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February 4, 2023

DNA head Laura Kovesi pleads for change of measures regarding judicial review

DNA (National Anti-corruption Directorate) chief prosecutor Laura Codruta Kovesi, in a letter she addressed to the Minister of Justice, Robert Cazanciuc, pleaded for the need of an amendment be brought urgently to the provisions of the Criminal Procedure Code in respect to the judicial review and judicial review on bail measures, to also regulate the duration for which these measures could be dictated, the procedure and maximum duration for their prolonging.

‘In the opinion of the National Anti-corruption Directorate, the judicial review should be established for a period of 60 days and prolonged successively for another 60 days, with the total duration of the preventive measure not to exceed two years,’ reads a release of the DNA according to Agerpres.

The letter came after the Constitutional Court of Romania, on December 4, 2014, ruled as unconstitutional the provisions of articles 211-217 of the Criminal Procedure Code that regulate the preventive measures of judicial review and judicial review on bail, the reason being that they do not mention the duration for which these measure could be taken.

In her letter to the Minister of Justice, Kovesi notes that the adoption of this recent decision may cause certain vulnerabilities in such criminal cases that are still under investigation and where the preventive measure of judicial review was used.

‘Thus, there is a risk that the defendants whose liberty of movement was restricted by the rights and freedoms judge to leave the country, hindering thus the carrying out smoothly of the criminal procedure. Considering that the DNA is currently dealing with several such cases in which public persons are involved charged with committing serious crimes and who are wealthy enough, the possibility that this risk becomes reality may create among the public the impression that the authorities’ lack of action made it easier for these people to escape justice,’ showed the abovementioned release.

The DNA chief prosecutor appreciated that the amendments should be adopted through an emergency ordinance to come into force previous to the publication of the decision of the Constitutional Court in the Official Journal, given that this normative act is aimed at regulating certain preventive measures already existing, with the purpose of protecting the fundamental rights of the citizens.


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