensation was not admitted he has right to move the court to impose the convict the obligation to reimburse all or some costs related with injured party’s participation in criminal proceedings
in any moment of investigation, to request the prosecutor to remove delays or any other defects concerning the Police procedure within investigation/summary investigation
to express his consent with approval of conciliation.
If according to information gathered by law enforcement bodies, the injured is exposed to any risk related with accused or convict in large, injured party has right to request the prosecutor within preparatory proceedings or the court within proceedings before a court, to be notified (injured needs to indicate his address for this purpose) of release/escape of accused from custody or from service of sentence of deprivation of liberty.
If he suffered bodily harm as result of intentional crime, to claim for compensation according to terms specified in the Act on compensation of damages for persons injured by violent crime as amended.

Within the meaning of the Code of Criminal Procedure, the law enforcement bodies and the court ensure that no protected personal data or facts of private nature are disclosed especially as regards family life, dwelling and address if they are not directly connected with the criminal activity. Special care is ensured in relation to interests of minors, juveniles and injured parties whose personal data are not published/disclosed.

2.4 How are victims, witnesses and vulnerable persons informed of their rights? Are there any formal arrangements or informal mechanisms, free access to relevant information and databases etc.?

During the first interview injured persons are informed of their rights (in writing and orally).

2.5 What kind of penalties and sanctions are established for violation of these rights?

Disciplinary proceedings come into question if such violation was committed by competent authorities.

2.6 Are there in your country specific rights of vulnerable persons due to their age (children, elderly people) or disability (physical or mental), either as victims or as witnesses?

If witness under 18 year is heard and reminder of the facts could negatively affect his mental or moral development, interview is carried out with special care and understanding and with the aim to avoid repeated interview. Expert in psychology or any other expert with respective experience is engaged as well and also a representative of social and legal protection of children unless a guardian is present. In some cases statutory representative or pedagogist is invited if it can contribute to correct course of the interview.

In situation where witness is heard under 18 years who was victim of crime committed against a close person or person in foster care and circumstances of the case indicate that repeated testimony could be influenced or it might negatively impact mental and moral development of the witness, interview is carried out by technical means (video) with the aim to avoid hearing within further proceedings or to carry out such interview only exceptionally. If repeated hearing is necessary after charge with accusation, it can be implemented within preparatory proceedings only upon consent of the statutory representative or a guardian.

Witness/injured party may be provided special protection under the Code of Criminal Procedure if there are reasonable grounds to believe that that person or close person are in risk because of indication of their address. Thus witness is allowed to indicate address of place of work or any other address for service of summons.

Witness may be allowed not to provide personal data if there are reasonable grounds to believe that his life, health, physical integrity are in risk or life, health and physical integrity of his close person because they stated their identity, address etc. However, in the trial, the witness needs to explain how he learned facts he testified of. Documents that include information about witness identity are stored in the prosecution service and with presiding judge within proceedings before court. The documents are inserted into file after risk ceased to exist. Witness may be asked questions regarding circumstances concerning his trustworthiness and his relation with accused or injured party.

Protection of witness: prior to interview of witness whose identity should be undisclosed, the competent authority and court adopts necessary measures e.g. modification of appearance and voice; as the case may be the interview is carried out by video.

Pursuant to the Act on protection of witness, they can be included in the program for protection of endangered witness or protected witness.

Persons can be heard by means of video if they are unable to appear for testimony due to their age, illness, mental or physical disability or for any other serious reason.

According to the Code of Criminal Procedure, injured party has right to be accompanied by his trustworthy person within acts of criminal proceedings.

Trustworthy person close to the witness: this is a natural person with legal competence, chosen by injured party. He provides necessary assistance to the injured especially psychologically. Trustworthy person can be also the person with power or attorney for the injured but this may not be judge, prosecutor, accused, defense lawyer, witness or expert or interpreter within criminal proceedings.

2.7 When a decision in criminal matters is likely to affect the rights or the situation of a vulnerable person, is it brought to the attention of other bodies dealing with the rights of that person (e.g. measure prohibiting contact with his wife for a husband in the event of domestic violence brought to the attention of the court responsible for ruling on the custody of children)?

If according to information gathered by law enforcement bodies a victim is in danger because the accused or convict is at large, was released/escaped from custody, or was released/escaped from service of sentence of deprivation of liberty, victim has right to be informed thereof (to the address he indicated for this purpose). The victim’s application for information is sent to a prosecutor within preliminary proceedings or to the judge within proceedings before a court.

Pursuant to the Act on Police Forces, the Police have power to forbid a person to enter a specific place; or to order that he stays at a specific place if it is necessary for the protection of life and limb or for protection of right and liberties.

