'Nationality jurisdiction - national proceedings' 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 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.

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 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 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.

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.