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January 27, 2023

Criminal Code might be amended following Elena Udrea case

Prosecutor Gheorghe Muscalu, a member in the Supreme Council of Magistracy (CSM) (photo)  told a plenary session on Thursday that an amendment of the Code of Criminal Procedure should be initiated that would ban public statements being made by people placed under judiciary control.

Starting from the recent case of Elena Udrea, Muscalu said the CSM’s boards should consider discussing about amending the legislation regarding judiciary control to introduce a ban on suspects making statements in the public space via the media or any other communication means, social media included.

He claims that by making public statements the suspects convey messages to co-defendants or other parties in cases.

Agreeing with Muscalu’s opinion were other CSM members as well, including CSM Vice-Chairman Bogdan Gabor.


Robert Cazanciuc: ‘Debate is needed on CSM and in Parliament’


Justice Minister Robert Cazanciuc said Thursday morning that a debate was needed first on CSM and then in Parliament on the proposal made by Gheorghe Muscalu, to be seen afterwards if the proposal could be turned into a draft law or not. Cazanciuc said Gheorghe Muscalu was right about the necessity of such provision, but added that ‘it has to be debated while keeping a balance between that and personal rights’. ‘The idea needs to be debated on still maintaining a balance with fundamental rights. Mr. Muscalu is indeed right, messages may be sent through statements. On the other hand, we need to see exactly if, by criminal procedure, we can set some limits for certain public statements. A debate is certainly needed, first of all on CSM, then in Parliament’, Robert Cazanciuc said after the plenary meeting of the Superior Council of Magistrates.




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