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Among other things, the CC declared unconstitutional and a provision of the law, which established that if a person has been deprived of the right to drive three times, they can be returned not earlier than 10 years.
“This is no longer the first case of the Constitutional Court in which the Constitutional Court, in adopting a ruling, at the same time suggests that the system of punishments, sanctions and various sanctions in Lithuania is not balanced, is not balanced and is not coordinated “Dainius Žalimas, president of the CC, told reporters.
Photo by Julius Kalinskas / 15min / Dainius Žalimas
“Sometimes sanctions go beyond what is necessary to achieve a legitimate objective of the law,” he added.
Prior to this decision, a person who had been deprived of the right to drive vehicles twice for driving while intoxicated or under the influence of drugs could have regained that right no earlier than ten years later.
According to the CC president, a person who has been drunk or intoxicated twice before has been punished not only for administrative offenses or the Penal Code, but also for the Road Safety Law.
“This means that, in principle, he is subject to two penalties for the same violation of the law, which is clearly prohibited by the Constitution. This is a principle widely known since Roman law. non bis in idem, that the same violation of the law cannot be punished twice, “declared the president of the CC.
According to him, in principle, the legislator could impose driver’s license requirements related to a person’s behavior, but they must be “reasonable, proportionate and compatible with the system of penalties.”
“Perhaps these could be the terms of a person’s sentence established in the Penal Code, when a person is considered a convict for some time after serving the sentence,” said D. Žalimas.
He also argued that from now on, people who have been deprived of the right to drive by a court decision for up to five years and that period has expired can request a refund of the right to drive.
“That return is not unconditional only after the expiration of the term, but at the same time a person must meet certain conditions: he must undergo an educational certification, he must pass a driving test, complete the training, in which case he will not be subject at a term of 10 years, “said the president of CC. .
In retrospect, the decisions of the CC are not valid, but, according to D. Žalimas, this means that perhaps people whose rights are violated only due to the 10-year term could claim their rights in court, because that decision was adopted by the DC.
The CC examined this case at the request of the district courts of the city of Telšiai and Vilnius.
Drivers who have lost their rights before these courts have argued that the sanction granted is disproportionate and contrary to the provision of the Constitution that no one can be punished a second time for the same crime.
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