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Europe: EAW, extradition, Red Notice

Arrested in Ljubljana: 48 hours, and a long wait afterwards

by Massimo Romano3 min readupdated 2026-08-05
European institutional architecture
Direct answer

Slovenia brings a person before a judge quickly and can then keep them a long time. The police must take an arrested person to court within the period fixed by law, where an investigative judge discusses the case with them and decides on remand, release or conditions. Bail is available where the court accepts it, and belongings are listed in the person's presence against a receipt.

The length of pre-trial detention is the feature to plan around. For a foreign national that means the decision taken at the opening hearing is not a formality revisited shortly afterwards: it can determine where a long period is spent. What is produced at that hearing, an address, documents and a proposal for supervision, is worth more here than in most systems. There is also a separate border power exercised at the frontier for unlawful crossing.

Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954

In brief

  • The police must bring an arrested person before the court within the statutory period, and the investigative judge then discusses the case directly with them before deciding anything.
  • The judge's options are remand, release, or release on conditions, and bail exists where the court is prepared to accept it.
  • Pre-trial detention here runs longer on average than anywhere else in the Union, which turns the opening hearing into the decisive moment of the case.
  • What the defence puts before the judge at that hearing, an address, documents and a workable proposal for supervision, carries more weight here than in systems where the position is revisited quickly.
  • A counter-intuitive mechanism exists: a person released on bail whose means collapse can ask the court to return them to detention, because release without resources in a foreign country is not always better.
  • Personal belongings are listed in the detained person's presence and a receipt is given, and anything not seized as evidence is returned.
  • The country sits on the corridor between Italy, Austria, Croatia and the Balkans, so vehicle stops become customs, cash and narcotics files involving people merely passing through.
  • The Italian border is close, which puts an Italian file at the other end of a significant share of these cases and raises the question of proceedings in each country.
  • Drink driving is enforced heavily on a low threshold, and the airport adds customs matters and arrests on alerts issued elsewhere.
  • Only a lawyer admitted in Slovenia can appear before its courts, so the Italian side of the work is selection, briefing and everything with an Italian dimension.

The Slovenian clock

Step · Rule · Note
StepRuleNote
Before the courtWithin 48 hours of the arrestBy the police
The investigative judgeDiscusses the case with you and decidesRemand, release, or conditions
BailAvailableWhere the court accepts it
Average pre-trial detentionAround 13 monthsThe longest average in the Union
Personal belongingsListed in your presence, with a receiptReturned unless seized as evidence
Border detentionA separate power, up to 48 hoursFor unlawful crossing

The average duration is the point to plan around. It means that the decision taken at that first hearing is not a formality that gets revisited in a few weeks: it can determine where you spend the next year. What is produced at it — an address, documents, a proposal for supervision — is worth more here than in most jurisdictions.

There is also a mechanism worth knowing, because it is counter-intuitive: if you are released on bail and your financial situation changes so that you can no longer support yourself, your lawyer can ask the court to return you to detention. It exists because release without means, in a country where you have none, is not always the better outcome.

What actually happens in Ljubljana

  • Transit. Slovenia sits on the corridor between Italy, Austria, Croatia and the Balkans, and vehicle stops turn into customs, cash and narcotics cases.
  • The Italian border, minutes from Trieste, which puts an Italian file at the other end of a significant share of these cases.
  • Nightlife in the compact centre and the student quarter.
  • Border detention, a separate power exercised at the frontier for unlawful crossing.
  • Drink driving, with a low threshold and heavy enforcement.
  • The airport: customs and alert-based arrests.

The Italian proximity means the question of being prosecuted twice for the same acts arises often, and it is answered as set out in the guide on double prosecution — with the foreign decision produced and translated.

Where an Italian lawyer comes in

Only a lawyer admitted in Slovenia can appear before its courts. The Italian side covers the rest: selecting and briefing that lawyer, explaining the position to the family in their own language, and handling anything with an Italian end — a parallel proceeding, a warrant issued by Italy, an alert in circulation. The model is in how a correspondent case is run.

The opening hearing here decides more than it appears to, because of how long detention tends to last. The table compares what each outcome means.

