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The adoption of the amendments to the Criminal Code and the Criminal Procedure Code—and in particular their content, scope, and the purpose communicated by their sponsors—has been the target of widespread criticism and has even sparked public protests. For this reason, as well as others, we anticipate that the entire legislative process for these bills may seem unclear, particularly with regard to when the amendments—or specific parts thereof—will take effect.

In recent months, the topic of amendments to the so-called criminal codes—namely Act No. 300/2005 Coll., the CRIMINAL CODE (hereinafter also referred to as the “Criminal Code”), and Act No. 301/2005 Coll. CRIMINAL PROCEDURE CODE (hereinafter also referred to as the “Criminal Procedure Code”). The adoption of these amendments, their content and scope, and the purpose communicated by the sponsors have been the target of widespread criticism and even the cause of civil protests. For this reason, as well as others, we anticipate that the entire legislative process for these bills may seem confusing, particularly regarding the effective dates of the amendments or their specific provisions. The purpose of this article is to clarify and provide information on important dates and to offer a quick overview of which parts of the amendments have already entered into force, which have been suspended, and what stages the legislative process has gone through.

How did the legislative process proceed?

First, it should be noted that both laws—the Criminal Code and the Criminal Procedure Code—were amended by a single piece of legislation—Act No. 40/2024 Coll., amending and supplementing Act No. 300/2005 Coll. the Criminal Code, as amended, and amending and supplementing certain laws (hereinafter also referred to as “Act No. 40/2024 Coll.”).

The bill was debated in the legislative body under an expedited legislative procedure with the following results:

1. First reading – The bill was debated at the 6th session of the National Council of the Slovak Republic, Resolution No. 95 of January 26, 2024.
2. Result of this stage of the process: Record of the resolution/draft resolution of the committees
3. Second reading – The bill was debated at the 6th session of the National Council of the Slovak Republic on February 8, 2024
4. Process stage result: The bill proceeded to the third reading
5. Third reading - The bill was debated at the 6th session of the National Council of the Slovak Republic, Resolution No. 100 of February 8, 2024
6. Outcome of this stage: The bill proceeds to drafting
7. Drafting - The law was submitted to the Collection of Laws of the Slovak Republic on February 29, 2024

Subsequently, the approved law was published in the Collection of Laws of the Slovak Republic on March 11, 2024, under number 40/2024.

See legislative process:

https://www.nrsr.sk/web/Default.aspx?sid=zakony/zakon&MasterID=9577

Which legal regulations does the amendment concern?

Act No. 40/2024 Z. z. concerned many regulations, not just criminal codes:

1. Article I amended and supplemented the Criminal Code
2. Article II amended and supplemented the Criminal Procedure Code
3. Article III amended and supplemented Act No. 162/2015 Coll., the Administrative Procedure Code
4. in Article IV, it amended and supplemented Act No. 372/1990 Coll. on Misdemeanors
5. in Article V, it amended and supplemented Act No. 350/1996 Coll. on the Rules of Procedure of the National Council of the Slovak Republic
6. in Article VI, amended Act No. 385/2000 Coll. on Judges and Lay Judges and on the Amendment of Certain Acts
7. in Article VII, amended Act No. 153/2001 Coll. on the Public Prosecutor’s Office
8. in Article VIII, amended Act No. 154/2001 Coll. on Prosecutors and Legal Trainees of the Public Prosecutor’s Office
9. in Article IX, amended Act No. 550/2003 Coll. on Probation and Mediation Officers and on the Amendment of Certain Acts
10. in Article X, amended Act No. 576/2004 Coll. on Health Care, Services Related to the Provision of Health Care, and on Amendments to Certain Acts
11. in Article XI, amended Act No. 305/2005 Coll. on the Social and Legal Protection of Children and on Social Guardianship and on Amendments to Certain Acts
12. in Article XII, amended Act No. 297/2008 Coll. on the Prevention of Money Laundering and the Financing of Terrorism and on Amendments to Certain Acts
13. in Article XIII, amended Act No. 154/2010 Coll. on the European Arrest Warrant
14. In Article XIV, it amended Act No. 383/2011 Coll. on the Representation of the Slovak Republic in Eurojust
15. In Article XV, it amended Act No. 176/2015 Coll. on the Commissioner for Children and the Commissioner for Persons with Disabilities and on amendments to certain acts
16. in Article XVI, amended Act No. 343/2015 Coll. on Public Procurement and on the Amendment of Certain Acts
17. in Article XVII, amended Act No. 91/2016 Coll. on the Criminal Liability of Legal Entities and on the Amendment of Certain Acts
18. in Article XVIII, it amended and supplemented Act No. 432/2021 Coll. on the Disciplinary Rules of the Supreme Administrative Court of the Slovak Republic and on the amendment and supplementation of certain acts (Disciplinary Rules of Procedure)

What was the proposed original effective date of Act No. 40/2024 Coll., and what did it concern?

