The committee on judicial laws has adopted – in a 14-5 vote – the report on law no.304/2004 on the judicial system, report that contains the proposed amendments to the law currently in force.
PSD-ALDE and UDMR MPs voted in favour, while PNL and USR MPs voted against the report.
The debates on the proposed amendments to law no.304/2004 on the judicial system lasted four days, the most important amendment being the setting up of the “Section for the investigation of judicial crimes.”
“The section for the investigation of judicial crimes is set up and will function within the Prosecutor’s Office attached to the High Court of Cassation and Justice, having the exclusive prerogative of carrying out the criminal probe into the committal of corruption crimes and crimes assimilated to corruption, as stipulated by the Criminal Code and law no.78/2000, of malfeasance in office, and of crimes against the serving of justice, committed by judges and prosecutors, including those who are members of the CSM, but also by military prosecutors and judges,” reads the amendment adopted by the PSD-ALDE majority, vehemently criticised by PNL and USR.
Also adopted was an amendment according to which the Section for the probing of magistrates would start functioning 6 months after the coming into force of the law. The cases which fall under the Section’s prerogatives and which were registered with the competent prosecutor’s offices – including the specialised ones – prior to the coming into force of the law will be solved by the said prosecutor’s offices.
PSD’s Iordache: Directorate for Investigation of Criminal Offenses in Justice intended to take pressure off judges
The special parliamentary committee for the Justice laws approved on Monday the report on the amendment draft of the judicial organisation law, due to enter debate in the Chamber of Deputies’ plenary.
One of the main modifications adopted by the committee was the setting up of a Directorate for the Investigation of Criminal Offenses of Judges and Prosecutors. This department will start its activity in six months’ time from the law’s entry into force.
Head of justice laws’ special committee, Deputy Speaker of the Chamber of Deputies Florin Iordache of the Social Democratic Party specified on Monday that setting up a Directorate for the Investigation of Criminal Offenses of Judges and Prosecutors is intended to take the pressure off judges.
“We considered such a directorate should exist, a department made up of prosecutors of a certain rank. They are under Romania’s Prosecutor General’s control and with regard to their appointment, they are elected by their colleagues in the prosecutors’ division of CSM [Superior Council of Magistracy – ed.n.], Iordache replied in relation to the adoption of this amendment to the law on judicial organisation.
He said that such a department “is intended to take the pressure off judges.”
“For judges not to be under so much pressure, be it during the trial phase, or during the ruling phase or when solutions are being passed, it is a good thing that such a division exists under the subordination of the Prosecutor General. (…) You have envisaged certain arguments, we have envisaged some other arguments. We, upon debates, have taken into account all observations and following the vote expressed, we considered that it is a good thing this directorate was set up. It has been clearly established from the beginning the prosecutors’ statute and all we did was copy from the Constitution what the prosecutor’s statute means and as to what Law no. 304 represents, we mentioned that “rationality” which only eliminates potential refutation of solutions one prosecutor or another might receive in court. Bearing in mind that the prosecutors are hierarchically subordinated, there is that independence in relation to the case, to the solution, but lawfulness and rationality allow the hierarchical leader to intervene,” Florin Iordache further explained in Parliament.