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crimes committed by totalitarian regimes - Ministrstvo za pravosodje

crimes committed by totalitarian regimes - Ministrstvo za pravosodje

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Crimes <strong>committed</strong> <strong>by</strong> <strong>totalitarian</strong> <strong>regimes</strong><br />

Except in the case of the Act on Criminal Offences Against the People and the State, the provisions<br />

of the laws were not in accordance with the currently valid constitutional and general legal principles<br />

recognised <strong>by</strong> civilised nations, inasmuch as due to their vagueness they provided a basis for arbitrary<br />

judgement. The most common deficiency is that criminal offences were defined in very general terms<br />

and allowed adjudication <strong>by</strong> analogy. The Constitutional Court decided which provisions could not<br />

be used and the manner in which unjust sentences issued on the basis of these regulations could be<br />

overturned. 55<br />

In 1996, the National Assembly adopted the Redressing of Injustices Act, 56 which partially regulates<br />

the right to compensation for damages and rights to pension and disability insurance for former political<br />

prisoners and relations of victims of illegal post-war deprivation of life, the procedure for exercising<br />

these rights and the bodies which decide on these rights. This law also prescribes the special conditions<br />

for the procedure and for a reversal of final criminal verdicts. Article 3 of the Act states the provisions of<br />

various penal regulations, which were valid after the end of the war, on the basis of which the status of<br />

former political prisoners can be established. They include various provisions of the Act on Suppression<br />

of Prohibited Trade and Economic Sabotage of 1946 and the Founding Act of Agricultural Collectives<br />

of 1949. A total of 20,347 applications were submitted between 1997 and 2008, of which 19,204 cases<br />

have been resolved.<br />

55<br />

Decree on Military Tribunals (Decisions and Resolutions of the Constitutional Court (Odlus) III, no. 33); Prosecution of Crimes and<br />

Offences against the Slovenian National Honour Act (Odlus VII/2, no. 176); Act on Criminal Offences against the People and the State<br />

(Odlus VII/2, no. 195); Act on Suppression of Prohibited Trade and Economic Sabotage (Odlus V/1, no. 31).<br />

56<br />

Official Gazette of the Republic of Slovenia, no. 59/96.<br />

70

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