Text file: 5446.txt
author: "andrej\u010Dek"
downvotes: 3
end consideration date: 2014-02-11
id: '5446'
number comments: 6
number views: 2515
proposal type: Competent authority response
response: "Response from the Ministry of Justice\nHaving examined the proposal, the\
  \ Ministry of Justice considers that the proposed amendment to the CP-1 would not\
  \ be suitable for further consideration, as it would interfere in a piecemeal manner\
  \ with the system of criminal sanctions otherwise provided for in Article 3 of the\
  \ CP-1, and with regard to the concurrent imposition of imprisonment and a fine,\
  \ it is recalled that the current CP-1 allows for the concurrent imposition of imprisonment\
  \ as the main penalty and a fine as a subsidiary penalty under certain conditions.\n\
  There are three types of criminal sanctions in the Slovenian legal order (Article\
  \ 3(1)(3) of the CP-1):\n penalties (imprisonment, fines and prohibition to drive\
  \ a motor vehicle), cautionary measures (suspended sentence, suspended sentence\
  \ with protective supervision and judicial reprimand) and precautionary measures\
  \ (compulsory psychiatric treatment and care in a health care institution, compulsory\
  \ psychiatric treatment at large, prohibition to practise a profession, withdrawal\
  \ of driving licence and confiscation of objects).\n The offence is always punishable\
  \ by a penalty, which is imposed on the offender in proportion to the seriousness\
  \ of the offence and his or her culpability. Under the conditions laid down in the\
  \ general part of the CC-1, the offender may be given cautionary sanctions instead\
  \ of a penalty and, in addition to a penalty or cautionary sanction, security measures\
  \ (Article 3(2) of the CC-1). In addition, the lawfulness of sentencing must of\
  \ course be taken into account (Article 45 of the CC-1):\n the offender shall be\
  \ sentenced to the punishment prescribed for the offence; a sentence less severe\
  \ than that prescribed may be imposed only under the conditions laid down in the\
  \ CP-1; for offences committed out of charity, a fine may be imposed as a secondary\
  \ punishment even where it is not prescribed by law or where the law provides that\
  \ the offender is to be sentenced to imprisonment or to a fine and the court imprisonment\
  \ as the principal sentence.\n In the light of the foregoing, it may be concluded\
  \ that for all offences under the general part of the CC-1, the court has at its\
  \ disposal the entire instrumentarium of criminal sanctions, so as to be able to\
  \ achieve the purpose of punishing the offender, depending on the circumstances\
  \ of the particular case. It should, of course, be borne in mind that the imposition\
  \ of suspended sentences is limited, and the rules for imposing suspended sentences\
  \ are laid down in Article 58 of the CP-1:\n A suspended sentence may be imposed\
  \ if the court has imposed a sentence of up to two years' imprisonment or a fine\
  \ on the offender; a suspended sentence may not be imposed for offences punishable\
  \ by at least three years' imprisonment; the court shall impose a suspended sentence\
  \ if, having regard to the personality of the offender, his previous life, his conduct\
  \ after the offence, the degree of his guilt and the other circumstances in which\
  \ he committed the offence, it is satisfied that he cannot be expected to reoffend;\
  \ if the court imposes ancillary sentences in the suspended sentence, it may order\
  \ that all or any of the ancillary sentences be carried out; an offender who, under\
  \ the law governing criminal procedure, pleads guilty when he or she first pleads\
  \ guilty to an indictment in which a suspended sentence is proposed in respect of\
  \ such a case, or pleads guilty in agreement with the public prosecutor, the court\
  \ may also impose a suspended sentence in respect of offences punishable by imprisonment\
  \ for a term of not less than five years, fix a term of imprisonment of not less\
  \ than five years, and a probationary term of not more than ten years. \n In conclusion,\
  \ the Ministry of Justice notes that the current CP-1 already provides for the possibility\
  \ for the court to impose a fine in addition to a prison sentence, that on the one\
  \ hand, suspended sentences cannot be applied in all specific cases of offences,\
  \ while on the other hand, the CP-1 allows for the application of suspended sentences\
  \ in certain cases for more serious offences, at the same time, a probationary period\
  \ of up to ten years may be provided for in these cases, and the system of criminal\
  \ sanctions and their imposition is comparable to the criminal sanction systems\
  \ of other European countries, so that no changes to the system of criminal sanctions\
  \ in the manner proposed are necessary.\n \n "
response date: 2014-03-26
response due date: null
sent date: 2014-01-13
title: Amendments to the Criminal Code
upvotes: 16
url: https://predlagam.vladi.si/predlog/5446
