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June 26, 2022

JusMin Toader on abuse of office: There is need of reasonable threshold to delimit contravention and criminal liability

The Minister of Justice, Tudorel Toader, on Tuesday specified that, in case of the abuse of office charges the authorities are currently seeking to establish “a reasonable threshold” to delimit between contravention and criminal liability.

“With respect to the abuse of office offense, as it is now in our legislation, we have these two decisions of the CCR [Constitutional Court of Romania]. The first decision – is about what we should understand from the phrase “carries out in a deficient manner” and CCR established that this is about the accomplishment, non-accomplishment of a duty stipulated by a law or a ordinance. The second decision refers to the need to delimit the degree of social danger to delimit the forms of legal liability, contravention liability from criminal liability. I repeat, we are seeking to establish “the reasonable threshold,” in order to be able to delimit between contravention liability and criminal liability,” said Tudorel Toader, at the Parliament, after he participated in the specialist committee regarding the alignment of Justice laws.

He also underscored that “in the meantime, a European directive has been adopted referring to European funds and speaking of the minimum threshold of 10,000 euros, and in case the value of the prejudice exceeds 100,000 euros, then the fact will be considered as having qualified/aggravated form.”

“Thus, with respect to the abuse as we have it in the national legislation, we are taking into account the two decisions of the Court, the European directive which, in its turn, must be transposed, although it can be transposed at the same time with the modification of the abuse. Personally, I believe that it can be or it should be transposed separately too, considering the multitude of incidental issues, the transposition of the directive procedure, the margin of appreciation and its national character,” said Tudorel Toader.

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