It had fallen upon Ljubljana District Court Judge Tanja Lombar Jenko, who was assigned to the retrial of the Patria case, to determine whether the case was barred by the statute of limitations. She had to decide whether the old or the new criminal code applied in this case.

Under the old criminal code, which was valid when the crimes were allegedly committed in 2005, the case would come under the statute of limitations after 10 years. Under the new criminal code, the case would fall under the statute of limitations 2 years after the final sentence was repealed.

The judge said in her verdict that the old criminal code must be applied because it is more favourable to the defendants. She stressed that the law expressly stipulates this.

Prosecution can appeal the decision
The prosecution has 8 days to file an appeal. "The prosecution is examining the verdict of the Ljubljana District Court," the prosecution said.

The prosecution added that the Ljubljana District Court obviously adopted the separate opinion of Constitutional Judge Mitja Deisinger, who determined that the case would come under the statute of limitations in August 2015.

"In this long-running, labour-intensive and high-profile trial, three courts determined that the prosecution did have a case, and these courts also imposed sentences," the prosecution said in a press release. Moreover, the prosecution stressed that the Constitutional Court did not acquit the defendants of any of the charges – it merely ordered a retrial.

G. C., T. H. ; translated by D. V.