In Slovenian tort law, punitive damages are not generally available as a form of compensation for the victim of a tortious act. Unlike in some other legal systems (particularly common law systems), where punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future, Slovenian law does not recognize this concept.

Instead, victims of torts in Slovenia may seek only compensatory damages, which are designed to compensate the victim for the harm that they have suffered. This may include compensations for “ordinary” or “actual” damages, such as: medical expenses, pain and suffering but also a reimbursement of lost profit.

Article 169 of the Slovenian Obligations Code (OZ), states: “In considering the circumstances arising after the infliction of damage the court shall award the injured party compensation in the amount necessary to restore the injured party’s financial situation to what it would have been without the damaging act or omission.” – in other words not less, but also not more than what is necessary.

It’s important to note that the absence of punitive damages in Slovenian tort law does not mean that wrongdoers cannot be held accountable for their actions. In addition to compensatory damages, victims may in some cases also seek other forms of relief, such as an injunction to prevent further harm or a declaratory judgment to establish the parties’ rights and obligations.

In cases where the wrongdoer’s conduct was criminal in nature, the victim may also seek compensation through the criminal justice system, though the question of conviction of the wrongdoer in a criminal procedure is usually entirely left to the competent prosecutors and courts (and not the victim).

Overall, the absence of punitive damages in Slovenian tort law means that victims of torts must rely on other forms of compensation and relief to hold wrongdoers accountable for their actions, especially those wrongdoers whose financial status greatly exceeds the damages actually inflicted – as in those cases the relatively low obligation to pay compensation for damages will have no discernible punishing or preventive effect. In any case it’s important to seek the advice of a lawyer who is familiar with Slovenian tort law and can assist with pursuing the appropriate remedies.