ABSTRACT

The legal regime of parole in Slovenia has remained practically unchanged since the 1950s, and so some of its provisions are clearly not in accordance with present-day demands. Despite the fact that Slovenia has one of the lowest prison rates in Europe, prison rates have increased in recent years, and so Slovenia faces the imminent problem of prison overcrowding. In consequence it is to be feared that the prison system's physical capacity to hold prisoners may become a factor — by design or otherwise — in future decisions on parole. This state of affairs does not accord with the aims and purposes of parole as it is viewed in Slovenia. This chapter presents an overview of the legal framework of parole in Slovenia, provides some statistical data regarding the early release system and discusses the legal nature of parole and its purpose. It also examines the possibilities for reforming the parole system so that it becomes more transparent, efficient and fit for the purpose of rehabilitation. With regard to such an improvement, several questions are raised. Firstly, the composition of the Parole Commission needs some reappraisal: the judicial impact on parole decisions and the input of penological and criminological experts should be increased. Secondly, the procedure for deciding on parole should be made more explicit and the parolee's rights defined more clearly. The third weakness of the system is an inadequate elaboration of the criteria for parole.