Attorney services, criminal offenses, and misdemeanors
As attorneys in Slovenia, we perform legal services in accordance with the provisions of the Slovenian Attorney's Act. We provide legal advice to our clients and represent and defend them in the field of criminal and misdemeanor law in Slovenia.
In criminal proceedings in Slovenia, representation by an attorney is not always mandatory, but due to the principle of so-called "inequality of arms" in the proceedings, it is recommended. The presumption of innocence applies, the accused is not obliged to defend themselves and answer questions, they do not have to prove their innocence, it is the responsibility of the prosecutor to prove their guilt. The court must correctly and completely determine the actual state of affairs ex officio, present both incriminating and exonerating evidence. The public prosecutor must also strive to present evidence that will lead to the discovery of material truth.
However, in practice, the determination of the actual state of affairs and proving guilt, especially if the accused is without a defender, does not always follow the described principles, and because the accused faces a party i.e. prosecutor, police, and state apparatus, with theoretically unlimited financial and technical possibilities, they are fundamentally in an unequal and worse position from the outset of the process. Since they are usually legally ignorant, they will have difficulty defending themselves and enforcing their rights without the appropriate legal aid of a defender or a criminal law attorney.
The right to a defense with a lawyer (legal aid) is one of the fundamental rights of the accused in criminal proceedings, its violation represents one of the most serious violations of the criminal procedure!
You can authorize a criminal law attorney in connection with a criminal procedure for, for example:
Legal advice and representation:
- Legal advice (for example, in relation to the criminal legal aspect of economic affairs)
- Negotiations and conclusion of agreements (for example, with the public prosecutor about admitting guilt)
Representation and defense in proceedings:
- Pre-criminal and criminal proceedings (suspects or accused in pre-criminal, for example, interrogation at the police, house search, and in criminal proceedings, objection against the indictment, appeal against the decision on ordering or prolonging detention, motion for revocation of detention, appeal against the conviction judgment, extraordinary legal remedies, formulation and submission of a criminal complaint, representation in private criminal lawsuits, representation of victims as subsidiary prosecutors, formulation and submission of a property law claim),
- Proceedings for the seizure of illegally acquired property (financial investigation, temporary seizure of property, response to a lawsuit, representation in proceedings),
- Execution of a criminal sanction procedure (postponement of prison sentence commencement, community service, weekend prison, alternative prison),
- In a civil proceeding (compensation for damage caused by a criminal offense).
- Other:
- Legal opinions, representation in other attorney's tasks in accordance with the provisions of the Attorney's Act.
Attorney Jurij Kutnjak offers you comprehensive legal aid in relation to criminal and misdemeanor proceedings, from the pre-criminal proceedings to the procedure with regular and extraordinary legal remedies, for clients throughout Slovenia.
To reserve an appointment regarding a criminal or misdemeanor procedure, call Attorney Jurij Kutnjak during business hours at the phone number 00 386/2/25-23-780 or write an e-mail to info@odvetnik-kutnjak.si.
Legal documents
power of attorney
registration of a property law claim
request for judicial protection
objection against payment order
written statement about the offense
Legislation:
- -Constitution of the Republic of Slovenia – URS, http://www.pisrs.si/Pis.web/pregledPredpisa?id=USTA1
- Criminal Code – KZ-1, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5050
- Law on the Responsibility of Legal Entities for Criminal Offenses – ZOPOKD, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1259
- Law on the Prevention of Domestic Violence – ZPND, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5084
- Criminal Procedure Act – ZKP, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO362
- Law on the Execution of Penal Sanctions – ZIKS-1, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1223
- Law on the Protection of Witnesses – ZZPrič, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4265
- Law on Cooperation in Criminal Matters with EU Member States - ZSKZDČEU-1, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO6513
- Law on the confiscation of property of illegal origin – ZONI, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO6267
- Law on Free Legal Aid – ZBPP, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1265
- Other ...
Judicial Practice:
- Supreme Court of the Republic of Slovenia, https://www.sodnapraksa.si/