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On refusing to consider a petition

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION OF THE KAUNAS REGIONAL COURT, THE PETITIONER, REQUESTING AN INVESTIGATION INTO 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

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, considered the petition (No. 1B-29/2009) of the Kaunas Regional Court requesting an investigation into:

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, considered a criminal case. By its ruling, the said court postponed the consideration of the case and applied to the Constitutional Court with the petition requesting an investigation into:

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 an investigation into 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 a group of members of the Seimas of the Republic of Lithuania, the petitioner, requesting an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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 an investigation into 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, impugns 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, the Constitutional Court must refuse to consider the petition of the Kaunas Regional Court, the petitioner, requesting an investigation into 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 adopts the following

decision:

To refuse to consider the petition (No. 1B-29/2009) of the Kaunas Regional Court, the petitioner, requesting an investigation into:

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 pronounced 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