When a client says that the police are handling their case, there can be several completely different situations. Sometimes, the police are merely investigating a criminal complaint. In other cases, criminal proceedings have already been initiated, but not yet against a specific individual. In yet another case, a person has been charged, and the prosecutor is reviewing the legality of the investigation. And although in common parlance the court is often included among the criminal justice authorities, the law deliberately distinguishes it from the law enforcement agencies.
According to the Criminal Procedure Code, the law enforcement authorities are the prosecutor and the police officer. The court is not one of them. The police officer examines and investigates the case, while the prosecutor oversees the legality of the preliminary proceedings and decides on the further procedural course of the case. An independent court decides on guilt and punishment. However, during the preliminary proceedings, a judge decides on certain restrictions on fundamental rights, such as pretrial detention.
This distinction is not a legal technicality. It determines who may perform a specific act, who may review a police officer’s decision, to whom evidence is presented, who files charges, and who ultimately decides on guilt. If a client approaches the wrong authority or uses the wrong procedural tool, even a substantively sound argument may come too late or fail to have the desired effect.
Section 10(1) of the Code of Criminal Procedure provides a concise definition: law enforcement authorities include the prosecutor and the police officer. In matters falling within the jurisdiction of the European Public Prosecutor’s Office, the term “prosecutor” also includes the relevant authorities of the European Public Prosecutor’s Office.
The term “police officer” does not necessarily refer to every member of the Police Force or to a uniformed patrol. It is a procedural term defined in Section 10, paragraphs 8 through 10, of the Criminal Procedure Code, depending on the nature of the case. A police officer is, in particular:
In cases involving economic crimes, cross-border transactions, suspicions regarding public finances, or the conduct of law enforcement officials, the precise determination of subject-matter and territorial jurisdiction is often a separate legal issue. For the client, however, it is more important at the outset to understand the function of the authority than the name of the department on the letterhead.
Several individuals and institutions are involved in criminal proceedings: the court, the defendant, the victim, interested parties, witnesses, expert witnesses, the defense attorney, or the victim’s representative. This does not automatically make them law enforcement authorities. Each has a different role, different powers, and a different degree of influence over the outcome. That is precisely why, in practice, we first ask what the client’s procedural status is, what stage the case is in, and who currently has the authority to decide?
A police officer is usually the first authority a person encounters. He or she receives and verifies criminal complaints, secures evidence, interviews witnesses, requests documents, consults with experts, and performs other actions necessary to clarify the facts of the case. Their role is not to confirm the complainant’s version of events at all costs, nor to fabricate a case against a suspect. Law enforcement authorities must investigate circumstances incriminating a person just as carefully as those exonerating them. In practice, however, the quality of the outcome also depends on whether the relevant facts, documents, and context are presented clearly and in a timely manner.
This is one of the most common misconceptions. Criminal proceedings may be initiated in a case—that is, regarding a specific offense—even if there is not yet sufficient grounds to conclude that a particular person committed it. Only when the legal conditions regarding a specific individual are met is a decision made to file charges.
The difference is fundamental. Once charges are filed, the defendant has a full range of rights to a defense, including the right to remain silent, to choose a defense attorney, to propose and present evidence, and to file appeals. At the same time, following Amendment No. 40/2024 Z. z., grants significant rights of defense to a suspect as well, effective from the very first interrogation or other proceeding conducted against them or in connection with the suspicion against them.
We explain the difference between a suspect and a defendant—that is, between the preliminary proceedings and the trial—in more detail in the article on the difference between a suspect and a defendant.
The investigation is conducted under the supervision of the prosecutor. The police officer submits decisions and the case file to the prosecutor in situations specified by law, follows the prosecutor’s binding instructions, and, at the conclusion of the investigation, refers the case to the prosecutor for further action. The notion that the police and the prosecutor’s office are two completely separate, parallel paths is therefore inaccurate.
The prosecutor represents the state in criminal proceedings. Pursuant to Section 230(1) of the Criminal Procedure Code, the prosecutor also oversees compliance with the law prior to the initiation of criminal prosecution and during the preliminary investigation. The prosecutor has extensive powers for this purpose.
In particular, it may:
The prosecutor is therefore not merely a conduit between the police and the court. The prosecutor is tasked with ensuring compliance with the law, addressing any shortcomings, and, upon completion of the investigation, assessing whether the findings warrant filing an indictment or some other lawful means of resolving the case.
