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)

Foto: PIX1861 / pixabay.com
Today in the News Friday, 20 December 2024

Economic effects of political instability

The deadlock related to the establishment of a parliamentary majority to propose a prime minister and, therefore, the impossibility of forming a new...

Economic effects of political instability
foto: presidency.ro
Today in the News Friday, 20 December 2024

Conclusions of the Winter European Summit

The EU heads of state and government gathered in Brussels to discuss the war in Ukraine, migration, the situation in the Middle East, the Republic of...

Conclusions of the Winter European Summit
Romanian president Klaus Iohannis (right) and president of EU Council Antonio Costa (Photo: presidency.ro)
Today in the News Thursday, 19 December 2024

The EU and the exposure to disinformation

Attending the EU-Western Balkans summit and the European Council in Brussels, the Romanian president Klaus Iohannis said Romania was confronted with...

The EU and the exposure to disinformation
Photo: Mediamodifier / pixabay.com
Today in the News Thursday, 19 December 2024

Fitch revises Romania’s outlook to negative

Fitch Ratings has revised Romania’s outlook to negative, citing political instability and budget deficit.     Fitch Ratings has...

Fitch revises Romania’s outlook to negative
Today in the News Wednesday, 18 December 2024

A new Forestry Code

The new Forestry Code, a milestone in the National Recovery and Resilience Plan, was adopted by the Chamber of Deputies in Bucharest as the...

A new Forestry Code
Today in the News Wednesday, 18 December 2024

EU investigates TikTok

The European Commission opened formal proceedings against the TikTok social media platform for alleged violations of the Digital Services Act in the...

EU investigates TikTok
Today in the News Tuesday, 17 December 2024

Russia: concerns and sanctions

  Four US Senators, both Republicans and Democrats, have condemned Russia’s interference in the Romanian presidential elections and have...

Russia: concerns and sanctions
Today in the News Tuesday, 17 December 2024

What are entrepreneurs waiting from the future government

Entrepreneurs, who convened on Monday for a specialized online event, have emphasized the risk of a potential economic recession that might hit...

What are entrepreneurs waiting from the future government

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