Latest developments in 2019

AuthorKogovsek Salamon, Neza
Pages94-97
94
12LATEST DEVELOPMENTS IN 2019
12.1 Legislative amendments
Rules of Procedure of the Advocate of the Principle of Equality (Poslovnik Zagovornika
načela enakosti), Official Gazette of the Republic of Slovenia, No. 10/19, adopted on 7
February 2019, entry into force 16 February 2019. The rules of procedure define the
Advocate’s officehours, the manner in which the Advocate deals with complaints, the
criteria for prioritising complaints, the manner in which the Advocate aims at reaching a
friendly settlement between the parties (if appropriate and possible), criteria for selecting
cases for representation, and the manner in which the public and the parties may inspect
the file in the case they are involved with.
12.2 Case law
Name of the court: Supreme Court of the Republic of Slovenia
Date of decision: 4 July 2019
Name of the parties:
Reference number: I Ips 65803/2012
Link:http://www.sodisce.si/vsrs/odlocitve/2015081111431656/
Brief summary: This was the first time the Supreme Court decided a hate speech case.
The case concernedan individual who used hate speech online as an incitement to
violence against Roma. He was convicted by the first instance court. On appeal, the
second instance court found in favour of the accused and reversed the judgment. It
stated that the use of hate speech in this case did not cause a concrete threat to public
order. The Supreme State Prosecutor lodged a request for protection of legalityto the
Supreme Court. This is an extraordinary legal remedy, defined in Article 420 of the
Criminal Procedure Act, which is available to the Supreme Court in cases where the
application of the law is questionable. The prosecution claimed that, according to the law
(specifically, Article 298 of the Penal Code), there is no need to demonstrate a concrete
disruption of public order when hate speech is threatening, abusive or insulting. For such
hate speech to be punishable, the abstract possibility of disruption of public order is
already sufficient. The Supreme Court agreed with the prosecution and clarified that
concrete disruption of public order is not required in such cases; for a conviction, it is
sufficient to prove that such hate speech had the ability and the potential to cause a
disruption to public order, taking into account the content, nature, place and other
circumstances of the use of hate speech. The Supreme Court found a violation of the law
in the second instance judgment and confirmed the first instance judgment, with which a
suspended sentence of one month of imprisonment was issued.
Name of the court: County Court of Trebnje
Date of decision: 6 August 2019
Name of the parties:
Reference number: II K 28050/2019-7
Link:/
Brief summary: The defendant was found guilty of two counts of public approval of the
Holocaust, which hehad published on Facebook. He was issued a suspended sentence of
seven months imprisonment, which will not be carried out if he does not commit another
crime over the next two years. This is one of the two convictions for hate speech issued
by courts in Slovenia in 2019.
Name of the court: Ljubljana High Court
Date of decision: 28 August 2019
Name of the parties:
Reference number: II Cp 902/2019
Link:http://sodisce.si/vislj/odlocitve/2015081111432818/

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT