Fiches Belges

In accordance with Article 50 of the 2000 MLA Convention, procedural documents can be directly sent to the addressee by post, with no intervention of the Slovene judicial or administrative authorities, unless one of the exceptions foreseen in the said article applies, namely if the address of the person is unknown or uncertain, if the law of the requesting state demands a different proof of service, if it has not been possible to serve the document by post or if the requesting State has reasons to believe it will not be feasible or appropriate. In the cases when the Republic of Slovenia is the requested State, procedural documents are being served in accordance with the Criminal Procedure Act. A decision and letter shall be served directly to the person to whom it is addressed, and the person should be bound to receive it. If that person cannot be reached at the address of domicile or residence, the process server shall serve it on one of the adult members of the household, who are bound to receive the letter. If they are not found in the apartment, the letter shall be served on the janitor or a neighbor, if they are willing to receive it. It shall be deemed by such acts that the letter is served. If a decision and letter is served on a person at his place of work, and the person cannot be reached, delivery can be affected to the person authorized to receive mail who is bound to receive it, or to the co-employee, if he is willing to receive it. It shall be deemed by such acts that the letter is served. If it is determined that the person to whom the decision and letter is to be served is absent for that reason are unable to serve it on him in due time, the process server shall inform himself where the recipient can be found and shall return letter to the sender with a notice stating the address at which the letter could be served on the recipient. The process server shall leave the notice on attempted service at the address where the service should have been performed. Service of documents, produced in electronic form, can also be carried out by secure electronic means, if the addressee is in possession of a secure mailbox.

EU MLA Convention 2000 (Art. 5) Non-EU countries - Art 15 and 16 of CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2001);Schengen Convention; Bilateral Agreements.

Sending and service by post may be done directly to the addressee, without the involvement of the competent national authority. In cases when the direct service is not possible or successful, the competent authorities are the District Courts. The competence is established by the permanent or temporary residence of the person or in cases then the addressee is a legal entity by the place where the legal entity is located. In misdemeanor proceedings, the competent authorities are the Misdemeanor Courts. The competence is established by the permanent or temporary residence of the person or in cases then the addressee is a legal entity by the place where the legal entity is located.

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