Case Explained: Slovakia compensates convicts after court overturns asset confiscation law – Legal Perspective

Slovakia’s Justice Ministry has begun compensating convicted criminals, including figures linked to organised crime, for assets confiscated under laws later ruled unconstitutional, lawyers and the ministry said.

The payments follow an October 2023 ruling by the Constitutional Court, which struck down parts of the Criminal Code that required automatic confiscation of property for certain crimes. The court said the rules failed to allow judges to tailor punishment to individual cases.

As a result, courts reopened a number of cases to reassess sentences, according to SME. While prison terms largely remained unchanged, confiscation orders were dropped under the amended law, opening the door to compensation claims for assets already seized and sold by the state. 

The Justice Ministry, led by Boris Susko of the ruling Smer party, has acknowledged claims in several cases. The Slovak daily reports at least four people have already received compensation, in full or in part. The ministry declined to say how many cases are involved or how much has been paid, saying it does not keep centralised statistics.

One case involved a woman convicted of membership in a criminal group whose family home was auctioned by the state. Her lawyer said the ministry compensated her only for the auction proceeds, which were far below the property’s appraised value. The remainder of the claim is now before the courts.

Among those considering claims is Juraj Ondrejčák, known as “Piťo”, a former organised crime boss. Nearly €900,000 was raised from the sale of his assets before courts later ruled confiscation should not have been imposed. His lawyer said compensation claims are being prepared.

Other reopened cases include that of tax fraud convict Ladislav Bašternák, whose luxury flat — once rented by Prime Minister Robert Fico — was sold by the state in 2022.

According to SME, further disputes are likely, including over whether the state should also reimburse costs such as administrators’ fees linked to managing and selling seized assets.