Constitutional Court allowed paedophiles to seek early release: politicians demand stronger child protection
The Constitutional Court recognised that an absolute ban on early release of those convicted of sexual offences against children contradicts the Constitution. Politicians and prosecutors respond by proposing stricter conditions for conditional release.
Constitutional Court changed the rules: politicians rush to strengthen child protection
The Constitutional Court (CC) on 11 June recognised that the provision of the Criminal Execution Code (CEC) that completely prohibited those convicted of sexual offences against minors from seeking conditional early release contradicts the rule of law principle enshrined in the Constitution. As reported by LRT, the ruling sparked a broader political discussion on strengthening child protection.
The Court established that an absolute ban eliminates the possibility of individually assessing each convict's situation and prevented the application of probation measures aimed at reducing the risk of repeat offences. The CC ruling was issued after examining an individual complaint from former youth mentor Remigijus Jakšys – he was imprisoned for the sexual exploitation of adolescents. Jakšys' lawyer argued that after this ruling, all persons convicted of sexual offences against children would be able to seek conditional early release.
Prosecutor's Office proposes closing legal loopholes
The General Prosecutor's Office already applied to the Ministry of Justice in July and proposed amendments to the CEC. The aim is to ensure that easier conditions for conditional early release are not applied to some of those convicted of sexual offences against minors.
Currently, easier conditions do not apply to those convicted of very serious and serious offences, but the exception does not include some individuals convicted of moderately serious sexual offences against minors. The Prosecutor's Office proposes including in these exceptions those convicted of moderately serious offences against a minor's sexual self-determination and inviolability.
"The proposed amendments to the CEC would contribute to more effective protection of minors, as it would prevent a more dangerous category of convicts from benefiting from easier conditional early release conditions," the General Prosecutor's Office told Elta.
The Ministry of Justice is currently reviewing the proposal. It will be considered together with proposals from the Lithuanian Prison Service on amendments to the CEC.
Members of parliament: ruling does not mean automatic release
Liberal Vitalijus Gailius, a member of the Seimas Justice and Rule of Law Committee (TTK), emphasises that the CC ruling does not grant convicts automatic release rights. "The CC said that each situation should be decided individually. Each situation is assessed in a well-reasoned, individual manner," Gailius told Elta.
The politician makes no secret of his scepticism about the practical possibilities of release: "I cannot imagine a person sitting on a committee, seeing a paedophile convicted five times who has served part of his sentence, thinking that he has reformed." According to him, in doubtful cases, the court may additionally review the final decision.
"Punishment is not a panacea"
Agnė Širinskienė, a member of the Seimas TTK and a democrat, argues that toughening penalties alone does not address the underlying problem. "In the prevention system, in the prevention of offences or recidivism prevention system, the severity of punishment is not essential," the politician told Elta.
In her assessment, an effective system requires social integration, psychological assistance, supervision of convicts and preparation for return to society. "Punishment alone, especially for such offences which are of a latent nature, which are quite difficult to uncover – it is not a panacea and it will certainly not provide protection," Širinskienė said.
Conservative Agnė Bilotaitė also emphasised the importance of the inevitability of punishment: "The first thing is inevitability. The second thing is all prevention so that this does not happen." She also drew attention to the importance of child education – according to her, children should be better informed about personal boundaries, sexual violence and reporting options.
Appeal to believe victims and strengthen protection safeguards
Gailius drew attention to one of the biggest problems – years-long silence about sexual offences. "Criminal law comes into play when we have already learned about the crime. (...) Let us start believing victims," said the politician.
According to him, victims of sexual violence must be given the opportunity to report the violence they have experienced, and their testimony must be believed. Speaking about the recent possible case of priestly paedophilia, when crimes could have been committed for several decades, Gailius said: "Until then, 23 years of silence. Here is the great problem – impunity."
Bilotaitė calls for legal solutions that would prevent those who have committed sexual offences from being near their victims. She drew attention to cases where convicts could return to homes where their victim lives. "We must truly act properly, seek solutions so that such situations do not occur," said the politician.
According to members of the Seimas TTK, the state must take all necessary measures to protect the most vulnerable members of society.
Source: LRT