Dentons, working pro bono, has successfully obtained a favorable ruling from the Constitutional Court of the Slovak Republic on behalf of Jozef Andrej, who had been previously convicted of the manslaughter of his severely disabled son. The decision of the Constitutional Court sends his case back to the SlovakSupreme Court.
According to Dentons, Andrej “diligently cared for his handicapped son Dominik, who was diagnosed with severe cerebral palsy and in need of 24-hour-a-day care for more than 20 years. Dominik died in September of 2015 in his parents' apartment, when he suddenly stopped breathing and showed signs of a comatose state. [Andrej] immediately began resuscitating his son, but he could not revive him. According to the indictment, the cause of death was asphyxiation after disconnection of the breathing apparatus. According to the court, the intention to kill was not proven, as the defense was able to demonstrate the disconnection and reconnection of the device in the attempt to resuscitate. However, the courts saw negligent fault for [Andrej's[ failure to call for an ambulance immediately.”
According to Dentons, “the charge carried a minimum sentence of 20 years and a possible sentence of life imprisonment. [Andrej] was acquitted of the murder charge, and the charge was reduced to negligence causing death. The first instance court and by the appeal court sentenced the defendant to time served. [Andrej] did not accept the verdict, so he appealed to the Supreme Court, which refused this appeal in November of 2019.”
Dentons’ team included Managing Partner Peter Kubina and Paralegal Nina Drgalova.