According to the approved text of the Act, Act No. 40/2024 Coll. was to take effect on March 15, 2024, with the exception of Article II, point 52; Article V, Article VI, Article VII, points 1 through 18 and 20, Article VIII, points 1 through 21, Article XII, Article XIV, Article XVI, and Article XVIII, which were to take effect on March 20, 2024.

It was clear from the approved text of the Act that:

1. the amendment to the Criminal Code was to take effect as of March 15, 2024 (all provisions of the amendment to the Criminal Code)
2. the amendment to the Criminal Procedure Code was to take effect as of March 15, 2024, except for point 52 (specifically point 52. In § 196(1), second sentence, the words “the Office of the Special Prosecutor, if it concerns the jurisdiction of the Specialized Criminal Court, and” are deleted), which was to take effect on March 20, 2024 (abolition of the Office of the Special Prosecutor).

See the approved text of the law:

https://www.nrsr.sk/web/Dynamic/DocumentPreview.aspx?DocID=540530

What did the Constitutional Court of the Slovak Republic decide?

As mentioned above, the approval of Act No. 40/2024 Z. z. sparked a wave of discontent in society, and the professional community also did not agree with it; the constitutionality of Act No. 40/2024 Z. z. with respect to the Constitution of the Slovak Republic and other regulations is therefore currently being reviewed by the Constitutional Court of the Slovak Republic.

As part of the decision-making process regarding the motions

1. of the President of the Slovak Republic to initiate proceedings pursuant to Article 125(1)(a) of the Constitution of the Slovak Republic
2. of a group of 36 members of the National Council of the Slovak Republic pursuant to Article 125(1)(a) of the Constitution of the Slovak Republic
3. a group of 39 members of the National Council of the Slovak Republic to initiate proceedings pursuant to Article 125(1)(a) of the Constitution of the Slovak Republic

on the conformity of the Act of February 8, amending Act No. 300/2005 Coll.

the Criminal Code, as amended, and amending and supplementing certain laws, with the Constitution of the Slovak Republic and other legal regulations, the Constitutional Court of the Slovak Republic adopted Resolution of the Constitutional Court of the Slovak Republic No. PL. ÚS 3/2024-112 of February 28, 2024, published in the Collection of Laws of the Slovak Republic under No. 41/2024 Coll. in a plenary session composed of President Ivan Fiačan and Justices Jana Baricová, Ladislav Duditš, Libor Duľa, Miroslav Duriš, Rastislav Kaššák, Miloš Maďar, Peter Molnár, Peter Straka (Presiding Judge), Ľuboš Szigeti, Robert Šorl, and Martin Vernarský, which ruled as follows:

1. accepts the motions for further proceedings in their entirety.
2. suspends the effectiveness of Article I, Article II, point 39, Article II, point 134 in the part concerning Section 567t(4), and Article XVII of the Act of February 8, 2024, amending Act No. 300/2005 Coll. The Criminal Code, as amended, and amending and supplementing certain laws, and 
3. does not grant the motion to suspend the effectiveness of the remaining provisions.

Reasoning of the Resolution of the Constitutional Court of the Slovak Republic

In short, regarding the amendments to the criminal codes, it has been decided so far that the Constitutional Court of the Slovak Republic has suspended all approved changes to the Criminal Code, the Act on Criminal Liability of Legal Entities, and only certain sections of the Criminal Procedure Code.

According to the Constitutional Court of the Slovak Republic, the reason for suspending the effectiveness of the changes to the Criminal Code is the potential threat to the fundamental rights and freedoms of victims, as well as of certain persons under prosecution. The Constitutional Court of the Slovak Republic pointed out that when assessing the grounds for suspending effectiveness, the (ir)reversibility of the consequences is an important criterion. “In the case at hand, failing to suspend the effectiveness and granting the motion on the merits would mean that three versions of criminal law would be in effect within a relatively short period of time,” the Constitutional Court of the Slovak Republic states in the reasoning for its decision.

Under the Criminal Code, the Constitutional Court of the Slovak Republic suspended the reduction of penalties for economic crimes, the shortening of statutes of limitations, and lower penalties for drug-related criminal activity. In addition, it also suspended certain provisions in the Criminal Procedure Code, specifically those intended to allow for the reopening of already concluded plea agreements with so-called “repentant offenders.” It also suspended provisions regarding the introduction of a procedural rule under which law enforcement authorities and the court may use evidence obtained unlawfully if it is used solely to the benefit of the accused. Another suspended provision concerns the extension of the deadline for filing an appeal to the detriment of the accused from six months to three years.

