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.

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104
Change in designation of State of enforcement
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 105
Enforcement of the sentence
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106
Supervision of enforcement of sentences and conditions of imprisonment
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.