WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS SLOVAK REPUBLIC Maria Hencovska Pavol Jozef Safarik University This country report is one of many prepared for the World Factbook of Criminal Justice Systems under Bureau of Justice Statistics grant No. 90-BJ-CX-0002 to the State University of New York at Albany. The project director was Graeme R. Newman, but responsibility for the accuracy of the information contained in each report is that of the individual author. The contents of these reports do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U. S. Department of Justice. GENERAL OVERVIEW 1. Political system. The Slovak Republic is a unitary state with a uniform penal code. 2. Legal system. The legal system of the Slovak Republic follows a Continental-European classical legal system. That is, it operates as a closed legal system strictly based on the codes and statutes which reflect the intent of the legislators. The Constitution and the law are the foundations of the Slovakian legal system. 3. History of the criminal justice system. In 1918, the Slovakian legal system was developed as part of the Czechoslovakian legal system of the Czech and Slovak Federal Republic and operated under that system until the division of the republic and the development of the independent Slovak Republic on January 1, 1993. The Slovak Republic legal system was created by the Constitution of the Slovak Republic which was accepted in September 1, 1992 and by acts and legal regulations connected to the Constitution and accepted by the Slovak National Council. It was also influenced by the acts and legal regulations valid from the time of the Federation. In 1948 and after, the Slovakian legal system was created on the basis of Marxism-Leninism, by which the national and collective interests were preferred over individual rights and freedoms. The revolutionary alterations that occurred in 1989 indicated a gradual change toward the principles represented in the standard legal systems of democratic states. Several pieces of legislation have significantly affected the criminal justice system: the Constitution of the Slovak Republic, Criminal Law (Act No. 140/1961 of code in amendment), Criminal Order (Act No. 141/1961 of code in amendment), Law of Prison Penalty (Act No. 59/1965 of Code in amendment), Law of Trial Rehabilitations (Act No. 119/1990 of code), Law of Law-Courts and Judges (Act No. 335/1991 of code), Law of Prison Penalty Action (Act No. 156/1993 of code), and the Law of Prosecution (Act No. 60/1965 of code). CRIME 1. Classification of crime. *Legal classification. The Slovak legal order distinguishes between two delinquency categories: delicts and penal actions. Delicts are defined as illegal actions of persons who are of a lesser danger to society. Delicts are defined in various standards such as the Delict law (Act No. 372/1990 of Code), Customs Law (Act No. 618/1992 of Code), Forest law (Act No. 100/1977 of Code), and the Foreign Bills Law (Act No. 528/1990 of code). Administrative delicts are not in the jurisdiction of the courts. Penal actions are defined as actions which are dangerous for the society and are in the jurisdiction of the courts. The Penal Code contains a category of very serious crimes such as terrorism, military treason, murder, and genocide. The minimum prison sentence for these crimes is 8 years and severe conditions are put upon persons convicted of these crimes when they are released. If such a person commits the same crime again, he can be considered by the court to be a dangerous criminal. *Age of criminal responsibility. In accordance with the Penal Code, a person is considered criminally responsible at 15 years of age. Criminal responsibility applies only if the person was sane at the time of committing the offense. *Drug offenses. The Penal Code does not use the term "drug" but the term "habit-forming substances" which includes alcohol, stupefying substances, psychotropic drugs and other substances which severely impair the human psyche, the social behavior, or the distinguishing and self-controlling abilities of humans. Crimes designated as drug delicts include unlawful production and possession of stupefying and psychotropic substances and poisons. (Penal Code, Sect.187,188). It is criminal for persons to produce, import, export these substances or bring them to another person without permission. More severe penalties are imposed on persons who have committed these crimes as a member of an organized group, when monetary gain is higher than 100.000 SK, if serious injury or death is involved, and if the offense is committed with persons younger than 18 years old with gains more than 500.000SK. It is also a crime for a person to keep another individual under the influence of stupefying and psychotropic substances, or to unlawfully produce and procure such substances. A more severe penalty is attached to persons who have gained more than 100.000SK for this crime, or who commit this crime with a person younger than 18 years of age. The prison penalties for such crimes range from 1 to 15 years. Toxicomania spreading is another drug crime category (Sect.188a). It is a crime for a person to seduce other person(s) to use habit-forming substances other than alcohol, or to promote the spread of such usage. There is a maximum 1 year prison sentence attached to this crime. A maximum of 3 years in prison is imposed for persons who commit