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April 19, 2021
JUSTICE POLITICS

DNA demands original documents linked to drafting of emergency decree amending Criminal Codes. Justice Ministry: “Serious interference in the activity of the executive authority”

The National Anticorruption Directorate (DNA) announced on Thursday that it received a notification filed by several physical persons regarding possible guilty acts related to the way some legislative acts were adopted and that prosecutors are currently carrying out procedural actions.

“The National Anticorruption Directorate registered a notification filed by several physical persons regarding possible guilty acts which the institution has the competency to address, related to the way some legislative acts were adopted. Consequently, in line with criminal procedure stipulations, procedural actions regarding the aspects notified are being carried out. We will offer more details when the circumstances allow it,” reads a DNA communique.

We remind our readers that, on January 25, Mihai Politeanu, Elena Ghioc and Razvan Patachi, members of the ‘Initiativa Romania’ Association, announced they filed a criminal complaint with the DNA, accusing Premier Sorin Grindeanu and Justice Minister Florin Iordache of aiding and abetting and of intentionally presenting to Parliament or the Romanian President inaccurate data concerning the Government’s or a ministry’s activity, in order to hide the committing of actions liable to damage the interests of the state.

“Together with my colleagues and friends Elena Ghioc and Razvan Patachi, I filed with the National Anticorruption Directorate a criminal complaint against Sorin Grindeanu, Prime Minister of the Romanian Government, and Florin Iordache, Justice Minister within the Romanian Government, for the following crimes: 1. Aiding and abetting, a crime stipulated by Article 269, paragraph 1 of the Criminal Code – “Aid offered to the offender in order to prevent or hinder the investigations in a criminal case, the enforcement of criminal law, the serving of a sentence.” 2. Intentionally presenting to Parliament or the Romanian President inaccurate data on the activity of the Government or of a ministry, in order to hide the committing of guilty acts liable to damage the interests of the state, stipulated by Article 8, paragraph 1, letter b of law no.115/1999 on ministerial accountability,” Mihai Politeanu announced on his Facebook page.

 

Justice Ministry confirms DNA asked for documents on decree on Criminal Codes and pardon bill

 

The Justice Ministry confirmed on Thursday that it received a request from the National Anticorruption Directorate (DNA) to hand over, until February 2, all the original documents connected to the drafting and issuing of the emergency ordinance on the amending of the Criminal Codes, as well as to the pardon bill. At the same time, the ministry labelled the DNA’s action as “serious interference in the activity of the executive authority.”

“On 1 February 2017, the Justice Ministry received the National Anticorruption Directorate’s request to hand over, by February 2, all the original documents related to the drafting and issuing of the government emergency ordinance of 31 January 2017, which modified law no.286/2009 on the Criminal Code and law no.135/2010 on the Criminal Procedure Code, and of the bill on the granting of pardons.

“In the same letter, the National Anticorruption Directorate asked for the handing over of the documents generated as a result of inter-institutional and internal correspondence, in writing or in electronic form, regarding the two aforementioned legislative acts, and also for the handing over of the names and identification data of the persons who took part in the writing, drafting and/or approval of the two draft legislative acts.

“According to the letter, the documents were demanded further to the interest of a criminal probe in a dossier that is on the dockets of the National Anticorruption Directorate.

“In reaction to this overture, the Justice Ministry emphasises that the aforementioned legislative amendment was and is undertaken by the Justice Ministry’s leadership in the exercise of its statutory and legal prerogatives,” the Justice Ministry pointed out in a press release.

“We consider that the DNA starting an investigation into the way an emergency ordinance was drafted represents serious interference in the activity of the executive authority and an unprecedented impact on the balance of constitutional branches of government,” the communique adds.

 

Justice Ministry will submit the documents requested by DNA

 

The Justice Ministry (MJ) will submit on Thursday the documents requested by the National Anticorruption Directorate (DNA) on drawing up and issuing the Government Emergency Ordinance (GEO) on amending the Criminal Code and draft law on pardoning some sentences, MJ Spokesperson Cristina Lita specified for Agerpres.

The MJ representative mentioned that the texts of the normative acts will be submitted also to the European Commission if they are requested. “The Minister of Justice is willing to participate inclusively in the European Parliament if invited,” she said.

 

PG Lazar says DNA investigating adoption of government decree on criminal legislation

 

Prosecutor General Augustin Lazar said on Thursday that the National Anticorruption Directorate (DNA) has an ongoing case in regards to the adoption of the emergency ordinance on the modification of the Criminal Code and the Criminal Procedure Code.

“There is a DNA investigation and, for more data, please consult the DNA’s Press Office. So that you may obtain some concrete data, not have me tell you some things that aren’t accurate. (…) There is a case under DNA’s investigation which has a certain connection,” Augustin Lazar said before the Superior Council of Magistracy (CSM) meeting started.

 

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