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The largest law firm in the Czech Republic Ranked by clients as the best law firm in the Czech Republic Czech law firm of the year (2011) No. 1 legal advisor.

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Presentation on theme: "The largest law firm in the Czech Republic Ranked by clients as the best law firm in the Czech Republic Czech law firm of the year (2011) No. 1 legal advisor."— Presentation transcript:

1 The largest law firm in the Czech Republic Ranked by clients as the best law firm in the Czech Republic Czech law firm of the year (2011) No. 1 legal advisor according to the number of M&A deals in the Czech Republic and Eastern Europe (2011) No. 1 among Czech law firms (2011) Due Process of Law Recent Dawn Raid Practice in Slovakia Juraj Steinecker

2 1.Dawn raids in Slovakia - Overview 2.First major case – Ševt (3Sžz/1/2011) 3.Second major case – AT Computer (4Sžz/1/2013) Right to request explanation Search of computers – right to be present? 4.General observations Agenda 2

3 Standard authorizations of Slovak NCA: Enter business premises and vehicles Inspect and copy documents Search and copy hard disks Request information Seal premises Enter private premises and vehicles (authorization by court) Dawn Raids – Basic Framework 3

4 Supreme Court disqualifies inspection of Slovak NCA Deficiencies in the authorization to conduct an inspection Uncertain legal qualification Absence of official stamp, file no. and reasoning No administrative file Outcome: Slovak NCA prohibited to search copies of hard disks seized during dawn raids Administrative proceedings against undertaking discontinued Supreme Court – ŠEVT 1 4

5 Legal privilege: failure & failed opportunities Failure to address all challenged aspects of inspection Application of administrative rules to inspection Happy client – unhappy lawyer Supreme Court – ŠEVT 2 5

6 Raising various issues in conducting dawn raids Self-incriminating questions Right to be present at the search of a hard disk Disqualification of partial aspects of the inspection No obligation on the part of Slovak NCA to explicitly inform the undertaking of its rights, e.g. right to legal representation Supreme Court - AT COMPUTER 1 6

7 Authorization of Slovak NCA to request explanation Strict limits during dawn raids What kind of questions? Several questions go beyond or at least raise suspicion whether their aim is to safeguard the inspection On-spot explanations should not substitute witness questioning No explicit mention of prohibition of self-incriminating questions Consequences for Slovak competition law Supreme Court - AT COMPUTER 2 7

8 Requesting explanations from an employee when searching his computer – procedural deficiency Inspecting the computer of the employer during its providing explanations – no violation of basic rights?! Supreme Court: Unless the documentation seized from the correspondence is of private character, the inspection is legal. No mention of basic rights to protection of privacy & privileged documentation How to check what Slovak NCA is doing when not being present? Supreme Court - AT COMPUTER 3 8

9 Detailed review & concise decision Ambiguous decision Failed opportunities: Self-incriminating questions Privacy Legal privilege Procedural questions Unhappy client & unhappy lawyer Supreme Court - AT COMPUTER 4 9

10 Right to challenge inspection immediately Quite few open and/or unaddressed issues Next decision…? General observations – post AT COMPUTER 10

11 Comments / Questions? Thank you for your attention ! 11 Juraj Steinecker tel.:


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