Executive summary
National framework concerning deprivation of liberty
To determine, whether a person can be held criminally responsible, the judge may order
a psychiatric examination. If it is found that the defendant is lacking criminal legal
capacity, proceedings for the application of security measures may be carried out. This
may result in imposing of the security measure of compulsory psychiatric treatment and
confinement in a medical institution. Currently there is only one such facility in Slovenia,
where this measure can be carried out - Forensic Psychiatry Unit of the University Clinical
Centre Maribor. No specific measures or accommodations in the criminal proceedings
are available when it comes to deprivation of liberty of criminally responsible
defendants with psychosocial and/or intellectual disabilities. There are no specific
measures stemming from their vulnerability - they will be tried and may be subjected to
detention and imprisonment under the rules prescribed by the law for all defendants
and detainees. In Slovenia, in criminal law, there are no measures that could be
considered as preventive detention.
National framework concerning alternatives and probation
Alternative sanctions and probation measures are prescribed by the Criminal Code.
Probation services are relatively new in Slovenia. The legal basis for its functioning Probation Act, was adopted in 2017. The Probation Agency was established in 2018.
National policy framework concerning deprivation of liberty
The Resolution on the National Mental Health Programme 2018−2028 is addressing the
“Rehabilitation of people with recurrent mental disorders”. One of the specific
objectives of the Resolution is to establish integrated and effective treatment for people
with mental health problems and dangerous behaviour, offering continuous, safe and
effective care.
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