law does not explicitly provide for any obligation to provide information in an accessible form to vulnerable groups of persons. There is also no explicit right to have a person of trust present during the proceedings. • Right of access to a lawyer In accordance with the CCMMSEUA, the requested person must have a defence counsel appointed during the entire surrender proceedings, or from the first hearing on the surrender until the execution of the surrender.34 If the requested person does not take a defence counsel, the investigating judge will appoint one ex officio. As explained above, the requested person must be informed about the right to a lawyer immediately upon deprivation of liberty by the police and by the investigating judge. If the requested person, when brought before the investigating judge, states that he or she wishes to exercise the right to choose a lawyer in the issuing Member State, the investigating judge must immediately inform the competent authority of the issuing state. The investigating judge then provides the requested person with information received from the competent authority of the issuing state to facilitate the choice of a lawyer, including information on eligibility for free legal aid.35 This obligation of the investigation judge is relatively new, as it was added to the Act with the amendment adopted in 2021.36 • Right to medical assistance Requested persons have the same rights regarding medical assistance as all other detainees in Slovenia (please see below, Section 3.1.2.3). • Recording of questioning CCMMSEUA does not provide for any provisions regarding the recording of questioning. However, in accordance with the CPA, the investigating judge can order that a hearing is recorded by appropriate technical means for audio or audio-visual recording but must 34 Article 17(1) of the 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. 35 Article 17(3) of the 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. 36 The Act Amending the Cooperation in Criminal Matters with the Member States of the European Union Act (Zakon o spremembah in dopolnitvah Zakona o sodelovanju v kazenskih zadevah z državami članicami Evropske unije – ZSKZDČEU-1C), 1 June 2021. 14

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents