GENERAL PART
Chapter One
FUNDAMENTAL PROVISIONS
System of Legal Criminal Sanctions
Article 3
(3) If the perpetrator has been convicted of a criminal offence, he may be subject to the confiscation of property and to the publication of the judgement under the conditions determined by the present Code.
GENERAL PART
Chapter Two
APPLICATION OF THE PENAL CODE
3. Territorial Application
Special Conditions for Prosecution
Article 14
(2) In cases under Articles 12 and 13 of this Penal Code, the perpetrator shall not be prosecuted :
1) if he has served the sentence imposed on him in the foreign country or if it was decided in accordance with an international agreement that the sentence imposed in the foreign country is to be served in the Republic of Slovenia ;
2) if he has been acquitted by a foreign court or if his sentence has been remitted or the execution of the sentence has fallen under the statute of limitations ;
3) if, according to foreign law, the criminal offence concerned may only be prosecuted upon the complaint of the injured party and the latter has not been filed.
(3) In cases under Articles 12 and 13 the perpetrator shall be prosecuted only insofar as his conduct constitutes a criminal offence in the country where it was committed.
GENERAL PART
Chapter Four
SENTENCES
1. Types of Sentences and Conditions for Imposition Thereof
Sentence of Imprisonment
Article 46
(1) A prison sentence may be imposed for a term not shorter than fifteen days and not longer than thirty years.
(2) A sentence of life imprisonment may be imposed for criminal offences of genocide, crimes against humanity, war crimes and aggression, and under conditions under point 1 of paragraph 2 of Article 53 of this Penal Code for two or more criminal offences under paragraph 5 of Article 108, Article 116, Article 352, paragraph 2 of Article 360, paragraph 4 of Article 371, and paragraph 3 of Article 373.
(3) The lowest sentence for criminal offences, for which the prescribed prison sentence is up to thirty years, is fifteen years of imprisonment.
(4) In prescribing a prison sentence for a term of not more than two years, the statute shall not prescribe the minimum term for which sentence may be imposed.
(5) A prison sentence shall be determined in full years and months, unless its term does not exceed a period of six months, in which case it may be determined in full days.
GENERAL PART
Chapter Four
SENTENCES
1. Types of Sentences and Conditions for Imposition Thereof
Fines
Article 47
(1) A fine shall be imposed in daily instalments and may amount to minimum thirty and maximum three hundred and sixty daily instalments, while for criminal offences committed for one's own interest it may amount to maximum one thousand five hundred daily instalments.
(2) The number of daily amounts shall be fixed by the court in accordance with the general rules on sentencing. The court shall fix the daily amount by taking into account the perpetrator's daily income with regard to the official data of the tax authority as well as with respect to his family expenditure. In fixing the daily amount, the court shall base its decision on data not older than six months.
(3) If the court was not able to acquire the data on the perpetrator’s daily income referred to in the preceding paragraph, then one thirtieth of the last officially published average monthly net salary in the Republic of Slovenia per employee shall be considered as the daily amount for the fine.
(4) The period of time, in which a fine is to be paid, shall be specified in the judgement. Such a period may not be shorter than fifteen days and not longer than three months. Under justifiable circumstances, the court may permit the offender to pay his fine by instalment, where the term of payment shall not exceed two years.
GENERAL PART
Chapter Seven
CONFISCATION OF PROPERTY BENEFITS GAINED BY COMMITTING OF CRIMINAL OFFENCE
Grounds for Confiscation of Property
Article 74
(1) Nobody shall retain the property gained through or owing to the committing of a criminal offence.
(2) The property shall be confiscated according to the judgement passed on the criminal offence under conditions laid down in this Penal Code.
Method of Confiscation of Property
Article 75
(1) Money, valuables and any other property benefit gained through or owing to the committing of a criminal offence shall be confiscated from the perpetrator or recipient (hereinafter, the recipient) ; if confiscation cannot be carried out, property equivalent to the property benefit shall be confiscated from them.
