Detection, investigation and prosecution
Criminal proceedings against the perpetrators of these crimes, unless remanded in custody, generally last for several years. The reason for this is that a large number of perpetrators avoid the proceedings by travelling abroad or, when committing a crime, are already abroad and have accomplices in Slovenia.
Activities of the Police
The trend in combating trafficking in human beings has continued over the years, with Slovenia remaining a target and a transit country for victims of trafficking most often exploited for prostitution and sexual abuse. Other identified forms of victim exploitation occur less often.
In 2024 the Police dealt with 43 suspected criminal offences of trafficking in human beings in accordance with Article 113 of the Criminal Code (hereinafter: KZ-1) , of which 18 were confirmed as criminal offences of trafficking in human beings and criminal complaints were filed with the competent state prosecutor's offices. In 12 cases no basis for the filing of a criminal complaint was established so reports were sent to the competent state prosecutor's offices on the basis of Article 148(10) of the Criminal Procedure Act (hereinafter: ZKP). Thirteen criminal offences from 2024 are still being investigated; these investigations have not yet been completed during the reporting period.
In 2024, the police identified 17 victims of human trafficking and 28 potential[1] victims of human trafficking. Victims of sexual exploitation were nationals of Bosnia and Herzegovina, Montenegro, Croatia, Serbia, and Colombia, all female, while potential victims of labour exploitation were mostly nationals of the Philippines and Romania.
On suspicion of trafficking in human beings, 19 suspects were investigated and criminal complaints were filed against 8 of them, while 6 were subject to a report pursuant to Article 148(10) of the ZKP. The majority of suspects were Slovenian citizens.
Activities of the State Prosecutor’s Office
In 2024, the Specialised State Prosecutor's Office (hereinafter: SDT RS), which has exclusive competence to prosecute criminal offences involving trafficking in human beings, continued to carry out its work relating to the criminal offences of trafficking in human beings under Article 113 of the KZ-1, enslavement under Article 112 of the KZ-1 and exploitation of prostitution under Article 175 of the KZ-1.
In the reporting year, the SDT RS received one criminal complaint for the criminal offence of trafficking in human beings under Article 113 of the Criminal Code against two natural persons. The offence was committed to the detriment of six victims. The same criminal complaint was filed against another natural person and a legal entity for the criminal offence of exploitation of prostitution under Article 175 of the Criminal Code and, in part against the legal entity, also in conjunction with the Criminal Liability of Legal Entities Act (ZOPOKD). During the reporting year, the SDT RS received a criminal complaint for the criminal offence of abuse of prostitution under Article 175 of the Criminal Code, namely against three natural persons and one legal entity. The offence was committed to the detriment of ten victims. It also received one report under Article 148(10) of the Criminal Procedure Act concerning a reported case of human trafficking.
In the reporting year, the prosecutors of the SDT RS[1]:
- issued two decisions on dismissal against four natural persons and two legal entities for the criminal offence under Article 113 of the KZ-1,
- filled one request for investigation against three natural persons and one legal entity for the criminal offence under Articles 113 and 175 of the KZ-1, committed to the detriment of six female victims (subsequently, the public prosecutor of the SDT RS relinquished criminal prosecution against one natural person), and
- filed one indictment against nine natural persons for the criminal offence under Article 175 of the KZ-1 committed to the detriment of 31 female victims.
[1] Individual cases in the same reporting period are being dealt with at various stages, i.e. from the receipt of a criminal complaint or report to be supplemented under Article 148(10) of the ZKP to the adoption of a state prosecutors' decision, i.e. to the filing of a request for investigation, to the filing of an indictment and to the issue of a decision on dismissal, only in individual parts. Given the above, the same case is often reported under the item of receiving a criminal complaint or report pursuant to Article 148(10) of the ZKP, under the item of dismissal, under the item of filing a request for investigation, and under the item of filing an indictment. It is also possible that a state prosecutor’s decision in an individual case has not been adopted at the time of reporting against all persons charged.
