The Constitutional Court has ruled that Section 363 of the Penal Code is not at odds with the Slovak Constitution. The court thus did not comply with the proposal of a group of MPs and President Zuzana Caputova, who challenged the paragraph in court.
The given section allows the prosecutor-general to overturn the final decision of a prosecutor or police officer if the law has been violated by the decision or in the proceedings that preceded it.
The controversial section was challenged at the Constitutional Court by a group of MPs in late 2021 and by the president this January. According to them, the wording of the section and the powers available to the prosecutor general on its basis represent disproportionate interference in the independence of the judiciary.
President Zuzana Caputova respects the decision of the Constitutional Court regarding Paragraph 363 of the Penal Code and plans to peruse its justification in writing before making any comments on it.
Source: TASR
