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October 23, 2020
POLITICS

Ciolos Government, hardly criticized by PSD and ALDE for amending Criminal Codes by GEO

  • Former PM Ponta warns: “They are building the road to Dictatorship “

 

Former PM Victor Ponta unleashed subsequently to Ciolos Government’s decision to amend several articles of the Criminal Code and Criminal Procedure Code by emergency ordinance (GEO), stating that “They are building every day the road to Dictatorship!!!” At the same time, former PM announced that, as a simple deputy, he will propose rejection in Parliament of this “odious Government’s Ordinance”.

“Romania’s curse of today is that in the middle of the noise made by the “Propaganda of the Intelligence Services” which pretends to fight for “the Rule of Law”, people can’t hear and see anymore how they are building the road to Dictatorship!!!”

  1. After Macovei, Tapalaga and Gorghiu and others like them have shouted from all their heart that Parliament wants to change the Criminal Code and the Criminal Procedure Code (although not even an article from the many wrong or unconstitutional articles has changed);
  2. After the “Propaganda” has hysterically demanded that “Ponta must not be the President of the Chamber” because he will attack the criminal laws together with Tariceanu;
  3. After the puppets Gorghiu and Blaga shouted from all their hearts that they are fighting day and night against the parliamentarians who wish the Codes to be changed;
  4. After criticizing this Government that it is economically and socially destroying Romania and that it sells Romania to the strangers worse than PDL Government;
  5. After Iohannis is permanently presenting us slogans which are childishly translated from German about the way he defends Justice (that Justice which was “wrong” by taking his stolen house from Sibiu) by the bad Parliament,

What do you think that it happened on Wednesday?!?

At the proposal of the Minister of Justice, Raluca Pruna Macovei Bathrobe, they have amended 150!!!!! Articles of the Criminal Code and Criminal Procedure Code, by EMERGENCY ORDINANCE!!!!! To be clear:

  1. The Codes have been amended by the Government, not by the Parliament (as Constitution provides);
  2. The amendments were available to the public AFTER they were adopted, and not to be subject of a public debate / therefore, “quietly”, as “His Government” is usually working;
  3. Many of the 150 amendments reduce or cancel fundamental human rights, in a democracy which reflects once again that “Macovei Sect” thinks the same as ISIS!
  4. The Non-Governmental Organizations influenced by Soros and the “officers” in the press which break their clothes if a deputy only dares to think to suggest an amendment of a single article in the Codes – now they are completely silent! Only judge Dumbrava from the Superior Council of Magistracy and APADOR CH had the courage to say something (but nobody quoted them, of course)! And of course, as I was expecting, President of the Senate, Calin Popescu Tariceanu, has reacted in a legitimate and rightful manner!

As a simple deputy in the PSD Group, I will propose to vote against this odious Government’s Ordinance! The amendments to the Criminal Code and Criminal Procedure Code must be adopted only by the Parliament, only with the approval of the Government and of CSM (Superior Council of Magistracy) and only after a real public debate which has to inform the people and explain them what it’s all about. Otherwise we’re talking about a DICTATORSHIP” WROT Victor Ponta on Saturday, on his Facebook page.

The hard reaction of the former prime minister comes as a consequence of the fact that on last Wednesday, Government has amended and completed, by GEO, the Law No. 286/2009 on the criminal Code and the Law No. 135/2010 on the Criminal Procedure Code.

 

The Government claims that the amendments add value to the two Codes

 

According to the Government, the GEO was adopted mainly considering that since the new Criminal Procedure Code has entered into force and until now, 17 decisions of the Constitutional Court with a significant impact on this law were adopted. Urgent transposition of some of the EU regulations in the matter of Criminal and Criminal Procedure Law is required, stated the Executive body in a press release.

Also, the Government mentioned that another reason would be the acute necessity of some legislative actions in order to ensure the good development of the trial in the criminal matter, as the institutions within the judicial system have indicated.

According to the Government, legislative actions were necessary, following some decision of the Constitutional Court which admitted the unconstitutionality exceptions related to the Criminal Procedure Code.

“By its’ most recent decision, CCR has established that prosecutor’s waiving to the criminal investigation without being a subject of the court’s control and approval, is similar to the exercising by the prosecutor of the attributions belonging to courts. Thus, Court establishes that prosecutor’s waiving to the criminal investigation, in the terms of art 318. Par.(1) of the Criminal Procedure Code, is against the fundamental law”.

Thus, Government has decided to perform a legislative action in order to regulate a procedure by which the judge of the preliminary chamber decides on the legality and reasonability of the prosecutor’s waiving to the criminal investigation, by motivated meeting decision, in the council room, quoting the parties, the suspect, the injured person and other interested persons, as well as with the participation of the prosecutor.

“The amendments are also related to other necessary interventions in order to conciliate the Criminal Procedure Code with 15 decisions which the Constitutional Courts has pronounced in the last period of time and which were claiming for the legislative action in the following matters:

– participation of the prosecutor or of some parties in the penal trial to some procedural steps;

– the procedure of solving the complaint against prosecutor’s solutions;

– procedure of the agreement of admission of the guilt;

– the necessity of regulating some appeals permitting the challenge of the ensuring measures by the judge of the preliminary chamber or by the court;

– clarifying some competencies.

Criminal Procedure Code was amended in order to clarify the interpretation of some texts and makes the necessary links for their implementation. There have been changes on the procedure of the agreement of admission of the guilt, so that the under 18 people may conclude such agreements, with the approval of their legal representative.

