THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
                                
                            DECISION
     ON  THE  PETITION OF THE KAIŠIADORYS  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
     THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

                          16 June 2009
                             Vilnius

     The  Constitutional  Court  of the Republic  of   Lithuania,
composed  of  the Justices of the Constitutional  Court   Armanas
Abramavičius,   Toma  Birmontienė,  Pranas  Kuconis,     Kęstutis
Lapinskas, Zenonas Namavičius, Ramutė Ruškytė, Egidijus Šileikis,
Algirdas Taminskas and Romualdas Kęstutis Urbaitis, 
with the secretary of the sitting—Daiva Pitrėnaitė,
     at  a  procedural  sitting  of  the  Constitutional    Court
considered  the  petition  (No. 1B-30/2009) of  the   Kaišiadorys
District Local Court 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, 2, and 5  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.
The Constitutional Court 
                        has established:
                                
     The  Kaišiadorys District Local Court, the petitioner,   was
investigating a criminal case. By its ruling of 27 May 2009,  the
said court postponed the consideration of the case and applied to
the   Constitutional  Court  with  a  petition  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, 2, and 5 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.
The Constitutional Court
                           holds that:
                                
     1.  The  Kaišiadorys District Local Court, the   petitioner,
requests to investigate whether Paragraph 2 of Article 20 of  the
Criminal  Code is not in conflict with Article 29 and  Paragraphs
1, 2, and 5 of Article 31 of the Constitution as well as with the
constitutional principle of a state under the rule of law.
     2.  On 8 June 2009, in constitutional justice 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,
the Constitutional Court adopted the Ruling "On the compliance of
Paragraphs  1, 2 and 3 (wording of 26 September 2000) of  Article
20,  Paragraph  5  (wording of 5 July 2004) of  Article  20   and
Paragraph  4 (wording of 26 September 2000) of Article 43 of  the
Criminal Code of the Republic of Lithuania with the  Constitution
of the Republic of Lithuania".
     This ruling of the Constitutional Court was published in the
official gazette "Valstybės žinios" on 11 June 2009.
     3.  It needs to be held that that the received petition   of
the  Kaišiadorys District Local Court, the petitioner,   disputes
the  constitutionality  of the same provisions of  the   Criminal
Code,  the compliance of which with the Constitution has  already
been  investigated  and the ruling of the  Constitutional   Court
adopted on the said issue is in force.
     Under Item 3 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 compliance of   the
legal  act  with the Constitution specified in the petition   has
already  been  investigated by the Constitutional Court and   the
ruling on this issue adopted by the Constitutional Court is still
in force.
     4.  Taking  account of the arguments set forth, one  is   to
refuse to consider the petition of the Kaišiadorys 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, 2,
and  5  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.
     Conforming to Paragraphs 3 and 4 of Article 22, Article  28,
Item 3 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-30/2009) of  the
Kaišiadorys  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, 2, and 5 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.

     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
Toma Birmontienė
Pranas Kuconis
Kęstutis Lapinskas
Zenonas Namavičius
Ramutė Ruškytė
Egidijus Šileikis
Algirdas Taminskas
Romualdas Kęstutis Urbaitis