Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

When conducting a house search or personal search, only the objects and/or documents related to the purpose of the search may be seized. The objects and/or documents seized shall be entered in the record and described in detail. If during a house search or personal search objects are found that are not related to the criminal offence that prompted the search but point to another criminal offence prosecutable ex officio, such objects shall also be described in the record and seized. The state prosecutor shall be immediately notified thereof in order to start criminal prosecution. Objects that must be confiscated under the criminal law or may serve as evidence in criminal proceedings shall be confiscated and delivered to the court for safekeeping, or shall be safeguarded in some other manner. Whoever possesses such objects must hand them over at the request of the police, the state prosecutor or the court. In confiscating the objects, it shall be indicated where they have been found and their description shall be provided, and, if necessary, their identity shall also be safeguarded in some other way. A record on the confiscated objects shall be issued. The state prosecutor and the defence counsel may be present during the search of premises. Special provisions apply to the seizure of items from a lawyer, lawyer candidate or lawyer trainee. The investigating judge may order that postal, telegraphic and other organisations engaging in the transmission of information should withhold and deliver to the investigating judge the letters, telegrams and other shipments addressed to the accused person or sent by the accused person against the acknowledgement of receipt, if circumstances exist due to which it might reasonably be expected that these items of correspondence will be evidence in the proceedings. The investigating judge shall open the delivered items of correspondence in the presence of two witnesses. If the perpetrator of a criminal offence is unknown, the authorised state prosecutor may propose to the investigating judge to perform particular investigative acts which, in view of the circumstances of the case, it would be expedient to perform before opening the investigation.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters; Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union; European Convention on Mutual Assistance in Criminal Matters with Additional Protocols; Bilateral Agreements.

Competent Authority

* receive the request/decision for judicial cooperation

District Courts.

Accepted languages

Accepted languages for the request/decision

Slovenian and English

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

N/A

Concise legal practical information

Special requirements

N/A

Last reviewed on 27 September 2022 by EJN Secretariat

NEXT MEASURE

  • Securing evidence (A.30 – A.32)
  • A.32 Examination of the crime scene
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