Criminal Procedure Act of the Republic of Slovenia (2006) (excerpts)

CRIMINAL PROCEDURE ACT

(excerpts)

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Article 3
Any person accused of a criminal offence shall be deemed innocent until his guilt has been
determined in a final judgement.


Article 4
(1) Any arrested person shall be advised immediately, in his mother tongue or in a language he
understands, of the reasons for his arrest. An arrested person shall immediately be instructed that he is
not bound to make any statements, that he is entitled to the legal assistance of a counsel of his own
choice and that the competent body is bound to inform upon his request his immediate family of his
apprehension.
(2) The suspect shall have the right to the services of a counsel from the moment of apprehension
onwards.
(3) Any restriction on the freedom of the suspect that involves forced detention shall be considered
as apprehension.
(4) If a suspect who has been apprehended does not have the means to retain a counsel by himself,
the police shall, upon request of the suspect, appoint a counsel for him at the expense of the state if
this is in the interest of justice.


Article 5
(1) The accused shall at the first interrogation be informed of the offence he is charged with and of
the grounds on which the charge has been brought against him.
(2) The accused shall be enabled to make a statement on all the facts and evidence which
incriminate him and to state all facts and evidence in his favour.
(3) The accused shall not be obliged to plead his case or to answer any questions; if he pleads his
case he shall not be obliged to incriminate himself or his close relatives, nor to confess guilt.


Article 6
(1) Criminal proceedings shall be conducted in the Slovenian language.
(2) If in accordance with the Constitution the language of the Italian or the Hungarian minority is
also used as the official language of the court, criminal proceedings may be conducted in the
languages of these minorities in the manner defined by law.


Article 7
(1) Charges, appeals and other submissions shall be filed with the court in the Slovenian language.
(2) In those areas in which members of the Italian or Hungarian national minority reside, members
of these national minorities shall be allowed to file submissions in the Italian or the Hungarian
language if these languages are used as official languages of the court.
(3) A foreigner who has been deprived of freedom shall have the right to file submissions with the
court in his language; in other cases foreign subjects shall be allowed to file submissions in their
languages solely on the condition of reciprocity.


Article 8
(1) Parties, witnesses and other participants in the proceedings shall have the right to use their own
languages in investigative and other judicial actions and at the main hearing. If a judicial action or the
main hearing is not conducted in the languages of these persons, the oral translation of their
statements and of the statements of others, and the translation of documents and other written
evidence, must be provided.
(2) Persons referred to in the preceding paragraph shall be informed of their right to have oral
statements and written documents and evidence translated for them; they may waive translation rights
if they know the language in which the proceedings are conducted. The fact that they have been
informed of their right, as well as their statements in this regard, should be entered in the record.
(3) The translation shall be done by a court interpreter.


Article 9
(1) Summons, orders and other written material shall be served in the Slovenian language.
(2) Those courts in which the Italian or Hungarian language are in official use shall also serve
summons in the Italian or Hungarian language. Court orders and other written material shall be served
in the Italian or Hungarian language only where the procedure is conducted in both official languages.
Participants in proceedings may waive having court orders and other written material served on them
in the Hungarian or the Italian language. The waiver should be entered in the record.
(3) A person who has been deprived of freedom shall be served the written material referred to in
the first paragraph of this Article in the language which he uses in the proceedings, unless he has
waived the right to translation consistent with the second paragraph of the preceding Article of this
Act.


Article 10
(1) No person shall be prosecuted and punished for a criminal offence of which he has been
acquitted or convicted under a legal ruling, or if criminal proceedings against him were suspended or
charges against him dismissed through a legal ruling.
(2) A final court decision may only be reversed through extraordinary legal remedies in favour of
the convicted person.


Article 11
The forcing of a confession or of any other statement from the accused or from any other
participant in the proceedings is prohibited.


Article 12
(1) The accused shall have the right to conduct his own defence or to avail himself of the expert
assistance of a defence counsel chosen by himself from among lawyers.
(2) If the accused does not retain counsel, the court shall appoint defence counsel for him where so
provided by this Act.
(3) If the accused does not have the means to retain counsel, the state shall, upon his request,
provide him with defence counsel at the expense of the state and under conditions defined by this Act.
(4) The accused shall be given the appropriate time and conditions to prepare his defence.


Article 13
A person who has been wrongfully convicted of a criminal offence or deprived of freedom without
good cause shall have the right to rehabilitation and indemnification, as well as other rights provided
by this Act.


Article 14
The accused or other participants in the procedure who, out of ignorance, might omit to perform an
act or to exercise their rights in the course of proceedings shall be instructed by the court as to the
rights to which they are entitled under this Act and of the consequences of failure to perform such an
act.


Article 15
The court shall undertake to ensure that proceedings are conducted without unnecessary delay and
that any abuse of the rights of participants in the proceedings is rendered impossible.


Article 16
(1) The prosecutor and the accused shall have the status of equal parties in criminal procedure,
unless otherwise provided by this Act.
(2) The prosecutor shall state the facts on which he bases charges and provide evidence of these
facts.
(3) The accused shall have the right to state facts and provide evidence in his favour.