(2) When the property benefit or property equivalent to the property benefit cannot be confiscated from the perpetrator or other recipient, the perpetrator shall be obliged to pay a sum of money equivalent to this property benefit. In justified instances, the court may allow the sum of money equivalent to the property benefit to be paid by instalments, whereby the period of payment may not exceed two years.
(3) Property benefit gained through or owing to the committing of a criminal offence may also be confiscated from persons, to which it was transferred free of charge or for a sum of money that does not correspond to its actual value, if such persons knew or could have known that this property had been gained through or owing to the committing of a criminal offence.
(4) When a property benefit gained through or owing to the committing of a criminal offence has been transferred to close relatives of the perpetrator of the criminal offence (relations from Article 224 of this Penal Code) or when, for reason of the prevention of confiscation of property benefits under paragraph 1 of this Article, any other property has been transferred to such persons, this property shall be confiscated from them unless they can demonstrate that they paid its actual value.
GENERAL PART
Chapter Ten
FUNDAMENTAL PROVISIONS ON THE IMPLEMENTATION OF CRIMINAL SANCTIONS
Status of the Offender during Serving the Sentence of Imprisonment
Article 85
(1) Persons against which criminal sanctions are being implemented may be deprived of or have their constitutional and legal rights encroached upon only as far as is necessary for a particular sanction to be implemented.
(2) A person against whom a criminal sanction is being implemented shall not be subjected to torture or any other form of cruel, inhumane or degrading treatment. Any person who has suffered such treatment shall have the right to legal redress.
(3) The offenders shall be subjected to humane treatment, their personal dignity shall be respected, and their physical and mental integrity shall be protected.
(4) Appropriate health care shall be ensured for the offender as well as treatment of drug or alcohol abuse with his consent.
GENERAL PART
Chapter Ten
FUNDAMENTAL PROVISIONS ON THE IMPLEMENTATION OF CRIMINAL SANCTIONS
Serving of Sentence of Imprisonment
Article 86
(1) The offenders shall serve the sentence of imprisonment in prison prescribed by the statute.
(2) The offenders shall be placed in the above-mentioned prisons according to the degree of deprivation of liberty.
(3) The sentence of imprisonment up to nine months may be substituted with house detention. The court shall decide on substitute house detention with a decision, in which it shall determine that the offender may not leave the building of his permanent or temporary residence or a public institution for medical treatment or care. The court may exceptionally allow the offender to leave the premises of house detention for a definite period of time, when it is absolutely necessary to ensure vital necessities of life, medical assistance, or to perform work. If the offender leaves the building of house detention without the court’s prior consent or outside allowed time, the court may decide that the imposed sentence of imprisonment shall be executed.
(4) The sentence of imprisonment may also be implemented so that the offender in the period of maximum two years performs community service in the amount of minimum eighty and maximum four hundred and eighty hours. The community service shall be distributed in a way not to disturb the offender's obligations of his employment relationship. Such form of implementation shall be decided by the court, which ordered the sentence at the first instance, considering the objective and subjective circumstances of the perpetrator and his consent with this kind of implementation of the sentence. The sentence of imprisonment, which was imposed on the perpetrator for the criminal offence against sexual inviolability, cannot be substituted by community service. If the offender does not fulfil the tasks arising from performing community service, the court may order the execution of the sentence of imprisonment.
GENERAL PART
Chapter Ten
FUNDAMENTAL PROVISIONS ON THE IMPLEMENTATION OF CRIMINAL SANCTIONS
Method of Execution of Fines
Article 87
(1) If a fine cannot be forcibly collected, the court shall execute it so that one day of imprisonment shall be ordered for two daily instalments of the fine, whereby the imprisonment may not be longer than six months.
(2) If the offender pays only part of the fine, the remaining part shall be proportionately converted into days of imprisonment ; however, if the remaining part is paid, the execution of the sentence of imprisonment shall be discontinued.
(3) If the offender dies, the fine shall not be executed.
