THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
DECISION
ON THE PETITION OF THE ŠILUTĖ DISTRICT LOCAL 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
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 sittingDaiva Pitrėnaitė,
at a procedural sitting of the Constitutional Court
considered the petition (No. 1B-32/2009) of the Šilutė District
Local 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 Šilutė District Local 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 Šilutė District Local 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 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 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 Šilutė 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 Šilutė District Local
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 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.
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-32/2009) of the
Šilutė District Local 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
Toma Birmontienė
Pranas Kuconis
Kęstutis Lapinskas
Zenonas Namavičius
Ramutė Ruškytė
Egidijus Šileikis
Algirdas Taminskas
Romualdas Kęstutis Urbaitis