The Framework of Criminal Law

Legislation on Bias-motivated Violence: None

Bias-motivated Violent Crimes as Specific Offenses	Bias as an Express General Aggravating Factor	Bias as an Aggravating Factor in Specific Common Crimes
X

Bias Types Covered by Provisions on Aggravating Circumstances: N/A

Race/National Origin/Ethnicity	Religion	Sexual Orientation	Gender	Disability	Other
X	X	X	X	X	X

Bias as an Express General Aggravating Factor

The Slovenian Criminal Code does not expressly enable racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing.

Bias as an Aggravating Factor in Specific Common Crimes

In November 2008, a new Criminal Code came into force in Slovenia. Article 116 (3) prescribes a sentence of no less than 15 years in prison for murder carried out in violation of the principle of equality, which is defined in Article 131 as a violation motivated by “ethnicity, race, color, religion, ethnicity, sex, language, or a different political belief, sexual orientation, life situation, birth, genetic heritage, education, social status or any other circumstance.”[1]

Before the new Criminal Code was enacted, a racist motive could still be considered by a judge in the determination of a sentence, although there was no express mention of any form of bias as an express aggravating circumstance. According to the September 2006 official response of the Slovenian government to Human Rights First’s hate crime questionnaire, general provisions on aggravating circumstances, as stipulated in Article 41,could be applied to cases of bias-motivated violence. However, there is no express reference to such motives in those provisions.[2]

The new Criminal Code’s Article 49 contains similar provisions, allowing the perpetrator’s “motives” to be considered during sentencing as an aggravating circumstance.[3] Regardless of these provisions’ possible usage, they have yet to be applied in cases of bias-motivated violence. In its Third Report on Slovenia, released in February 2007, the European Commission against Racism and Intolerance (ECRI) noted, “data on whether and to what extent racial motivation is taken into account by courts pursuant to Article 41 is not available at present.” ECRI stated that since its last report, Slovenia provided limited information on the number of cases in which the criminal justice system dealt with racially-motivated offences, ECRI noted that Slovenian courts found  none of the cases to  be committed on racist grounds.”

Instead of relying on these general provisions, ECRI recommends the introduction of provisions “establishing racist motivation as a specific aggravating circumstance in sentencing” on the grounds that such provisions “would not only allow for racist offences to be better recognized and punished, but also enable better monitoring of the response of the criminal justice to racially motivated crime.”[4]

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[1] Slovenian National Assembly, “Kazenski Zakonik (KZ-1),” adopted May 20, 2008, http://www.uradni-list.si/1/objava.jsp?urlid=200855&stevilka=2296.

[2] Official submission of the Slovenian government to a Human Rights First questionnaire, received on September 13, 2006.

[3] Slovenian National Assembly, “Kazenski Zakonik (KZ-1),” adopted May 20, 2008, http://www.uradni-list.si/1/objava.jsp?urlid=200855&stevilka=2296.

[4] ECRI, “Third Report on Slovenia,” adopted on June 30, 2006, and made public on February 13, 2007, para. 12.