THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
DECISION
ON THE PETITION OF THE KAUNAS REGIONAL COURT, THE
PETITIONER, REQUESTING TO INVESTIGATE WHETHER
PARAGRAPHS 1, 2 AND 3 (WORDING OF 26 SEPTEMBER 2000)
OF ARTICLE 20 AND PARAGRAPH 5 (WORDING OF 5 JULY 2004)
OF ARTICLE 20 OF THE CRIMINAL CODE OF THE REPUBLIC OF
LITHUANIA ARE NOT IN CONFLICT WITH THE CONSTITUTION OF
THE REPUBLIC OF LITHUANIA
4 June 2009
Vilnius
The Constitutional Court of the Republic of Lithuania,
composed of the Justices of the Constitutional Court Armanas
Abramavičius, Pranas Kuconis, Kęstutis Lapinskas, Zenonas
Namavičius, Egidijus Šileikis, Algirdas Taminskas and Romualdas
Kęstutis Urbaitis,
with the secretary of the sittingDaiva Pitrėnaitė,
at a procedural sitting of the Constitutional Court
considered the petition (No. 1B-29/2009) of the Kaunas Regional
Court requesting to investigate:
- whether Paragraphs 1, 2 and 3 (wording of 26 September
2000) of Article 20 of the Criminal Code of the Republic of
Lithuania are not in conflict with Paragraph 1 of Article 29 and
Paragraphs 1, 2, and 4 of Article 31 of the Constitution of the
Republic of Lithuania as well as with the constitutional
principle of a state under the rule of law;
- whether Paragraph 5 (wording of 5 July 2004) of Article 20
of the Criminal Code of the Republic of Lithuania is not in
conflict with Paragraphs 1 and 2 of Article 23, Paragraph 1 of
Article 29, Paragraphs 1, 2 and 4 of Article 31, and Paragraphs
1, 2, and 3 of Article 46 of the Constitution of the Republic of
Lithuania, as well as with the constitutional principle of a
state under the rule of law.
The Constitutional Court
has established:
The Kaunas Regional Court, the petitioner, was investigating
a criminal case. By its ruling, the said court postponed the
consideration of the case and applied to the Constitutional Court
with a petition requesting to investigate:
- whether Paragraphs 1, 2 and 3 (wording of 26 September
2000) of Article 20 of the Criminal Code are not in conflict with
Paragraph 1 of Article 29 and Paragraphs 1, 2, and 4 of Article
31 of the Constitution as well as with the constitutional
principle of a state under the rule of law;
- whether Paragraph 5 (wording of 5 July 2004) of Article 20
of the Criminal Code is not in conflict with Paragraphs 1 and 2
of Article 23, Paragraph 1 of Article 29, Paragraphs 1, 2 and 4
of Article 31, and Paragraphs 1, 2, and 3 of Article 46 of the
Constitution, as well as with the constitutional principle of a
state under the rule of law.
The Constitutional Court
holds that:
1. The Kaunas Regional Court, the petitioner, requests to
investigate whether Paragraphs 1, 2 and 3 of Article 20 (wording
of 26 September 2000) of the Criminal Code are not in conflict
with Paragraph 1 of Article 29 and Paragraphs 1, 2, and 4 of
Article 31 of the Constitution as well as with the constitutional
principle of a state under the rule of law, also, whether
Paragraph 5 (wording of 5 July 2004) of Article 20 of the same
code is not in conflict with Paragraphs 1 and 2 of Article 23,
Paragraph 1 of Article 29, Paragraphs 1, 2 and 4 of Article 31,
and Paragraphs 1, 2, and 3 of Article 46 of the Constitution, as
well as with the constitutional principle of a state under the
rule of law.