If the accused, the victim, or a party to the proceedings objects to delays or other deficiencies in the police officer’s conduct, they may, pursuant to Section 210 of the Criminal Procedure Code, request that the prosecutor review the police officer’s conduct at any time during the investigation or expedited investigation. The police officer must submit the request to the prosecutor without delay, and the prosecutor is required to review it and notify the petitioner of the outcome.
This is not a universal substitute for a complaint against a specific resolution. The difference between the various types of filings is practical:
In a well-managed case, therefore, one does not file a general complaint covering everything. First, one determines what the client hopes to achieve through the proceedings, and only then does one select the recipient, the form, and the timing of the filing.
The court is intentionally separate from the police and the prosecutor’s office. While law enforcement agencies uncover, investigate, and prepare criminal cases for adjudication, the court is intended to be an independent and impartial body that evaluates the charges and the evidence presented.
Once an indictment has been filed, the prosecutor no longer supervises the court proceedings. In court, the prosecutor represents the prosecution and must prove his or her allegations. The court is not bound by the fact that a police officer made an accusation, nor by the fact that the prosecutor filed an indictment. Only the court can determine guilt, and only a final and binding conviction overturns the presumption of innocence.
The division of judicial functions does not mean that the judge will not appear until the main hearing. The judge presiding over preliminary proceedings rules in cases where the Code of Criminal Procedure requires judicial review of interventions affecting fundamental rights and freedoms. A typical example is a decision on pretrial detention, but the law also requires a judicial decision for several other intrusive measures.
The preliminary hearing judge does not take charge of the investigation. His role is to rule on matters entrusted to him by law and to provide independent judicial oversight where the intensity of state intervention requires such oversight.
A practical distinction, for example, is that a police officer establishes and verifies the facts of the case; a prosecutor oversees the legality of the preliminary proceedings and decides whether and in what form the charges will be brought before the court; and the court independently determines whether the charges have been proven.
| Phase | Key Process Stakeholder | What is being addressed at this stage | What Is Usually Important to a Client |
| Before the initiation of criminal proceedings | Police officer under the supervision of a prosecutor | Review of the report and decision on whether to dismiss, defer, refer, or initiate criminal prosecution | A precise description of the incident, preservation of evidence, distinguishing facts from assumptions, and monitoring deadlines |
| Criminal Prosecution in the Case of | Police officer under the supervision of a prosecutor | Determining what happened, what crime may have been committed, and who is responsible for the act | A Person’s Legal Status in Proceedings and the Risk of a Witness Becoming a Suspect |
| Proceedings Following the Filing of Charges | A police officer and a supervising prosecutor; for certain matters, a judge presiding over preliminary proceedings | Investigations against a specific individual, submission of evidence, appeals, and potential infringements of rights | Defense strategy, the right to remain silent, access to the case file, the presence of defense counsel, and timely procedural motions |
| Conclusion of the Preliminary Proceedings | Prosecutor | An indictment or another legal means of concluding the case, such as dismissal or diversion | Review of the case file, proposals for amendments, compensation for damages, and consideration of an alternative resolution |
| Court Proceedings | An independent court; the prosecutor represents the prosecution | Review of the indictment, presentation of evidence, determination of guilt, sentencing, and, depending on the circumstances, the victim’s claim | Preparation of evidence, depositions, legal argumentation, closing arguments, and appeals |
The content of a summons or police questioning cannot be evaluated in isolation. The same person may have different statuses throughout the proceedings, each with its own distinct rights and obligations.
The complainant has brought to light facts suggesting that a crime has been committed. The complainant need not necessarily be the victim. The complainant has rights related to the handling of the complaint, but does not automatically have the full scope of rights afforded to a victim. However, the flip side of the coin also applies: a knowingly false report against a specific person may in itself constitute a criminal offense, which we address in the article on false accusations.
The criminal offense caused harm or damage to the victim as defined by law. Pursuant to Section 46 of the Criminal Procedure Code, the victim may present evidence, inspect the case file under the conditions prescribed by law, participate in specified proceedings, and file a claim for damages. The claim must be filed properly, in a timely manner, clearly, and specifying a specific amount. A general statement such as “I request compensation for all damages” is generally insufficient.