In addition the Police have power to compel a person to leave a flat/house or any other premise where such person lives with person in risk; to prohibit a person to approach endangered person in situations where according to gathered facts it is expected that attack to life and limb, liberty or dignity could be committed especially with regard to previously committed similar attacks. If person is compelled to leave a common dwelling he is not allowed to return back before 10 days. The Police have authority to compel to leave an absent person as well.

Within judicial proceedings, the court can impose such restrictions.

2.8 Can such vulnerable persons bear testimony alone or only following authorization by their legal representatives, and in this latter case, in what conditions?

As regards persons younger than 18 years, please see par. 2.6.

Other victims of crime are free to decide whether they will protect their rights themselves or they will choose a legal representative. If legal representative is engaged, persons are heard in his presence.

2.9 Is the refusal to bear testimony admissible, for instance as regards children or mentally disabled persons? In what conditions?

Persons with right to refuse to testify are as follows: accused person’s relative in the direct line, his brother/sister, adoptive parent, adoptive child, spouse and common-law spouse. If there are several accused persons, and the witness has relation only with some from among them, he has right to refuse testimony only in case if testimony can not be divided/difference cannot be made between those related and those who have no relation.

Witness has right to refuse to testify if his testimony could bring the danger of criminal prosecution to himself, his relative in the direct line of descent, his sibling, adoptive parent or child, spouse or common-law spouse or other persons to whom he is related by family or similar ties and whose harm he would justly perceive as his own. Witness has right to refuse to testify also if his testimony could breach confessional secrecy or the secrecy of information entrusted to him in writing or verbally under the seal of secrecy as to a person entrusted with pastoral care.

Testimony may not be refused in any other conditions.

2.10 Who proceeds to the evaluation of vulnerable persons and how the risk is assessed? Can the vulnerable person play a role in assessing such risk? Which protective measures may be adopted and by whom?

Please see par. 1.2.

2.11 Are there, in your country, any special procedures that allow testimony to be filmed, recorded and/or given from behind a screen? If so, in what circumstances can this occur?

Please see par. 2.6.

2.12 How is the prevention of repeated victimization ensured?

Issue of repeated victimization shall be regulated by Act on victims of crime as amended. Currently the Act is under preparation.

2.13 Are the rights of victims, witnesses and vulnerable persons foreseen only for national or also for foreigners? Under which circumstances?

Rights do not depend on nationality. They apply equally, in the identical extent, to all injured parties regardless of their nationality.

3. Role of prosecutors in protecting the rights of victims, witnesses and vulnerable persons.

3.1. How are the rights of victims, witnesses and vulnerable persons within the framework of criminal procedure enforced and guaranteed? What is the role of prosecutors in this matter?

Rights are guaranteed by the Code of Criminal Procedure and ensured by strict observance thereof by law enforcement bodies.

Prosecutor has the role to supervise the observance of laws/legality of preparatory proceedings. If necessary prosecutor carries out himself the acts of preparatory proceedings or actively participates therein.

3.2 Is the role of prosecutors established in the law or other legal instruments? Is this role established in the rules of ethics and professional conduct of prosecutors?

Prosecutor proceeds pursuant to the Act on Public Prosecution Service, Code of Criminal Procedure and the Code of Ethics.

3.3 How is this role fulfilled in practice? How do prosecutors cooperate with other organs of state in fulfilling this role, and do prosecutors have supervisory or monitoring functions?

Please see par. 3.1 and 3.2.

3.4 Can victims, witnesses and vulnerable persons apply directly to prosecutors for protection of their rights?

Injured party has right to contact directly the prosecutor and request for protection of rights.

3.5 Can prosecutors, at their own initiative, start legal action for protection of the rights of victims, witnesses and vulnerable persons?

Prosecutor can adopt measures in order to protect injured party.

3.6 Concerning assistance to victims, witnesses and vulnerable persons, do the prosecutors interact with other state bodies, private entities or NGOs?

Prosecutor shall inform the injured party within the meaning of the answer in par. 1.2. Prosecutor does not directly communicate with NGOs regarding a specific matter.

3.6 Do the prosecutors benefit from specific training on the protection of the rights of victims, witnesses and vulnerable persons? Does such training also involve prosecutorial staff and law enforcement agencies? Do the prosecutors play a role in carrying out such training?

Sporadically, the Judicial Academy of the Slovak Republic ensures seminars for judges and prosecutors regarding victims’ rights.

Public Prosecution Service organizes at least twice a year a nation-wide seminar for prosecutors regarding rights of victims. Seminars are prepared within the framework of national working meetings or workshops e.g. regarding the issue of victims of domestic violence, vulnerable persons – minor aged victims, victims of ill-treatment and sexual abuse.

3.7 Any other relevant point you wish to raise.

NO.

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