2. On 21 May 2009, the Constitutional Court began the
consideration of case No. 34/2008-36/2008-40/2008-1/2009-4/2009-
5/2009-6/2009-7/2009-9/2009-12/2009-13/2009-14/2009-17/2009-18/
2009-19/2009-20/2009-22/2009 subsequent to the following:
1) the petition of the group of Members of the Seimas of the
Republic of Lithuania, the petitioner, requesting to investigate
whether Paragraphs 1, 2 and 3 (wording of 26 September 2000) of
Article 20 of the Criminal Code of the Republic of Lithuania are
not in conflict with Paragraph 1 of Article 29, Paragraphs 1, 2
and 4 of Article 31 of the Constitution of the Republic of
Lithuania and with the constitutional principle of a state under
the rule of law, as well as whether Paragraph 5 (wording of 5
July 2004) of Article 20 of this code is not in conflict with
Paragraphs 1 and 2 of Article 23, Paragraph 1 of Article 29,
Paragraphs 1, 2 and 4 of Article 31 and Paragraphs 1, 2 and 3 of
Article 46 of the Constitution of the Republic of Lithuania, and
with the constitutional principle of a state under the rule of
law (petition No. 1B-37/2008);
2) the petition of the Court of Appeal of Lithuania, the
petitioner, requesting to investigate whether Paragraph 2 of
Article 20 of the Criminal Code of the Republic of Lithuania is
not in conflict with Article 29 and Paragraphs 1, 3 and 5 of
Article 31 of the Constitution of the Republic of Lithuania
(petition No. 1B-42/2008);
3) the petition of the Kaunas Regional Court, the
petitioner, requesting to investigate whether Paragraph 2 of
Article 20 of the Criminal Code of the Republic of Lithuania is
not in conflict with Paragraph 1 of Article 29 and Paragraphs 1,
3 and 5 of Article 31 of the Constitution of the Republic of
Lithuania (petition No. 1B-45/2008);
4) the petition of the Kaunas Regional Court, the
petitioner, requesting to investigate whether Paragraph 2 of
Article 20 of the Criminal Code of the Republic of Lithuania is
not in conflict with Paragraph 1 of Article 29 and Paragraphs 1,
3 and 5 of Article 31 of the Constitution of the Republic of
Lithuania (petition No. 1B-48/2008);
5) the petition of the Second Vilnius City Local Court, the
petitioner, requesting to investigate whether Paragraph 2 of
Article 20 of the Criminal Code of the Republic of Lithuania is
not in conflict with Paragraph 1 of Article 29 and Paragraphs 1,
3 and 5 of Article 31 of the Constitution of the Republic of
Lithuania (petition No. 1B-1/2009);
6) the petition of the Jonava District Local Court, the
petitioner, requesting to investigate whether Paragraph 2 of
Article 20 of the Criminal Code of the Republic of Lithuania is
not in conflict with Paragraph 1 of Article 29 and Paragraphs 1,
3 and 5 of Article 31 of the Constitution of the Republic of
Lithuania (petition No. 1B-3/2009);
7) the petition of the Vilnius Regional Court, the
petitioner, requesting to investigate whether Paragraph 2 of
Article 20 of the Criminal Code of the Republic of Lithuania is
not in conflict with Paragraph 1 of Article 29 and Paragraphs 1,
3 and 5 of Article 31 of the Constitution of the Republic of
Lithuania (petition No. 1B-4/2009);
8) the petition of the Kaunas Regional Court, the
petitioner, requesting to investigate whether Paragraph 2 of
Article 20 of the Criminal Code of the Republic of Lithuania is
not in conflict with Paragraph 1 of Article 29 and Paragraphs 1,
3 and 5 of Article 31 of the Constitution of the Republic of
Lithuania (petition No. 1B-5/2009);
9) the petition of the Klaipėda District Local Court, the
petitioner, requesting to investigate whether Paragraph 2 of
Article 20 of the Criminal Code of the Republic of Lithuania is
not in conflict with Paragraph 1 of Article 29 and Paragraphs 1,
3 and 5 of Article 31 of the Constitution of the Republic of
Lithuania (petition No. 1B-6/2009);
10) the petition of the Vilnius Regional Court, the
petitioner, requesting to investigate the following:
- whether Paragraphs 1, 2 and 3 of Article 20 of the
Criminal Code of the Republic of Lithuania are not in conflict
with Paragraph 1 of Article 29 and Paragraphs 1, 2, 4, 5 and 6 of
