Database of Legislation

 Chapter 2 - Section 3
 Article 10-13

UNTOC Articles

  • Organized Crime Convention

  • Article 15: Jurisdiction
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Application of the Criminal Code of the Republic of Slovenia to any person who commits a criminal offence in Its territory

    Article 10

    (1) A criminal law Act of the Republic of Slovenia shall apply to any person who commits a criminal offence in the territory of the Republic of Slovenia.

    (2) A criminal law Act of the Republic of Slovenia shall also apply to anyone who commits a criminal offence on a domestic vessel regardless of its location at the time of the commission of the act.

    (3) A criminal law Act of the Republic of Slovenia shall also apply to anyone who commits a criminal offence on a domestic civil aircraft in flight or on a domestic military aircraft regardless of its location at the time of the commission of the act. 

     

    Application of the Criminal Code of the Republic of Slovenia to specific criminal offences committed in a foreign country

    Article 11

    A criminal law Act of the Republic of Slovenia shall apply to anyone who, in a foreign country, commits

    - a criminal offence referred to in Article 243 of this Code or a criminal offence referred to in Articles 332, 333 and 334 of this Code, provided that such was committed in the ecological protection zone or on the continental shelf of the Republic of Slovenia, and

    - a criminal offence referred to in Article 108 and Articles 348 to 360 of this Code.

     

    Application of a criminal law Act of the Republic of Slovenia to citizens of the Republic of Slovenia who commit a criminal offence abroad

    Article 12

    A criminal law Act of the Republic of Slovenia shall be applicable to any citizen of the Republic of Slovenia who commits any criminal offence abroad other than those specified in the preceding Article.

     

    Application of a criminal law Act of the Republic of Slovenia to foreign citizens who commit a criminal offence abroad

    Article 13

    (1) A criminal law Act of the Republic of Slovenia shall apply to any foreign citizen who, in a foreign country, commits a criminal offence against the Republic of Slovenia or any of its citizens, even if the offence in question is not referred to in Article 11 of this Code.

    (2) A criminal law Act of the Republic of Slovenia shall also apply to any foreign citizen who, in a foreign country, commits a criminal offence against a third country or any of its citizens if he or she has been apprehended in the territory of the Republic of Slovenia but has not been extradited to the foreign country. In such cases, the court shall not impose a sentence on the perpetrator that is more severe than the sentence prescribed by the relevant Act of the country in which the offence was committed.

    (3) A criminal law Act of the Republic of Slovenia shall also apply to anyone who commits a criminal offence abroad that, under the relevant international agreements or general legal principles recognised by the international community, is subject to prosecution, regardless of the location where it was committed.

     
     

    Cross-Cutting Issues

    • Jurisdiction

      • • Principle of territoriality (offences committed upon one state’s territory, even if the offender is a foreign citizen)
        • On board a ship/vessel flying its flag
        • On board an aircraft registered under its laws
        • Universal jurisdiction (jurisdiction is established over any person accused of committing grave international crimes e.g. piracy, war crimes, grave breaches of the Geneva Conventions)
        • Active principle of nationality (offence committed outside its territory by its nationals)
        • Passive principle of nationality (offence committed outside its territory against its nationals)
        • Legally binding international agreements
     

    Comment

    Please note that this is an unofficial translation of the Act.