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Chapter Six
DEFENCE COUNSEL


Article 67
(1) The accused may have legal counsel at any stage of the proceedings.
(2) Prior to the first interrogation, the accused shall be instructed that he is entitled to retain defence
counsel and that defence counsel may attend his interrogation.
(3) Defence counsel may also be retained by the legal representative of the accused, the spouse of
the accused or the person with whom the accused lives in domestic partnership, by his relatives by
blood in direct line, the adopter, the adoptee, brother, sister or foster parent.
(4) Only lawyers may be engaged as defence counsel, but they may delegate articled clerks to
deputise for them. Before the supreme court only a lawyer may act as counsel for the defence.
(5) Defence counsel shall be bound to submit the power of attorney to the body that conducts the
proceedings. The accused may give the power of attorney to his lawyer orally, to be entered in the
record at the body that conducts the procedure.


Article 68
(1) Defence counsel may not defend two or more accused persons in the same criminal matter.
(2) The accused may retain several defence counsels but it shall be considered that defence is
secured if only one defence counsel takes part in the proceedings.


Article 69
(1) The injured party, the spouse of the injured party or of the prosecutor, the person with whom the
injured party or the prosecutor lives in domestic partnership, and persons to whom the injured party or
prosecutor are related by blood in direct line to any remove or collaterally up to four removes or by
marriage up to two removes, may not be counsel for the defence.
(2) A person summoned as a witness may not be counsel for the defence, except where under this
Act he is exempt from the obligation to testify and declares that he will not testify, or where defence
counsel is heard as a witness under point 2 of Article 235 of this Act.
(3) A person who was the judge or the public prosecutor in the same matter may not act as defence
counsel.


Article 70
(1) If the accused is deaf, dumb or otherwise incapable of defending himself successfully, or if
criminal proceedings are conducted against the accused for a criminal offence punishable by thirty
years of imprisonment, or if he is brought before an investigating judge according to Article 157 of
this Act, the accused shall have defence counsel from the very first interrogation.
(2) The accused shall be bund to have defence counsel in proceedings under Article 204.a of this
Act for as long as he is subject to a detention order.
(3) The accused shall be bound to have defence counsel at the time the charge sheet is served on
him if the law prescribes a punishment of eight years imprisonment or a more severe punishment for
the criminal offence he is charged with.
(4) If in the cases of mandatory defence referred to in the preceding paragraphs the accused fails to
retain defence counsel by himself, the president of the court shall appoint defence counsel ex officio
for the further course of criminal proceedings until the finality of the judgement; if the accused has
been sentenced to thirty years in prison or if he is deaf, dumb or otherwise incapable of defending
himself successfully, he shall have defence counsel appointed for him for the extraordinary judicial
review as well. If defence counsel is appointed ex officio after the charge sheet has been filed, the
accused shall be informed thereof at the time the charge sheet is served on him. If in the case where
defence is mandatory the accused remains without defence counsel and fails to retain one by himself,
the president of the court before which the proceedings are conducted shall appoint defence counsel ex
officio.
(5) Only a lawyer may be appointed as defence counsel.


Article 71
(1) If defence is not mandatory, an accused person who by reason of his material situation cannot
afford to retain counsel may upon request have defence counsel appointed for him ex officio if that is
in the interest of justice.
(2) The accused may file a request from the preceding paragraph after the charge sheet has been
served. The request shall be decided by the judge presiding the panel and defence counsel shall be
appointed by the president of the court. The provision of the fifth paragraph of the preceding article
shall apply to the question of who may be appointed as defence counsel.
(3) A lawyer appointed by the police ex officio as defence counsel for a suspect (fourth paragraph
of Article 4) shall also discharge that duty in the proceedings under Article 204.a of this Act and in the
criminal proceedings against the accused, under the same conditions as a defence counsel appointed
by the court.


Article 72
(1) In instances where the grounds for mandatory defence referred to in Article 70 of this Act cease,
and also where the accused takes another defence counsel in place of the assigned defence counsel, the
assigned defence counsel shall be dismissed.
(2) The assigned defence counsel may only move to be withdrawn from the case for valid reasons.
(3) The withdrawal of defence counsel in cases referred to in the first and second paragraphs of this
Article shall in the procedure before the main hearing be decided by the investigating judge or the
presiding judge, in the main hearing by the panel of judges, and in the appeal procedure by the
presiding judge of the court of first instance or the panel of judges competent to decide in the
procedure on appeal. There shall be no appeal against this decision.
(4) The president of the court may upon petition by or with the consent of the accused withdraw
appointed defence counsel if the latter does not discharge his duty properly, and appoint a new one in
his stead. The withdrawal of defence counsel shall be reported to the Bar.


Article 73
After a motion for criminal prosecution has been filed by the authorised prosecutor, or individual
acts of investigation have been performed by the investigating judge prior to his ordering the
investigation, defence counsel shall be entitled to examine and copy papers and inspect the collected
items of evidence.


Article 74
If the accused is in detention, defence counsel may communicate with him in writing or orally
without supervision.


Article 75
(1) Defence counsel shall be entitled to do anything the accused is entitled to do, to the advantage
of his client.
(2) The rights and duties of defence counsel shall cease if the accused withdraws the power of
attorney.

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