Criminal procedure in Slovenia
The primary goal of this study is to offer both practitioners and scholars of comparative criminal law an up-to-date and clear presentation of the law of criminal procedure of several EU Member States in a prevalent language. Transnational criminal prosecution is credible only if carried out on the basis of knowledge of foreign procedural rules and conventions. In the absence of a uniform European procedural system, the instruments of the EU presuppose a fallback to national law.
The project methodology, with its country reports, follows the traditional approach to legal comparison. With England, a typically adversarial party process was selected to compare with the continental procedural systems; the inclusion of Slovenia reflected the need to portray a reformed legal system from behind the former iron curtain. Spanish and French procedural law are still relatively strongly influenced by the structures of classical criminal procedure, from which they extricate themselves only hesitantly. Conversely, the Netherlands exhibits very pragmatic reactions to the demands that management of modern crime imposes on a rule-of-law system. Germany was chosen as an example of a country whose procedure has taken on more and more adversarial features without abandoning the "inquisitorial" model.
The project is available as a publication of the Max Planck series Schriftenreihe des Max-Planck-Instituts – Strafrechtliche Forschungsberichte. In twelve chapters, each country report discusses sources and general principles of criminal procedure, the rights of the accused, agencies involved in the criminal justice system, the phases of the criminal process, the law of evidence, special rules, forms of consensual disposal, and current reform proposals. The comparative introduction examines the most important influences on criminal procedure systems today and presents themes common to these systems. The discussion thus offers starting points for in-depth legal comparisons as well as for the development of transnational and supranational solutions.
Journal/Publisher: Max Planck series Schriftenreihe des Max-Planck-Instituts – Strafrechtliche Forschungsberichte
Publication type: Article
Number of pages/Page range: 483-539
Language/s (content): English
Date of publication: 19-05-08
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Personal data
Full name Katja SUGMAN
Current occupation Contact Point
University/Institution University of Ljubljana
Address Poljanski Nasip 2
Postal code 1000
Country Slovenia
Telephone +386 1 4203 187