President Signs Amendment to Penal Code

Bratislava, 23 December (TASR) - President Peter Pellegrini signed the amendment to the Penal Code, claiming that the responsibility for its wording and for this decision lies fully with the government, which agreed to the proposal, and with the majority in Parliament, which approved it, he said in a video published on a social network on Tuesday. "I've decided that I will not return this proposal to Parliament in its entirety for reconsideration and I will refrain from exercising my right of veto, and that I'll sign the proposal in the wording as approved by Parliament," said Pellegrini, recalling that his signature does not prevent anyone from filing a motion with the Constitutional Court or from using other remedies. According to Pellegrini, the original proposal for the Penal Code amendment was based on the need to address an increased crime rate. Pellegrini fully supports a return to the so-called 'Horalky clause' [a 'three strikes and you're out' principle - ed.note], saying it's completely legitimate for the government to fix or improve at any time the problems in society that are not entirely addressed by law. He added that during the legislative process, additional amending proposals made their way into the law, thus sparking extensive debate in society and among experts. Pellegrini said one of them is the issue of cooperative defendants. "In a country governed by the rule of law, we cannot accept a situation where a person is convicted solely based on the testimony of someone who clearly committed a crime or even lied in many other testimonies," said Pellegrini, adding that the government has every right to decide which offences will be considered crimes. The criminal offence of denying or questioning post-war documents on the arrangement of conditions after WW2 in Slovakia, such as the Benes decrees, is another widely discussed issue. "This is a serious topic, opened quite clumsily by an opposition political party, and it has stirred strong emotions among Slovaks and Hungarians living in our territory,” said Pellegrini. According to him, this provision must not affect the right of anyone to defend themselves in court against the confiscation of property. The head of state also agrees that any elections in Slovakia should always be free and democratic, reflecting the free will of Slovaks, while other countries or organisations financed by foreign capital shouldn't be able to interfere in any way. "I agree that obstructing or rigging the elections through third countries or other powers and with money from abroad should also be considered a criminal offence," said Pellegrini. On 11 December, Parliament passed an amendment to the Penal Code via a fast-tracked legislative procedure. It reintroduces the three-strikes rule for petty theft, with repeat offenders becoming criminally liable in the case of repeated thefts. The definition of the criminal offence of obstructing an election campaign is to be extended to include cooperation with a "foreign power", and criminal liability is also being introduced "for denying or questioning post-war documents on the arrangement of conditions after WW2 in Slovakia". It also addresses the issue of cooperating defendants. jrg/mcs