Slovakia‘s Constitutional Court on Thursday, November 16, 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, delivered after a challenge brought by opposition parties and the prosecutor General Maroš Žilinka, found that the proposed amendments violated the constitutional principle of the rule of law. Specifically, the court steadfast that shortening the statute of limitations for certain offenses risked undermining the state’s ability to effectively prosecute and punish perpetrators of grave crimes.
The contested changes, put forward by the coalition government comprised of Smer-SD, Hlas, and the Slovak National Party, aimed to reduce the statute of limitations for crimes carrying sentences of more than 10 years in prison from 20 to 10 years, and in some cases, to as little as 5 years. proponents argued the changes were necessary to reduce the burden on the judicial system and ensure legal certainty. Critics, however, warned that the revisions would allow numerous individuals accused of serious offenses to evade justice.
the ruling comes amid widespread protests against the government’s judicial reforms, which opponents fear will erode the independence of the judiciary and enable corruption.Thousands demonstrated in Bratislava and other cities in the days leading up to the court’s decision, expressing concerns about the rollback of anti-corruption measures and the potential for impunity.
prime Minister Fico’s government, which assumed office in late October 2023 following a parliamentary election, has pledged to overhaul the country’s legal system. The proposed penal code changes were a key component of this agenda. The government has indicated it may revise the legislation and resubmit it to parliament,though the court’s ruling sets a high bar for any future amendments.
According to data from the Slovak Statistics Office, the conviction rate for serious crimes in Slovakia was 68.7% in 2022. The proposed changes to the statute of limitations were projected by the Justice Ministry to potentially affect hundreds of ongoing investigations and prosecutions. The Prosecutor General’s office had publicly opposed the changes, citing concerns about their impact on the effectiveness of law enforcement.
The Constitutional Court’s nine judges unanimously supported the decision. The court’s president, Jana Dubovická, emphasized the importance of upholding the principles of justice and ensuring that perpetrators of serious crimes are held accountable for their actions. The ruling is final and binding, although the government retains the right to propose alternative legislation that complies with the constitutional requirements.