National frameworks to address hate crime in Slovenia

This page provides information on the national frameworks to address hate crime in Slovenia. The information provided here should be viewed alongside data presented on Slovenia's hate crime report page.

Hate crime recording and data collection

Slovenian police record data on certain types of criminal offence, notably the offences of public incitement to hatred, violence or intolerance (article 297 of the Criminal Code), in accordance with criminalistics designations that are broken down by bias motivations. An individual criminal offence could be tied to one or more criminalistics designations, and in some cases one criminal offence may be placed into two or more categories. Police share hate crime data with civil society organizations based on a co-operation agreement.

The Supreme State Prosecutor's Office (SSPO) is responsible for collecting prosecutorial data, but the data are not disaggregated by bias motivation. A special SSPO working group of prosecutors provides expertise on the criminal offence of public incitement to hatred, violence or intolerance, with the aim of unifying prosecutorial practice and building the capacity of prosecutors to handle such offences. The working group has also dealt with recording (marking the case files) and monitoring hate-motivated criminal offences. The case files of such criminal offences are not defined by the personal characteristics of the victim, and can only be marked as motivated by hate.

Following a decree issued by the Prosecutor General in 2020, hate crime cases must be marked as such in accordance with the SSPO working group's hate crime definition: "Hate crime is an offence committed because of hatred against another person, based on victim's nationality, race, religion or ethnic origin, sex, skin colour, origin, social status, disability or sexual orientation." When the case is initially opened, a special flag is applied by the head of the Prosecutor's office. A more detailed policy or guidance document does not exist.

No specific hate crime monitoring mechanism is in place. An annual report on the performance of the Prosecutor's Office provides murder statistics and developments related to the criminal offence of public incitement to hatred, violence or intolerance. The prosecution co-operates with the police on hate crime data collection.

The Slovenian judiciary does not collect data on the motives of criminal offences.

Hate crime victim support

Slovenia offers hate crime victim support as part of its general victim support scheme. According to criminal procedures, all crime victims receive the same treatment.

Support and counselling for crime victims are provided by Social Work Centres. In addition, a special victim support service was established within the District court of Ljubljana. The service is tasked with ensuring that victims are treated with respect. Some support services are provided by civil society organizations (CSOs), which offer free legal, financial, and psychosocial assistance to crime victims. Some CSOs have branch offices in major cities, and some are only present in the capital. Their work is carried out by both employees and volunteers, and financed both by the State budget and private funds. There is a network of public authorities, CSOs and support services dedicated to victims of domestic violence. However, there are no specialized support services for victims of hate crime. Support service providers occasionally undertake training courses on subjects related to hate crime.

There is a mandatory individual needs assessment (INA) procedure in place, which includes information on a potential bias motivation. The INA is conducted by a police officer or a public prosecutor using a specific INA form. Social Work Centres may be consulted on the process of an INA. The assessment is updated accordingly in case its elements change significantly. The principles of sensitive and respectful treatment are regulated by the law on police. Police co-operation with local authorities, CSOs and victim support services is maintained via meetings and regular data sharing. In some cases, such co-operation is formalized by memoranda of understanding. Police also receive referrals from the relevant institutions.

During different stages of the criminal procedure, the police offer victims psychological and physical assistance or refer them to the relevant authorities or CSO support providers. The following special protective measures may be put in place: interviewing by the same person or a person of the same gender; giving testimony with the assistance of an expert; the use of audio-visual equipment; adapted premises for interviewing; the use of a screen during proceedings; and exclusion of the public from the main proceedings. Victims of violent crimes, including hate crimes, may be accompanied by a person of their choice during proceedings. Victims are entitled to information about the detention or release of the perpetrator.

Victims can claim compensation. Social Work Centres may participate in criminal procedures and be actively involved in the settlement procedure. The public prosecutor may defer the prosecution of a criminal offence if the perpetrator pays a contribution to a public institution, compensation fund for victims or to a CSO.