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October 29, 2020

Justice Ministry organises public debate on draft law for Criminal Code amendment

The Ministry of Justice (MJ) organizes a public debate on Wednesday regarding the draft law on the amendment of the Criminal Code and the Criminal Procedure Code, reads a press release on the website of this ministry.

The draft law for amending and supplementing the Criminal Code and the Criminal Procedure Code, which is submitted to public debate by the MJ, does not provide for a minimum damage limit for the crime of abuse in office.

According to the draft published on the MJ website, paragraph 1 of the Article 297 of the Criminal Code states that “the action of the public servant who, while exercising their professional responsibilities, fails to implement an act or implements it faultily, by infringing a law, a Government Ordinance or a Government Emergency Ordinance, thus causing damage or violating the legitimate rights or interests of a natural or legal entity, shall be punishable by no less than 2 and no more than 7 years of imprisonment and the ban from exercising the right to hold a public office.”

The text is thus in agreement with a Constitutional Court’s decision, the current phrase “wrongly exercises” is replaced by the phrase “implements it faultily, by infringing a law, a Government Ordinance or Government Emergency Ordinance,” the rest of the provisions remaining unchanged.

The draft also amends the first paragraph of Article 301 of the Criminal Code on Conflict of Interest, replacing the phrase “commercial relations”, declared unconstitutional, with the phrase “relations specific to professionals”.

Amendments are also made to the article of the Criminal Code regarding the enhanced confiscation, in the sense of transposing into law a European Directive on the freezing and confiscation of the crimes’ tools and products committed in the European Union.

The draft also brings in line some articles of the Criminal Code concerning corruption and in office offenses committed by persons other than civil servants, as well as road traffic offenses with the Constitutional Court decisions. The provisions of the Criminal Procedure Code, Law 304/2004 on judicial organisation and Law 253/2013 on the execution of punishments, of the educational measures and other non-custodial measures ordered by the judicial bodies during the criminal trial are also modified for the same reasons.

The proposals, suggestions and opinions with a recommendation value related to the draft piece of legislation under debate may be submitted in writing to the MJ by post or by email. Moreover, two public debates will be held on April 26 and May 15.


JusMin Toader: Package of judiciary bills to be sent to CSM next Tuesday; will go to Gov’t after approval


The package of bills on the judiciary will be sent to the Supreme Magistracy Council (CSM) next Tuesday, then to the Government, as soon as the CSM issues its report on it, and then to Parliament, Justice Minister Tudorel Toader announced on Tuesday.

“Parliament has 5 bills on the dockets, all concerning the judiciary. They can all be put up for debate and adopted, independent of what we’re bringing. One dates back from 2008, ordinance 46/2008 which sought to make it possible to enter the magistracy through a simple interview at a seniority of 18 years,” Tudorel Toader stated at the Senate’s Judiciary Committee.

He said that the CSM sent its points of view on this package of bills on Monday, namely after a period of three months.

“We are working on the package of bills concerning the judiciary. The package dates back from previous years. Minister Iordache reopened the debate on it in January, sent it to the CSM for the latter to formulate its points of view, because two years have passed since the bill was tabled and the CSM’s componence is different. The Justice Ministry received the CSM’s proposals yesterday, namely after 3 months. We are working at full speed to take the solutions we consider viable. Probably by Friday we’ll come up with the bill’s final form,” Toader added.

He said the package of bills will be sent to the CSM once again next Tuesday.

“We no longer have to place it under public consultations, because the bill initially went through this stage. The final form will be transmitted to the CSM, for them to see what [proposals] we’ve adopted, immediately after the start of next week. We hope CSM will find the time to go through this draft, which won’t wait 30 days because it went through decisional transparency. We’ll send it to the CSM on Tuesday. When we get the [CSM] report, we’ll send it to the Government and to Parliament,” Toader said.


Grindeanu about Tudorel Toader: Maybe the rhythm I’m used to is more alert than the one he was used to


Premier Sorin Grindeanu stated on Tuesday, when journalists asked him once again whether he is dissatisfied with Justice Minister Tudorel Toader and whether he has something to reproach him with, that maybe the rhythm he and his Government colleagues are used to is more alert than the one Tudorel Toader was used to, so he had several talks with him.

Asked whether he had any talks with the Justice Minister about the pardon bill, against the backdrop of PSD President Liviu Dragnea’s dissatisfaction with its deferment, the Premier said he and Tudorel Toader talked on very many occasions about the pardon bill and the bill amending the Criminal Codes.

“I had very many talks with Minister Tudorel Toader during this period, about the pardon bill. We also had talks about what the bill setting the Criminal Code in line with Constitutional Court rulings means and we’re in the public consultations stage here, points of view from various institutions – CSM, DIICOT, DNA – have been received and this stage must be completed,” the Premier stated.

He claimed that he had these talks with the Justice Minister because he wants things done transparently, in consultation with all public institutions and “at a rhythm maybe sometimes more alert than the Constitutional Court rhythm” that Minister Tudorel Toader is used to.

“Maybe the rhythm I am accustomed to, which my Government colleagues are accustomed to, is more alert than the one which Mr Toader was maybe accustomed to. That is why we had these talks, and I don’t want to be misunderstood, I constantly have talks with him, for things to be made transparently, in consultation with all public institutions and at a rhythm maybe sometimes more alert than the Constitutional Court rhythm,” Premier Grindeanu added.

He also stated that he is analysing the activity of the members of Government in relation to the measures they must take, and when he reaches a conclusion he will present it to the ruling coalition, not on television.




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