A Unified Framework for Juvenile Criminal Law: What Does ZKOM Introduce?
After more than a decade of announcements, Slovenia has adopted its first unified legislative framework governing the criminal treatment of juveniles. The Act on the Criminal Treatment of Juveniles (ZKOM) introduces a comprehensive reform of the system, ranging from age thresholds to new approaches to addressing juvenile offending. Further details are set out below.
A special act comprehensively regulating the criminal treatment of juveniles had already been envisaged upon the adoption of the Criminal Code in 2008 (KZ-1). Since its entry into force, the second paragraph of Article 5 has remained unchanged and provides that the criminal liability of juveniles is to be governed by a special act, while the proposer expressly stated in the explanatory memorandum accompanying the draft legislation that such an act would need to be adopted. Several attempts to prepare the legislation followed over the years, but without success until 28 January 2026, when the National Assembly of the Republic of Slovenia finally adopted ZKOM.
With the adoption of ZKOM, Slovenia has, for the first time, comprehensively regulated the field of juvenile criminal law within a single legislative instrument comprising 193 articles. This represents a significant legislative development, as the relevant provisions had previously been dispersed across the KZ-1, the Criminal Procedure Act (ZKP), and the Enforcement of Criminal Sanctions Act (ZIKS-1), whereas ZKOM now consolidates them into a unified and systematic framework. The Act will enter into application on 1 January 2027.
The new ZKOM more clearly distinguishes between the following categories of offenders and the sanctions that may be imposed upon them: (i) younger juveniles who, at the time of committing the criminal offence, had reached the age of 14 but had not yet reached 16, may only be subject to educational measures; (ii) older juveniles who, at the time of committing the criminal offence, had reached the age of 16 but had not yet reached 18, will, as a rule, also be subject to educational measures, although the imposition of a penalty is exceptionally permitted; (iii) young adults who, at the time of committing the criminal offence, had reached the age of 18 but had not yet reached 21, even at the time of the trial. In respect of the latter category, the Act introduces the possibility of imposing an educational measure even after the offender has reached the age of 18, where the court considers that, having regard to the offender’s psychosocial development and the circumstances of the offence, such a measure would constitute a more appropriate response than a penalty under KZ-1. As regards children under the age of 14, it should be noted that, during the preparation of the regulation, public debate also addressed the question of whether the age of criminal responsibility should be lowered from 14 to 12 years, which would have brought Slovenian criminal law closer to the English model. Proponents of such a change pointed to the earlier maturation of contemporary children, the potential for abuse of the existing system (e.g., where a child might deliberately verify the statutory minimum age threshold in advance), and the need to ensure greater fairness from the perspective of victims. Nevertheless, ZKOM does not lower the age threshold and instead retains the principle of absolute criminal irresponsibility of children under the age of 14. In such cases, criminal proceedings are either not initiated or are discontinued, with the matter falling within the remit of the relevant social work centre.
ZKOM further regulates the system of sanctions, which is divided into educational measures, penalties, and security measures. Educational measures include a reprimand, instructions and prohibitions, supervision by a social work centre, and placement in a professional centre, youth reintegration home, or training institution. The penalties provided for under the Act include a fine, juvenile imprisonment, a driving ban, and the expulsion of a foreign national. In addition, security measures under KZ-1 may also be imposed on juveniles, with the exception of a prohibition on practising a profession. These include compulsory in-patient psychiatric treatment or compulsory out-patient psychiatric treatment, a prohibition on approaching or communicating with the victim, and the revocation of a driving licence or confiscation of objects.
A key institutional innovation introduced by ZKOM is the establishment of the Centre for Juveniles, whose primary role is to prepare an individual assessment of the juvenile concerned. This assessment comprehensively addresses the juvenile’s specific needs, taking into account their personal and social circumstances. It serves as an authoritative basis for decision-making by the state prosecutor and the court, as well as for the enforcement of the sanction or measure imposed.
In addition to introducing substantive changes, the Act also strengthens the procedural safeguards afforded to juveniles. The best interests of the juvenile remain a primary consideration, which is reflected in the Act’s emphasis on prompt, diligent and sensitive handling of proceedings, as well as the introduction of priority treatment subject to fixed procedural deadlines. In particular, the statutory time limits of 30 or 45 days for the preparation of the individual assessment are intended to address the excessive duration of proceedings observed under the previous regime. In this context, it is also worth highlighting the strengthened right of defence. Legal representation is mandatory already from the early stages of proceedings in cases involving more serious criminal offences, i.e. criminal offences punishable by a term of imprisonment exceeding three years, as well as in cases involving deprivation of liberty.
In summary, ZKOM introduces a more unified, transparent and systematic framework governing the criminal treatment of juveniles, the primary focus of which lies not merely in punishment, but above all in an individualised approach and reintegration. Against the backdrop of rising juvenile offending and the previous fragmented nature of the regulatory framework, the reform represents a necessary and important development, bringing Slovenia more closely into line with contemporary European approaches in this field. The true test of the new framework, however, will lie in its effective implementation in practice.
