Six Months Later: Fico’s Law Frees 1,324 Criminals—Corruption Cases Collapse, Elites Untouchable

Source: SITA

Slovakia’s SMER-SD-led government, under Prime Minister Robert Fico, has passed a criminal law reform that weakens anti-corruption protections and shields political elites from prosecution. In just six months, the reform has allowed 1,324 convicted or accused criminals—including top government-linked figures—to evade justice. Among them, 446 convicts have been freed, hundreds of corruption cases have been dismissed, and investigations into financial crimes have plummeted by up to 60%.

The law raises the damage threshold for economic crimes, making fraud and bribery involving up to €700,000 a mere misdemeanour, while also shortening statutes of limitations and restricting police surveillance. Among those who stand to benefit is Juraj Gedra, head of the Slovak Government Office, accused of signing an €8 million fraudulent contract. Even more controversially, David Lindtner, a former judge and current advisor to Fico, co-wrote the law while facing trial for judicial corruption. Another key contributor was Pavol Gašpar, a Justice Ministry official, whose father, Tibor Gašpar, a SMER-SD insider, is on trial for running a criminal network within the police. The reform ensures both men receive lighter sentences if convicted.

The move follows the government’s recent abolition of Slovakia’s Special Prosecutor’s Office, which had been investigating high-level graft. Critics warn that Fico’s government is systematically dismantling anti-corruption safeguards, cementing state capture and impunity for political elites.

Erosion of Anti-Corruption Protections

According to an analysis by the Stop Corruption Foundation, the legislative changes, enacted six months ago, have already benefited 1,324 individuals charged or convicted of financial and economic crimes. Among these, 446 convicted offenders were released, while 104 cases were dropped due to statute of limitations expirations. Additionally, 190 individuals were cleared of charges because their acts no longer constitute criminal offences under the new law. Another 584 cases were downgraded to administrative or disciplinary proceedings.

The reform has also significantly reduced the number of investigations into corruption, tax fraud, and other financial crimes—by as much as 60% in some cases. This decline is exacerbated by the Justice Ministry’s decision to withhold data on these cases just before the law took effect. Critics argue this lack of transparency further weakens Slovakia’s ability to combat corruption effectively.

Systemic Weakening of Financial Crime Enforcement

The reform, pushed through by Prime Minister Robert Fico’s SMER-SD government in a fast-track legislative process, introduced fundamental changes to Slovakia’s criminal justice system. These include:

Higher damage thresholds for crimes – Many economic offences, including fraud, bribery, and public procurement violations, now require significantly higher financial damages to qualify as crimes, meaning many cases are downgraded to misdemeanours.

Lower sentences for property and economic crimes – Courts now have limited discretion to impose long-term prison sentences for financial offences.

Shorter statutes of limitations – Many financial crimes now have shorter windows for prosecution, increasing the likelihood that perpetrators escape accountability.

Reduced investigative powers – Law enforcement agencies are now restricted in using surveillance techniques like wiretapping and camera surveillance in cases where crimes are reclassified as misdemeanours.

Expansion of conditional sentencing – Judges are now encouraged to impose non-custodial sentences, including house arrest, for crimes previously subject to imprisonment.

These changes significantly alter how Slovakia prosecutes corruption and financial crimes. Notably, under the new rules, corruption-related offences causing damages up to €700,000 are treated as misdemeanours, restricting authorities’ ability to conduct thorough investigations. The reforms also prevent courts from imposing prison terms exceeding ten years for most financial crimes, even when large-scale fraud is involved.

High-Profile Beneficiaries: Who Stands to Gain?

Among the key figures benefiting from the reform is Juraj Gedra, head of Slovakia’s Government Office and an ally of SMER-SD. Gedra is under investigation for signing an €8 million contract with lawyer Renát Dvorecký while serving on the board of the state-owned MH Manažment. The Stop Corruption Foundation reports that while Gedra cannot request a special legal review under Section 363, the new law significantly reduces penalties for his alleged offence—mismanagement of public assets. This is the only economic crime for which the government lowered the maximum sentence below ten years, a move critics say could shield government officials from accountability.

Further scrutiny has also emerged over the authors of the reform, who are directly tied to SMER-SD and Prime Minister Robert Fico’s inner circle. Investigations by SME have revealed that one of the key drafters was David Lindtner, a lawyer currently on trial in the Víchrica (Whirlwind) corruption case, an operation targeting high-level judicial corruption. Lindtner, a former judge and now a senior advisor to Prime Minister Fico and Justice Minister Boris Susko, has been accused of facilitating widespread judicial corruption. The new law reduces penalties for his alleged crimes, meaning he faces a less severe sentence if convicted.

Similarly, Pavol Gašpar, a state secretary at the Justice Ministry and a close ally of SMER-SD, also played a role in drafting the legislation. His father, Tibor Gašpar, former Police Corps president and a long-time SMER-SD insider, is on trial in the Očistec (Purge) case, one of Slovakia’s largest police corruption scandals. The case alleges that Gašpar was part of a criminal network within law enforcement, using his position to protect corrupt elites and suppress investigations.

A History of Corruption: The Whirlwind, Storm, and Purge Cases

The Víchrica (Whirlwind) case, in which Lindtner is implicated, is an extension of the earlier Búrka (Storm) operation, both of which exposed deep-seated corruption within the judiciary. The Búrka (Storm) scandal, uncovered in March 2020, revealed that judges, lawyers, and business figures manipulated court decisions in exchange for bribes. Lindtner, a former judge, was linked to these networks, allegedly influencing verdicts on behalf of powerful business figures, including oligarch Marian Kočner, who was implicated in the murder of journalist Ján Kuciak.

Similarly, the Očistec (Purge) case targeted corruption within Slovakia’s police force. The investigation found that a criminal group within law enforcement, led by Tibor Gašpar and oligarch Norbert Bödör, systematically shielded corrupt officials and suppressed investigations. The network reportedly manipulated cases, leaked police data, and sold investigative information to protect allies and target political opponents.

Tibor Gašpar remains a key figure in Slovakia’s political landscape as the Vice-Chairman of the National Council and a senior SMER-SD figure. Beyond his legal troubles, he has drawn widespread condemnation for his anti-EU rhetoric, suggesting that Slovakia should consider leaving the European Union and NATO. His close ties to Russia and past role in dismantling anti-corruption safeguards have further fueled concerns that the new legal changes serve to protect political elites like him.

Favouring White-Collar Criminals Over Public Interest

Critics argue that the reform prioritises leniency towards financial criminals at the expense of the public interest. While ordinary citizens face higher taxes and economic hardship, the law effectively grants greater protections to tax evaders and corrupt officials. The reforms also weaken protections for victims of financial crimes, as cases may be dismissed before investigators even identify the perpetrators.

The changes are particularly controversial as they come on the heels of the government’s abolition of the Special Prosecutor’s Office, which had been responsible for prosecuting high-profile corruption cases. With weakened financial crime laws, reduced investigative powers, and the removal of independent prosecutors, critics warn that Slovakia is undergoing a systematic dismantling of its anti-corruption framework. The cumulative effect of these reforms cements state capture, ensuring that political elites and their associates remain beyond the reach of justice.