Fiches Belges

Freezing of bank accounts is possible with the purpose of securing the proceeds to be confiscated. Freezing is ordered on the proposal of the state prosecutor and is executed by the investigating judge (in the pre-criminal proceedings and in the investigation proceedings).

Regulation (EU) 2018/1805 of 14 November 2018 on the mutual recognition of freezing and confiscation orders; 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 (1959) 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 (Warsaw Convention); United Nations Convention Against Transnational Organized Crime (UNTOC, Palermo Convention) Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders; Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence.

An investigating judge of a district court shall have jurisdiction over the recognition and execution of a decision on seizure or freezing issued by another Member State. The territorial jurisdiction of a national court shall be determined according to the place where the object or property to be seized or frozen are located. If multiple objects of types of property are indicated in the request concerning property, the court having jurisdiction over the first object or property indicated also has territorial jurisdiction to render a decision. If territorial jurisdiction cannot be determined according to the provisions of the preceding paragraphs, the District Court of Ljubljana shall have jurisdiction.

Slovenian and English

A national court must render a decision as soon as possible, within 24 hours of receiving the decision if possible. Under the Regulation 2018/1805 as of 19 Dec 2020 in urgent cases within 48 hours.

The Court obtains the data on accounts, statement of account and other data. The Court forwards the written order on the securing of funds (freezing of accounts) to the bank for the execution (by mail, fax or courier).