State privileges and immunities

Slovenia

Constitution

IV. ORGANISATION OF THE STATE

a) The National Assembly

Article 83
(Immunity of Deputies)

No deputy of the National Assembly shall be criminally liable for any opinion expressed or vote cast at sessions of the National Assembly or its working bodies.

No deputy may be detained nor, where such deputy claims immunity, may criminal proceedings be initiated against him without the permission of the National Assembly, except where such deputy has been apprehended committing a criminal offence for which a prison sentence of over five years is prescribed.

The National Assembly may also grant immunity to a deputy who has not claimed such immunity or who has been apprehended committing such criminal offence as referred to in the preceding paragraph.

IV. ORGANISATION OF THE STATE

f) The Judiciary

Article 134
(Immunity of Judges)

No one who participates in making judicial decisions may be held accountable for an opinion expressed during decision-making in court.

If a judge is suspected of a criminal offence in the performance of judicial office, he may not be detained nor may criminal proceedings be initiated against him without the consent of the National Assembly.

VIII. THE CONSTITUTIONAL COURT

Article 167
(Immunity)

Constitutional Court judges enjoy the same immunity as National Assembly deputies.

The National Assembly decides on such immunity.

Criminal Code of the Republic of Slovenia

GENERAL PART

Chapter Two
APPLICATION OF THE PENAL CODE

1. Personal Application

Exclusion of Personal Application

Article 6

(1) The penal law shall not be applied to acts of persons whose criminal liability has been excluded because of immunity pursuant to the provisions of the constitution or international law regulations.

GENERAL PART

Chapter Two

APPLICATION OF THE PENAL CODE

1. Personal Application

Exclusion of Personal Application
Article 6

(1) The penal law shall not be applied to acts of persons whose criminal liability has been excluded because of immunity pursuant to the provisions of the constitution or international law regulations.

Rome Statute

Article 27 Irrelevance of official capacity

2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.

2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.

APIC

ARTICLE 27 Social Security

From the date on which the Court establishes a social security scheme, the persons referred to in articles 15, 16 and 17 shall, with respect to services rendered for the Court, be exempt from all compulsory contributions to national social security schemes.