GENERAL PART
Chapter One
FUNDAMENTAL PROVISIONS
System of Legal Criminal Sanctions
Article 3
(3) If the perpetrator has been convicted of a criminal offence, he may be subject to the confiscation of property and to the publication of the judgement under the conditions determined by the present Code.
GENERAL PART
Chapter Two
APPLICATION OF THE PENAL CODE
3. Territorial Application
Special Conditions for Prosecution
Article 14
(2) In cases under Articles 12 and 13 of this Penal Code, the perpetrator shall not be prosecuted:
1) if he has served the sentence imposed on him in the foreign country or if it was decided in accordance with an international agreement that the sentence imposed in the foreign country is to be served in the Republic of Slovenia;
2) if he has been acquitted by a foreign court or if his sentence has been remitted or the execution of the sentence has fallen under the statute of limitations;
3) if, according to foreign law, the criminal offence concerned may only be prosecuted upon the complaint of the injured party and the latter has not been filed.
(3) In cases under Articles 12 and 13 the perpetrator shall be prosecuted only insofar as his conduct constitutes a criminal offence in the country where it was committed.
GENERAL PART
Chapter Four
SENTENCES
1. Types of Sentences and Conditions for Imposition Thereof
Sentence of Imprisonment
Article 46
(1) A prison sentence may be imposed for a term not shorter than fifteen days and not longer than thirty years.
(2) A sentence of life imprisonment may be imposed for criminal offences of genocide, crimes against humanity, war crimes and aggression, and under conditions under point 1 of paragraph 2 of Article 53 of this Penal Code for two or more criminal offences under paragraph 5 of Article 108, Article 116, Article 352, paragraph 2 of Article 360, paragraph 4 of Article 371, and paragraph 3 of Article 373.
(3) The lowest sentence for criminal offences, for which the prescribed prison sentence is up to thirty years, is fifteen years of imprisonment.
(4) In prescribing a prison sentence for a term of not more than two years, the statute shall not prescribe the minimum term for which sentence may be imposed.
(5) A prison sentence shall be determined in full years and months, unless its term does not exceed a period of six months, in which case it may be determined in full days.
GENERAL PART
Chapter Four
SENTENCES
1. Types of Sentences and Conditions for Imposition Thereof
Fines
Article 47
(1) A fine shall be imposed in daily instalments and may amount to minimum thirty and maximum three hundred and sixty daily instalments, while for criminal offences committed for one's own interest it may amount to maximum one thousand five hundred daily instalments.
(2) The number of daily amounts shall be fixed by the court in accordance with the general rules on sentencing. The court shall fix the daily amount by taking into account the perpetrator's daily income with regard to the official data of the tax authority as well as with respect to his family expenditure. In fixing the daily amount, the court shall base its decision on data not older than six months.
(3) If the court was not able to acquire the data on the perpetrator’s daily income referred to in the preceding paragraph, then one thirtieth of the last officially published average monthly net salary in the Republic of Slovenia per employee shall be considered as the daily amount for the fine.
(4) The period of time, in which a fine is to be paid, shall be specified in the judgement. Such a period may not be shorter than fifteen days and not longer than three months. Under justifiable circumstances, the court may permit the offender to pay his fine by instalment, where the term of payment shall not exceed two years.
GENERAL PART
Chapter Seven
CONFISCATION OF PROPERTY BENEFITS GAINED BY COMMITTING OF CRIMINAL OFFENCE
Grounds for Confiscation of Property
Article 74
(1) Nobody shall retain the property gained through or owing to the committing of a criminal offence.
(2) The property shall be confiscated according to the judgement passed on the criminal offence under conditions laid down in this Penal Code.
Method of Confiscation of Property
Article 75
(1) Money, valuables and any other property benefit gained through or owing to the committing of a criminal offence shall be confiscated from the perpetrator or recipient (hereinafter, the recipient); if confiscation cannot be carried out, property equivalent to the property benefit shall be confiscated from them.
(2) When the property benefit or property equivalent to the property benefit cannot be confiscated from the perpetrator or other recipient, the perpetrator shall be obliged to pay a sum of money equivalent to this property benefit. In justified instances, the court may allow the sum of money equivalent to the property benefit to be paid by instalments, whereby the period of payment may not exceed two years.