Activities of the Labour Inspectorate
In 2024, IRSD also carried out inspections at several entities that employed foreign nationals, primarily with the aim of identifying potential labour exploitation. These inspections uncovered several violations of labour law, but there were no grounds for filing criminal charges under Article 113 of the Criminal Code. Labour inspectors filed two criminal charges and 13 reports of suspected criminal offences for suspected commission of several criminal offences, but not for suspected commission of the criminal offence under Article 113 of the Criminal Code, as there were no elements of trafficking in human beings in any of the cases.
In 2024, IRSD established a Priority Response Division, which began operating on 1 October 2024. It brings together labour inspectors and occupational safety and health inspectors. The priority task of the division in the field of labour law is primarily to carry out inspections when violations of the rights of several workers are detected, when it is necessary to protect the public interest, which is considerably affected based on the criteria of the severity of the violation for the affected or protected values and the extent of the violations, when immediate response is required in the event of violations in the employment of foreign nationals and in the provision of work to users in contravention of regulations, particularly in the case of vulnerable categories of workers, and when multiple or repeated violations are detected which reasonably indicate illegal operations by the parties concerned as well as in the field of occupational safety and health, and in particular in the prevention of immediate danger to the life of workers and the risk of accidents at work, and in the improvement of working conditions. As part of its activities, the division will also deal with cases of suspected human trafficking.
Compared to 2023, the number of violations of provisions governing the conditions of employment, self-employment and work of foreigners in the Republic of Slovenia decreased slightly in 2024. A total of 53 violations of the Employment, Self-Employment and Work of Foreigners Act (hereinafter: ZZSDT) were detected, compared to 77 violations in 2023.
Activities of the Financial Administration
Sectoral legislation defining the work of the Financial Administration of the Republic of Slovenia enables inspectors and mobile unit staff to detect violations related to human trafficking in the course of their work. These are particularly prevalent in labour-intensive industries that employ low-skilled foreign workers. The main issues are the exploitation of workers and forced labour as one of the purposes of human trafficking.
Inspections of illegal employment of third-country nationals are carried out as part of inspections of undeclared work under the Prevention of Undeclared Work and Employment Act (hereinafter: ZPDZC-1) and ZČmIS-1. Illegal employment of third-country nationals is also detected during simultaneous inspections in other areas falling within the competence of the FURS, e.g. inspections of fiscal cash registers or inspections under the Fiscal Verification of Invoices Act (hereinafter: ZDavPR), inspections in the field of road transport, etc.
In 2024, Furs carried out 6,415 inspections of undeclared work, which also included inspections of the employment of third-country nationals. Illegal employment of third-country nationals was detected in 83 employers, involving a total of 99 third-country nationals. The most common irregularities relating to the illegal employment of third-country nationals were found in the construction (F) and transport (H) sections, in manufacturing (C) and in accommodation and food service activities (I).
In 2024, 73 minor offence proceedings were conducted against legal entities for violating Article 5 (1) (6) of the ZPDZC-1 in connection with the illegal employment of third-country nationals, of which 67 had been completed by 31 December 2024 and 6 were still ongoing. In the minor offence proceedings, 66 employers were sanctioned for violations of the illegal employment of third-country nationals. The total amount of fines imposed for the offence in question under Article 23(1)(5) of ZPDZC-1 on legal entities, employers and their responsible persons amounted to EUR 399,000, and five warnings were issued. In connection with the above violation, 128 third-country nationals were sanctioned for committing an offense under Article 23(3) of the ZPDZC-1, with fines totalling EUR 61,500 and five warnings issued.
Due to suspected criminal offences under Article 196 (violation of fundamental rights of workers) of the Criminal Code, the Financial Administration filed 28 criminal complaints during this period. Of these, 15 relate to foreign nationals (the responsible person was a foreigner), while in the remaining cases, criminal complaints were filed against Slovenian citizens.
In 2024, FURS filed five criminal complaints on suspicion of criminal offences under Article 199(1) of the Criminal Code (illegal employment). FURS did not file any criminal complaints or reports on suspicion of criminal offences related to trafficking in human beings.