Politicians urge stronger child protection after court parole ruling

Lithuanian politicians are calling for stronger child protection after the Constitutional Court ruled that people convicted of sexual offences against minors may seek parole, LRT reported. The General Prosecutor’s Office has proposed tightening parole conditions for some of those offenders, while lawmakers say tougher sentences alone are not enough.

On June 11, the Constitutional Court ruled that a provision of the Code of Execution of Sentences banning parole for people convicted of crimes against a minor’s sexual self-determination or inviolability was incompatible with the constitutional principle of the rule of law.

The court said the absolute ban prevented authorities from assessing each offender’s circumstances individually. It also denied them access to probation measures intended to reduce the risk of reoffending.

The ruling followed an individual complaint by Remigijus Jakštys, a former youth mentor who served a prison sentence for the sexual exploitation of teenagers. His lawyer said the decision meant that all people convicted of sexual offences against children would be able to seek parole.

Prosecutors propose tighter conditions

The General Prosecutor’s Office said it had approached the Ministry of Justice in July with proposals to amend the Code of Execution of Sentences so that less stringent parole conditions would not apply to some people convicted of sexual offences against minors.

At present, less stringent parole conditions do not apply to people convicted of serious and very serious crimes. However, the exception does not cover some people convicted of moderately serious sexual offences against minors.

The prosecutors proposed adding people convicted of moderately serious crimes against a minor’s sexual self-determination and inviolability to the exception.

“The proposed amendment to the Code of Execution of Sentences would contribute to more effective protection of minors by preventing a higher-risk category of offenders from using less stringent parole conditions,” the General Prosecutor’s Office told ELTA.

The Ministry of Justice is currently assessing the proposal. It will be considered together with amendments proposed by the Lithuanian Prison Service.

Parole should be assessed individually

Vitalijus Gailius, a Liberal member of the Seimas Committee on Legal Affairs and Law Enforcement, stressed that the Constitutional Court’s ruling did not mean offenders would be released automatically. Each case, he said, should be assessed individually and with reasons provided.

“The Constitutional Court stated that each situation must be decided individually. Each situation must be assessed with reasons and individually,” Gailius told ELTA.

He said the system must make it possible to determine whether an offender had genuinely changed. If there were doubts about a release, a court could additionally review the final decision, he said.

Agnė Širinskienė, a member of the same committee, said that tougher sentences alone were not the main measure capable of preventing sexual offences.

She said an effective system also required social integration, psychological assistance, supervision of offenders and preparation for their return to society. Sentences alone, particularly for offences that are latent and difficult to uncover, would not provide sufficient protection, she said.