GENERAL PART

Chapter Two
APPLICATION OF THE PENAL CODE

1. Personal Application

Equal Application of the Penal Code

Article 4

(2) The criminal law provision, which exceptionally refers only to the citizens of the Republic of Slovenia, shall not apply to the citizens of other European Union Member States and other aliens.

(3) If the criminal law provision applies exceptionally only to the aliens, it may determine when the citizens of other European Union Member States shall not be considered aliens.

GENERAL PART

Chapter Two
APPLICATION OF THE PENAL CODE

3. Territorial Application

Application of the Penal Code of the Republic of Slovenia to Any Person Who Commits a Criminal Offence in Its Territory

Article 10

(1) The Penal Code of the Republic of Slovenia shall apply to any person who commits a criminal offense in the territory of the Republic of Slovenia.

(2) The Penal Code of the Republic of Slovenia shall also apply to any person who commits a criminal offence on a domestic vessel regardless of its location at the time of the committing of the offence.

(3) The Penal Code of the Republic of Slovenia shall also apply to any person who commits a criminal offence on a domestic civil aircraft in flight or on a domestic military aircraft regardless of its location at the time of the committing of the offence.

Application of the Penal Code of the Republic of Slovenia for Specific Criminal Offences Committed in a Foreign Country

Article 11

The Penal Code of the Republic of Slovenia shall apply to any person who, in a foreign country, commits
- a criminal offence under Article 243 of this Penal Code or any other criminal offence, which according to the international agreement has to be prosecuted in all signatory states, irrespective of the location where it was committed, and
- criminal offences under Article 108 and Articles 348-360 of this Penal Code.

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

Article 12

The Penal Code of the Republic of Slovenia shall be applicable to any citizen of the Republic of Slovenia who commits any criminal offence abroad other than those specified in the preceding article.

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

Article 13

(1) The Penal Code of the Republic of Slovenia shall apply to any foreign citizen who has, in a foreign country, committed a criminal offence against the Republic of Slovenia or any of its citizens, even though the offences in question are not covered by Article 11 of this Penal Code.

(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.

Special Conditions for Prosecution

Article 14

(1) If, in cases under Article 10 and indent 1 of Article 11 of this Penal Code, the criminal procedure has been initiated or discontinued in a foreign country, the perpetrator may be prosecuted in the Republic of Slovenia only by permission of the Minister (hereinafter, the Minister) of Justice with the notice, under which conditions the prosecution shall not violate the double jeopardy.

(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.

(4) If, in the case under Article 12 of this Penal Code, the criminal offence committed against the Republic of Slovenia or the citizen thereof does not constitute a criminal offence under the law of the country where it was committed, the perpetrator of such an offence may be prosecuted only by permission of the Minister of Justice of the Republic of Slovenia.

(5) If, in all other cases except the cases referred to in indent 2 of Article 11 and paragraph 4 of this Article of this Penal Code, the criminal offence is not punished in the country where it was committed, the perpetrator may be prosecuted only by permission of the Minister of Justice and with the proviso that, according to the general principles of law recognised by the international community, the offence in question constituted a criminal act at the time it was committed.

(6) In the case under Article 10, the prosecution of a foreign person may be transferred to another country under the conditions provided by the statute.

GENERAL PART

Chapter Two

APPLICATION OF THE PENAL CODE

1. Personal Application

Equal Application of the Penal Code
Article 4

(2) The criminal law provision, which exceptionally refers only to the citizens of the Republic of Slovenia, shall not apply to the citizens of other European Union Member States and other aliens.

(3) If the criminal law provision applies exceptionally only to the aliens, it may determine when the citizens of other European Union Member States shall not be considered aliens.

Chapter Two

APPLICATION OF THE PENAL CODE

3. Territorial Application

Application of the Penal Code of the Republic of Slovenia to Any Person Who Commits a Criminal Offence in Its Territory
Article 10

(1) The Penal Code of the Republic of Slovenia shall apply to any person who commits a criminal offense in the territory of the Republic of Slovenia.

(2) The Penal Code of the Republic of Slovenia shall also apply to any person who commits a criminal offence on a domestic vessel regardless of its location at the time of the committing of the offence.

(3) The Penal Code of the Republic of Slovenia shall also apply to any person who commits a criminal offence on a domestic civil aircraft in flight or on a domestic military aircraft regardless of its location at the time of the committing of the offence.

Application of the Penal Code of the Republic of Slovenia for Specific Criminal Offences Committed in a Foreign Country
Article 11

The Penal Code of the Republic of Slovenia shall apply to any person who, in a foreign country, commits
- a criminal offence under Article 243 of this Penal Code or any other criminal offence, which according to the international agreement has to be prosecuted in all signatory states, irrespective of the location where it was committed, and
- criminal offences under Article 108 and Articles 348-360 of this Penal Code.

Application of the Penal Code of the Republic of Slovenia to Citizens of the Republic of Slovenia Who Committed a Criminal Offense Abroad
Article 12

The Penal Code of the Republic of Slovenia shall be applicable to any citizen of the Republic of Slovenia who commits any criminal offence abroad other than those specified in the preceding article.

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

(1) The Penal Code of the Republic of Slovenia shall apply to any foreign citizen who has, in a foreign country, committed a criminal offence against the Republic of Slovenia or any of its citizens, even though the offences in question are not covered by Article 11 of this Penal Code.

(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.

Special Conditions for Prosecution
Article 14

(1) If, in cases under Article 10 and indent 1 of Article 11 of this Penal Code, the criminal procedure has been initiated or discontinued in a foreign country, the perpetrator may be prosecuted in the Republic of Slovenia only by permission of the Minister (hereinafter, the Minister) of Justice with the notice, under which conditions the prosecution shall not violate the double jeopardy.
(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.

(4) If, in the case under Article 12 of this Penal Code, the criminal offence committed against the Republic of Slovenia or the citizen thereof does not constitute a criminal offence under the law of the country where it was committed, the perpetrator of such an offence may be prosecuted only by permission of the Minister of Justice of the Republic of Slovenia.

(5) If, in all other cases except the cases referred to in indent 2 of Article 11 and paragraph 4 of this Article of this Penal Code, the criminal offence is not punished in the country where it was committed, the perpetrator may be prosecuted only by permission of the Minister of Justice and with the proviso that, according to the general principles of law recognised by the international community, the offence in question constituted a criminal act at the time it was committed.

(6) In the case under Article 10, the prosecution of a foreign person may be transferred to another country under the conditions provided by the statute.