this crime with persons younger than 18 years of age. 2. Crime Statistics. The 1992 crime statistics are based on the crime definitions stated in the Penal Code. *Murder. In 1992, there were 118 murders recorded. Attempts are included. *Rape. Information not obtained. *Serious property delicts with damage. In 1992, there were 2,246 cases of serious property delicts with damage over 100.000SK. *Serious drug offense. Information not obtained. *Crime regions. Serious crimes are more heavily concentrated in Bratislava, Kosice, Zilina, Rimavska Sobota, Galanta, and in the larger towns of Slovakia. VICTIMS 1. Groups most victimized by crime. A computer database of murder victims was created and put into operation by the Ministry of Interior on January 1, 1993. From the existing data it can be ascertained that victims of crime often have had prior contact with their assailant, whether it be a present or former relationship or a financial connection. 2. Victims' assistance agencies. There are no agencies or centers obtained. to provide special help to crime victims. 3. Role of victim in prosecution and sentencing. The victim can be a witness at the trial against the accused. At the penal trial, the victim has a right to see the trial documents and make proposals to complete the trial demonstration, take part in the main trial and public trial where an appeal is lodged and he or she has a right to make a final speech or advance his or her views before the trial is finished. The injured may claim compensation at a trial of indemnity or damage reimbursement. This may be a part of penal trial (a so-called adhesion trial). If the accused is found to be guilty, the extent of indemnity will also be established. If the accused is found not guilty, the injured may still submit his or her claim to be established in a civil trial. 4. Victims' rights legislation. The role of the injured is defined by Penal Order regulations (Sect. 43 to 51) and in regard to property damage by Civil Code No. 40/1964 of Civil Code in amendment Sect. 420 and thereafter. POLICE 1. Administration. The police force of the Slovak Republic is essentially an armed safety corps responsible for maintaining internal order and safety. Its activities are controlled by the Slovak National Council and government; subordinate to the Minister of Interior. The organization and managing of the Police Corps is delineated in the Law of Police Corps of the Slovak Republic Code (No. 171/1- 993). The activities of the Police Corps are controlled by the Constitution and other binding regulations. The Police Corps is organized to be independent of the military, with no connections at either the management or organizational levels. In times of necessity, the Government of the Slovak Republic may join the soldiers with the Police Corps when the Police Corps is not able to secure the state frontier, or to guarantee internal public order (Police-Corps Act of the Slovak Republic, Sect. 70,1.). The Police Corps consists of criminal police, public order police, traffic police, object protection police, foreign service police, frontier police and special-task police. Special tasks of the Police Corps consist of protection of special persons and finance police. There are separate district, regional and Slovak investigation offices. The head of the Police Corps is the Police Corps President. 2. Resources. *Expenditures. The cost of law enforcement is restricted information. *Number of police. The number of police in each force is restricted information. 3. Technology. *Availability of police automobiles. The Police Corps are equipped with cars, with a ratio of 1 car to every 5 police officers. *Electronic equipment. The district commands use computer databases which contain personal documents and criminal information. Police are equipped with radar and transmitters in accordance with need. *Weapons. Police are armed with CZ production, model year 82, caliber 9 mm and model year 75 and 70, caliber 7,65 mm. They also have truncheons, defense bars, protection shields, tear gas and bullet proof vests. 4. Training and Qualifications. The qualifications of Police Corps members are determined by Law No. 410/1991 of the Code. To become a member of the Police Corps of the Slovak Republic, a person must be a citizen, at least 18 years old, and have passed the school-leaving examination at a secondary school or have graduated from a University or Technical college. The person must also be physically and mentally healthy, have no criminal record, and must have finished his military duty (if applicable). A probationary period of up to 12 months is established at the time of appointment. The education and training of officers is performed in secondary special schools of the Police Corps, Police Academy of the Slovak Republic, the Institute for Further Education of Police and Training centers of cavalry police and drivers of police cars. 5. Discretion. *Use of force. Police Corps Law delineates the use of force by police. The type of force to be used is largely dependent on the police officer's interpretation of the situation. Types of force that can be used include truncheons, defense bars, tear gas, electric paralyzer devices, and guns. *Stop/apprehend a suspect. The police can apprehend a person in accordance with Police Corps Law, which states that a person who threatens life, health or property, or who was caught in the act, may be placed