Text file: 4704.txt
author: sonce123
downvotes: 0
end consideration date: 2013-06-25
id: '4704'
number comments: 5
number views: 1694
proposal type: Competent authority response
response: "Response from the Ministry of Justice\nAccording to the current Criminal\
  \ Code (Official Gazette of the Republic of Slovenia, No 50/2012-UPB2; hereafter\
  \ KZ-1), there is a distinction between the statute of limitations for criminal\
  \ prosecution (which extinguishes the right of the State to prosecute an individual\
  \ or to enforce criminal liability against an individual) and the statute of limitations\
  \ for the enforcement of a sentence (which extinguishes the right of the State to\
  \ enforce a sentence that has been finally imposed).\nStatutes of limitation for\
  \ the prosecution of a criminal offence begin to run from the date on which the\
  \ offence was committed and expire at the expiry of a certain period of time, which\
  \ depends on the gravity of the offence. The limitation periods for the enforcement\
  \ of a sentence shall begin to run on the day on which the judgment becomes final\
  \ and shall expire on the expiry of a certain period of time, which shall depend\
  \ on the gravity of the offence.\nPursuant to Article 91(3) of the CC-1, the statute\
  \ of limitations for criminal prosecution shall not run during the period when,\
  \ according to law, the prosecution may not be initiated or continued or when the\
  \ offender is unavailable to the public authorities.\nHowever, pursuant to Article\
  \ 94(3) of the CP-1, if the convicted person escapes from serving the prison sentence,\
  \ the execution of the remainder of the sentence shall not be time-barred.\nIt follows\
  \ from the above that, under the current CP-1, the limitation period does not run\
  \ at the time of the offender's or the convicted person's escape.\n "
response date: 2013-08-06
response due date: null
sent date: 2013-05-27
title: New limitation periods Criminal Code
upvotes: 24
url: https://predlagam.vladi.si/predlog/4704
