Fichas Belgas
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Eslovenia

Restitución (503)

1. MEASURE IMPLEMENTATION

Eslovenia

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. Restitution arising out of the commission of a criminal offence shall upon a motion by rightful claimants be dealt with in criminal procedure, provided that the determination of those claims does not significantly protract the procedure. A claim for indemnification may consist of a demand for compensation for damage, the recovery of property or the cancellation of a legal transaction. The person entitled to assert such claim in a civil action may make the motion for the assertion of an indemnity claim in criminal procedure. Objects seized during the criminal procedure shall be returned to the owner or actual holder if the procedure is discontinued and there are no grounds for them to be confiscated.

2. LEGAL FRAMEWORK

Eslovenia

International legal framework applicable for this measure in your Member State

2003/577/JHA: Freezing Orders of 22 July 2003; Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union; European Convention on Mutual Assistance in Criminal Matters with Additional Protocols; Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime;Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism;

3. COMPETENT AUTHORITY TO:

Eslovenia

* receive the request/decision for judicial cooperation

The Court. The investigative judge may in the pre-criminal proceedings and in the stage of investigation issue an order to secure the claim of the entitled person.

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Eslovenia

Accepted languages for the request/decision

Slovenian/English

5. EXECUTION DEADLINE

Eslovenia

Deadlines for the execution of the request/decision (where applicable)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Eslovenia

a. Special requirements

N/A

b. Other useful information

When issuing the judgment the court may decide to satisfy the claim, confirm the claim only in part, refuse the claim or instruct the claimant to start a civil suit concerning this claim. The measure is executed according to the procedure prescribed in the Criminal Procedure Code, unless an international agreement or other international or bilateral act prescribes a different procedure.

Last reviewed on 6 julio 2016 by Secretariado de la RJE
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