Article 31 of the Constitution of the Republic of Lithuania, and
with the constitutional principle of a state under the rule of
law,
- whether Paragraph 5 (wording of 5 July 2004) of Article 20
of the Criminal Code of the Republic of Lithuania is not in
conflict with Paragraph 1 of Article 29, Paragraphs 1, 2 and 4 of
Article 31, Paragraphs 1, 2 and 3 of Article 46 of the
Constitution of the Republic of Lithuania, and with the
constitutional principle of a state under the rule of law,
- whether Paragraph 4 of Article 43 of the Criminal Code of
the Republic of Lithuania is not in conflict with Paragraph 1 of
Article 29 and Paragraph 4 of Article 31 of the Constitution of
the Republic of Lithuania and with the constitutional principle
of a state under the rule of law (petition No. 1B-12/2009);
11) the petition of the Kaunas Regional Court, the
petitioner, requesting to investigate the following:
- whether Paragraphs 1, 2 and 3 of Article 20 of the
Criminal Code of the Republic of Lithuania are not in conflict
with Paragraph 1 of Article 29 and Paragraphs 1, 2 and 4 of
Article 31 of the Constitution of the Republic of Lithuania, and
with the constitutional principle of a state under the rule of
law;
- whether Paragraph 5 (wording of 5 July 2004) of Article 20
of the Criminal Code of the Republic of Lithuania is not in
conflict with Paragraphs 1 and 2 of Article 23, Paragraph 1 of
Article 29, Paragraphs 1, 2 and 4 of Article 31 and Paragraphs 1,
2 and 3 of Article 46 of the Constitution of the Republic of
Lithuania and with the constitutional principle of a state under
the rule of law (petition No. 1B-14/2009);
12) the petition of the Court of Appeal of Lithuania, the
petitioner, requesting to investigate whether Paragraph 2 of
Article 20 of the Criminal Code of the Republic of Lithuania is
not in conflict with Article 29 and Paragraphs 1 and 5 of Article
31 of the Constitution of the Republic of Lithuania (petition No.
1B-16/2009);
13) the petition of the Vilnius Regional Court, the
petitioner, requesting to investigate the following:
- whether Paragraphs 1, 2 and 3 of Article 20 of the
Criminal Code of the Republic of Lithuania are not in conflict
with Paragraph 1 of Article 29 and Paragraphs 1, 2, 4, 5 and 6 of
Article 31 of the Constitution of the Republic of Lithuania and
with the constitutional principle of a state under the rule of
law,
- whether Paragraph 5 (wording of 5 July 2004) of Article 20
of the Criminal Code of the Republic of Lithuania is not in
conflict with Paragraphs 1 and 2 of Article 23, Paragraph 1 of
Article 29, Paragraphs 1, 2 and 4 of Article 31 and Paragraphs 1,
2 and 3 of Article 46 of the Constitution of the Republic of
Lithuania and with the constitutional principle of a state under
the rule of law (petition No. 1B-18/2009);
14) the petition of the Second Vilnius City Local Court, the
petitioner, requesting to investigate whether Paragraph 2 of
Article 20 of the Criminal Code of the Republic of Lithuania is
not in conflict with Paragraph 1 of Article 29 and Paragraphs 1
and 5 of Article 31 of the Constitution of the Republic of
Lithuania (petition No. 1B-20/2009);
15) the petition of the Vilnius Regional Court, the
petitioner, requesting to investigate whether Paragraph 2 of
Article 20 of the Criminal Code of the Republic of Lithuania is
not in conflict with Article 29 and Paragraphs 1, 3 and 5 of
Article 31 of the Constitution of the Republic of Lithuania
(petition No. 1B-21/2009);
16) the petition of the Klaipėda Regional Court, the
petitioner, requesting to investigate whether Paragraph 2 of
Article 20 of the Criminal Code of the Republic of Lithuania is
not in conflict with Article 29 and Paragraphs 1, 3 and 5 of
Article 31 of the Constitution of the Republic of Lithuania
(petition No. 1B-23/2009);
17) the petition of the Pasvalys District Local Court, the
petitioner, requesting to investigate whether Paragraph 2 of
Article 20 of the Criminal Code of the Republic of Lithuania is
not in conflict with Article 29 and Paragraphs 1, 3 and 5 of
Article 31 of the Constitution of the Republic of Lithuania
(petition No. 1B-25/2009).
