Ali lahko civilno sodišče v nekazenskem postopku odloča o kazenski odgovornosti?

slovenian

2024

volume 79, issue 7/8

civil court   crime   criminal responsibility   legal guarantees   preliminary question   presumption of innocence

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

Recent judicial practice has upheld that the presumption of innocence under Article 27 of the Constitution of the Republic of Slovenia in principle prohibits civil courts from independently determining the occurrence of a criminal offence as a preliminary question, if criminal proceedings have not yet legally concluded. However, an exception is permitted: civil courts may determine the occurrence of a criminal offence as a preliminary question only when it is clear that no criminal proceedings will be initiated. Further arguments that restrict the ability of civil courts to decide on criminal offences as preliminary issues are based on the premise that civil litigation should not rely on an established preliminary question of an individual’s the criminal responsibility without the opportunity for an adversarial criminal process, complete with all legal guarantees and rights afforded by the constitution and criminal law.

12.11.2024