in custody for a maximum 24 hours. In accordance with Sect. 76 of the Penal code, the investigator can apprehend a suspect who has been caught committing a crime, without an indictment or approval from the prosecutor. In urgent cases the suspect can be apprehended and placed into custody, where justified, without indictment. In order to conduct this type of apprehension, prosecutor approval is necessary. The suspect can be held for a maximum of 24 hours, after which the case must either be submitted for trial or the suspect must be set free. No cautioning in this stage of apprehension is allowed. The purpose in apprehending a suspect is to assess whether sufficient conditions are met for placing the person in prison. *Decision to arrest. Information not obtained. *Search and seizure. Information not obtained. *Confessions. Information not obtained. 6. Accountability. Most complaints about police behavior concern the activities of the basic corps, and involve searches, unproductive investigations along with improper public identification of suspects, and activities of traffic police. Only 21.23% of the total complaints against police behavior were declared valid. Complaints are handled by the following authorized persons: Commander, District Commander, Inspection Officer of a District Commandership and Inspection Department of Ministry of Interior, and the Formation Director and Minister of Interior. PROSECUTORIAL AND JUDICIAL PROCESS 1. Rights of the accused. *Rights of the accused. Trials are performed by sitting judges according to principles of law. Trials are conducted by the judge only. A single judge performs the trial in cases in which the law prescribes a penalty of no longer than two years in prison. A suspect becomes a defendant after the main trial is ordered. The trial summons and indictment must be sent to the accused a minimum of five days before the trial is conducted. The accused takes part in the main trial and public trial. The accused has a right to advance his or her views to all evidence, make a final speech, request corrections to the trial record, and use the mother language. The main trial, theoretically, is a public procedure. The accused has the right to choose a defense attorney. If the accused has no financial means by which to do this, he or she has a right to be defended free of charge. The law provides, in some cases, for the accused to have a defense attorney during pretrial procedures, for example, if the accused is a juvenile or the crime has a penalty exceeding 5 years imprisonment. *Assistance to the accused. If the accused has not chosen a defender in the legally specified period of time, the court will appoint one. 2. Procedures. *Preparatory procedures for bringing a suspect to trial. The first stage of penal proceedings involves a series of pre-trial actions. The investigators and detectives of the Police Corps verify the facts of the crime which call for penal action to be taken. If justified, the penal case is submitted to the court by them. If there is no justification, the case is dropped. Prosecutors of the Prosecution of the Slovak Republic perform the legal supervision of the pre-trial actions. Some prosecutors also perform investigative functions. Only the prosecutor is authorized to submit the suit to the court, to order property seizure, to verify the claim of an injured person, to order a dead body exhumed, to propose extradition of the accused from a foreign country. If the results of investigation or detection justify placing the accused before the court, the prosecutor submits the suit to the penal court. If the court accepts the indictment, the trial can begin. Courts determine issues of fault and punishment. The actions they take are guided by legal standards of penalties described in the law. These standards state the punishment or type of punishment to be imposed for certain crimes. The first stage of a penal trial concerns pre-trial activity. It is a non-public obligatory stage during which various officials such as an investigator from the Slovak Republic Police Corps and a prosecutor explain all facts necessary to make a judgement of the case. They also explain facts concerning the suspect and the victim's claim and explain possible motives for the crime. The information and activities these parties pursue form the basis of the decision as to whether the suit will be declared or not. If no suit is declared, the accused must be set free. The pre-trial process is preliminary in nature. There are two types of pre-trial processes: investigation and detection. The investigation form is performed when weighty penal actions are involved or in highly complex crimes (for example, where guaranteeing rights of the accused is difficult). The detection form is conducted with simple delicts. After the pre-trial process is completed, the prosecutor can declare a suit to the court, the investigator or prosecutor can stop the investigation, or the suit can be submitted to another court. Often the case is transferred to another branch if it is judged to be a small delict or trespass. (Penal Code, Sect.222). Approximately 66% of all cases result in a suit being declared by the prosecutor. *Official who conducts prosecution. See above. *Alternatives to trial. Information not obtained. *Proportion of prosecuted cases going to trial. Approximately 97% of trials result in guilty verdicts. Approximately 16% of cases