Slovenia

In 2020, Slovenia reported data to ODIHR for the first time since 2011. Slovenia's Criminal Code includes the substantive offences of aggravated murder and incitement to violence. Hate crime data are collected by the police and the Ministry of Justice.

How hate crime data is collected in Slovenia

How hate crime data is collected in Slovenia

Slovenian police record data on certain types of criminal offences, notably the criminal offence of public incitement to hatred, violence or intolerance (article 297 of the Criminal Code), according to 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 marking shall be made by head of Prosecutor's office. A more detailed policy or guidance document does not exist, however.

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.

Access more information at the Legislation Online website Legislationline TANDIS Access more information at the Tolerance and Non-Discrimination Information System (TANDIS) website

OFFICIAL DATA

Year Hate crimes recorded by police Prosecuted Sentenced
2019 57 2 2
2018 Not available Not available Not available
2017 Not available Not available Not available
2016 Not available Not available Not available
2015 Not available Not available Not available
2014 Not available Not available Not available
2013 Not available Not available Not available
2012 Not available Not available Not available
2011 45 Not available Not available
2010 34 Not available Not available
2009 9 Not available Not available

Incidents reported by civil society, international organizations and the Holy See

INTERNATIONAL REPORTS

Racist and xenophobic hate crime

In its "Concluding observations on the combined eighth to eleventh periodic reports of Slovenia", the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that the Criminal Code be amended to recognize racist motives as an aggravating circumstance for criminal offences. CERD also underscored the importance of effectively investigating and prosecuting hate crime perpetrators and providing training to police, prosecutors and judges on hate crimes.

KEY OBSERVATION

ODIHR observes that Slovenia has not periodically reported reliable information and statistics on hate crimes to ODIHR.