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Lithuania's Constitutional Case on Thursday accepted the first individual constitutional complaint after a person sentenced to prison used the possibility, created in September, to directly turn to the court.
Historic case: Constitutional Court accepts first individual complaint
© AFP/Scanpix

The person claims that the existing Penal Code's ban to postpone the execution of the sentence for very serious crimes restricts a court's right to issue an individualized sentence.

"The request (…) meets (…) the requirements defined in the Law on the Constitution court, therefore, is accepted for hearing by the Constitutional Court," the court said in its ruling on Thursday.

But the court rejected the applicant's request to postpone the execution of the punishment until the case is heard.

The applicant's identity is not disclosed but it can be seen from the case materials that Klaipeda Regional Court sentenced the person for crimes related to the possession of drugs and smuggling.

The Seimas of Lithuania adopted the law on individual constitutional complaints in March and it came into force in September.

Under the new law, any person who has exhausted all other available legal remedies will be able to directly turn to the Constitutional Court over the constitutionality of a piece of legislation adopted by the Seimas, government and president, if he or she believes that a decision based on that legislation has violated his or her constitutional rights or freedoms.

BNS
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