which go to trial result in a prison sentence. *Pre-trial incarceration conditions. Pre-trial incarceration can be imposed in cases meeting one or more of the following conditions: a) the accused is likely to escape or avoid the trial, particularly if his or her identity is not known or he or she has no domicile; b) the accused might influence the witnesses or other defendants or hinder the fact-finding process; c) the accused may continue or begin committing crimes or threatens to do so; or d) the crime has a minimum of 8 years imprisonment attached to it. The court decides whether or not to impose pre-trial incarceration on the basis of the prosecutor's recommendations. A special law (Act. No. 156/1993 of Code) describes the pre-trial incarceration process. Justifications for pre-trial incarceration are described in the Penal Order. *Bail Procedure. The accused may be released while awaiting trial provided that: (1) the court accepts a guarantee of association with a reliable person; (2) the accused must promise in writing that he or she will behave in an orderly fashion and will not commit any penal activity or crime, (3) the court accepts a financial guarantee the amount and type to be established by the trial judge. None of these factors apply in the case of an especially dangerous intentional crime. *Proportion of pre-trial offenders incarcerated. Information not obtained. JUDICIAL SYSTEM 1. Administration. Constitutional Court. The Constitutional Court is an independent branch of the government which has jurisdiction over matters involving the constitution. Civil and Penal Courts. Courts which hear both civil and penal cases, include the Highest court of the Slovak Republic, Regional courts and district courts. The Town court of Bratislava is at the level of a Regional court. 2. Special Courts. There are courts martial operating at the district level and higher which have jurisdiction over the penal actions and crimes of soldiers during military duty and over other military organized corps if the special Law is determined for it. These courts also have jurisdiction over some criminal actions of civilians such as their involvement with a foreign army or forms of treason. 3. Judges. *Number of judges. As of June 30, 1993, there were 1,015 judges, of whom 505 were men and 510 were women. In the district courts there are 637 judges, of whom 292 are men and 345 are women. There are 287 judges in the regional courts, of whom 147 are men and 140 are women. There are 73 judges in the Highest Court, of whom 42 are men and 31 are women. *Appointment and qualifications. The judges of the Constitutional Court are appointed by the President of the Republic for a term of 7 years. These judges are chosen from a pool of 20 nominees recommended by the National Council of the Slovak Republic. The judge must be a citizen of the Slovak Republic, at least 40 years old, must be a Law School graduate and worked for a minimum of 15 years as an attorney, prosecutor, or judge. Judges of other courts are elected by the National Council of the Slovak Republic on the basis of a proposal of the government for a term of 4 years. Nominees must have a Law Degree, and must have completed 3 years in practice. After a 4-year period, the judges are appointed by the National council of Slovak Republic on the basis of government proposal to fill the position permanently. In the courts martial there are 18 judges, all of whom are men. PENALTIES AND SENTENCING 1. Sentencing Process. *Who determines the sentence? The court determines the guilt and the sentence of the accused. *Is there a special sentencing hearing? Yes, there is a sentencing hearing. The conditions of the sentencing hearing are stated in the Penal Order. The sentence is declared by a judge after secret consultation with the sitting judge. When the main trial or the public trial is finished, the sentence is declared in a separate public declaration. The introductory words: "In the name of the Republic" are declared, after which follows the details of the sentence. The sentence must be presented in written form as well, within 30 days. It must consist of the introductory words, the court name, the full names of judges and judge seat members, the place and date of sentence declaration, the actual wording of the sentence with the accompanying legal regulations which were used, and justification and declaration about correctional measures to be taken. It must also include information about the accused, such as the full name, birth date and birth place, current domicile and occupation. The sentence may include a settlement of damages, and prescribe various protective measures. *Which persons have input into the sentencing process? Information not obtained. 