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April 11, 2021

JusMin Toader: Unless Parliament transposes Directive on presumption of innocence, Government is entitled to issue emergency ordinance

Justice Minister Tudorel Toader said Tuesday that the European Directive on presumption of innocence should be transposed by April 2018, and if Parliament does not do so, the Government is entitled to issue an emergency ordinance.

“What can I say about the transposition of the directive, it unquestionably must be transposed, we have April 2018 as deadline. I am convinced that Parliament will transpose it. If not (…) the urgency of adopting an emergency ordinance to transpose a directive is justified to the extent to which the Parliament does not proceed in this sense. Therefore, if the law, for one reason or another, in one form or another, is not passed by Parliament and will not be promulgated, published in the Official Gazette, so that to produce legal effects, the Government is entitled to issue an emergency ordinance for the transposition of the Directive,” Tudorel Toader told at the debate on the amendments to the Penal Procedure Code on the transposition of the European Directive on the presumption of innocence.


 CSM’s Ban: Not only free corrupts, but also free murderers through criminal codes’ amendments


The amendments that could be brought to the criminal codes will actually “paralyze” the criminal prosecution, on Tuesday said the Superior Council of Magistracy (CSM)’s Vice President, prosecutor Cristian Ban, adding that not only the “corrupts” will walk free, but also the murderers, the rapists and the paedophiles.

“Talks were held on the Justice Laws, and yet I would trigger an alarm signal regarding the amendment draft of the two codes – the Criminal Code and the Criminal Procedure Code. Amendments are, because we can only talk about amendments, which God forbid, hopefully will never come into force, that, and I’m saying it with greatest of responsibility, will actually paralyze the criminal prosecution and judgment, yet in a smaller degree. There will be not only free corrupts, there will also be free murderers, rapists, paedophiles, all free, they will walk because the investigation bodies are having their hands and feet tied down. It is as if one ties someone from their hands and feet and throw them into the water to swim,this is exactly how the investigators will be alongside the courts of law,” Cristian Ban said, referring to the talks in the plenary meeting of the CSM regarding the adoption of a public and uniform message on the amendments’ proposals to the Laws of Justice and the contents and effects of these amendments onto the criminal codes.

Ban added that alterations that might be done are going to bring Romania “on the verge of the abyss.”

“I saw yesterday hundreds and hundreds of colleagues magistrates and prosecutors in the street. I for one am next to them because they are shouting desperation. Let’s get to the bottom line. Why did our colleagues take to the streets? Why did they take to the streets and shout desperation? Because no real dialogue exists, they are not heard where they should be heard, because firstly there is no transparence in this respect. And secondly because certain issues regarding the Justice Laws fabric and recently regarding the amendment draft of the two criminal codes are as such so they actually paralyze and pushes us, we are on the verge of the abyss in my opinion, alongside other countries such as Poland, Turkey and Hungary, there is the club we shall join,” Ban added.

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