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
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