The plenum of the Deputies’ Chamber has adopted on Wednesday, as a decisional body, with 170 pros, 81 cons and six abstentions, the draft law on the alternative measures of executing the sentences. Thus, by the judge’s decision, the convicted persons for non-violent deeds who are not recidivists and who are sentenced to maximum five years in prison, will benefit from the house arrest measure or on Saturdays and Sundays.
“I am not pleased to come to the microphone and speak about this draft law submitted by my colleagues who are PSD senators, which the PNL group will not support. PNL will not vote this draft law in the form it has after being seen by the Legal Committee, because it doesn’t have anything to do with the one designed by our colleagues, and it no longer has the pursued purpose, which is to contribute to relieving penitentiaries from the existing overcrowding and to support a possible law to prevent and reduce relapse. These two draft laws were necessary in order to have a real reform in penitentiaries. Unfortunately, you have perverted both of these measures. On the one hand, these alternative measures have become an instrument by which, through a draft law which is a legal innovation, you turned the alternative measures for the execution of imprisonment sentences into alternative measures for the conditional release. This is the consequence of the amendment submitted to the Legal Committee” stated Gabriel Andronache.
Gabriel Andronache also stated that the draft law no longer represent what PNL intended to change when it submitted to the Parliament, therefore PNL will challenge the amendments to the Constitutional Court.
“As a consequence, this draft law, as it came from the Legal Committee, no longer represents the will of the initiators, it no longer represents in any way what PNL intended to do by submitting the draft law. Therefore, we will vote against this draft law, and unfortunately, you make us challenge it to CCR, to see if the amendments you suggested comply with the constitutional requirements, or they are unconstitutional” Andronache also added.
The Save Romanian Union (USR) MP Stelian Ion, also a member of the Legal Committee, said that through the changes brought on the alternative measures of executing the sentences, PSD is acting like an “arsonist”, and they want to solve the corruption problem by repealing the whole Criminal Code, if it’s possible.
“What you suggest is a stupid thing – to be imprisoned at home. What did PSD do since it acts like an arsonist that snatches the matchbox and burns the house? They simply took another draft law of our colleagues (from PNL – e.n.), they brought amendments – I counted 18 amendments – to 8 articles, they completely changed the content and they made a very relaxed this legislation, continuing the older process of decriminalization and relaxation of the criminal laws. PSD wants to solve the corruption problem by repealing the whole Criminal Code, if it’s possible. PSD destroys justice, weakens the criminal legislation and widely opens the gates of the prisons” Stelian Ion explained.
On Monday, the Legal Committee of the Deputies’ Chamber approved the draft law with 13 pros, nine cons and two abstentions.
On April 11, the Legal Committee decided that people who are convicted for violent deeds or who took advantage from the victim’s physical or mental state of inability, people convicted for corruption deeds and recidivists will not be allowed to execute their sentence at home or during the weekend.
The Legal Committee also decided that “the alternative measure of executing at home a custodial sentence consists of executing the custodial sentence under the supervision of some workers specially appointed by the Ministry of Internal Affairs, with or without an electronic bracelet”.
Another provision states that the custodial judge will establish an alternative measure of executing the sentence for people who have executed half of the minimum fraction in the penitentiary system without being sanctioned.
Thus, the decision establishing such a measure will be communicated to the detainee within 3 days since it was issued, and if the application of an alternative measure of executing the sentence was postponed, the detainee has the right to challenge the decision also within 3 days since it was communicated, to the court under whose jurisdiction the detention unit is, but the court’s decision is final.
According to the amendments adopted by the Legal Committee, the alternative measures of executing the custodial sentences are judicial measures established by the judge that is supervising the execution of the sentence, consisting of the replacement of the execution of the main imprisonment sentence with the execution of this sentence at home, in freedom or under a special penitentiary regime. Thus, the judge supervising the execution of the sentence may establish one of the alternative measures for the convicted persons that executed one fifth of the punishment that is required in order to reconsider the detention regime; the members of the Committee decided that the persons in question must be sentenced to maximum 5 years in prison.
The draft law also provides that the alternative measures of executing custodial sentences are the execution of the sentence at home, the execution of the custodial sentence partially at home, during the working week, and partially in a center specially established for this measure, on Saturday and Sunday, and the execution of the sentence in a mixed regime, namely at home, by performing community service as an equivalent.
The judge may decide that convicted persons for non-violent deeds who are not recidivists and who must execute maximum five years in prison, will benefit from home arrest or on Saturdays and Sundays.
The draft law will be submitted to the president in order to promulgate it.
Barna: I discussed with Ludovic Orban about the initiative to challenge the law on the execution of sentences to the Constitutional Court
USR Chairman Dan Barna announced on Wednesday that he discussed with the PNL Chairman Ludovic Orban, in order to challenge to the Constitutional Court the draft law adopted by the Parliament on the alternative measures of executing the sentences.
“This morning, I discussed with Mr. Ludovic Orban exactly about this initiative to challenge the laws o the execution of sentences to the Constitutional Court. It is a new step further of what I said, namely that Romania slowly becomes a paradise for criminals. The current majority makes a major priority from criminals, convicted persons, detainees, to the detriment of the public, social or infrastructure policies, which are totally missing. (…) PSD’s attack consisting of destroying the state structures has become a real and assumed one” Dan Barna stated.