3. It needs to be held that the received petition of the
Kaunas Regional Court, the petitioner, disputes the compliance of
the same provisions of the Criminal Code with the Constitution,
regarding the constitutionality of which the consideration of the
case by the Constitutional Court has already begun.
Under Item 4 of Paragraph 1 of Article 69 of the Law on the
Constitutional Court, by a decision, the Constitutional Court
shall refuse to consider petitions to investigate the compliance
of a legal act with the Constitution, if the Constitutional Court
has already commenced the investigation of a case concerning the
same issue.
4. Taking account of the arguments set forth, one is to
refuse to consider the petition of the Kaunas Regional Court, the
petitioner, requesting to investigate whether Paragraphs 1, 2 and
3 (wording of 26 September 2000) of Article 20 of the Criminal
Code are not in conflict with Paragraph 1 of Article 29 and
Paragraphs 1, 2, and 4 of Article 31 of the Constitution as well
as with the constitutional principle of a state under the rule of
law, also, whether Paragraph 5 (wording of 5 July 2004) of
Article 20 the same code is not in conflict with Paragraphs 1 and
2 of Article 23, Paragraph 1 of Article 29, Paragraphs 1, 2 and 4
of Article 31, and Paragraphs 1, 2, and 3 of Article 46 of the
Constitution, as well as with the constitutional principle of a
state under the rule of law.
Conforming to Paragraphs 3 and 4 of Article 22, Article 28,
Item 4 of Paragraph 1 and Paragraph 2 of Article 69 of the Law on
the Constitutional Court of the Republic of Lithuania, the
Constitutional Court of the Republic of Lithuania has adopted the
following
decision:
To refuse to consider the petition (No. 1B-29/2009) of the
Kaunas Regional Court, the petitioner, requesting to investigate:
- whether Paragraphs 1, 2 and 3 (wording of 26 September
2000) of Article 20 of the Criminal Code of the Republic of
Lithuania are not in conflict with Paragraph 1 of Article 29 and
Paragraphs 1, 2, and 4 of Article 31 of the Constitution of the
Republic of Lithuania as well as with the constitutional
principle of a state under the rule of law;
- whether Paragraph 5 (wording of 5 July 2004) of Article 20
of the Criminal Code of the Republic of Lithuania is not in
conflict with Paragraphs 1 and 2 of Article 23, Paragraph 1 of
Article 29, Paragraphs 1, 2 and 4 of Article 31, and Paragraphs
1, 2, and 3 of Article 46 of the Constitution of the Republic of
Lithuania, as well as with the constitutional principle of a
state under the rule of law.
This decision of the Constitutional Court is final and not
subject to appeal.
The decision is promulgated in the name of the Republic of
Lithuania.
Justices of the Constitutional Court: Armanas Abramavičius
Pranas Kuconis
Kęstutis Lapinskas
Zenonas Namavičius
Egidijus Šileikis
Algirdas Taminskas
Romualdas Kęstutis Urbaitis