Regulations, the prospects of such instruments being taken into account in practice are very low.19 General conditions for surrender and grounds for refusal Surrendering a person on the basis of a warrant is admissible if the warrant is issued for a criminal offence punishable in the ordering State by deprivation of liberty for a maximum period of at least one year, or for the purpose of enforcing a custodial sentence, security measure or other measure imposed by a criminal court involving deprivation of liberty for at least four months, and if the act for which surrender is requested is also considered a criminal offence under the national criminal code (double criminality).20 The CCMMSEUA prescribes a list of mandatory grounds for refusal;21 for example, if a warrant is issued for a criminal offence which would have been covered by an amnesty in Slovenia; or for which the requested person has already been finally acquitted or convicted in the Republic of Slovenia or in another Member State or a third country (if a sentence has been imposed, the sentence has already been served or is currently being served, or may no longer be executed under the legislation of the sentencing Member State); or if for the criminal offence the criminal proceedings against the requested person were finally discontinued in the Republic of Slovenia, or the charge was finally dismissed as unfounded, etc. The CCMMSEUA also prescribes a list of optional grounds for refusal, for example in cases, where the person who is the subject of the warrant is subject to prosecution in the Republic of Slovenia for the same criminal offence as that on which the warrant is based, provided that criminal proceedings could clearly be conducted more easily in the Republic of Slovenia.22 19 Interview with a representative of the Human Rights Ombudsman. Article 9(1) of the Cooperation in Criminal Matters with the Member States of the European Union Act (Zakon o sodelovanju v kazenskih zadevah z državami članicami Evropske unije), 23 May 2013. 21 Article 10 of the Cooperation in Criminal Matters with the Member States of the European Union Act (Zakon o sodelovanju v kazenskih zadevah z državami članicami Evropske unije), 23 May 2013. 22 Article 11 of the Cooperation in Criminal Matters with the Member States of the European Union Act (Zakon o sodelovanju v kazenskih zadevah z državami članicami Evropske unije), 23 May 2013. 20 9

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