Activities of the Police

The trend in combating trafficking in human beings has continued over the years, with Slovenia remaining a target and a transit country for victims of trafficking most often exploited for prostitution and sexual abuse. Other identified forms of victim exploitation occur less often.

In 2023, the Police dealt with 74 suspected criminal offences of trafficking in human beings, which is much more than in 2022. Based on the investigated reports, the Police confirmed 25 criminal offences of trafficking in human beings and filed criminal complaints with the competent state attorney’s office. In 11 cases, the Police found no grounds for filing a criminal complaint based on the information and evidence collected and sent reports to the competent state attorney’s office pursuant to Article 148, paragraph ten, of the Criminal Procedure Act (hereinafter: the ZKP).

In 2023, the police identified 21 victims of the criminal offence of trafficking in human beings and 60 potential^[1] victims of trafficking. The victims identified were citizens of Bosnia and Herzegovina, Montenegro, Croatia, China, Romania, Slovenia, Serbia, and Ukraine. All the identified victims were female and were exploited for sexual purposes. In the reporting period, the Police also investigated a case of a juvenile victim from Slovenia.

The Police investigated a total of 16 people, of whom 11 men and 5 women, suspected of the criminal offence of trafficking in human beings. They were predominantly Slovenian citizens.

Activities of the State Prosecutor’s Office

In 2023, the Specialised State Prosecutor's Office, which has exclusive competence to prosecute criminal offences involving trafficking in human beings, continued to carry out its work relating to the criminal offences of trafficking in human beings under Article 113 of the KZ-1, enslavement under Article 112 of the KZ-1 and exploitation of prostitution under Article 175 of the KZ-1.

In the reporting year, the Specialised State Prosecutor’s Office did not receive any new criminal complaints for the criminal offence of trafficking in human beings as per Article 113 of the KZ-1. It did, however, receive:

• one criminal complaint relating to the criminal offence of the exploitation of prostitution under Article 175 of the KZ-1 against nine natural persons and to the detriment of 31 female victims;
• two reports under Article 148, paragraph ten, of the ZKP relating to trafficking in human beings, but one reported case did not produce reasonable grounds for the suspicion that criminal offences had been committed, and the second case did not constitute a criminal offence that is prosecuted ex officio.

In the reporting year, state prosecutors at the Specialised State Prosecutor's Office:

• issued one decision on dismissal against two natural persons for the criminal offence under Article 113 of the KZ-1;
• filed one indictment against three natural persons for the criminal offence under Article 113 of the KZ-1 committed to the detriment of one female victim;
• filed one request for an investigation against nine natural persons for the criminal offence under Article 175 of the KZ-1 committed to the detriment of 31 female victims.

Other district state prosecutors’ offices also dealt with specific issues relating to trafficking in human beings, as follows:

• the District State Prosecutor’s Office in Koper received one criminal complaint relating to the criminal offence of the exploitation of prostitution under Article 175 of the KZ-1 and filed a request for an investigation on 26 May 2023, followed by an indictment on 20 July 2023 against one natural person and to the detriment of one (female) victim;
• the District State Prosecutor’s Office in Nova Gorica received one criminal complaint relating to the criminal offence of trafficking in human beings under Article 113 of the KZ-1 and filed a request for an investigation against one natural person and to the detriment of two (female) victims. The suspect was remanded into custody;
• the District State Prosecutor’s Office in Ptuj received one criminal complaint relating to the criminal offence of exploitation of prostitution under Article 175 of the KZ-1 against one natural person and to the detriment of one (female) victim. In the reporting year, Ptuj District Court convicted one natural person for the criminal offence of exploitation of prostitution under Article 175 of the KZ-1 to the detriment of one woman (conditional prison sentence and criminal fine, final decision). In the second case, the court acquitted two natural persons of the criminal offence of trafficking in human beings under Article 113 of the KZ-1, but the decision was appealed; separate criminal proceedings are underway, currently in the main hearing stage;
• the District State Prosecutor’s Office in Ljubljana filed two indictments relating to the criminal offence of exploitation of prostitution under Article 175 of the KZ-1, i.e. one indictment against two natural persons to the detriment of one (female) victim and one indictment against one natural person to the detriment of one (female) victim;
• the District Public Prosecutor’s Office in Ljubljana received two criminal complaints relating to the criminal offence of exploitation of prostitution under Article 175, these against three natural persons. In the first case, a request for an investigation was filed relating to the criminal offence to the detriment of one (female) victim, but the investigation resulted in a statement of withdrawal of prosecution, no evidence having been found that the suspect had committed the alleged criminal offence. In the second case, a request for an investigation was filed relating to the criminal offence to the detriment of one (female) minor. In the reporting year, the Prosecutor’s Office also received one criminal report pursuant to Article 148 of the ZKP relating to the criminal offence of exploitation of prostitution under Article 175 of the KZ-1 against one natural person. As there were no reasonable grounds to suspect that the suspect had committed the criminal offence, a decision of dismissal was issued.

