Constitutional Court: Amendment on Cooperating Defendants Unconstitutional

Kosice/Bratislava, 21 October (TASR) - The part of the amendment to the Code of Criminal Procedure concerning so-called 'cooperating defendants' is unconstitutional, the Constitutional Court ruled on Wednesday.

The amendment, adopted last December, was challenged by a group of 51 opposition MPs, as well as by Prosecutor-General Maros Zilinka, and the Specialised Criminal Court (STS).

"Today, the Constitutional Court ruled on petitions submitted by a group of MPs, the prosecutor-general and the Specialised Criminal Court concerning an amendment to the Code of Criminal Procedure, specifically the provisions relating to so-called cooperating persons, or repentant offenders. The court found that the contested provision was not in compliance with the Constitution. It rejected the petitions in the remaining parts," Constitutional Court spokesperson Martina Ferencova told TASR.

The amendment to the Criminal Code, which also introduced changes to the Code of Criminal Procedure, was passed by Parliament via a fast-track procedure. Coalition MPs argued that the mechanism allowing cooperating witnesses to provide testimony was allegedly being abused, citing cases in which people had been convicted on the basis of statements later found to be unreliable.

In February, the Constitutional Court warned that rejecting the request to suspend the provision's effect could affect numerous ongoing criminal proceedings, potentially jeopardising the rights of injured parties as well as those of cooperating accused persons themselves. Regarding cooperating witnesses, who stand to benefit from the arrangement, the court said that the main concern was the potential infringement of their constitutionally guaranteed right to a defence.

The opposition criticised the changes as well. "The state is essentially tying its own hands when it comes to prosecuting mafia members, including the traditional hardline gangsters of the 1990s. That means a resurgence of crime. I know of no other government in the world that would introduce measures in Parliament to help criminals," said Progressive Slovakia (PS) leader Michal Simecka in December.