PG Zilinka Challenges Penal Code Amendment at Constitutional Court

Bratislava, 14 January (TASR) - Prosecutor-General (PG) Maros Zilinka appealed to the Constitutional Court in connection with the amendment to the Penal Code on Wednesday. Zilinka has posted on a social network that he proposes launching proceedings regarding whether the legal regulations are in compliance with the Slovak Constitution. In particular, he's contesting changes to the Criminal Procedure Code concerning the inadmissibility of evidence obtained from cooperating defendants. He's demanding that the effect of the contested legal regulation should be suspended. The amendment to the Penal Code reintroduces the 'three strikes' rule for petty theft. It also expands the definition of the criminal offence of obstructing an election campaign, including acting in concert with a "foreign power", and introduces criminal liability for "denying or questioning post-war documents on the arrangement of conditions in Slovakia after WWII". The status of cooperating defendants has also been modified. Parliament dealt with the amendment via a short-track legislative procedure. According to Justice Minister Boris Susko (Smer-SD), the amendment to the Penal Code, which also changed the Criminal Procedure Code in the sphere of cooperating defendants, isn't bringing about a revolution but common sense and legal logic. In his view, the principles of justice have been preserved. The amendment has also been criticised by the opposition, which argued that the legislation was drafted to address problems on behalf of the "mafia" and is aimed at guaranteeing impunity from prosecution for people who commit serious crimes. ko/df