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January 23, 2021

JusMin Toader: Even without that exception, draft on Administrative Code had absolutely same effect

Justice Minister Tudorel Toader stated on Wednesday that even if the draft of the Administrative Code did not stipulate the exception regarding the possibility that convicted persons who are rehabilitated be able to be part of the Gov’t, the judicial effect would have been “absolutely the same,” because in the Criminal Code there are several texts referring to rehabilitation.

Tudorel Toader offered on Wednesday some explanations regarding the Administrative Code bill, which stipulates the possibility that a convicted person can become a member of the Gov’t, if rehabilitated.

“In the bill it was stipulated that phrase of the possibility of becoming a member of the Government for those who have been convicted if they have been subsequently rehabilitated. I understand that the whole dispute and all discussion are carried out here. We can talk a lot about this thing. I want to tell you the following thing. In the Criminal Code there are several texts of law referring to rehabilitation. We have a law rehabilitation and a judicial rehabilitation. (…) Even if the bill did not stipulate that exception, the effect was absolutely the same (…), because, in Romania and generally in the judicial systems, we have two large categories of offenses according to their gravity. Offenses that are prescriptible and the ones that are imprescriptible. The imprescriptible ones are those against peace and mankind. All the other offenses are prescriptible” Toader told a press statement at the Justice Ministry.

The Justice Minister brought to mind the fact that at the Constitutional Court there have been a large debate regarding the indefeasibility of the acts against humanity, those committed by torturers respectively, given that those crimes are also imprescriptible.

The Minister also pointed out that the bill on the Administrative Code brings together 20 laws that are currently in force and does nothing but structure them, order them and lead to a more reliable, predictable regulation, as required by the European Court of Human Rights (ECHR) and constitutional requirements.

Moreover, Toader state that this bill has been in public debated form 8 November 2016 and it is not drawn up by the new Gov’t.

The statement of the Justice Minister comes after the Save Romania Union (USR) announced on Wednesday that through the amendments brought by the Administrative Code draft, the persons who were criminally convicted can be members of the Executive if rehabilitated, and in this way “a large institutional scheme was set in motion” so that the Social Democratic Party (PSD) Chairman Liviu Dragnea, would be prime minister.

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