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National legislation

The criminal act of trafficking in human beings is defined in Article 113 of the Penal Code of the Republic of Slovenia.

 (1) Whoever purchases another person, takes possession of them, accommodates them, transports them, sells them, delivers them or uses them in any other way, recruits, exchanges or transfers control over this person or acts as a broker in such operations, for the purpose of prostitution or another form of sexual exploitation, forced labour, enslavement, servitude, commitment of criminal offence or trafficking in organs, human tissue or blood shall be sentenced to imprisonment for not less than one and not more than ten years and penalised with a fine.

 (2) If an offence from the preceding paragraph is committed against a minor or with force, threats, deception, kidnapping or exploitation of a subordinate or dependent position or by giving or taking payments or benefits in order to obtain the consent of a person who exercises control over another person, or in order to force a victim to become pregnant or be artificially inseminated, the perpetrator shall be sentenced to imprisonment for not less than three and not more than fifteen years.

(3) Whoever withholds, takes, hides, damages or destroys a public document that proves the identity of a victim of trafficking in human beings with the purpose of committing an offence referred to in paragraphs 1 or 2 of this Article shall be sentenced to imprisonment for not more than three years and penalised with a fine.

 (4) Whoever knows that the person is a victim of trafficking in human beings and uses the services of this person, which are the consequence of exploiting the person as described in paragraphs 1 and 2 of this Article, shall be sentenced to imprisonment for not more than three years and penalised with a fine.

(5) Whoever commits an offence from paragraphs 1, 2 or 3 of this Article as a member of a criminal organisation to commit such offences, or gained a large pecuniary benefit through committing the offence, shall be sentenced to imprisonment for not less than three and not more than fifteen years and penalised with a fine.

 

Moreover, the following criminal offences are connected with the occurrence of trafficking in human beings: 

Enslavement

Article 112

(1) Whoever, in violation of the rules of international law, brings another person into slavery or a similar condition, or keeps another person in such a condition, or buys, sells or delivers another person to a third party, or brokers the buying, selling or delivery of another person, or urges another person to sell his freedom or the freedom of the person he supports or looks after, shall be sentenced to imprisonment for not less than one and not more than ten years.

(2) Whoever transports persons held in the condition of slavery or in similar condition from one country to another shall be sentenced to imprisonment for not less than six months and not more than five years.

(3) Whoever commits an offence referred to in paragraphs 1 or 2 of this Article against a minor shall be sentenced to imprisonment for not less than three years and not more than fifteen years.

Entering into a forced marriage or setting up similar communities

Article 132a

(1) Whoever, by force or threat of force or exploitation of a subordinate or dependent position, forces another person to enter into a forced marriage or set up similar cohabitation that, in accordance with the law, is equated to marriage in terms of certain legal consequences shall be sentenced to imprisonment for not more than three years.

(2) Whoever commits the offence referred to in the preceding paragraph against a minor or defenceless person shall be sentenced to imprisonment for up to five years.

Exploitation through prostitution

Article 175

(1) Whoever participates for exploitative purposes in the prostitution of another person or instructs, obtains or encourages another person to engage in prostitution with force, threats or deception shall be sentenced to imprisonment for not less than three months and not more than five years.

(2) Whoever participates, for the purpose of exploitation, in the prostitution of a minor, or exploits the prostitution of a minor, or whoever instructs, obtains or encourages a minor to prostitution by force, threat, deception, recruitment or solicitation shall be sentenced to imprisonment for not less than one and not more than ten years.

(3) If the offences referred to in paragraphs 1 or 2 of this Article are committed against several persons or within a criminal organisation, the perpetrator shall be sentenced to imprisonment for not less than one and not more than twelve years. 

 

Undeclared employment

Article 199

 (1) Whoever, contrary to regulations, employs two or more workers and does not register them for appropriate insurance, or employs several foreigners or persons without citizenship without suitable work permits, shall be punished by a fine or sentenced to imprisonment for up to one year.

 (2) Whoever consequently or permanently or in substantial number employs foreigners who are not citizens of Member States of the European Union and illegally reside in the territory of the Republic of Slovenia shall be sentenced to imprisonment for up to two years. 

 (3) If the offence referred to in paragraph 1 or 2 of this Article is committed by employing workers, who are not qualified to perform works that require special authorisations, or by interfering with the physical or mental integrity of an individual, or under particularly exploitative working conditions, or by the exploitation of the victim of human trafficking, or by employing a minor, the perpetrator shall be sentenced to imprisonment for up to three years.  

For victims of the trafficking in human beings and illegal employment the Article 50 of the Aliens Act sets forth the following:

(Victims of the trafficking in human beings, victims of illegal employment and victims of domestic violence) 

 (1) The police shall provide victims of the trafficking in human beings who reside illegally in the Republic of Slovenia, ex officio or upon their request, with an opportunity to remain in the country for a period of 90 days in order to decide whether they shall participate as a witness in criminal proceedings concerning the trafficking in human beings. The same period of reflection shall be granted, ex officio or upon their request, by the police to victims of illegal employment in order to decide whether they shall participate as a witness in criminal proceedings against an employer regarding a criminal offence of illegal employment or provided that they have lodged an action for the enforcement of employment rights. The same period of reflection shall be granted, ex officio or upon their request, by the police to victims of domestic violence in order to decide whether they shall cooperate with the competent authorities in investigation or as a witness in criminal proceedings against domestic violence. The period of stay may be extended, for justified reasons, to victims of trafficking in human beings, victims of illegal employment or victims of domestic violence for a period of up to 90 days. More information is available in Article 50.

Case Law

The case of Rantsev v. Cyprus and Russia

In the case of Rantsev v. Cyprus and Russia , the European Court of Human Rights  set, on 7 January 2010, adequate standards for effective police or judicial investigation in the event of death of the alleged victims of trafficking in human beings. It also decided upon the required standards of care for other bodies (administrative authorities, ministries and the prosecutor’s office) in case of collaboration, ascertaining the circumstances of death of the alleged victim of human trafficking and protection of victims in human trafficking. The Court found that Cyprus was responsible for the violation of Article 2 (Right to life) and Article 5 (Right to liberty and security) of the European Convention on Human Rights and Fundamental Freedoms, and that both Cyprus and the Russian Federation were responsible for the violation of Article 4 (Prohibition of slavery and forced labour) of the European Convention on Human Rights and Fundamental Freedoms. This judgement was important as it provided a detailed explanation of what is defined as a criminal offence of trafficking in human beings in the context of the European Convention on Human Rights and Fundamental Freedoms and who is a victim of human trafficking in this context, as well as a more detailed analysis of inefficiently performed tasks by different competent bodies in various states. The Court found that trafficking in human beings fell within the scope of Article 4 (Prohibition of slavery, servitude and forced labour) of European Convention on Human Rights and Fundamental Freedoms.