Slovakia‘s Constitutional Court on Wednesday, November 15, 2023, ruled against proposed changes to the penal code that would have significantly altered the statute of limitations for serious crimes, including rape and murder. The decision halts the planned overhaul championed by the newly appointed government led by Prime Minister Robert Fico.
The court’s verdict, announced in bratislava, determined that the proposed amendments violated the constitutional principle of the rule of law. Specifically, the changes would have shortened the statute of limitations for certain offenses, potentially allowing perpetrators of past crimes to avoid prosecution. Critics argued this would create a climate of impunity and undermine justice for victims.
The contested amendments, submitted to parliament in early November, aimed to reduce the statute of limitations for crimes punishable by more than 10 years in prison from 20 to 10 years, and for the most serious crimes, from 25 to 15 years. The proposed changes also included the abolition of special courts dealing with corruption and organized crime,a move widely condemned by opposition parties and international observers.
The Constitutional Court’s decision was prompted by a collective appeal filed by 54 opposition Members of Parliament, President Zuzana Čaputová, and Prosecutor General Maroš Žilinka. President Čaputová had previously voiced strong opposition to the changes, stating they would weaken the fight against crime and corruption. Žilinka, appointed in 2020, also expressed concerns about the potential impact on ongoing investigations.
The Fico government, a coalition of Smer-SD, Hlas-SD, and the Slovak National Party, maintains the changes were intended to streamline the justice system and reduce the backlog of cases. However, opponents contend the reforms were designed to protect individuals with ties to the previous Smer-SD government, which was plagued by corruption scandals.
The ruling represents a meaningful setback for the Fico government, which has faced widespread protests since taking office in October 2023. Demonstrations, organized by civic groups and opposition parties, drew tens of thousands of participants to cities across Slovakia, including Bratislava, košice, and Žilina. Recent polls conducted by Focus agency in November 2023 indicate that 62% of Slovaks oppose the proposed changes to the penal code.
the Constitutional Court’s decision is final and binding. The government now faces the prospect of either revising the proposed amendments to address the court’s concerns or abandoning the reforms altogether.Legal experts suggest that any future attempts to alter the statute of limitations will likely face intense scrutiny and legal challenges.