OutcomeWhat it involvesWhat makes it available
Release without conditionsThe investigation continues with no obligations attached.A weak attribution and no risk the judge can identify.
Release on conditionsReporting duties, a fixed address, surrender of documents.An address that can be checked and ties that can be proved.
Release on bailConditions reinforced by a sum accepted by the court.Means to provide it and a credible guarantee of appearance.
Remand in custodyDetention while the investigation proceeds, often at length.Flight risk, interference concerns or the gravity alleged.
Return to detention on requestA released person asks to be held again.A collapse in means that makes release unworkable.

Frequently asked questions

How long before I see a judge in Slovenia?

Within forty-eight hours of the arrest, before an investigative judge who decides on remand, release or conditions.

How long can pre-trial detention last?

Slovenia has the longest average pre-trial detention in the European Union, around thirteen months. The first hearing therefore matters enormously.

Is there bail?

Yes, where the court accepts it. And if your circumstances change so you cannot support yourself, your lawyer can ask the court to return you to detention.

Could Italy prosecute the same facts?

It can where there is an Italian end, and the border is minutes away. A final decision in one member state can bar prosecution in another for the same acts.

If this is happening now

First contact is free and covered by professional privilege, at any hour including nights and holidays.

Who reads about an arrest in Ljubljana

Some readers are visitors who were detained in Slovenia after a night out, a dispute, a border check or a road incident. They were taken to a police station, their phone was logged, and they were told they would be taken to court. They do not know whether they have been charged, and they are not sure what the investigative judge will do. They have heard that Slovenia moves quickly at the start, and they want to know what happens after that.

Others are relatives at home who received a call, often late at night, from a friend, an embassy employee or the person themselves. They know a name and a city, and sometimes a police station. They want to know how soon a judge must see the person, whether bail is possible and how long a hold can last. They are relieved to hear that the judge acts quickly, and alarmed to learn that the average wait in pre-trial detention is the longest in the European Union.

A further group are people who live or work in Slovenia, including those who cross from Italy daily or weekly, who were detained in connection with a business matter, a transport check or a dispute. They have more local context than a visitor, but the same difficulty with language and procedure.

Others are people who have received a summons and are afraid of what attendance will mean. All of them benefit from a plain account of the Slovenian structure: a short period before a judge, a discussion in which the investigative judge decides, bail where the court accepts it, and a potentially long wait afterwards. This page sets out those stages and explains where an Italian lawyer can help from a distance.

The decisions that cannot wait

In the early hours of a Slovenian detention, a few decisions carry real weight. The most important is whether to speak. You must be taken to court within a fixed period of the arrest, and the investigative judge discusses the case with you and decides on remand, release or conditions. What you say there shapes the decision. A statement made without a lawyer, in a language you do not master, can be fixed in the record in a form you did not intend. Silence is uncomfortable and can provoke pressure, but it can be broken later with a lawyer beside you. A statement can never be taken back.

The next choice concerns bail and conditions. Bail is available where the court accepts it, and the strength of your case for it depends on facts you can put forward: a stable address, work, family and a reason to stay available. Think about whether you can stay in Slovenia in practice, because conditions may require it, and a stay at a hotel for weeks is costly. Consider what a lighter measure would mean for work and family, and what the family can provide as security.

Another choice is whom to engage. A lawyer qualified in Slovenia is needed to act before the court. An Italian lawyer can coordinate, explain the system to your family and manage the Italian side. Delay is costly, because the period before the court is short.

Finally, decide who is told. The consulate can confirm where you are held and pass messages, and it is almost always worth informing. Family can be told in measured terms. Choose a relative to speak for the family so that messages stay consistent.

A transit stop and a resident file behave differently from the first hour. The table sets them side by side.

ElementStopped in transitLiving in the country
Flight riskThe main obstacle, with no local ties to point to.Answered by residence, work and family documents.
What opens the fileA check of the vehicle, the load or the driver.A complaint, an audit or an ordinary police intervention.
Evidence that mattersTransport papers, the route and the declarations made.Records built up over time rather than in a moment.
Other country involvedFrequently Italy, at the other end of the journey.Usually none, unless assets or family sit abroad.
What to arrangeAn address for service before leaving the country.Coordination of the criminal and administrative positions.

What to put together now

Anyone outside the cell, whether a friend, a relative or the person after release, can help by assembling documents. Lawyers on both sides act faster and with more precision when the following are available.

