3.1.2. National framework concerning alternatives and probation Alternative sanctions and probation measures are prescribed by the Criminal Code: • ‘Weekend prison’ – a convict continues their work or education and resides at home, except on work-free days, normally on weekends, when they are required to stay in prison.154 • House arrest - if, considering the level of risk posed by the convicted person, the possibility of reoffending, and the personal, family and professional situation of the convicted person while serving the prison sentence, there is no need to serve the sentence in a prison or, if the sentence must and can be served in an appropriate public institution due to the illness, disability or old age of the convicted person.155 • Community service - The extent of work is defined so that one day in prison shall equal two hours of community service.156 • Conditional release - A convicted person who has served one half of their prison sentence may be released provided that until the expiration of the prison sentence they do not commit another criminal offence.157 A convicted person who is to be conditionally released may be placed under protective supervision by the body responsible for granting and denying conditional release. The protective supervision is implemented by the probation services (see below). All of these are measures intended for all convicted persons.158 However, the tasks that may be imposed on the conditionally released convicted person include activities that may be of particular relevance to persons with intellectual and/or psychosocial disabilities, such as the obligation to undergo treatment in an appropriate healthcare institution, including treatment for alcohol or drug addiction with his or her consent; and to attend appropriate vocational, psychological, or other counselling services.159 But in general, the main set of conditions for the application of the conditional release are related to the length of the prison sentence that may be enforced so that, instead of 154 Slovenia, Article 86(4) of the Criminal Code (Kazenski Zakonik), 20 May 2008. Slovenia, Article 86(5) of the Criminal Code (Kazenski Zakonik), 20 May 2008. 156 Slovenia, Article 86(8) of the Criminal Code (Kazenski Zakonik), 20 May 2008. 157 Slovenia, Article 88(1) of the Criminal Code (Kazenski Zakonik), 20 May 2008. 158 These measures do not apply to persons who have been subject to a security measure of compulsory psychiatric treatment and confinement in a medical institution. 159 Article 88(1) of the Criminal Code (Kazenski Zakonik), 20 May 2008. 155 50

Select target paragraph3

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