CSM proposed that for 30 days of detention in improper conditions 3 days should be shaved off the prison sentence, and Parliament approved 6 days
Justice Minister Tudorel Toader points out that the compensatory appeal law was tabled by the previous Government, that the Superior Council of the Magistracy (CSM) proposed that for 30 days of detention in improper conditions 3 days should be shaved off the prison sentence, and Parliament approved 6 days. Toader emphasises that “the impact study is done as part of the legislating procedure, not of the law enforcement stage.” Former Justice Minister Raluca Pruna claims that blaming the technocratic Government for the compensatory appeal law is “only yet another vile action in the long list that history will pin on Toader.” She says that the PSD-ALDE coalition bears the exclusive responsibility for the effects of the law, having adopted a technocratic bill during the Grindeanu Government only to subsequently slaughter it in the Parliament in which they hold the majority, “with the non-involvement – guilty and complicit – of criminal law professor, rector and constitutional judge Toader.”
The Justice Minister posted on Sunday on Facebook a message regarding the compensatory appeal. In it, he points out that on 17 November 2016, via address no.68/86950, the Justice Ministry forwarded to the CSM, for endorsement, the bill amending and supplementing Law no.254/2013 on the serving of prison sentences and incarceration measures ordered by judicial bodies.
On 29 November 2016, via Decision no.1533, the CSM endorsed the bill.
“Section 2 of the [CSM] opinion stipulates that ‘in principle, the proposed compensatory measure should not become liable only for the calculation of the punishment that can be considered served in view of offering parole. In the Plenum’s opinion, the compensation for persons serving incarceration punishments in severe overcrowding conditions becomes effective only if the measure proposed by the bill aims to consider as effectively served 3 days of the punishment for each 30-day period served in improper conditions,” Tudorel Toader points out.
Toader points out that the bill was sent by the Government to the Senate on 31 January 2017, before he was sworn in as Justice Minister.
He adds that “the initial form stipulated the fact that, in view of parole, 3 days of punishment were to be considered served for 30 days of punishment served in improper conditions, and the rapport made was to 3 square metres for each convict.”
The Justice Minister also recalls the Constitutional Court’s decision to reject the unconstitutionality criticism levelled.
“In conclusion: the bill was tabled by the previous Government. The CSM considered that in order to be effective, the 3 days can be considered as effectively served, instead of a benefit at parole. Parliament picked up the CSM proposal, and the three days were replaced by six days considered served for each 30 days served in improper conditions. The law was adopted on 14 July 2017, was published in the Official Journal on 18 July 2018, and came into force on 21 July 2017. The impact study is made during the legislation procedure, not during the enforcement stage,” Tudorel Toader wrote in conclusion.
Raluca Pruna: Blaming the technocratic Gov’t for the compensatory appeal law is only yet another vile action in the long list that history will pin on Toader
Former Justice Minister Raluca Pruna claims that blaming the technocratic Government for the compensatory appeal law is “only yet another vile action in the long list that history will pin on Toader.” She says that the responsibility for the effects of this law belongs exclusively to the PSD-ALDE coalition which adopted a technocratic bill during the Grindeanu Government, only to subsequently butcher it in the Parliament in which they hold the majority, “with the non-involvement – guilty and complicit – of criminal law professor, rector and constitutional judge Toader.”
“Romania, year 101, day 1. The accomplices to placing society in danger are returning from the parades, removing the tricolour from their necks and starting to do what they know best. Recounting facts in a selective manner is also called lying,” Raluca Pruna wrote on Facebook in response to Tudorel Toader’s posting.
“The bill was fundamentally modified in Parliament, namely: 1. The compensatory benefit was extended from 3 days for each 30 consecutive days served in improper conditions to 6 days for each 30 days albeit non-consecutive; 2. The benefit was extended from rigorous verification per room and convict to the situation registered per penitentiary, to note that there are improper detention conditions; 3. The condition was extended from 3 square meters to 4 square meters,” Pruna points out.
She points out that “Toader, to whom being Justice Minister seems to mean being some sort of Pilate, had been minister in the Grindeanu Government since 23 February 2017.” “True, the Grindeanu Government adopted the bill in January 2017. But Toader was already minister when the bill was discussed in the Senate (adopted on March 13) and subsequently in the House (adopted on 9 May 2017). Hence Toader had the obligation to defend the bill adopted by the Grindeanu Government and to oppose the amendments that have led today to grave consequences for the safety of citizens. Not only he didn’t do this, but he contributed to it through Ministerial Order no.2772/C/October 2017,” Raluca Pruna added.
The ex-minister states that, according to what was rumoured at the time, Toader did not allow ministry experts to go in Parliament and defend the bill. “It would be interesting to see whether someone from the Justice Ministry took part in the proceedings or meetings of any parliamentary committee, during the legislation process. Not from what I know. And I also know that the minister publicly defended the bill and downplayed the devastating effects that were so easy to anticipate. Hence Toader bears the entire responsibility, alongside his masters from the coalition,” she added.
Raluca Pruna went on to say: “Blaming the technocratic Government is only yet another vile action in the long list that history will pin on Toader. The PSD/ALDE coalition bears the exclusive responsibility for the effects of this law. The Grindeanu Government adopted a technocratic bill only to subsequently butcher it in the Parliament in which they hold the majority. With the non-involvement – guilty and complicit – of criminal law professor, rector and constitutional judge Toader. Toader could have withdrawn the bill the moment he found it to be bad or hijacked. But he seems to be cowardly and to lack the courage of taking responsibility.”
“A free lesson from a modest technocrat to the great professor: the impact of a bill is always assessed before the Government adopts it, not during legislative procedure. The law says so, not I the technocrat. I won’t say which law, the professor should search for it. And the point behind assessing the impact is to anticipate what will happen in the future. It’s more difficult, but doable when the legislating is not done on orders,” Raluca Pruna concludes.