- 3. Article 44, paragraphs 3: For the prosecution of the offences established in accordance with Articles 36, 37, 38 and 39 of this Convention, Parties shall take the necessary legislative or other measures to ensure that their jurisdiction is not subordinated to the condition that the acts are criminalized in the territory where they were committed.
- According to the Penal Code (KZ-1, Article 14, paragraphs 3.): the perpetrator shall be prosecuted only insofar as his conduct constitutes a criminal offence in the country where it was committed. But in some cases the offender can be prosecuted with the permission of the Minister for Justice.
- 4. Article 44, paragraphs 4: For the prosecution of the offences established in accordance with Articles 36, 37, 38 and 39 of this Convention, Parties shall take the necessary legislative or other measures to ensure that their jurisdiction as regard to points d and e of paragraph 1 is not subordinated to the condition that the prosecution can only be initiated following the reporting by the victim of the offence or the laying of information by the State of the place where the offence was committed.
- Some criminal offences, as for example rape and sexual violence are in Slovenia prosecuted on a proposal if they are conducted in marriage, interpersonal relationship or registered same sex community.
- 5. Article 55, paragraph 1 in respect of Article 35 regarding minor offences: Parties shall ensure that investigations into or prosecution of offences established in accordance with Articles 35, 36, 37, 38 and 39 of this Convention shall not be wholly dependant upon a report or complaint filed by a victim if the offence was committed in whole or in part on its territory, and that the proceedings may continue even if the victim withdraws her or his statement or complaint.
- Parties shall take the necessary legislative or other measures to ensure, in accordance with the conditions provided for by their internal law, the possibility for governmental and non-governmental organisations and domestic violence counsellors to assist and/or support victims, at their request, during investigations and judicial proceedings concerning the offences established in accordance with this Convention.
- Slovenia’s reservation here is regarding the milder forms of physical violence as these are prosecuted on proposal.
- 6. Article 58 in respect of Articles 37, 38 and 39: Parties shall take the necessary legislative and other measures to ensure that the statute of limitation for initiating any legal proceedings with regard to the offences established in accordance with Articles 36, 37, 38 and 39 of this Convention, shall continue for a period of time that is sufficient and commensurate with the gravity of the offence in question, to allow for the efficient initiation of proceedings after the victim has reached the age of majority.
- In Slovenia only some criminal offences have exceptions regarding the limitation. These are: sexual integrity, criminal offences against marriage, family and youth, which are conducted against a minor, the limitation starts with the age of 18. This is showing that also other criminal offences in the Convention can have the same statute of limitation.