PG: Prosecutors Say Offence of Bending Law Lacks Justification

Bratislava, 2 February (TASR) – The criminal offence of 'bending the law' has no justification in the Slovak legal system, the Prosecutor-General's Office (PG) has said in response to a request by the Judicial Council to remove the offence from the Criminal Code, the PG's spokesperson Zuzana Drobova told TASR on Sunday. "If removing the offence of bending the law from the Criminal Code is not an option, then a substantial amendment is appropriate, but one that doesn't create interpretative difficulties," added Drobova. She recalled that the conduct of a judge who decides corruptly or in a manifestly unlawful manner is already punishable under the Criminal Code, primarily as a corruption offence or the misuse of power by a public official. The Judicial Council continues to call for the removal of the offence of bending the law from the Criminal Code. In doing so, it's aligning itself with the views of the European Commission, GRECO, the European Association of Judges and the Consultative Council of European Judges. Justice Minister Boris Susko (Smer-SD) said last week that the Justice Ministry aims to find an expert solution regarding the offence of bending the law, which was introduced into the Slovak legal system by the previous government. In this context, he met a group of rapporteurs from the Venice Commission. In addition to removing the offence from legislation, another possible solution, in view of Slovakia's commitments linked to milestones of the Recovery and Resilience Plan, would be to strengthen guarantees of judicial independence. mf/df