New Stipulations of the Criminal Code

Impatiently awaited by thousands of detainees as well as by justice system representatives, the Criminal Code and the Criminal Procedure Code is to be enforced at the weekend. As of Saturday, February 1st, people facing criminal charges will have the right to challenge the Court’s ruling only once.

Mihai Pelin, 30.01.2014, 13:18

Impatiently awaited by thousands of detainees as well as by justice system representatives, the Criminal Code and the Criminal Procedure Code is to be enforced at the weekend. As of Saturday, February 1st, people facing criminal charges will have the right to challenge the Court’s ruling only once.

The penalty for corruption will be reduced which will also diminish the limitation period. Moreover, phone tapping will be allowed only after the prosecution has started. The new Criminal Code introduces, for the first time, terms like house arrest and euthanasia, and exculpates prostitution.

The Justice Minister, Robert Cazanciuc, has announced that the government will shed more light on the issue and make a series of adjustments, after representatives of the justice system signal the fact that certain provisions risk generating confusion and make their work more difficult. Chief-Prosecutor of the Anti-Corruption Directorate, Laura Codruta Kovesi, pointed out that some provisions in the new codes are likely to hinder criminal investigations, especially those related to corruption cases.

For instance, a suspect’s phone-tapping will only be allowed after his prosecution has started. The enforcement of the criminal and criminal procedure codes is also contested by the opposition. First vice-president of the Liberal Democratic Party, Catalin Predoiu, who participated directly in the codes’ drawing up while he was a justice minister, is now arguing the fact that the programs of restructuring small law courts have not been carried out, and the codes cannot be enforced because of the lack of infrastructure.

Catalin Predoiu: “We have initiated this program that included 8 courts of law, and the program was supposed to continue until their number was around 40. The Criminal Code and the Criminal Procedure Code should be postponed for a while, to allow for this system’s restructuring program to unfold and for an increase the number of staff members.”

Prime Minister Victor Ponta’s answer to Catalin Predoiu’s stand was that he didn’t understand the Liberal Democrats’ attitude, given that this party was in power when the codes were endorsed. Ponta said he was confident the justice system was ready for these codes.

Victor Ponta: “I honestly believe that the justice system is ready for the codes. These are modern codes and all problems in their implementation will be solved, just like in the case of the civil codes. I remember hearing the same concerns back then and the same suggestions to postpone them or risk the country’s collapse. The country didn’t collapse, on the contrary, the effects were positive.”

The possible adjustments to the Criminal Code will be made under a draft law in Parliament, Ponta has explained.