Information to the normative judgement of the Constitutional Court
(No. 44 - NP of 16 May 2024)
The Constitutional Court considered a citizen's appeal concerning the constitutionality of Article 72(8)(4) of the Criminal Code (parole does not apply to persons convicted of an offence against the sexual inviolability of minors).
In October 2016, the subject of the appeal was found guilty and sentenced to imprisonment for committing lewd acts against a known minor (Article 124(3) of the Code). His application for parole was rejected by the court on the basis of the above-mentioned provision of Article 72 of the Code.
According to the subject of the appeal, the current restriction contradicts Article 14 of the Constitution (inadmissibility of discrimination), as it puts him in an unequal position with other convicts serving a sentence for the same acts committed earlier before the introduction of amendments to Article 72 of the Criminal Code. They retained the right to parole under the 1997 Criminal Code (repealed in 2014).
The CC noted that the category of convicted persons mentioned by the subject of the appeal retained the right to parole on the basis of the constitutional rule of retroactive force of the law (subparagraph 5) of paragraph 3 of Article 77 of the Constitution and part three of Article 6 of the Code). Laws that increase liability, impose new obligations on citizens or worsen their situation are not retroactive.
With regard to the subject of the appeal itself, the CC indicated that he was convicted in October 2016, after the introduction of restrictions on the application of parole to those convicted of offences against the sexual inviolability of minors.
Thus, the CC did not discriminate against persons convicted after the enactment of Article 72(4)(8) of the Code.
On the basis of the above, the CC held that this provision of the Code was in conformity with the Constitution. At the same time, it recommended that the Government update the list of offences against the sexual inviolability of minors (Article 3(42) of the CC), which the legislator has established as grounds for non-application of parole. The list currently also includes offences against other objects of offence related to minors and the family.