(3) Property benefit gained through or owing to the committing of a criminal offence may also be confiscated from persons, to which it was transferred free of charge or for a sum of money that does not correspond to its actual value, if such persons knew or could have known that this property had been gained through or owing to the committing of a criminal offence.
(4) When a property benefit gained through or owing to the committing of a criminal offence has been transferred to close relatives of the perpetrator of the criminal offence (relations from Article 224 of this Penal Code) or when, for reason of the prevention of confiscation of property benefits under paragraph 1 of this Article, any other property has been transferred to such persons, this property shall be confiscated from them unless they can demonstrate that they paid its actual value.
GENERAL PART
Chapter Ten
FUNDAMENTAL PROVISIONS ON THE IMPLEMENTATION OF CRIMINAL SANCTIONS
Status of the Offender during Serving the Sentence of Imprisonment
Article 85
(1) Persons against which criminal sanctions are being implemented may be deprived of or have their constitutional and legal rights encroached upon only as far as is necessary for a particular sanction to be implemented.
(2) A person against whom a criminal sanction is being implemented shall not be subjected to torture or any other form of cruel, inhumane or degrading treatment. Any person who has suffered such treatment shall have the right to legal redress.
(3) The offenders shall be subjected to humane treatment, their personal dignity shall be respected, and their physical and mental integrity shall be protected.
(4) Appropriate health care shall be ensured for the offender as well as treatment of drug or alcohol abuse with his consent.
GENERAL PART
Chapter Ten
FUNDAMENTAL PROVISIONS ON THE IMPLEMENTATION OF CRIMINAL SANCTIONS
Serving of Sentence of Imprisonment
Article 86
(1) The offenders shall serve the sentence of imprisonment in prison prescribed by the statute.
(2) The offenders shall be placed in the above-mentioned prisons according to the degree of deprivation of liberty.
(3) The sentence of imprisonment up to nine months may be substituted with house detention. The court shall decide on substitute house detention with a decision, in which it shall determine that the offender may not leave the building of his permanent or temporary residence or a public institution for medical treatment or care. The court may exceptionally allow the offender to leave the premises of house detention for a definite period of time, when it is absolutely necessary to ensure vital necessities of life, medical assistance, or to perform work. If the offender leaves the building of house detention without the court’s prior consent or outside allowed time, the court may decide that the imposed sentence of imprisonment shall be executed.
(4) The sentence of imprisonment may also be implemented so that the offender in the period of maximum two years performs community service in the amount of minimum eighty and maximum four hundred and eighty hours. The community service shall be distributed in a way not to disturb the offender's obligations of his employment relationship. Such form of implementation shall be decided by the court, which ordered the sentence at the first instance, considering the objective and subjective circumstances of the perpetrator and his consent with this kind of implementation of the sentence. The sentence of imprisonment, which was imposed on the perpetrator for the criminal offence against sexual inviolability, cannot be substituted by community service. If the offender does not fulfil the tasks arising from performing community service, the court may order the execution of the sentence of imprisonment.
GENERAL PART
Chapter Ten
FUNDAMENTAL PROVISIONS ON THE IMPLEMENTATION OF CRIMINAL SANCTIONS
Method of Execution of Fines
Article 87
(1) If a fine cannot be forcibly collected, the court shall execute it so that one day of imprisonment shall be ordered for two daily instalments of the fine, whereby the imprisonment may not be longer than six months.
(2) If the offender pays only part of the fine, the remaining part shall be proportionately converted into days of imprisonment; however, if the remaining part is paid, the execution of the sentence of imprisonment shall be discontinued.
(3) If the offender dies, the fine shall not be executed.
(a) La pena privativa de libertad se cumplirá en un Estado designado por la Corte sobre la base de una lista de Estados que hayan manifestado a la Corte que están dispuestos a recibir condenados;
(b) En el momento de declarar que está dispuesto a recibir condenados, el Estado podrá poner condiciones a reserva de que sean aceptadas por la Corte y estén en conformidad con la presente Parte;
(c) El Estado designado en un caso determinado indicará sin demora a la Corte si acepta la designación.
