'Jurisdiction of custodial State or State where present' in document 'Slovenia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter Two
APPLICATION OF THE PENAL CODE

3. Territorial Application

Application of the Penal Code of the Republic of Slovenia to Foreign Citizens Who Committed a Criminal Offense Abroad

Article 13

(2) The Penal Code of the Republic of Slovenia shall also be applicable to any foreign citizen who has, in a foreign country, committed a criminal offence against a third country or any of its citizens if he has been apprehended in the territory of the Republic of Slovenia, but was not extradited to the foreign country. In such cases, the court shall not impose a sentence on the perpetrator heavier than the sentence prescribed by the law of the country, in which the offence was committed.

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.

Chapter Two

APPLICATION OF THE PENAL CODE

3. Territorial Application

Application of the Penal Code of the Republic of Slovenia to Foreign Citizens Who Committed a Criminal Offense Abroad
Article 13

(2) The Penal Code of the Republic of Slovenia shall also be applicable to any foreign citizen who has, in a foreign country, committed a criminal offence against a third country or any of its citizens if he has been apprehended in the territory of the Republic of Slovenia, but was not extradited to the foreign country. In such cases, the court shall not impose a sentence on the perpetrator heavier than the sentence prescribed by the law of the country, in which the offence was committed.

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.