In the case of the latter, a national court may consent if circumstances support the
expectation that the sentenced person would reside permanently or temporarily in the
Republic of Slovenia during the execution of a sentence and that it would be possible to
execute the undertaken obligations effectively.
If necessary, and prior to granting such consent, a national court may question the
sentenced person on the relevant circumstances of the PAS Framework Decision, Article
175(3) of the CCMMSEUA stipulates that a national court shall decide on the execution,
amendment, revocation and discontinuance of the measures referred to in paragraph one
in accordance with the law of the Republic of Slovenia.
Non-discrimination provision of Recital 5 of the PAS Framework Decision that “Nothing in
the Framework Decisions should be interpreted as prohibiting refusal to recognise a
decision on supervision measures if there are objective indications that it was imposed to
punish a person because of his or her sex, race, religion, ethnic origin, nationality,
language, political convictions or sexual orientation or that this person might be
disadvantaged for one of these reasons” is not transposed in the CCMMSEUA.
Recital 16 of the Framework Decision states that “A Member State may refuse to
recognise a judgment and, where applicable, a probation decision, if the judgment
concerned was issued against a person who has not been found guilty, such as in the case
of a mentally ill person, and the judgment or, where applicable, the probation decision
provides for medical/therapeutic treatment which the executing State cannot supervise
in respect of such persons under its national law.” This provision is only partially reflected
in the national law - among the reasons for non-recognition and non-execution is when
the imposed sentence includes psychiatric treatment, health care or another measure
which, under the law of the Republic of Slovenia, cannot be enforced in spite of the
application of the provisions on the adaptation of sentence pursuant to this Act.59 The
national law does not make a reference to the wording “judgment concerned was issued
against a person who has not been found guilty, such as in the case of a mentally ill
person”.
59
Article 165(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.
24
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