Fiches Belges
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: Is-Slovenja

Konfiska (505)

1. MEASURE IMPLEMENTATION

Is-Slovenja

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

Yes. Criminal Code determines the conditions for confiscation of property gains, acquired by the criminal offence. Nobody may retain the pecuniary gain acquired through or owing to the committing of a criminal offence. The pecuniary gain is confiscated by a court decision, with which it was established according to the conditions laid down in the Code, that the criminal offence was committed. The Criminal Code stipulates that objects, which were used or intended for the perpetration of a criminal offence or gained through a criminal offence, may be confiscated if they belong to the perpetrator. For reasons of general security or morality the objects in question may be confiscated even if they do not belong to the perpetrator if the rights of other persons to claim damages from the perpetrator are not thereby affected. The Criminal Code also stipulates that the statute may provide for compulsory confiscation of objects even if the objects in question do not belong to the perpetrator. The Criminal Code lies down the basis for confiscation of proceeds from crime. Money, valuables and other proceeds gained through or owing to the commission of a criminal offence shall be confiscated from another beneficiary (3rd person) who is not the perpetrator. If the said proceeds gained through a criminal offence cannot be confiscated, the Criminal Code provides a possibility that other property equivalent to the proceeds of crime be confiscated. This provision protects the rights of innocent third parties and stipulates the confiscation of property benefits when they were transferred to relatives unless they can demonstrate that they paid its actual value. In this instance the reversal of the burden of proof has been used successfully. National legislation dealing with the liability of legal entities for criminal offences regulates also the possibility of confiscation of proceeds from a legal person. Objects, which pursuant to the Criminal Code may or have to be confiscated, shall be confiscated even when criminal proceedings do not end in a verdict of guilty if there is a danger that they might be used for a criminal act or where so required by the interests of public safety or by moral considerations. The owner of the objects is entitled to appeal against the decision if he considers that statutory grounds for confiscation do not exist.

2. LEGAL FRAMEWORK

Is-Slovenja

International legal framework applicable for this measure in your Member State

2006/783/JHA: Confiscation orders of 6 October 2006; 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:

Is-Slovenja

* receive the request/decision for judicial cooperation

Under the 2006/783/JHA: Confiscation orders of 6 October 2006: An investigating judge has jurisdiction over recognition of a confiscation order. The territorial jurisdiction of a court shall be determined according to the place where the property which is the subject of enforcement is located. If more assets or objects are indicated in the request concerning property, territorial jurisdiction shall be determined according to the first item indicated for enforcement. If territorial jurisdiction cannot be determined according to the preceding conditions, it shall be determined according to the permanent or temporary residence of the person against whom confiscation is ordered; for a legal person it shall be determined according to its registered office, or, if such legal person has a branch office, according to the place of its branch office. If territorial jurisdiction cannot be determined according to the provisions of the preceding paragraphs, the District Court of Ljubljana has jurisdiction.

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

N/A

4. ACCEPTED LANGUAGES

Is-Slovenja

Accepted languages for the request/decision

Slovenian/English

5. EXECUTION DEADLINE

Is-Slovenja

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Is-Slovenja

a. Special requirements

N/A

b. Other useful information

Usually the Court makes a decision regarding this measure at the end of the criminal proceedings when issuing a judgment. The Court may decide that proceeds are confiscated, partly confiscated or that they are not confiscated. Also "in rem" procedure is possible. The measure is executed according to the procedure prescribed in the Slovene Criminal Procedure Code, unless an international agreement or other international or bilateral act prescribes a different procedure.

Last reviewed on 6 Lulju 2016 by EJN Secretariat

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