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May 23, 2022

Restrained competencies for the DNA

The Senate passed Tuesday, in its position of decision-making house, a draft law that approves an ordinance which removes several crimes from the area of competence of the National Anticorruption Directorate (DNA). The draft law for approving Emergency Ordinance 63/2013 that modifies Emergency Ordinance 43/2002 on the DNA was adopted by senators without modifications, Mediafax reports. Emergency Ordinance 63/2013 provides that the DNA is competent to investigate only the cases where the material damage is higher than the RON equivalent of EUR 1 M, the cases of misuse of authority provided by articles 246, 247, 248 and 248 index 1 of the Criminal Code. The draft law was adopted on September 18 by the Chamber of Deputies. Following the modifications, DNA is competent only in the cases of misuse of authority with damage above EUR 1 M, while the cases of tax evasion, embezzlement and customs fraud with the same level of damages will be probed by the DNA only if they are related to corruption cases. Otherwise, the cases of tax evasion, embezzlement and customs crimes with damages above EUR 1 M will be probed by regular prosecutor’s offices. “The cases registered with the DNA before the enforcement of the ordinance will be investigated by this specialised structure,” mentions the ordinance.

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