  • Identity papers, clearly photographed, so the lawyer can confirm names, dates of birth and nationality as recorded by the Slovenian police.
  • Every paper handed over by the police or the court, photographed in full. It shows the stage reached and the time at which the clock began.
  • The time and place of the arrest and the station where the person is held, because the period before the court is counted from the arrest.
  • The list of personal belongings drawn up in your presence, with the receipt. Belongings should be listed and returned, and the receipt proves what was taken.
  • Proof of address, work and family ties, which bear on bail and on whether the court should order remand or accept a lighter measure.
  • Funds available for bail, so that the lawyer knows what the family or an employer could provide.
  • Travel records: tickets, bookings and receipts, which show where the person was and when.
  • Medical information and a list of medicines, for any request about conditions of detention.
  • Consulate details and a log of any conversations.

What a Ljubljana detention does to ordinary life

Detention in Ljubljana interrupts every plan that surrounds it. The return flight or journey is missed, the hotel keeps charging, and travel insurance often excludes events linked to an arrest. A visitor released on conditions may be told to remain available, which turns a short stay into an open-ended stay. Employers want explanations, and a short absence that cannot be accounted for can become a disciplinary problem.

Phones and bags are taken and listed, so the detained person cannot call anyone or check a bank balance. Passports may be retained. Friends who travelled together are interviewed as witnesses, and trust within a group strains quickly. A person alone in a foreign city, in a language they may not speak, finds the simplest tasks hard.

If remand is ordered, the consequences multiply, and here the average wait is the longest in the Union. The person may be held for a long period before trial, and the household at home must cope with lost income, unpaid bills and the strain of waiting. Relatives take on a role they never wanted: collecting papers, finding lawyers, calling the consulate and answering questions from neighbours and employers. Professional reputations can suffer, particularly for people in regulated jobs.

Plan for these practical consequences alongside the legal ones. Make a short list of what depends on the person returning by a certain date, who must be informed and who can cover obligations. Give that list to the lawyer, so any application for release or for permission to travel can be framed around real need. If the wait looks long, ask early about contact, visits and the options for a lighter measure.

Questions to put to the lawyer

Arrest abroad generates much general reassurance and little specific information. These questions force specifics.

  • At what exact moment did the arrest happen, and by when must the person be taken before the court?
  • Who is the investigative judge, and what will they discuss with the person at the hearing?
  • Is bail available on these facts, and what sum or guarantee might be asked?
  • If remand is ordered, how long is it likely to last in practice, and how can it be reviewed?
  • Who is the Slovenian lawyer, how was the person chosen, and what will they do that an Italian lawyer cannot?
  • What facts about address, work and family can be put before the court to support a lighter measure?
  • How do interpreters work, and can a statement signed without an interpreter be contested?
  • What happens to belongings, phone and passport, and how are they returned?
  • Does anything need to be done in Italy, and who coordinates between the lawyers?

Where the same acts touch Slovenia and Italy, the relationship between the files has to be managed. The table sets out how.

QuestionPositionWhat it requires
Can both countries investigateYes, while no final decision exists in either.A single consistent account across both files.
Can both convict for the same actsNo, once a final decision exists in one of them.The foreign decision produced and translated for the court.
Who raises the pointThe defence, on its own initiative.A certified copy obtained before the hearing.
Effect of inconsistent statementsEach file receives the other's material.Coordination between the lawyers in both countries.
Where the evidence sitsOften on the Italian side of the border.Requests made early, before records are overwritten.

What to avoid while the clock is running

Under stress, people do the things that feel natural and cause the most damage. Avoid these.

  • Do not sign anything you cannot read. A signature turns whatever is written into your account. Ask for an interpreter and a translation, and note any refusal.
  • Do not guess at answers. If you are unsure of a date or detail, say so. A wrong guess is later treated as a lie.
  • Do not discuss the case with fellow detainees. Conversations are not private, and others may repeat what they hear.
  • Do not let friends post anything about the trip or the arrest. Online comments reach the file and are misread.
  • Do not delete messages or photos from devices you hold. Deletion looks like concealment.
  • Do not hire the person who offers help through a hotel, a taxi or a stranger without checking who they are and who pays them.
  • Do not pay anyone to speed things up. It is dangerous and can create a new problem.
  • Do not accept that a long wait is inevitable without asking about bail and lighter measures. A reasoned request can change the position.

