Slovak Bar Association Criticises Amendment to Criminal Code

Bratislava, 12 December (TASR) – The Slovak Bar Association (SAK) voiced its criticism regarding the amendment to the Criminal Code approved by Parliament on Thursday (11 December) and stressed that its statement does not replace comprehensive expert opinions but is limited to reaffirming the association's long-standing principled positions, TASR was told by SAK's press department on Friday. "The Slovak Bar Association, as a rule, does not engage in political debate and fully respects the legislator's right to amend and supplement criminal codes. However, as no public consultation was opened for the discussed amendment, we are exercising our right to communicate our expert position in this way," the association explained. It recalled that at least since the recodification of the criminal codes in 2005, it has repeatedly criticised the frequent practice of legislators creating new criminal offences as a direct reaction to topical social issues. "Criminal law has long been misused as a tool to address matters that should and could be resolved through instruments of other branches of law. This has led to a tendency to overuse criminal law and to distort the principles on which modern criminal law should be built," SAK noted. It stated that it views the proposed changes critically as well, such as the expansion of the offence of obstructing an election campaign or the introduction of criminal liability for denying or questioning the post-war settlement. "In our view, criminal law should never be used to seek answers to open social questions. Misusing these instruments in other areas can not only harm criminal law itself but also create new complications," SAK said. mf