Slovenian Prosecutors Criticize New Anti-Corruption Law

Slovenian prosecutors have voiced strong criticism of a proposed law aimed at combating corruption and organized crime, arguing it fails to deliver substantial improvements and could undermine the independence of the judiciary. The Supreme State Prosecutor's Office (VDT) and the Specialized State Prosecutor's Office (SDT) issued a joint response to the government's proposal, highlighting significant organizational and systemic changes that could negatively affect their operations.

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The proposed regulation does not bring significant improvements in the prosecution of the most demanding criminal offenses, while at the same time warning of organizational and systemic changes that could affect the work of the state prosecutor's office.

Both prosecution bodies expressed concern that the law was developed without input from legal experts or the institutions directly impacted. They particularly object to the government's intention to fast-track the legislation, arguing that the conditions for such a procedure are not met. The VDT noted that the government did not have the official text of the law when it was presented, relying instead on a draft that was subject to further changes.

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The proposal was prepared without the participation of the professional public and the bodies to which the changes directly relate.

A key point of contention is the proposed shift in the appointment process for state prosecutors. The VDT argues that the law's provision allowing the minister to disregard the State Prosecutor's Council's opinion when preparing appointment proposals could reduce the prosecution's professional autonomy and increase political interference in personnel matters. Furthermore, the plan to restructure the SDT into a new body, the StKOK, would terminate the current leadership's mandates and grant the government and parliament a more significant role in appointing the new institution's head and deputies.

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Such a solution could reduce the professional autonomy of the prosecutor's office and increase political influence on personnel procedures.

Prosecutors emphasize that the primary challenge in criminal proceedings is their lengthy duration. They believe a comprehensive reform of the Criminal Procedure Act, rather than just organizational restructuring, is necessary to expedite cases. The SDT, while acknowledging the proposed changes primarily concern organization and renaming, stated the law does not significantly alter the body's jurisdiction in prosecuting the most serious offenses. However, they noted the proposal leaves many questions unanswered regarding the transition period and the handling of ongoing cases.

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The main challenge of criminal prosecution is the lengthiness of procedures.