Also, it has completed the regulatory framework of mandatory legal assistance provided by the Criminal Procedure Code – by confirming the case law; it has been regulated the its mandatory nature also in the  pre-chamber proceedings in cases where, for the crime committed, the law provides life imprisonment or imprisonment for more than 5 years.

In order to prevent a series of different regulations, the GEO gathers in a single action the legislative intervention especially on the Criminal Procedure Law, making all the correlations implied by the various grounds for the intervention. Failure to complete the parliamentary procedure debate on the drafts of law initiated by the Government following the publication of the Constitutional Court decisions of unconstitutionality leads to non-unified solutions into practice.

Out of the total amendments, 30 amendments were related to the transposition of the 5 directives, while more than 50 items were related to the compliance of the Codes to the Constitutional Court’s decisions. Changes have also been made in order to establish a unitary approach considering the jurisprudence of the  European Court of Human Rights, while the other amendments were consisting in regulations requested by the practitioners or in correlation texts, which were included to clarify as soon as possible the normative framework  of the penal trial.

The texts bring their direct contribution to the legislative stability, adding value to the two Codes; they increase the protection of some categories of vulnerable persons (people under 18, crimes victims), respectively they consolidate the reasonable nature of the penal trial by increasing the level of the warranties within the trial”, indicates the quoted release.

 

Tariceanu: If we wish to respect democracy in Romania, it shouldn’t be acted this way

 

Government’s decision to amend the Criminal Procedure Code by GEO was immediately criticized in hard terms by the President of the Senate, Calin Popescu Tariceanu since Wednesday evening; he underlined that “if we wish to respect democracy in Romania, it shouldn’t be acted this way”.

“Government has adopted today, by GEO, a series of amendments to the Criminal Code and Criminal Procedure Code. But I am asking: Why it was necessary to attack so hardly the Parliament in the last year, when it tried to adopt these amendments in order to conciliate the Criminal Code and the Criminal Procedure Code to the Constitutional Court’s decisions? It’s not a normal thing to take the Parliament out of the flow, since it represents the only democratic institution in any country”, stated Calin Popescu Tariceanu, by phone, in “100 minutes” TV show at Antena 3.

“I don’t know if the Parliament didn’t have the courage, but last year we’ve assisted at a choir of the so-called defendants of the “Rule of Law”, who only wished to prevent Parliament of exercising its right to amend the Criminal and Criminal Procedure Codes, which the Government has changed in a single day by GEO, without any debate. If you think this is the democratic model we should follow, that this is the “Rule of Law”, I tell you that, at least from my point of view, we are making a serious mistake which will cost us in the next period of time. We’ll probably wake up only when we’ll receive signals from the EU countries: “Hey, Romania, take care, you have derailed, you have seriously derailed!”, added the President of the Senate.

Asked about how the Parliament will react related to this GEO, Calin Popescu Tariceanu mentioned: “In the end, following the law, the GEO will be subject to the debate in Parliament. The problem is that, since it was published, any GEO produces consequences. If the Parliament appreciates that some of the provisions which were introduced in the GEO must be changed, we will immediately talk about legislative instability and all the consequences coming from it. If we wish to respect democracy in Romania, it shouldn’t be acted this way. But if we wish to make an original democracy, then we change these things by GEO and continue to say that we have a “Rule of Law””, Calin Popescu Tariceanu concluded.

Asked on Sunday, at Buzau, by DC News, if ALDE intends to submit a motion of no confidence against Ciolos Government, Calin Popescu Tariceanu said: “At this moment we are not talking about this subject, since we are in the electoral process. After that, we will have to see the results and to wait the majorities to form inside the councils of the counties and the local councils”.

Calin Popescu Tariceanu also said, in this context, that the Government has amended and completed, on Wednesday, by GEO, the Criminal Code and the Criminal Procedure Code.

“The Health system, the Transport area, the agriculture, all of these are disastrous… You’ve witnessed the consecutive resignations of five ministers… It is a clear signal that this Government is not capable of having any result. I am concerned about the fact that, if in some areas it’s not having results, it will take very dangerous decisions.  And I want to refer to the amendments of the Criminal Code and Criminal Procedure Code by GEO. If a political Government would have had decided to adopt these measures by GEO… it would have been a tremendous scandal. I am glad that the press which is operating by orders reveals itself: all of them are totally silent. I agree Victor Ponta when he says that this GEO should not be approved by the Parliament in a visible manner, in order to make the current Government and people understand that such important and serious amendments cannot be adopted in an arbitrary way by a person who is the Minister of Justice and who was a small translator at Brussels. It’s a much too important responsibility to speak about peoples’ rights and freedoms. This thing must be subject of public debate in Parliament” stated Calin Popescu Tariceanu on Sunday, at Buzau, where he was present on the occasion of the launching of the ALDE (Alliance of Liberals and Democrats) candidates for the local elections which will take place on June 5.

 

Dragnea: “Amending the Criminal Codes by GEO raises questions; it was a wrong approach by the Government”

 

PSD President, Liviu Dragnea, stated on Friday, in a press conference held at Piatra Neamt, that amending the Criminal Codes by GEO “raises questions”.

“Amending the Criminal Code and Criminal Procedure Code is a very interesting thing. Each time when this was a subject to discuss in the Parliament, everybody was saying, rightfully, that a debate has to be made with the civil society, with the specialists, so that people should see this thing, and the final decision to be adopted following this debate. A GEO raises questions; it was a wrong approach by the Government, but we cannot do anything else but to comment on it” stated Liviu Dragnea.

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