Important decision
On 11 February 2026, the Full Court of the Constitutional Court issued a ruling under Pl. 5/25, the Constitutional Court rejected the proposal of a group of 24 senators to repeal Section 318a of the Criminal Code (the crime of unauthorised activity for foreign power). The Court admitted reservations about the legislative process, but at the same time concluded that the regulation can be interpreted constitutionally and the requirement of certainty of the criminal norm is met.
The senators challenged the provisions adopted under the so-called Lex Ukraine VII, arguing that it was an impermissible “add-on” and that the facts were vague and abusive. But the Constitutional Court said that although the legislative process “was not flawless”, it did not stray from the bounds of constitutionality. At the same time, the key point is that even more generally formulated criminal law norms can be gradually refined by judicial practice – as long as it is possible to define what acts can be punished (the principle of nullum crimen sine lege certa).
The rapporteur, Lucie Dolanská Bányaiová, stressed that Section 318a of the Criminal Code must not function as a “joker” against uncomfortable political views – the limit should be, among other things, special intent, actual interference by foreign power and the unjustifiability of the conduct. At the same time, the Constitutional Court highlighted the principle of “defending democracy”: if a democratic regime is targeted, the state must have the tools to counter it. The decision also has practical implications – according to the media, the provision has already been reflected in the investigation of a case from January 2026, where the police proceeded precisely under Article 318a of the Criminal Code for suspected activities in favour of a foreign state.
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