What are the requirements for a lawful arrest?
In Slovakia, the grounds and procedure for arrest are explained in the Code of Criminal Procedure and partially in the Act on Police Force. But it is also important that the police are not using these grounds in the wrong way. For example, if the police know that you did not commit an offence, but they still want to ‘fish’ for information and therefore arrest you.
Code of Criminal Procedure
In force as of 1 January 2006
Articles 71-87, 204
Act on Police Force
In force as of 1 September 1993
Article 19
Constitution of the Slovak Republic
In force as of 1 October 1992
Article 17 (3) (4)
European Convention on Human Rights
In force for Slovakia as of 1 January 1993
Article 5 (1) c)
International Covenant on Civil and Political Rights
In force for Slovakia as of 1 January 1993
Article 9
Saadi v. Italy
European Court of Human Rights
28 February 2008
A. and others v. the United Kingdom
(Detention in immigration & asylum – Grounds of detention)
European Court of Human Rights
19 February 2009
Fox, Campbell and Hartley v. the United Kingdom
(Arrest & Detention – Information on charges)
European Court of Human Rights
30 August 1990
Case No III. ÚS 204/02-47
Constitutional Court of the Slovak Republic
22 January 2004
General comment No 35: Article 9 (Liberty and security of person)
UN Human Rights Committee
16 December 2014