2. Types of Penalties. *Range of penalties. The Penal Code provides for the following types of penalties: prison with a maximum of 15 years; suspended prison penalty for up to 2 years conditional on good behavior, or a conditional sentence of 1 to 5 years based on good behavior; fines from 2,000SK to 1,000,000SK; prohibition against such activities as automobile usage, from 2 to 10 years; domicile prohibitions in certain regions (a person may be banished from a certain region) from 1 to 5 years; property confiscation, confiscation of titles and notes of distinction; loss of army rank, and general banishment, particularly for foreigners. There are two special penalties in the Penal Code. A person can be sentenced to 15 to 20 years in prison for very serious penal activities or crimes, particularly if the person poses a serious danger to society. Life imprisonment can also be imposed for such serious crimes as murder, high treason, terrorism, genocide or crimes of general threatening, and for special perpetrators considered to be a danger to society. All serious crimes and penal actions are punishable by prison sentences. Other types of sanctions under the Penal Code include medical treatment and the education of perpetrators who are 15 to 18 years old. *Death penalty. As of September 1, 1992, the Constitution of the Slovak Republic and the Penal Code has forbidden capital punishment. PRISON 1. Description. *Number of prisons and type. There are three levels of prisons, the third level being maximum security, in which adult convicts are housed with the view to re-education and rehabilitation. Juveniles are imprisoned in special prisons for juveniles and women are imprisoned in special prisons for females. *Number of prison beds. Information not obtained. *Number of annual admissions. Information not obtained. *Average daily population/number of prisoners. Information not obtained. *Actual or estimated proportions of inmates incarcerated. Information not obtained. 2. Administration. *Administration. The Corps of Prison and Justice Guards of the Slovak Republic has the task of overseeing the rehabilitative and educational activities of the prisons as well as their security and administration. The Corps is subordinate to the Minister of Justice and has a General Director as its head. *Number of prison guards. Information not obtained. *Training and qualifications. Information not obtained. *Expenditure on prison system. Information not obtained. 3. Prison Conditions. *Remissions. The President of the Slovak Republic is entitled by the Constitution to declare amnesty and pardons. The declaration of amnesty and pardons is provided for in the Penal Order. After persons have served half of their prison sentence, or two-thirds in the case of very serious crimes, they have the right to be set free on a conditional basis which can last from 1 to 7 years. The court makes the determination of whether this is possible. Convicts must be able to demonstrate thier readiness for release by their prison behavior, or the court must accept the guarantee of completion of rehabilitation of the convict. *Work/education. Prisoners are obligated to work while serving time in prison. Invalids and the aged are exempt from this obligation. If an inmate fails to work, the convict is obliged to pay the cost of his imprisonment and is obliged to stay in a special room during the working hours. *Amenities/privileges. For good behavior, good working results or exemplary action, the convict can be rewarded temporary release from prison for up to 15 days, praise, special visit permission, special packet permission, pocket money increase, or financial or material reward. Inmates have a right to receive and send letters, to receive packets and to be visited by relatives. They also have a right to use cultural and educational resources such as the prison library, sport and hobby activity opportunities, legal education and medical education. There are also legal regulations allowing them to further their education. EXTRADITION AND TREATIES *Extradition. Suspects or criminals can be extradited to or from other countries if the penal action or crime is to be punished in accordance with the Slovakian legal system and in accordance with the legal system of the other country. The Slovak Republic has established bilateral treaties with the following countries: Albania, Belgium, Bulgaria, Denmark, France, Italy, Luxembourg, Hungary, Monaco, Holland, Poland, Portugal, Romania, Greece, the United States, Spain, Turkey, the United Kingdom, Mongolia, Tunis, Cuba, Syria and the Czech Republic. *Exchange and transfer of prisoners. Information not obtained. *Specified conditions. As of July 14, 1992 the Slovak Republic has been a member of the European Council and is therefore obligated to respect its treaties on extradition, mutual help in penal cases, terrorism, and repression. SOURCES Kohutov, Anna. Deputy of Region court in Kosice. Personal Contact: December 20, 1993. Law of Prison-Penalty Performing No. 59/1964 of Code. Determination of rights and obligations of convicts. Minister of Interior of Slovak Republic. Statistics of criminality elaborated by the Federal criminal police of the Federal Ministry of Interior of the former Czech and Slovak Federative Republic for 1992, special for Slovakia. Unpublished material. Ministry of Interior and Police Corps of Slovak Republic. Unpublished report about accountability, complaints, petitions and resolutions by departments and offices of the Ministry of the Interior and Police Corps of the Slovak Republic, 1992. President Police Corps and Lieutenant Colonel Frantisek Krajec. Bratislava. Personal contact. Date: November 14-15, 1993. Regulation of Justice Ministry of Slovak Republic No. 332/1993 of code by which the Order of prison-penalties was given and individual orders of prisons. Slovakian Investigation Office, Bratislava in November 14-15, 1993. State Secretary of Justice Ministry of Slovak Republic. Personal contact. Maria Hencvska Professor, Faculty of Law Pavol Jozef Safarik University Kovacska 26 Kosice 04001 Slovak Republic