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January 27, 2022

Draft law on no handcuffs for the corrupt goes through Senate’s Juridical Commission

The draft law according to which persons investigated for corruption cannot be handcuffed except in case they try to avoid the criminal probe received the Senate’s Juridical Commission’s green light on Tuesday.

The proposals on eliminating the public use of handcuffs on non-violent persons placed under arrest and the defendant’s possibility to choose an address other than the one on his ID card if he proves that is where he lives, proposals initiated by PSD Senator Serban Nicolae, have received the Senate’s Juridical Commission’s green light.

According to Serban Nicolae’s draft law, a defendant cannot be handcuffed in any circumstance, with the exception of defendants “investigated for violent crimes, of those who avoided the criminal probe or that resisted the measure adopted.”

“Handcuffing is an exceptional measure, it has to be restricted with the exception of several cases clearly spelled-out by law, in the sense that handcuffs are used only on persons suspected and investigated for violent crimes, which induce a state of danger in the public space, persons that avoided or resisted detention or preventive arrest.

Handcuffing is not a matter of show, that’s not what preoccupied me, what preoccupied me was the fact that in many situations handcuffing can be a form of humiliating the persons concerned, especially those that are not investigated for violent crimes, that do not generate a state of danger in the public space,” Serban Nicolae stated.

The members of the Juridical Commission also approved an amendment according to which a defendant placed under house arrest can choose the house in which he will be placed under arrest.

“In case the defendant permanently lives in a house other than the one stipulated in his ID card, at the defendant’s request the court can rule that he should be placed under house arrest in that house,” the amendment reads.

The draft law will go to the Senate for its final vote, the Lower Chamber being the decisive Chamber.

In its initial form, the draft law initiated by PSD Senator Serban Nicolae stipulated several considerable changes brought to the Penal Procedure Code. The Social-Democrat’s proposals included those concerning severe detention conditions.


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