The International Comparative Legal Guide To: Business Crime 2012 - A Practical Cross-Border Insight Into Business Crime (Slovenia)

Mondaq Business BriefingSlovenia Articles in EnglishGovernment & Public Sector (2011)

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The International Comparative Legal Guide To: Business Crime 2012 - A Practical Cross-Border Insight Into Business Crime (Slovenia)

Previously published by Global Legal Group

1. General Criminal Law Enforcement

1.1 What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?

Enforcement of criminal law and initiation of the criminal procedure in Slovenia depends on the type of criminal offence and is regulated in the Criminal Code (Kazenski zakonik, KZ-1) for each specific offence separately and in the Criminal Procedure Act (Zakon o kazenskem postopku, ZKP), which regulates the criminal prosecution. In general, enforcement of criminal law is entrusted to the Office of the State Prosecutor General, which is an independent State agency. Its hierarchical organisation into the State Prosecutor's Office, governed by the Attorney-General and District (regional) State Prosecutor's Offices, is mostly regulated in the State Prosecutor Act (Zakon o dr~avnem to~ilstvu, ZDT-1). There are no separate national or regional levels of enforcement authorities. Also, no special law enforcement agencies exist.

However, a special governmental Office for Money Laundering Prevention has some investigative authorities and may use them in case of criminal offences concerning money laundering. However, if the state prosecutor finds that there are no grounds to institute or to continue criminal proceedings, the injured party itself may assume prosecution. For some offences, the victim, functioning as the private prosecutor, may also initiate the procedure. Criminal offences with a predominant personal element may only be prosecuted upon the victim's motion to prosecute.

1.2 If there are more than one set of enforcement agencies, please describe how decisions on which body will investigate and prosecute a matter are made.

With regard to the state prosecution, the State Prosecutor Act sets forth the competent state prosecutor office which corresponds to the levels of the court organisation. The internal hierarchical structure is reflected in the right of the superior state prosecutor to take over an individual matter or task for which a lower-level state prosecutor is otherwise competent. Moreover, the Office of the State Prosecutor General decides on disputes over the jurisdiction that occur between District State Prosecutors' Offices and in the cases of transferral of jurisdiction to other territorial offices.

The newly amended State Prosecutor Act established a Specialized State Prosecution Office whic...

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