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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