1. Criminal Code (KZ-1)

Available at: http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO6928

Article 112: Enslavement

(1) Whoever, in violation of the rules of international law, places another person in slavery or a relationship similar to slavery, or holds a person in such a relationship, or buys, sells, hands over to another person or acts as an intermediary in the purchase, sale or handover of such a person, or incites another to sell their own freedom or the freedom of a person they support or care for, shall be sentenced to imprisonment of between one and ten years.

(2) Whoever transports persons held in slavery or a relationship similar to slavery from one country to another shall be sentenced to imprisonment of between six months and five years.

(3) Whoever commits an act referred to in paragraph 1 or 2 of this Article against a minor shall be sentenced to imprisonment of between three and fifteen years.

Article 113: Trafficking in human beings

(1) Whoever, for the purpose of exploitation of prostitution or other forms of sexual abuse, forced labour, slavery, servitude, the commission of criminal offences or trafficking in organs, human tissue or blood, buys, takes in, harbours, transports, sells, hands over or otherwise disposes of another person or recruits such a person, exchanges them or transfers control over them or acts as an intermediary in such conduct, shall, irrespective of any consent given by that person, be sentenced to imprisonment of between one and ten years and a fine.

(2) If the act referred to in the preceding paragraph is committed against a minor, or by force, threat, deception, abduction or abuse of a subordinate or dependent position or by giving or receiving payments or benefits in order to obtain the consent of a person having control over another person, or with the intention of forcing pregnancy or artificial insemination, the perpetrator shall be sentenced to imprisonment of between three and fifteen years.

(3) Whoever, with the intention of committing an act referred to in paragraph 1 or 2 of this Article, retains, removes, conceals, damages or destroys an official document establishing the identity of a victim of trafficking in human beings, shall be sentenced to imprisonment of up to three years and a fine.

(4) Whoever knows that a person is a victim of trafficking in human beings and nevertheless uses services provided by that person as a result of the exploitation described in paragraphs 1 and 2 of this Article shall be sentenced to imprisonment of up to three years and a fine.

(5) Whoever commits an act referred to in paragraph 1, 2 or 3 of this Article as a member of a criminal organisation formed to commit such acts, or where a large pecuniary benefit has been obtained through the act, shall be sentenced to imprisonment of between three and fifteen years and a fine.

Article 175: Abuse of prostitution

(1) Whoever, for the purpose of exploitation, participates in the prostitution of another person, or by force, threat or deception induces, procures or encourages another person into prostitution, shall be sentenced to imprisonment of between three months and five years.

(2) Whoever, for the purpose of exploitation, participates in the prostitution of a minor or makes use of the prostitution of a minor, or by force, threat, deception, recruitment or solicitation induces, procures or encourages a minor into prostitution, shall be sentenced to imprisonment of between one and ten years.

(3) If the acts referred to in paragraph 1 or 2 of this Article are committed against several persons or within a criminal organisation, the perpetrator shall be sentenced to imprisonment of between one and twelve years.

Article 122: Minor bodily harm

Article 123: Grievous bodily harm

Article 124: Especially grievous bodily harm

Article 133: Unlawful deprivation of liberty

Article 170: Rape

Article 171: Sexual violence

Article 172: Sexual abuse of a defenceless person

Article 173: Sexual assault on a person under fifteen years of age

Article 174: Violation of sexual integrity by abuse of position

Article 176: Presentation, production, possession and distribution of pornographic material

Article 296: Violent conduct

2. Aliens Act (ZTuj-2-UPB1)

Available at: http://www.uradni-list.si/1/content?id=117877

Article 50: Victims of trafficking in human beings and victims of illegal employment

(1) A victim of trafficking in human beings residing unlawfully in the Republic of Slovenia shall, at their request or ex officio, be permitted by the police to remain in the country for 90 days in order to decide whether to cooperate as a witness in criminal proceedings concerning the offence of trafficking in human beings. For the same period, the police shall, at their request or ex officio, also permit a victim of illegal employment to remain in the country in order to decide whether to cooperate as a witness in criminal proceedings against the employer for the offence of illegal employment, or where they have brought an action against the employer to enforce rights arising from the employment relationship. On justified grounds, permission to remain may be extended for a further period of up to 90 days for both a victim of trafficking in human beings and a victim of illegal employment.

