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Mixing Juveniles with Adults

The only instance when mixing juveniles with adults seems problematic in Slovenia is the issue of mixing juvenile offenders with adults in the phase of pretrial detention as explained earlier in greater detail.

In terms of criminal procedure for juveniles, Slovenia follows the tradition of related criminal justice systems such as that of Germany, Austria, and Switzerland, where the transfer of juveniles to adult courts is inadmissible. In the case of juvenile offenders, the court generally cannot apply the procedure for adult offenders and cannot impose the sanctions for adults, notwithstanding the severity of the committed crime (Filipcic and Prelic 2011). Quite the opposite is true in these systems as well as in the Slovenian one, which allows that young adults be tried as juveniles in exceptional cases as explained earlier.[1]

As the number of juvenile offenders sentenced to imprisonment rarely exceeds 5 per year, there are no separate juvenile prison institutions in Slovenia. The boys’ juvenile prison is located within one of the seven adult correctional facilities. However, as opposed to the pretrial detention conditions, the juveniles in prison are completely separated from adult offenders. They are placed in a separate section of the prison and there is no mixing neither at the time of daily meals nor during the time spent outside. There is no separate unit for girls at the only women’s prison in Slovenia, but given that there has only been one girl placed in juvenile imprisonment in the last 15 years, that is understandable.

  • [1] There are two exceptions to applying the adult criminal procedure in cases of juveniles: first, if anoffender is tried for offenses committed as juvenile together with offenses committed after comingof age, the procedure for adult offenders is typically used (Criminal Procedure Act, Art. 457).Second, if a juvenile offender commits criminal offenses together with adult offenders, the case isgenerally tried separately. However, the court may decide for the trials to be held together using theregular procedure, if it deems it absolutely necessary in order to adequately process the case(Criminal Procedure Act, Art. 456).
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