Fiches Belges

The Slovenian Criminal Code is legal basis for confiscation and distinguishes two types of confiscation: confiscation (seizure) of instrumentalities and confiscation of proceeds of crime. The Slovenian Criminal Procedure Act deals with temporary measures, which have been instituted with the aim to secure instrumentalities or proceeds of crime. A freezing order for proceeds of crime shall be issued by a judge upon a prosecutor’s request. Assets can be sequestrated before or during the investigation and are considered either as instrumentalities or proceeds from crime. The Police can authorize sequestration of instrumentalities – objects of criminal offence (in pre-criminal proceedings) and the investigating judge can authorize sequestration of instrumentalities - objects of criminal offence or proceeds (in pre-criminal proceedings or investigative stage of the 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.

If the ordering judicial authority so orders in a warrant, or if so provided by the national criminal code, the investigating judge of a District Court shall seize and hand over to the ordering judicial authority any objects which might serve as evidence in criminal proceedings. If, when issuing a warrant, an ordering judicial authority orders the freezing of proceeds, the investigating judge of a District Court shall order the temporary securing of property in the Republic of Slovenia. (Police for seizure of assets as instrumentalities.)

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.

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