A witness testifies about what he or she observed. As a general rule, a witness is obligated to appear and tell the truth; however, the law provides for cases in which questioning is prohibited, and Section 130 also grants the right to refuse to testify. If an answer could expose a witness or a person close to them to the risk of criminal prosecution, it is not wise to address this issue on the fly during the questioning.
A suspect is a person against whom there is suspicion but who has not yet been charged. Under Section 33b of the Criminal Procedure Code, a suspect is entitled to the same rights to a defense as an accused person, effective from the first interrogation or other proceeding conducted against the suspect or in connection with the suspicion.
A person becomes a defendant once charges are filed. The defendant has the right to comment on the facts of the case and the evidence, but also has the right to remain silent. They may choose a defense attorney, present and propose evidence, file motions and appeals, and request the defense attorney’s participation in proceedings specified by law. In cases where defense counsel is mandatory, if the defendant does not choose a defense attorney, the court will appoint one for them—that is, ex officio.
A criminal case may affect the property of a person or company that is not a defendant. A business may be the injured party, the holder of the requested documents, the employer of witnesses, or the entity whose property has been seized. Under certain legal conditions, a legal entity may also be subject to criminal prosecution. In corporate cases, it is therefore necessary to distinguish between the interests of the company, its executive, employees, partners, and other affected parties.
The greatest risk of the first interrogation is that a person assumes they are merely a witness and, without preparation, begins to explain the broader circumstances. It is only through the questions that they realize the authorities are also investigating their own conduct. Therefore, before the hearing, it is essential to understand one’s procedural status, the subject of the hearing, and the limits of the obligation to testify.
To clarify how the individual rules interconnect in practice, here is a model scenario. The managing director receives a summons to provide an explanation. The summons contains only the case number and instructions. At the same time, the company received a request to produce contracts and accounting documents for the past three years, and in the meantime, a former business partner sent an email to clients alleging fraud.
A process that makes sense:
1. Determine the procedural status and stage of the case. Before taking any action, it is necessary to know whether the matter involves proceedings prior to the initiation of criminal prosecution, an ongoing investigation, or proceedings against a specific individual, and whether the executive is being summoned as a witness or as a suspect with rights under Section 33b.
2. Distinguish between the company’s position and that of the managing director. The company may be both the aggrieved party and the recipient of a request to produce documents. The interests of the company and its managing director may not be identical, a fact that is also reflected in the choice of representation.
3. Prepare the documents for submission in a structured format. Documents should not be submitted as a disorganized pile. It is advisable to prepare a list, a timeline, and an explanation of the economic rationale behind the transactions.
4. Do not tamper with evidence and preserve metadata. Deleting or cleaning up emails and accounting records poses a separate risk that can often be detected.
5. Address reputation attacks using a separate tool. The dissemination of false claims to clients is not addressed in a criminal case against the company, but rather through tools designed to protect the company’s reputation or, where appropriate, by assessing whether the act constitutes the criminal offense of defamation.
6. Find out who is making the decisions at the moment. If the matter is stalled, the request should be addressed not to the investigator but to the supervising prosecutor, pursuant to Section 210.
The order and speed are crucial. The first step creates the minutes, which are used throughout the rest of the proceedings.
The initial contact does not necessarily imply a charge. However, it should not be underestimated. Early decisions influence what is included in the minutes, how documents are secured, and whether procedural deadlines are met.
1. Determine your status in the proceedings. Ask whether you have been summoned as a witness, a victim, a suspect, or a defendant, and what case the proceeding concerns.
2. Keep your summons and court decisions. Record the date and method of service. There may be short deadlines starting from the date of service.
3. Do not delete or alter any documents. Retain emails, accounting records, reports, contracts, and other records, as well as their metadata.
4. Create a timeline. Distinguish between what you know from your own experience and what you’ve heard from others or are simply assuming.
5. Before the interrogation, be clear about the risks. A witness has different obligations than a suspect or defendant. General advice such as “always testify” or “never testify” is dangerous without knowledge of the case.
6. Read the minutes before signing them. Ask for any inaccuracies to be corrected, and make sure the minutes accurately reflect the meaning of your statement, not just the wording.
7. Do not contact the other party rashly. In a sensitive matter, such contact may compromise evidence, lead to accusations of coercion, or weaken your negotiating position.
