Lt

On refusing to consider a petition

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION OF THE ŠILUTĖ DISTRICT LOCAL 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

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

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, considered the petition (No. 1B-32/2009) of the Šilutė District Local 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 Šilutė District Local 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 Šilutė District Local 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 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, impugns 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, the Constitutional Court must 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 adopts the following

decision:

To refuse to consider the petition (No. 1B-32/2009) of the Šilutė District Local 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
                                                                      Toma Birmontienė
                                                                      Pranas Kuconis
                                                                      Kęstutis Lapinskas
                                                                      Zenonas Namavičius
                                                                      Ramutė Ruškytė
                                                                      Egidijus Šileikis
                                                                      Algirdas Taminskas
                                                                      Romualdas Kęstutis Urbaitis