When the case sits between Ljubljana and Italy

A Slovenian detention of an Italian citizen creates systems that rarely move at the same pace. Slovenian authorities act in Slovenian, and the language of the file shapes who can read it. An interpreter is a right, but quality varies, and a poor translation can distort a statement. Ask for the interpreter's name and note any problems. Because Slovenia borders Italy, many people crossing the frontier are detained in connection with ordinary journeys, and relatives can reach Ljubljana quickly, which is helpful but should be coordinated with the lawyers.

Documents are the main source of delay. Slovenian papers may need official translation and certification before they can be used in Italy, and Italian papers requested in Slovenia face the same route. Start collecting them immediately, scan everything and send copies to both lawyers at once. Post can take days, and a missing certificate can postpone a hearing.

Ljubljana and Rome share a time zone, which makes calls easier, but offices keep their own hours and holidays. Agree in advance who calls the Slovenian lawyer and when, and who reports to the family.

The consulate can confirm the person is held, check on welfare and pass messages. It does not choose or pay the lawyer and does not argue the merits. Where the same facts also interest Italian authorities, the defence lawyers must coordinate so that what is said in a country does not damage the position in the other. Tell the office early if any Italian dimension exists, such as a company, an earlier inquiry or a family matter.

How the office handles arrests in Slovenia

Call +39 335 669 3954 or write to avvmassimoromano@gmail.com. A call about a person in custody is treated as urgent, including outside normal hours. The initial conversation covers where the person is, when they were taken, what papers exist, whether a local lawyer is already involved and who in the family will be the contact.

The office works in English and Italian. Photographs of documents can be sent through a secure channel and are read before any approach is suggested. The plan separates what must happen in Slovenia, what can be done in Italy and what the family must provide, and it names who is responsible for each task.

An Italian lawyer does not replace Slovenian counsel. The office identifies a lawyer qualified in Slovenia, agrees the scope of that work and coordinates, so that statements, applications to the court and messages to the consulate are consistent. The family receives updates through a single point of contact after each hearing and each decision.

The engagement is confirmed in writing, with scope and fees stated clearly. The firm has offices in Rome at Via Avicenna 97, in Milan at Via Giuseppe Pecchio 3 and in Naples at Corso Umberto I 237, and meetings can be held in person or by video. You will be told what is being done and why, without promises about the outcome.

Words you will see on Slovenian papers

These expressions appear on this page and are likely to appear on documents. Understanding them removes a source of fear.

  • Investigative judge is the judicial officer who discusses the case with the arrested person and decides on remand, release or conditions.
  • Remand is custody ordered before any trial. It is not a conviction.
  • Bail is release against a guarantee, available where the court accepts it, usually with conditions.
  • Pre-trial detention is the period of custody before trial, which in Slovenia lasts longer on average than anywhere else in the Union.
  • Personal belongings are the items taken from you, which must be listed in your presence with a receipt and returned.
  • Conditions are the restrictions attached to a lighter measure, such as remaining available or reporting.
  • Consulate is the office of your own country, which can confirm where you are held and pass messages but does not provide a defence.

If another term appears on a document, ask your lawyer to explain it before replying. Keep a list of the terms you meet, with their meaning, in the shared folder, so that the family and both lawyers use the same words.

About the lawyer

People write to this office from places where Italian is not spoken, and often with documents they cannot read. That is the starting point of the work rather than an obstacle to it. Avv. Massimo Romano practises criminal law and appears before the Court of Cassation; alongside ordinary Italian proceedings he deals with surrender requests, extradition, and the situation of foreign nationals facing charges in Italy. Send or read out what you have: a notice, a receipt from a search, the name of the prison, a lawyer's letter in another language. He will tell you what the document is and what it obliges you to do. The call is followed by a written note setting out what the office can take on, how the file will be handled between Rome, Milan and Naples, and who in the family will be kept informed. Those conversations are held in English whenever that is what the family needs.

Write on WhatsApp or call. Have ready the identity details of the person concerned and a photograph of every page you have received, in whatever language it is written.

Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp

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