See the Resolution of the Constitutional Court of the Slovak Republic:

https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2024/41/20240311.html

Which amendments to the criminal codes have therefore taken effect?

It follows from the aforementioned Resolution of the Constitutional Court of the Slovak Republic that

1. the amendment to the Criminal Code pursuant to Act No. 40/2024 Coll. has been suspended in its entirety by the Resolution of the Constitutional Court of the Slovak Republic
2. the amendment to the Criminal Procedure Code entered into force on March 15, 2024

except for the following sections:

1. Article II, point 52
2. specifically:
3. "Point 52. In §196(1), second sentence, the words "the Office of the Special Prosecutor, if it concerns the jurisdiction of the Specialized Criminal Court, and" are deleted"), which entered into force on March 20, 2024, pursuant to the approved text of the bill
4. Article II, point 39
5. specifically: point 39. Section 119 is supplemented by paragraph 6, which reads: “(6) If evidence was obtained unlawfully and there is a reasonable presumption that it will be favorable to the accused, law enforcement authorities or the court may use it as evidence in criminal proceedings, but only to the benefit of the accused; this does not apply if the evidence was obtained through unlawful coercion or the threat of such coercion, which were used for the purpose of obtaining evidence in favor of the accused.”
6. and Article II, point 134, in the section concerning Section 567t(4) – “(4) The provision of Section 370(1) in the wording effective as of March 15, 2024, shall also apply to plea agreements approved prior to March 15, 2024.”

 

1. was suspended by a Resolution of the Constitutional Court of the Slovak Republic
2. the remaining points of Article II took effect on March 15, 2024. 

Which provisions of the Criminal Procedure Code took effect?

One of the most significant changes to the Criminal Procedure Code was the abolition of the Office of the Special Prosecutor, which was abolished by Act No. 40/2024 Coll. on March 20, 2024. However, prior to the entry into force of the amendment abolishing the Office of the Special Prosecutor, an earlier amendment to the Criminal Procedure Code took effect on March 15, 2024, which significantly affected several provisions of the Criminal Procedure Code.

Overview of changes to the Criminal Procedure Code that took effect on March 15, 2024:

1. Pursuant to Section 2(6), an obligation is introduced to prioritize and expedite the handling of criminal cases involving seized property, in addition to pretrial detention cases
2. Introduction of a legal definition of a suspect as well as the establishment of a suspect’s rights
3. Introduction of a definition of a cooperating person as well as legal provisions regarding their benefits
4. Amendment to the provision on the discontinuation of criminal proceedings against a cooperating defendant, which may only be discontinued by a judge for preliminary proceedings
5. The jurisdiction of the Specialized Criminal Court in property and economic crimes is amended such that it will be based on an amount of 7,000,000 euros
6. Mandatory defense counsel will be required in all proceedings involving a criminal offense for which the maximum sentence of imprisonment is at least 10 years, provided that the accused may waive the right to mandatory defense counsel after the first consultation with the defense counsel
7. The duration of pretrial detention under Section 76(8) is reduced from 5 months to 3 months
8. Detention of a person whose mental state requires placement in a medical facility
9. The ordering and execution of searches of other premises and land will follow the same procedure as the ordering of a house search
10. Changes to provisions concerning witness compensation
11. A judge for preliminary proceedings will decide on remedial measures
12. Change regarding the regulation of the temporary postponement of bringing charges
13. Introduction of the possibility to review not only the police officer’s conduct but also that of the prosecutor
14. Change regarding the discontinuation of criminal prosecution under Section 215(1)(a) to (c) of the Criminal Procedure Code
15. Formal decision by the court on the acceptance of an indictment in certain cases
16. Non-acceptance of a guilty plea by the defendant
17. The possibility for a single judge to conduct proceedings in a closed session
18. The possibility of rehearing a case that was decided in proceedings against a fugitive
19. Changes to appeals under Section 370(1) of the Criminal Procedure Code
20. Review of a decision due to a change in the law
21. Changes in enforcement proceedings
22. Changes in procedural safeguards for judges in criminal proceedings for the offense of perverting the course of justice

It will be interesting to see how the Constitutional Court of the Slovak Republic rules on the constitutionality of Act No. 40/2024 Coll. in relation to the Constitution of the Slovak Republic and other regulations, and what practical implications the amendments to the Criminal Code will have on judicial practice.