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Press Release

31.01.19

Concern for the well being and procedural rights of victims to be prioritised in criminal proceedings

Photo: Bor Slana/STA

At today's session the Slovenian government adopted the text of the Draft Act amending the Criminal Procedure Act (ZKP–N).

 

The basic objective of the draft act is to implement the Victims’ Rights Directive (Directive of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime), which Slovenia has delayed adopting for several years.  The European Commission extended the deadline for transposition of the directive until 9 April 2019; after that time, legal action could be taken against Slovenia by the EU Court in Luxembourg.

 

The draft act contains significant solutions relating to the transposition of rulings passed by the Slovenian Constitutional Court and the European Court of Human Right, as well as several other solutions, which have undergone a long-term professional coordination process, connected with practical challenges.

Among other things, the draft act:

- supplements the applicable regulation governing the status of victims, comprehensively regulating that status at the systemic level; 

- provides tools for the fight against economic, banking and cyber crime, with appropriate safeguards and a suitable level of rights for participants in the procedure;

- lays down more precisely the conditions for retaining or destroying material from undercover investigation work; 

- provides that a prosecutor may file several motions for investigatory acts prior to the introduction of judicial investigations;

- reduces the unnecessarily protracted process of reading evidentiary material at main hearings;

- limits the abuse of medical certificates to justify absence from main hearings or individual procedural acts for medical reasons;

- regulates the option of electronic procedures in criminal cases; 

- makes it easier to acquire a certificate stating that an individual is not involved in criminal proceedings.

 

The draft act has been coordinated with key expert stakeholders in the criminal procedure: the police, the state prosecutor’s office, the justice system and lawyers.

 

After adoption of the draft act, the Ministry of Justice will, in cooperation with the competent stakeholders, form a working group charged with implementing the provisions relating to victims of crime.

  

Some of the solutions originally proposed that could not be coordinated at the expert level because of the short time frame for implementation of the Victims’ Rights Directive, will be coordinated at a later date.


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