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ACT

No 404/2011 of 21 October 2011,

on Residence of Aliens and Amendment and Supplementation of Certain Acts

(excerpts)

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Article 2 Basic Provisions

(7) A vulnerable person is especially a minor, a disabled person, a victim of trafficking in human beings a person older than 65 years, a pregnant woman, a single parent with an underage child and a person subjected to torture, rape or other serious forms of psychical, physical or sexual violence; in justified cases even a person younger than 65 years may be considered to be an “older person”.

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Section Three

Tolerated Residence

Article 58

(2) A police department shall grant tolerated residence to a third country national if there are no reasons for the refusal of an application as per Art. 59 par. 12;

c) who is the victim of human trafficking,58) if he/she is at least 18 years old; a police department or a person authorised by the Ministry of Interior shall inform the third country national about the possibility and conditions for the granting of tolerated residence for this reason and about the rights and duties which follow from this.

(4) The following shall be considered as tolerated residence:

a) provision of institutional care;

b) duration of quarantine measures;

c) evaluation of applications for the granting of tolerated residence, prison sentence execution or period of imprisonment; this shall not apply, if the residence of a third country national in the Slovak Republic territory is authorised;

d) the period of maximum 90 days during which a third country national, who is the victim of human trafficking and at least 18 years old, decides whether he/she would cooperate with prosecuting authorities, when resolving criminal acts related to human trafficking; however, this period can be extended by 30 days upon the request of the person authorised by the Ministry of Interior.

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Article 116 Offences

(1) The third country national commits an offence in the field of border control if

a) he/she crosses the external border in an unauthorized manner,

b) he/she deliberately avoids or refuses to undergo the border check when crossing the external border,

c) he/she provides other person's travel document or other document entitling to cross the external border or a visa as his/her own at the border check.

(2) The Union citizen of the family member of the Union citizen commits an offence in the field of border control if

a) he/she crosses the external border in an unauthorized manner,

b) he/she deliberately avoids or refuses to undergo the border check when crossing the external border,

c) he/she provides other person's travel document or other document entitling to cross the external border as his/her own at the border check.

(3) He/she who does the following, will commit an offence in the field of border control

a) fails to allow the police officer or a mean of transport to enter the land in vicinity of the external border,

b) fails to allow the police officer or a mean of transport to enter the land in the area near the external border during searching for persons suspected of having committed a crime or an offence related to the border control,

c) fails to allow the technical mean to be placed and used in the area near the external border,

d) deliberately damages, destroy or deteriorates a technical mean or makes the use of the technical mean more difficult,

e) violates a prohibition under Article 9 b). 100

(4) He/she who does the following during the period of temporary reintroduction of border controls at internal borders, will also commit an offence in the field of border control

a) crosses the internal border in an unauthorized manner,

b) deliberately avoids or refuses to undergo the border check when crossing the internal border,

c) provides other person's travel document or other document entitling to cross the internal border or a visa as his/her own at the border check.

(5) Paragraphs 1 and 2 shall not apply to aliens who filed an asylum application immediately after their entry to the territory of the Slovak Republic and to victims of trafficking in human beings.

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