New Penal Code Steps Into Force

01.11.08

New Penal Codestepped into force in Slovenia on 1st November. Beside other changes the document introduces also a register of convicted child sexual offenders, it categorizes inciting other forms of hatred as crime and defines presentation, manufacture, possession and distribution of pornographic material more strictly.

The greatest change of the new penal code in the section of rehabilitation, annulment of conviction and conditions for acquisition information from criminal record is the possibility of giving information of already annulled convictions to pedagogical and educational institutions. This is possible only in cases of specific sexual offences, such as sexual assault on a person below fifteen years of age, violation of sexual integrity by abuse of specific position and criminal offence of presentation, manufacture, possession and distribution of pornographic material.

Following this, novelty on the field of inciting hatred is based on introduction of additional prohibition of inciting other hatred and inequality. Thus, also hate speech towards homosexuals or persons with other political beliefs is defined as criminal offence from now on.

There are some changes also in the provision of presentation, manufacture, possession and distribution of pornographic material. Beside the lift of age from fourteen to fifteen years old as the limit for permitted sale, presentation or other form of enabling access to pornographic material, the largest modification in this field is definitely inhibition of possessing child sexual abuse images in general, not only with the purpose of distribution. The novelty of the new penal code is also penalization of presentation, manufacture, possession and distribution of pornographic material that includes realistic features of juveniles, or uncovering the identity of juveniles in such material. Moreover, intentional attendance in performances with child sexual abuse images is also sanctioned.

More: The Penal Code of the Republic of Slovenia KZ-1