Activities of the Labour Inspectorate

Inspectors carried out a total of 312 inspections on labour relations and health and safety at work. They found 157 violations pertaining to health and safety at work and 42 violations pertaining to employment relationships. They issued a total of 25 administrative decisions, 12 payment orders, 39 decisions on a minor offence with a reprimand and 14 decisions on a minor offence imposing a fine, 12 warnings under the Minor Offences Act, two warnings under the Inspection Act, and one report of the criminal offence under Article 199 of the Criminal Code (undeclared work).

In 2023, inspectors found 77 violations of the ZZSDT, which was more than in 2022 (27).

In 2023, inspectors found 68 violations of the ZČmIS, which is much more than in the previous reporting period (5). There were 39 violations of Article 12 of the ZČmIS, which determines the conditions for the transnational provision of services by foreign employers in the Republic of Slovenia, 21 violations due to failure to comply with the provision of Article 14 of the ZČmIS, because a foreign employer failed to register with the Employment Service of Slovenia prior to the commencement of the transnational provision of the service or failed to ensure that, during the provision of such services in Slovenia, the documentation specified in the ZČmIS was kept and made available at the request of the supervisory authority, and eight violations of Article 16 of the ZČmIS, which stipulates the obligations of a foreign employer and the posted worker or driver.

Activities of the Financial Administration

In 2023, the FURS continued to deal with violations under the Prevention of Undeclared Work and Employment Act (hereinafter: the ZPDZC-1) and filed criminal complaints or reports for criminal offences under the KZ-1.

The FURS carried out 6,439 inspections of undeclared work, including inspections of employment of third-country nationals. Illegal employment of third-country nationals was detected at 62 employers for a total of 84 third-country nationals. Most irregularities relating to the illegal employment of third-country nationals were found in the sectors of construction (F), accommodation and food service activities (I), and trade (G).

In 2023, in connection with illegal employment of third-country nationals, 67 minor offence proceedings were initiated against offenders – legal persons – for violating the provision of Article 5, paragraph one, indent six, of the ZPDZC-1, of which, as at the end of the year, 58 minor offence proceedings had been completed and nine were still in progress.

In 2023, 58 employers were sanctioned in minor offence proceedings for violations regarding the illegal employment of third-country nationals. The total amount of fines imposed for the offence referred to in Article 23, paragraph one, indent five, of the ZPDZC-1 amounted to EUR 317,000, and seven warnings were issued to offenders – legal persons, employers and their responsible persons. Furthermore, 68 workers – natural persons, third-country nationals – were sanctioned for the relevant violation, receiving fines for the offence in the total amount of EUR 29,000 according to Article 23, paragraph three, of the ZPDZC-1 and issued ten reprimands.

In 2023, a total of 164 offenders were imposed fines in the total amount of EUR 346,000 for the illegal employment of third-country nationals.

 In 2023, the FURS filed three criminal complaints for the suspected criminal offence under Article 199, paragraph one, of the KZ-1 (undeclared employment). For the suspected criminal offence under Article 196 of the KZ-1, the FURS filed 30 criminal complaints during the reporting period. Of these, 12 pertained to foreign nationals, while other criminal complaints were filed against Slovenian citizens.

During the reporting period, the FURS did not file any criminal complaints or reports on suspicion of committed criminal offences under Article 113 of the KZ-1 (trafficking in human beings).