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On refusing to consider a petition

 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

 DECISION

ON THE PETITION OF THE COURT OF APPEAL OF LITHUANIA, THE PETITIONER, REQUESTING TO INVESTIGATE WHETHER ITEM 3 (WORDING OF 12 JUNE 2008) OF PARAGRAPH 2 OF ARTICLE 129 OF THE CRIMINAL CODE OF THE REPUBLIC OF LITHUANIA IS NOT IN CONFLICT WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

 30 May 2012

Vilnius

 

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court Egidijus Bieliūnas, Toma Birmontienė, Pranas Kuconis, Gediminas Mesonis, Egidijus Šileikis, Algirdas Taminskas, Romualdas Kęstutis Urbaitis, and Dainius Žalimas,

with the secretary—Sigutė Brusovienė,

in a procedural sitting of the Constitutional Court has considered the petition (No. 1B-14/2012) of the Court of Appeal of Lithuania, the petitioner, requesting to investigate whether Item 3 (wording of 12 June 2008) of Paragraph 2 of Article 129 of the Criminal Code of the Republic of Lithuania is not in conflict with Paragraph 1 of Article 29 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law.

The Constitutional Court

has established:

The Court of Appeal of Lithuania, the petitioner, was investigating a criminal case. By its decision, the court suspended the consideration of the case and applied to the Constitutional Court with a petition requesting to investigate whether Item 3 (wording of 12 June 2008) of Paragraph 2 of Article 129 of the Criminal Code is not in conflict with Paragraph 1 of Article 29 of the Constitution and the constitutional principle of a state under the rule of law.

 

The Constitutional Court

holds that:

  1. The Court of Appeal of Lithuania, the petitioner, requests investigation into whether Item 3 (wording of 12 June 2008) of Paragraph 2 of Article 129 of the Criminal Code is not in conflict with Paragraph 1 of Article 29 of the Constitution and the constitutional principle of a state under the rule of law.
  2. On 22 May 2012, the Constitutional Court began the consideration of case No. 36/2009-20/2010-4/2011-9/2011 under written procedure subsequent to:

1) the petitions of the Vilnius Regional Court, a petitioner, requesting to investigate whether:

– Item 3 (wording of 12 June 2008) of Paragraph 2 of Article 129 of the Criminal Code of the Republic of Lithuania is not in conflict with Paragraph 1 of Article 29 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petition No. 1B-47/2009);

– Item 3 of Paragraph 2 of Article 135 of the Criminal Code of the Republic of Lithuania is not in conflict with Paragraph 1 of Article 29 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petition No. 1B-8/2011);

2) the petitions of the Court of Appeal of Lithuania, a petitioner, requesting to investigate whether Item 3 of Paragraph 2 of Article 135 of the Criminal Code of the Republic of Lithuania is not in conflict with Paragraph 1 of Article 29 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petitions Nos. 1B-24/2010, 1B-3/2011).

  1. It needs to be held that in the received petition of the Court of Appeal of Lithuania one impugns the compliance, with the Constitution, of the same provision of the Criminal Code regarding the constitutionality of which a case has already been commenced by the Constitutional Court.

Under Item 4 of Paragraph 1 of Article 69 of the Law on the Constitutional Court, by its 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.

  1. Taking account of the arguments set forth, one is to refuse to consider the petition of the Court of Appeal of Lithuania, the petitioner, requesting investigation into whether Item 3 (wording of 12 June 2008) of Paragraph 2 of Article 129 of the Criminal Code is not in conflict with Paragraph 1 of Article 29 of the Constitution and 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 passed the following

decision:

To refuse to consider the petition (No. 1B-14/2012) of the Court of Appeal of Lithuania, the petitioner, requesting to investigate whether Item 3 (wording of 12 June 2008) of Paragraph 2 of Article 129 of the Criminal Code of the Republic of Lithuania is not in conflict with Paragraph 1 of Article 29 of the Constitution of the Republic of Lithuania and 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:                                       Egidijus Bieliūnas

                                                                                                           Toma Birmontienė

                                                                                                           Pranas Kuconis

                                                                                                           Gediminas Mesonis

                                                                                                           Egidijus Šileikis

                                                                                                           Algirdas Taminskas

                                                                                                           Romualdas Kęstutis Urbaitis

                                                                                                           Dainius Žalimas