Under the provisions of CCMMSEUA, a national court also executes the following
supervision measures by applying mutatis mutandis the provisions of the Criminal Code
regarding measures of custodial supervision (Articles 63 to 67 of the Criminal Code) or
security measures (Articles 69 and 71 of the Criminal Code):
•
an obligation to undergo therapeutic treatment or treatment of addiction, which
is enforced by custodial supervision with the ordering of treatment in an
appropriate medical institution, and if the person consents, also to treatment of
addiction to alcohol or drugs; regarding the willingness to monitor this measure,
Slovenia has also made a notification to the Council of the European Union;51
•
prohibition on performing specified activities related to the alleged criminal
offence, which may include working in a certain profession or in a certain type of
employment, which is enforced by a safety measure banning the performance of
an occupation.
During ESO proceedings and in the course of execution, a national court may hear the
defendant, even if the accused does not have permanent or temporary residence in the
Republic of Slovenia, regarding the following:52
•
all circumstances related to the admissibility of recognising decisions on
supervision measures,
•
the possibility of executing supervision measures in the Republic of Slovenia,
•
the adaptation of supervision measures,
•
renewing, testing, amending and executing supervision measures, and
•
violation of supervision measures.
A questioning of the defendant may also be conducted via video conference, pursuant to
the procedure and under the conditions provided by the CCMMSEUA and in accordance
51
Implementation of the Article 8(2)(d) of the Council Framework Decision 2009/829/JHA of 23
October 2009 on the application, between Member States of the European Union, of the
principle of mutual recognition to decisions on supervision measures as an alternative to
provisional detention, OJ L 294, 11.11.2009, p. 20–40
http://data.europa.eu/eli/dec_framw/2009/829/oj and https://www.ejncrimjust.europa.eu/ejn/libdocumentproperties.aspx?Id=1215.
52
Article 106 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.
21
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