Police custody & Detention

A person suspected of having committed a criminal offence may be taken into police custody and detained. However, the police custody and detention have to be carried out lawfully and respecting human rights.

A person may be arrested in relation to suspicion of having committed a criminal offence. In Slovenia, the grounds for arrest and detention are explained in the Criminal Procedure Act. The police can arrest and keep you in custody for a maximum of 48 hours. After this time has passed, they must release you or bring you to an investigating judge.

Arrest, Detention & Human rights

Human rights protect the right to liberty and security of a person. Therefore, unlawful and arbitrary arrest and detention are prohibited. It means that the police need to have a lawful reason to arrest and detain you, they need to follow clearly set procedures and they must not treat you disrespectfully. During arrest and detention processes, such human rights as the right to liberty and security, the right to fair trial, the right to life, the prohibition of inhumane or degrading treatment, or torture and the right to private life may be affected.

About this Guide

This Guide will explain situations in which you can be arrested and detained, the procedure that should be followed, how you should be treated and what human rights violations may occur in particular situations during the process.

Assess your knowledge

If you wish to use the Guide for learning purposes, the Guide offers you a possibility to assess your knowledge in human rights before or after studying, by completing tests about different themes included in the Guide.

Resources

Last updated 25/07/2023