Recent judicial practice has upheld that the presumption of innocence under
Article 27 of the Constitution of the Republic of Slovenia in principle prohibits
civil courts from independently determining the occurrence of a criminal offence
as a preliminary question, if criminal proceedings have not yet legally
concluded. However, an exception is permitted: civil courts may determine the
occurrence of a criminal offence as a preliminary question only when it is clear
that no criminal proceedings will be initiated. Further arguments that restrict
the ability of civil courts to decide on criminal offences as preliminary issues
are based on the premise that civil litigation should not rely on an established
preliminary question of an individual’s the criminal responsibility without the
opportunity for an adversarial criminal process, complete with all legal guarantees
and rights afforded by the constitution and criminal law.
Key words: presumption of innocence, civil court, criminal responsibility, preliminary
question, crime, legal guarantees.