Once you become an accused in a pre-trial stage you have the right to receive full information about all charges against you. The same rights apply to an accused/defendant in a criminal trial. This right is important, because it allows you or your lawyer to prepare your defence.
Charge
Information about the charges against you includes not only information about what you have allegedly done, but also which crime it is according to the Penal Code.
example If a person is accused of entering a store, taking a mobile phone from the shelf and leaving without paying, in addition to describing these acts, the prosecution is also obliged to tell the accused that he/she will be charged with theft.
Proof of receipt
This information must be included in a formal written accusation (pre-trial stage) as well as in a prosecution’s indictment (trial stage) and must be provided in a written form. The prosecution will have to prove that you have actually received it.
example If the indictment is sent to you by mail but never reaches you, the prosecution will not be allowed to presume that you have received the information.
Evidence
Information about the charge does not have to include all of the evidence against you, but it has to be sufficiently detailed for you to be able to prepare your defence. How detailed the information has to be will depend on each specific charge.
example If a person is accused of a serious and complex crime like murder, he/she will be entitled to more detailed information than in less serious criminal offences like illegal fishing.
Copy of indictment
According to the Code of Criminal Procedure, you have the right to receive a copy of the indictment as well as copies of the materials in the case file, which relate to you personally or the charges against you.
Timely delivery
The information has to be given to you in a timely manner. This is important because you will need time to prepare your defence. What is considered to be timely will also depend on the nature and gravity of the charge against you.
example If the accused is preparing a defence against a charge of multiple accounts of armed robbery and kidnapping, the time given for the preparation of a defence will be much longer than for a charge of minor theft.
Language
Information about the charge has to be given to you in a language which you speak or understand. If you don’t speak Slovak, then you have the right to request an interpreter free of charge. Information about the charges against you must be translated into a language which you understand, but it does not have to be in your mother tongue or a language, which you simply prefer. The translation of a formal written accusation (pre-trial stage) as well as an indictment (trial stage) must be provided in written form.
If you have not received information about the charges against you in a timely and adequate fashion, it might result in a violation of the right to a fair trial.