NGOs Urge Withdrawal of Amendment on Cooperating Defendants (2)

Bratislava, 7 April (TASR) – Non-governmental organisations are calling for the withdrawal of an amendment to the Criminal Code concerning changes to the institution of the cooperating defendant, with the Let's Stop Corruption Foundation and Via Iuris having also launched a petition to collect signatures for a mass comment, as they consider the proposed changes to be incoherent and unconstitutional, TASR was told by the foundation's communications specialist Norbert Chomistek on Tuesday. The organisations warn that if the amendment is adopted in its proposed form, the state will lose a key tool for dismantling organised-crime structures and corruption networks. In addition, they emphasised that the changes directly contradict established judicial practice and case law, pointing to several risks. The NGOs argue that the proposal removes the right of cooperating defendants to refuse to testify, which they say runs contrary to the Slovak Constitution. They also criticise the setting of deadlines under which an accused person would have to surrender the financial proceeds of criminal activity within 180 days or lose all benefits, while also warning of possible interference in judicial independence. The requirement to corroborate testimony with other evidence, they say, directly interferes with the principle of the free evaluation of evidence by judges. "The ministry is attempting, in a short period of time, to push through further fundamental changes to an institution that was last amended only two years ago and hasn't yet been properly evaluated in practice, while the most recent changes from December of last year were suspended by the Constitutional Court," said Via Iuris director Katarina Batkova. Director of the Let's Stop Corruption Foundation Zuzana Petkova expressed concern that the proposed adjustments are "tailor-made" for individuals from the governing coalition who face criminal charges. "If benefits for cooperating defendants become practically inaccessible, members of criminal groups will lose their only incentive to testify. The state would effectively be cutting off investigations into corruption and organised crime," she said. The organisations also noted that the amendment introduces an "all or nothing" principle for cooperating defendants. Under the new rules, an accused person would be legally obliged to testify about everything they have ever committed or lose entitlement to any benefits. The NGOs say that experience in practice shows that without insider information it's almost impossible to dismantle sophisticated financial flows and the hierarchy of criminal groups. According to the NGOs, the Justice Ministry is creating an environment in which cooperation with the state becomes too risky and disadvantageous for the accused. The Let's Stop Corruption Foundation and Via Iuris propose that the amendment should be withdrawn entirely from the legislative process. "If the ministry continues the debate, the organisations will submit substantial comments calling for the removal of the most harmful provisions," they stated. Chomistek added that people can support the mass comment by signing it by 15 April 2026. "If the ministry doesn't accommodate the comments, public representatives Zuzana Petkova and Katarina Batkova will request a conciliation procedure," he said. The Justice Ministry has prepared a comprehensive reform of the institution of the cooperating defendant. It introduces stricter legal provisions aimed at increasing the credibility of testimonies by cooperating persons. For example, a ban is to be introduced on granting benefits repeatedly to the same person in different criminal proceedings, thereby limiting what the Justice Ministry perceives as the systemic misuse of cooperating defendants. NOTE: This story has been extended to include the final six paragraphs mf/df