2
(a) El Estado de ejecución de la pena notificará a la Corte cualesquiera circunstancias, incluido el cumplimiento de las condiciones aceptadas con arreglo al párrafo 1, que pudieren afectar materialmente a las condiciones o la duración de la privación de libertad. Las circunstancias conocidas o previsibles deberán ponerse en conocimiento de la Corte con una antelación mínima de 45 días. Durante este período, el Estado de ejecución no adoptará medida alguna que redunde en perjuicio de lo dispuesto en el artículo 110;
(b) La Corte, si no puede aceptar las circunstancias a que se hace referencia en el apartado (a), lo notificará al Estado de ejecución y procederá de conformidad con el párrafo 1 del artículo 104.
3. La Corte, al ejercer su facultad discrecional de efectuar la designación prevista en el párrafo 1, tendrá en cuenta:
(a) El principio de que los Estados Partes deben compartir la responsabilidad por la ejecución de las penas privativas de libertad de conformidad con los principios de distribución equitativa que establezcan las Reglas de Procedimiento y Prueba;
(b) La aplicación de normas de tratados internacionales generalmente aceptadas sobre el tratamiento de los reclusos;
(c) La opinión del condenado;
(d) La nacionalidad del condenado; y
(e) Otros factores relativos a las circunstancias del crimen o del condenado, o a la ejecución eficaz de la pena, según procedan en la designación del Estado de ejecución.
4. De no designarse un Estado de conformidad con el párrafo 1, la pena privativa de libertad se cumplirá en el establecimiento penitenciario que designe el Estado anfitrión, de conformidad con las condiciones estipuladas en el acuerdo relativo a la sede a que se hace referencia en el párrafo 2 del artículo 3. En ese caso, los gastos que entrañe la ejecución de la pena privativa de libertad serán sufragados por la Corte.
1. La Corte podrá en todo momento decidir el traslado del condenado a una prisión de un Estado distinto del Estado de ejecución.
2. El condenado podrá en todo momento solicitar de la Corte su traslado del Estado de ejecución.
1. Con sujeción a las condiciones que haya establecido un Estado de conformidad con el párrafo 1 (b) del artículo 103, la pena privativa de libertad tendrá carácter obligatorio para los Estados Partes, los cuales no podrán modificarla en caso alguno.
2. La decisión relativa a cualquier solicitud de apelación o revisión incumbirá exclusivamente a la Corte. El Estado de ejecución no pondrá obstáculos para que el condenado presente una solicitud de esa índole.
1. La ejecución de una pena privativa de libertad estará sujeta a la supervisión de la Corte y se ajustará a las normas generalmente aceptadas de las convenciones internacionales sobre el tratamiento de los reclusos.
2. Las condiciones de reclusión se regirán por la legislación del Estado de ejecución y se ajustarán a las normas generalmente aceptadas de las convenciones internacionales sobre el tratamiento de los reclusos; en todo caso, no serán ni más ni menos favorables que las aplicadas a los reclusos condenados por delitos similares en el Estado de ejecución.
3. La comunicación entre el condenado y la Corte será irrestricta y confidencial.
1. Los Estados Partes harán efectivas las multas u órdenes de decomiso decretadas por la Corte en virtud de la Parte VII, sin perjuicio de los derechos de terceros de buena fe y de conformidad con el procedimiento establecido en su derecho interno.
2. El Estado Parte que no pueda hacer efectiva la orden de decomiso adoptará medidas para cobrar el valor del producto, los bienes o los haberes cuyo decomiso hubiere decretado la Corte, sin perjuicio de los derechos de terceros de buena fe.
3. Los bienes, o el producto de la venta de bienes inmuebles o, según proceda, la venta de otros bienes que el Estado Parte obtenga al ejecutar una decisión de la Corte serán transferidos a la Corte.