proceedings and how they are (not) corresponding to the safeguards included in the
Recommendation.
•
Presumption of vulnerability
No presumption of vulnerability for persons with psychosocial and/or intellectual
disabilities is prescribed by the national law.
•
Right to information
Both the police and the competent investigating judge must inform the requested person
of their rights:
-
that they are not obliged to make any statement;
-
that they have the right to the immediate legal assistance of a defence counsel of
their own choosing;
-
that they the right to right to choose a lawyer in the issuing state who can assist
the defence counsel in the effective exercise of his or her rights by providing
information and advice;
-
that on the person's request a competent authority must notify the person’s nextof-kin their deprivation of liberty;
-
if the requested person is not a national of the Republic of Slovenia, they must
also be notified of the fact that on their request, a competent authority must
notify a consulate of the person’s country of the deprivation of liberty.32
At the hearing, the investigating judge must also instruct the person about content of the
EAW and about the possibility of consenting to the surrender.33 They must also instruct
the requested person on the meaning of the speciality rule, on the fact that the person
may waive the application of this principle, on the consequences of such waiver, and on
the fact that the waiver is voluntary and may not be revoked.
The Act does not foresee any special form for the provision of information, only who is
responsible to provide the information and which information should be provided. The
32
Articles 19 and 20 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.
33
Article 21 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.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents