Constitutional Court Suspends Part of Criminal Code Amendment

Constitutional Court Suspends Part of Criminal Code Amendment

Slovakia’s Constitutional Court has suspended part of a controversial amendment to the Criminal Procedure Code limiting the use of testimony from cooperating defendants, known as “penitents.”

The judges said failing to suspend the provision could have interfered with many ongoing criminal cases and threatened the rights of victims as well as cooperating defendants. The amendment was approved by parliament just two months ago.

Slovak Prosecutor General Maroš Žilinka described the court’s decision as fundamental. In a social media post, he said the suspension would prevent potentially negative, irreversible consequences in criminal proceedings, protect the fairness of trials, and avoid jeopardising the investigation of the most serious crimes.

Prime Minister Robert Fico (SMER-SD) said he respected the court’s decision and that the coalition would wait for the final ruling. However, he argued that judges or the Prosecutor General might see the issue differently if they personally experienced what he described as the practices of cooperating defendants.

Opposition leader Michal Šimečka (PS) called the ruling a victory for common sense. He said it had been a difficult week for the governing coalition, but a good week for justice in Slovakia and the rule of law.

Other contested parts of the amendment — including provisions on denying the so-called Beneš Decrees and obstructing election campaigns — remain in force while the court continues its review.

Source: STVR, TASR

Veronika Ščepánová, Photo: TASR

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