the person was sentenced on the grounds of their sex, race, religion, ethnic origin,
nationality, language, political conviction or sexual orientation, or where such person's
position was significantly worse for any of these reasons.43
The courts also reject recognition and execution if the imposed sentence includes
psychiatric treatment, health care or another measure involving deprivation of liberty
which cannot be executed in the Republic of Slovenia in spite of the application of the
provisions of the CCMMSEUA on the adaptation of sentences.44 This provision implements
Article 9(1)(k) of the Council Framework Decision on the application of the principle of
mutual recognition to judgments in criminal matters.45
Prior to forwarding the decision, a competent authority of the issuing State may consult
with a competent national court regarding whether the transferred execution of sentence
would facilitate the social rehabilitation of the sentenced person. During consultations, a
national court must take into account the opinion of the sentenced person regarding the
transfer of execution of sentence if the sentenced person expresses such an opinion.46
A national court may submit to a competent authority of the issuing State a reasoned
opinion of refusal which states why the transfer of execution to the Republic of Slovenia
would not facilitate the social rehabilitation of the sentenced person.47 If a competent
authority of the issuing State forwards the judgment without the prior consultation, the
opinion of the national court may be sent immediately upon receipt of the certificate and
the judgment. In such cases, the national court will set an appropriate time limit within
43
Article 132(1)(8) 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.
44
Article 132(1)(9) 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.
45
Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the
principle of mutual recognition to judgments in criminal matters imposing custodial sentences or
measures involving deprivation of liberty for the purpose of their enforcement in the European
Union, OJ L 327, 5.12.2008, p. 27–46 <https://eur-lex.europa.eu/eli/dec_framw/2008/909/oj>
46
Article 133 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
47
Article 133(3) 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.
18
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