(2) Permission to remain may be refused where the residence of a victim of trafficking in human beings or of a victim of illegal employment in the Republic of Slovenia would pose a threat to public order, security or the international relations of the Republic of Slovenia, or where there is a suspicion that their residence in the country would be connected with terrorist or other violent acts, unlawful intelligence activities, the production of or trafficking in drugs, or the commission of other criminal offences; or where they come from areas affected by infectious diseases with epidemic potential listed in the International Health Regulations of the World Health Organization, or from areas affected by infectious diseases that could endanger human health and in respect of which prescribed measures must be taken under the law governing infectious diseases.

(3) While permitted to remain, a victim of trafficking in human beings and a victim of illegal employment shall enjoy the rights guaranteed under this Act to aliens permitted to remain temporarily, together with the right to free translation and interpretation. The police and non-governmental organisations must inform them of the possibility of, and conditions for, obtaining a residence permit; where the victim of trafficking in human beings or of illegal employment is an unaccompanied minor, they must also do everything necessary to establish contact with the minor's family as quickly as possible.

(4) Notwithstanding the other conditions for issuing a residence permit laid down in this Act, a temporary residence permit may be issued to a victim of trafficking in human beings and to a victim of illegal employment where they are willing to cooperate as a witness in criminal proceedings and their testimony will be significant, as confirmed by the competent prosecuting authority; and, in the case of a victim of illegal employment, also where they have brought an action against the employer to enforce rights arising from the employment relationship and their presence in the territory of the Republic of Slovenia is significant for the court proceedings, as confirmed by the competent court.

(5) A temporary residence permit shall not be issued to a victim of trafficking in human beings or to a victim of illegal employment where:

– the conditions for issuing a permit set out in the preceding paragraph are not met;

– their residence in the Republic of Slovenia would pose a threat to public order, security or the international relations of the Republic of Slovenia, or there is a suspicion that their residence in the country would be connected with terrorist or other violent acts, unlawful intelligence activities, the production of or trafficking in drugs, or the commission of other criminal offences;

– it is established in the permit procedure that they come from areas affected by infectious diseases with epidemic potential listed in the International Health Regulations of the World Health Organization, or from areas affected by infectious diseases that could endanger human health and in respect of which prescribed measures must be taken under the law governing infectious diseases;

– it is established in the permit procedure that the victim of trafficking in human beings has of their own accord been in contact with a person suspected, charged or indicted for the offence of trafficking in human beings, or that the victim of illegal employment has of their own accord been in contact with the employer suspected, charged or indicted for the offence of illegal employment.

(6) A victim of trafficking in human beings and a victim of illegal employment must lodge an application for a temporary residence permit with the competent authority in the Republic of Slovenia before the expiry of the period for which they are permitted to remain, or before the expiry of their permitted residence where the victim of trafficking in human beings resides lawfully in the Republic of Slovenia on another basis. Where the application is lodged in time, the competent authority shall issue the victim a certificate valid as a temporary residence permit until a final decision on the application is taken. A victim of trafficking in human beings and a victim of illegal employment without means of subsistence shall be exempt, in the temporary residence permit procedure, from paying the administrative fee, the cost of printed forms, and interpretation and translation costs.

(7) A temporary residence permit shall be issued to a victim of trafficking in human beings and to a victim of illegal employment for the expected duration of the criminal proceedings, but for not less than six months and not more than one year. Until the criminal proceedings conclude, and provided the conditions of this Article are met, the permit may be extended at the victim's request with a validity of up to one year. Where an employer has not paid a victim of illegal employment their outstanding remuneration, the permit may — at the victim's request, provided the conditions of this Article are met and evidence is submitted of an action brought before the competent court for recovery of that remuneration — also be extended after the criminal proceedings conclude, with a validity of up to one year. If the outstanding remuneration is paid before the residence permit expires, the victim of illegal employment must notify the administrative unit that issued the permit, or the administrative unit in whose area they reside.

(8) A victim of trafficking in human beings and a victim of illegal employment who holds a temporary residence permit and has no means of subsistence is entitled to emergency healthcare in accordance with the law governing healthcare and health insurance, and to financial assistance in the amount and in the manner laid down for such assistance by the law governing social security benefits. The funds for this assistance are provided and paid out by the social work centre in whose area the alien resides. While the temporary residence permit is valid, a victim of trafficking in human beings may take up employment or perform work in the Republic of Slovenia under the conditions laid down in the law governing the employment and work of aliens; on the same conditions and for the same period, a victim of illegal employment may take up employment or perform work, including with another employer.

(9) A victim of trafficking in human beings and a victim of illegal employment may be issued a further temporary residence permit on another ground of residence in the Republic of Slovenia, provided the conditions for issuing that permit are met. The application for a further permit must be lodged before the previous permit expires.