Slovenia Judicial and Prosecutorial Process
Rights of the accused at trial. The principle of the presumption
of innocence and the right to have a counsel at the first
interrogation govern the treatment of the accused. The accused
also has the right not to incriminate him/herself. In the trial
process, the accused is tried either by a panel of three judges
(one professional and two lay persons) or five judges (two
professionals and three lay persons) and in cases of trivial
offenses, by a single professional judge. A guilty plea does not
change the procedural guarantees of the accused.
Assistance to the accused. The accused can choose his defense
counsel freely. Counsel is appointed in serious cases, or if the
accused is indigent, or if the court finds the accused in need
due to special limitations (physical or mental). There is no
public defender system in Slovenia.
Preparatory procedures for bringing a suspect to trial.
Police carry out the preliminary procedures which have no
bearing on the judicial phase. The investigation magistrate
carries out the pretrial procedures on the basis of a demand
filed by the prosecutor. The prosecution is carried out by the
prosecutor's office.
Alternatives to trial. There are only a few alternatives to
going to trial. In principle, the prosecutor is bound by the
principle of legality; a suspect must be prosecuted if there is
"reasonable suspicion that an offense had been committed". In
cases of trivial criminal offenses the procedure can be
transferred to a different, less repressive, agency (for
example, the office of petty offense magistrates)
Bail procedure. The law provides for bail, but it is
rarely used.
Slovenia Police
The police have a three-tiered organizational structure: 1)
state level (Ministry of Interior); 2) regional level (Police
Administration Departments); and 3) local level (Police
Stations). Although a hierarchy governs the relations among the
different police levels, each individual level performs its
duties independently within a territorially limited area. The
hierarchically superior body takes over any tasks which go
beyond the local or regional level. The superior level also
monitors and exercises some control over the lower one. Both the
Criminal and General Police are responsible for the suppression
of crime.
Police recruits attend the School for Cadets for 4 years
after primary school (age 15) and the Higher School for Internal
Affairs (Police College) for 2 years. All police training
schools are located within the Education Center of the Ministry
of Interior. It is required that all other applicants for
General or Criminal Police must have at least finished high
school. In addition, they must undergo a 6-month training course
before they can start to work as police officers.
Use of deadly force. Force can be used as a last resort to
restore peace and order. In extreme cases, deadly force can be
used for self-defense.
Stop/apprehend a suspect. The police may stop and identify a
person if s/he acts suspiciously, is in a suspicious place at a
suspicious time, is caught in the act of committing a criminal
offence, or if there are some other reasons for suspicion. After
the process of identification and interview the police must
either bring the alleged offender to the Investigative Judge or
release her/him.
The decision to arrest. The police have no power to arrest.
However, they can keep individuals in custody for 24 hours for
the purpose of identification. The police may also keep chronic
alcoholics that commit violations against public peace and order
in custody.
Search and seizure of property. Officers can search a
property with a court order or if a suspect is presumed to be
hiding there.
Confessions. Police officers cannot interrogate suspects, so
possible confessions do not have legal value.
Complaints against police behavior. Complaints against police
behavior can be reported to the Ministry of Interior or State
Prosecutor if a criminal offense has been committed. There is
also an independent bureau inside the Ministry of the Interior
which deals with complaints against officers.
Slovenia Extradition and Treaties:
As legal heir of Yugoslavia, Slovenia has accepted all of its
bilateral or multilateral international treaties. As a result,
Slovenia has already signed extradition treaties with Austria,
Finland, Italy, Sweden, Thailand. Slovenia has also indicated
its willingness to abide by all extradition treaties of former
Yugoslavia (those with Australia, Belgium, Canada, France,
Germany, Great Britain, Netherlands, Spain, Turkey, and the
United States, as well as treaties on transfer of prisoners with
the Czech Republic, Denmark, and Turkey). As a general rule,
Slovenia accepts all extradition legislation established by the
former Yugoslavia. |
