The Specialized Criminal Court, based in Banská Bystrica, has rejected the indictment against former Special Prosecutor Dušan Kováčik. In a resolution issued on May 19, 2026, the court determined that the case must be returned to the prosecutor due to significant procedural errors.
According to court officials, these errors involve violations of the defendant’s right to a fair trial and the right to defense. The court found that the prosecution failed to present a complete case file, including all evidence secured during the preparatory proceedings and concluded that the indictment did not meet the necessary requirements under the Code of Criminal Procedure.
The charges against Dušan Kováčik include the establishment, orchestration, and support of a criminal group, bribery, abuse of public office, and the endangering of confidential and classified information.
Legal Path Forward
The prosecutor from the General Prosecutor’s Office of the Slovak Republic has filed a complaint against the court’s recent resolution. The Supreme Court of the Slovak Republic is now tasked with deciding on this complaint. This development follows a complex legal history, including a 2024 intervention by the Minister of Justice, Boris Susko, who filed a motion for extraordinary appeal and suspended the execution of the sentence pending a final decision.
In December 2025, the Supreme Court ruled on that appeal, overturning previous verdicts from 2022 and 2021 and ordering the Specialized Criminal Court to decide the matter anew. The Supreme Court has maintained that its decision on the extraordinary appeal was a procedural step and did not constitute an evaluation of guilt or innocence.
Frequently Asked Questions
Why was the indictment against Dušan Kováčik rejected?
The court found serious procedural errors, specifically noting that the prosecutor failed to submit a complete file containing all evidence from the preparatory stage, which violated the defendant’s right to a fair trial and defense.
What is the next step in this legal proceeding?
A prosecutor from the General Prosecutor’s Office has filed a complaint against the court’s rejection of the indictment, which will now be reviewed by the Supreme Court of the Slovak Republic.
Has this case been reviewed by international bodies?
Yes, an earlier complaint filed by Kováčik in Strasbourg was rejected, with the body noting that he had already been unsuccessful with the same objection at the Constitutional Court.
How do you view the balance between procedural requirements and the pursuit of finality in long-standing criminal cases?