The Criminal Code contains new provisions relating to the offense of violation of the European Union’s restrictive measure (EU). The amendment to the Criminal Code, which entered into force on Friday, brings changes. Our legislation has taken over the European Directive, which lays down minimum rules on the definition of crimes and sanctions for violating the Union’s restrictive measures.
This is a transposition of Directive’s European Parliament and the EU Council on the definition of crimes and sanctions for violating the restrictive measures of the Union. It is intended to ensure the integrity of the internal market in the Union, as well as the protection of the values of the Union.
“In the conditions of the Slovak Republic, it is currently not possible to penalize the violation of the restrictive measures of the Union by the standards of criminal law under the current effective legislation,” explained the Ministry of Justice (MS) of the Slovak Republic in the submission of a proposal. The resort considered it necessary to extend the scope of the criminal law for such action.
The resort also argued the need for the introduction of the concept of gross negligence in relation to the offender’s fault, the creation of a special adjustment of the upper limit of a financial penalty that can be imposed on a legal person in the event of such a violation, as well as ensuring the protection of persons reporting those infringements. “Last but not least, it is necessary to set coexistence of administrative and law liability in case of a violation of restrictive measure,“Added the MS.
