mutatis mutandis be applied when executing supervision orders). Namely, there is not
even a list of national institutions that implement such measures in Slovenia, although
the obligation to prepare such a list was prescribed over a decade ago.55
2.4. Probation and Alternative Sanctions
CCMMSEUA does not contain any provisions regarding the applicability or the manner of
application of Probation and Alternative Sanctions (PAS)56 to persons with intellectual
and/or psychosocial disabilities or in general persons in a situation of vulnerability.
Among the measures that can be implemented is also an obligation to undergo
therapeutic treatment or treatment for addiction, which is enforced by custodial
supervision and ordering of treatment in an appropriate medical institution; and if the
person consents, also for the treatment of addiction to alcohol or drugs.57
In cases where Slovenia is the executing state, a national court recognises and executes a
final decision of the issuing State:58
•
if the sentenced person with temporary or permanent residence in the Republic
of Slovenia agrees to be returned to the Republic of Slovenia, or has already
returned to the Republic of Slovenia, after a competent authority of the issuing
State has informed him or her of the sanction imposed, or
•
if a national court agrees that a competent authority of another Member State
may forward for execution to the Republic of Slovenia a decision on supervision
measures regarding a sentenced person who is not a temporary or permanent
resident of the Republic of Slovenia.
55
Interview with a representative of the Human Rights Ombudsman.
Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the
principle of mutual recognition to judgments and probation decisions with a view to the
supervision of probation measures and alternative sanctions, OJ L 337, 16.12.2008, p. 102–122
<http://data.europa.eu/eli/dec_framw/2008/947/oj>
57
Article 163(j) 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.
58
Article 164 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.
23
56
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