ELECTRONIC MONITORING IN SLOVAK CRIMINAL JUSTICE

Abstract

This contribution deals with electronic monitoring in Slovak criminal justice. Its objective is the assessment of the most crucial contemporary documents containing requirements addressed to competent national authorities, as well as its problems. To fulfil this objective, it analyses documents of the European Union and the National Council of the Slovak Republic. It is divided into three sections. The first section introduces the general legal background of electronic monitoring in Slovak national law. The second section analyses its legal basis – Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments. The third section is focused on special issues surrounding the electronic monitoring in the Slovak Republic. Despite the fact that electronic monitoring in Slovak criminal justice has been applied for some years, many problems occurred at the national level. Electronic monitoring in Slovak criminal justice is understood as an alternative in standard criminal proceedings. There is no obligation to use this system. Indeed, control by technical instruments is an optional possibility, not a mandatory obligation. Electronic monitoring in the Slovak Republic is regulated by the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments. This Act regulates the technical instruments and the conditions for their use in controlling the execution of certain selected types of decisions in criminal matters in criminal proceedings. The objective of the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments is to create the legal conditions for the effective application of the control of execution of certain selected decisions – in particular judicial decisions adopted by the courts – by technical instruments. Such technical instruments should improve the use of alternative sanctions or alternative criminal proceedings.