A lawyer cannot guarantee that a police officer will initiate criminal proceedings, that a prosecutor will file charges, or that a court will rule in a certain way. A lawyer cannot dictate to the authorities what conclusion they should reach. However, they can significantly influence the quality of the defense or representation by:
In a criminal case, we don’t just look at which section of the law may be involved. Especially for entrepreneurs, partners, investors, and companies, criminal proceedings are often part of a broader conflict. At the same time, there may be an ongoing commercial dispute, a tax audit, civil enforcement proceedings, an internal investigation, a property dispute, or a reputational crisis.
We therefore assemble the dish in layers:
Since a criminal case involving a business owner almost never stands alone, we collaborate on such cases with both the corporate law team and the tax team.
According to Section 10(1) of the Code of Criminal Procedure, these are the prosecutor and a police officer. In matters falling within the jurisdiction of the European Public Prosecutor’s Office, the law also includes the relevant authorities of the European Public Prosecutor’s Office.
No. The court is an autonomous, independent, and impartial body. It determines guilt and punishment, and during preliminary proceedings, it exercises judicial oversight over matters specified by law, such as decisions regarding pretrial detention.
The investigator conducts the investigation and secures evidence. The prosecutor oversees the legality of the preliminary proceedings, may issue binding instructions, and, upon completion of the investigation, decides whether to file an indictment or take other legal action.
Yes. Under Section 230(2) of the Criminal Procedure Code, the prosecutor, as part of his or her supervisory authority, has the power to overturn unlawful or unfounded decisions and actions by a police officer, to return the case for further investigation, to remove the case from a police officer and assign it to another, or to order the conduct of an investigation.
During preliminary proceedings, charges are filed by means of a resolution, usually by a police officer, provided that the legal conditions are met. However, only a court can determine guilt. Neither the filing of charges nor the filing of an indictment implies that the person is guilty.
Under Section 210 of the Criminal Procedure Code, the defendant, the victim, and any other party to the proceedings may request that the prosecutor review a police officer’s conduct, particularly in cases of delays or other shortcomings. A complaint may be filed against specific rulings. It is always necessary to determine which legal remedy is appropriate for the issue at hand.
Under Section 69 of the Criminal Procedure Code, the defendant, the defense counsel, the victim, the authorized representative, and other persons specified by law have the right to inspect the case file. During the preliminary proceedings, this right may be temporarily restricted for serious reasons; however, the law also provides for the possibility of reviewing the merits of such a refusal.
Following Amendment No. 40/2024 Z. z., Section 33b of the Code of Criminal Procedure grants a suspect the right to a defense essentially to the same extent as the rights of an accused person, and this applies from the very first interrogation or other proceeding conducted against them or in connection with the suspicion. This includes, in particular, the right to a reasonable explanation of the suspicion, the right to remain silent, and the right to an attorney.
Not for every witness deposition. However, it is advisable to consult an attorney if the questions may also pertain to your own conduct, business, tax obligations, the liability of a close relative, or sensitive internal information. An attorney can help you determine the line between the obligation to testify and your legal right to refuse to testify.
Yes. A company may be the victim of a crime, may possess important evidence, or may be affected by the seizure of assets. Provided that the legal conditions are met, a legal entity may also be subject to criminal prosecution. The interests of the company and those of its authorized representative, however, are not always the same.
The question of who constitutes a law enforcement authority seems like a theoretical definition. In practice, however, it determines to whom a client should address their submission, what means they should use, and by when. Police officers and prosecutors conduct preliminary proceedings, while the court decides on guilt. Each of these authorities responds to a different type of argument. If you have received a summons, an indictment, or a request to produce documents, or if you are dealing with police or prosecutorial proceedings, it pays to understand your position before taking any significant action. The same applies if you wish to file a criminal complaint, represent an aggrieved company, or coordinate a criminal matter with a commercial, tax, or property dispute. At Highgate, we will assess the procedural situation, the evidence, the deadlines, and the broader risks, and we will propose a course of action that is legally defensible and practically applicable for both you and your business. You can contact Tomáš Dem directly or schedule a consultation.
Law & Tax
Tomas Demo
tomas.demo@highgate.sk
Accounting
Peter Šopinec
peter.sopinec@highgate.sk
Crypto
Peter Varga
peter.varga@highgate.sk
