Marian Kočner in a courtroom. (source: SME - Jozef Jakubčo)
The infamous Slovak businessman Marian Kočner, currently serving a 19-year sentence for forging TV Markíza promissory notes, could see his time behind bars significantly reduced. Now six and a half years into his sentence, Kočner is not due for release until 2037. However, a forthcoming decision from the European Court of Justice (ECJ) could drastically alter his fate, reports the daily Sme.
Slovakia’s revised Penal Code, effective from August 2024, lowers the maximum penalty for offences such as forgery from 20 years to a range of 5 to 12 years. Kočner’s legal team argues that this new legislation should be applied retroactively to his case, potentially slashing his prison term. While transitional provisions initially excluded such reinterpretations, his lawyers, Michal Mandzák and Martin Pohovej, are relying on a reinterpretation of EU law that prioritises leniency in criminal sentencing.
The ECJ is currently deliberating on the principle of lex mitior—the application of the more favourable law—which Kočner’s defence has framed as central to their argument. A hearing in Luxembourg this September, initiated by Kočner’s lawyers, marked a step forward, but any decision is expected to involve further legal battles.
