RRI Live!

Listen to Radio Romania International Live

Constitutional Court dismisses changes in criminal legislation

The draft Criminal Code and Code of Criminal Procedure have been sent back to Parliament

Constitutional Court dismisses changes in criminal legislation
Constitutional Court dismisses changes in criminal legislation

, 30.07.2019, 12:25

The changes operated by Parliament on the Criminal Code and the Code of Criminal Procedure come against the Constitution, the judges of the Constitutional Court decided unanimously on Monday. The reason put forth by the Court was that Parliament did not comply with its obligation to bring these changes in line with previous Constitutional Court rulings. The Constitutional Court had postponed a ruling in this respect 7 times, before reaching Mondays decision.



The changes in question include, among others, a considerable reduction of prescription periods for offences posing high social threats, concurrently with a reduction of special prescription periods to a half. Also halved were the penalties for embezzlement and abuse of office, if offenders cover the damages before a final ruling is passed. Criminal negligence was also decriminalised under the proposed legislation.



As for the Code of Criminal Procedure, changes concerned, among others, the intelligence obtained under national security warrants, which was to no longer be used by courts of general jurisdiction even in corruption, rape or murder cases. Other changes were intended to forbid prosecutors from collecting evidence in a search, if the evidence concerns another offence than the one for which the search warrant has been issued, and to invalidate reports to the authorities against an offender, if the offence is older than one year.



It was President Klaus Iohannis and the Save Romania Union and National Liberal Party in opposition that challenged these changes at the Constitutional Court. They argued that through the bills passed by the parliamentary majority made up of the Social Democratic Party and the Alliance of Liberals and Democrats, more than 300 damaging changes are operated on the Romanian criminal legislation.



Klaus Iohannis welcomed the Courts decision, and urged Parliament to dismiss all the attempted changes of the criminal law and to cancel the changes already operated on the justice laws. In turn, the Liberal Party president Ludovic Orban asks Parliament to reject the new criminal codes as a whole, and if necessary to operate any subsequent adjustments through a new bill, following public consultation and debate. Along the same lines, Save Romania Union requests that police chiefs be appointed based on their merits.



Meanwhile, the leaders of the ruling coalition announced they were working on an emergency government order to improve the legislative framework. The Social Democratic Party and the Alliance of Liberals and Democrats decided to call a special parliamentary session, and PM Viorica Dancila promised that her Cabinet will waste no time.



The Constitutional Court ruling against the modified criminal laws was also covered in international media. Reuters reports that since taking power in 2016, the Social Democratic government has operated a number of legislative and staff changes seen as threats to the independence of the judiciary and causing concern in the European Union, the US State Department, and among thousands of Romanian magistrates, whereas the Venice Commission requested the annulment of these changes.


(translated by: Ana-Maria Popescu)

Călin Georgescu / Photo: Agerpres
Today in the News Wednesday, 17 September 2025

Romania and the hybrid war

In 2024, when Romania held four types of elections, including presidential, the country was the target of disinformation and hybrid war campaigns,...

Romania and the hybrid war
Premierul Ilie Bolojan / Foto: gov.ro
Today in the News Wednesday, 17 September 2025

The budget deficit remains significantly high

Romania cannot end this year with a budget deficit below 8% because many of the measures taken by the government will only apply as of January 1 and...

The budget deficit remains significantly high
photo: www.senat.ro
Today in the News Tuesday, 16 September 2025

Motions and protests in Bucharest

The Bucharest Senate rejected, on Monday, the simple motion filed by the populist party AUR against the Minister of Education, Daniel David. This...

Motions and protests in Bucharest
Primirea delegaţiei OCDE (sursă foto: presidency.ro)
Today in the News Tuesday, 16 September 2025

Romania, closer to the OECD

“For Romania, joining the OECD is a strategic goal,” President Nicușor Dan said on Monday after meeting in Bucharest with Mathias...

Romania, closer to the OECD
Today in the News Monday, 15 September 2025

Drones and reactions

A Geran drone used by the Russian Federation in the attacks on Ukraine entered the Romanian airspace on Saturday, flying over the eastern part of the...

Drones and reactions
Today in the News Monday, 15 September 2025

Moody’s: good news, but…

  The US financial rating agency Moody’s has decided to keep Romania in the investment grade category (BAA3 rating), with a negative...

Moody’s: good news, but…
Today in the News Friday, 12 September 2025

Inflation rate to remain high

The annual inflation rate went up in August to 9.58%, according to the National Institute of Statistics. The rise is by more than 2% compared with...

Inflation rate to remain high
Today in the News Friday, 12 September 2025

Russian drones, a threat to European security

Increasingly unpredictable, the actions of the Russian invasion army against Ukraine have long become a danger for its neighbors. Romanians in Tulcea...

Russian drones, a threat to European security

Partners

Muzeul Național al Țăranului Român Muzeul Național al Țăranului Român
Liga Studentilor Romani din Strainatate - LSRS Liga Studentilor Romani din Strainatate - LSRS
Modernism | The Leading Romanian Art Magazine Online Modernism | The Leading Romanian Art Magazine Online
Institului European din România Institului European din România
Institutul Francez din România – Bucureşti Institutul Francez din România – Bucureşti
Muzeul Național de Artă al României Muzeul Național de Artă al României
Le petit Journal Le petit Journal
Radio Prague International Radio Prague International
Muzeul Național de Istorie a României Muzeul Național de Istorie a României
ARCUB ARCUB
Radio Canada International Radio Canada International
Muzeul Național al Satului „Dimitrie Gusti” Muzeul Național al Satului „Dimitrie Gusti”
SWI swissinfo.ch SWI swissinfo.ch
UBB Radio ONLINE UBB Radio ONLINE
Strona główna - English Section - polskieradio.pl Strona główna - English Section - polskieradio.pl
creart - Centrul de Creație Artă și Tradiție al Municipiului Bucuresti creart - Centrul de Creație Artă și Tradiție al Municipiului Bucuresti
italradio italradio
Institutul Confucius Institutul Confucius
BUCPRESS - știri din Cernăuți BUCPRESS - știri din Cernăuți

Affiliates

Euranet Plus Euranet Plus
AIB | the trade association for international broadcasters AIB | the trade association for international broadcasters
Digital Radio Mondiale Digital Radio Mondiale
News and current affairs from Germany and around the world News and current affairs from Germany and around the world
Comunità radiotelevisiva italofona Comunità radiotelevisiva italofona

Providers

RADIOCOM RADIOCOM
Zeno Media - The Everything Audio Company Zeno Media - The Everything Audio Company