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April 11, 2021
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Compensatory remedy law and its effects, theme of tough debate in society. President demands from Gov’t in-depth analysis, solutions. JusMin Toader: JusMin Toader: Compensatory remedy law was promulgated by the President, without notifying Constitutional Court. We are analyzing the consequences of deeds committed by the beneficiaries of compensatory remedy law

President Klaus Iohannis on Wednesday asked the government to proceed within short to an in-depth analysis on the issue of the compensatory appeal and come up with solutions, emphasizing that the parliamentary procedure to correct the legislation can be fast initiated.

“I am asking the government of Romania to proceed within short to an in-depth analysis and come up with solutions,” the President said, adding that “the solutions must come from the government, from the Minister of Justice. The relevant parliament procedure can be fast initiated, the legislation can be corrected. The only unacceptable thing is to seek for the guilty instead of looking for solutions,” Iohannis said at the Cotroceni Palace.

According to the head of state, the safety of the citizen is non-negotiable.

“Many have noticed and there has been a lot of talk in various broadcasts and other media about offenders who were released before the completion of the sentence term, based on what is called the compensatory appeal, ie they were released sooner because of the bad conditions in Romanian prisons. This was possible under a law that is in force. Yet on the other hand, I must state this very clearly – the safety of the Romanian citizen is non-negotiable, therefore we have to quickly draw some conclusions and come up with measures that allow the common citizen to be at peace in his home, free of the fear that a released convict could break in,” said Iohannis.

The President pointed out that the solution to this problem is not seeking for those to blame in previous governments and other majorities.

“I have noticed multiple stances, both in the government and in the parliamentary majority, but also in the opposition, and they all resemble each other: they are looking for who is to blame for this law. I clearly tell you: this is not the solution. Looking to cast the blame on other governments and majorities has never solved any problem. Therefore I am asking the Romanian government to proceed within short to an in-depth analysis and to come up with solutions. I repeat – I am asking the government to proceed to a thorough look at the matter and present solutions. These solutions must come from the government, from the Ministry of Justice. The relevant parliament procedure can be fast initiated, the legislation can be corrected. The only unacceptable thing is to seek for the guilty instead of looking for solutions. (…) I urge the Romanian government to promptly come up with solutions to this issue,” Iohannis said.

 

JusMin Toader: Compensatory remedy law was promulgated by the President, without notifying Constitutional Court

 

Minister of Justice Tudorel Toader on Wednesday stated that the Law on compensatory remedy was voted by all parties, including by the PNL (National Liberal Party) and USR (Save Romania Union), and it was promulgated by President Klaus Iohannis without notifying the Constitutional Court in relation to it.

“The Law on compensatory remedy was initiated by the technocratic government and it was approved by the CSM (Supreme Council for Magistrates), in its previous composition, which CSM, however, asked for the change of the legal nature of this regulation. The Law was supported and voted including by the PNL and USR MPs. The Law was promulgated by the President without filing any notification with the Constitutional Court in relation to it. The Law was criticized during the a priori check of it, but the constitutional challenges were rejected,” Tudorel Toader told a press conference.

 

“We are analyzing the consequences of deeds committed by the beneficiaries of compensatory remedy law”

 

Toader on Wednesday also stated that in the next days there will be analyzed the causality, structure and consequences of the deeds committed by the beneficiaries of the compensatory remedy law, following on Monday to present the results to Prime Minister Viorica Dancila.

“Today we had a meeting with Mrs Prime Minister to discuss the compensatory remedy law, namely the legislative process and the consequences of this law. In the next days we are going to make a general analysis of the dynamics of the criminal phenomenon and also an evaluation of the statistical data provided by the ANP [National Administration of Penitentiaries] regarding the beneficiaries of the provisions of the compensatory remedy law. We will analyze the causality, structure and consequences of the deeds committed by the beneficiaries of the law on compensatory remedy and, on Monday morning, we will have another meeting with Mrs Prime Minister. We are going to present her the results of this evaluation, the legislative and non-legislative proposals that could be made,” Tudorel Toader specified at the Ministry of Justice headquarters.

 

“Perpetrator in Medias is not among those who benefited from compensatory remedy law”

 

The Minister of Justice, Tudorel Toader, on Wednesday stated that the perpetrator in Medias is not among those who benefited from the compensatory remedy law.

“One thing I want to specify. The perpetrator in Medias is not among those who benefited from the provisions of the compensatory remedy law,” Tudorel Toader told a press conference.

A young man was killed in the night between January 12 and 13 in front of a bar in the Medias municipality, three men being arrested in this case.

The Prosecutor’s Office attached to the Sibiu Court maintains that two of the offenders were released based on the compensatory remedy law and the third one was also a recidivist.

 

PNL’s Orban: I ask Parliament to be convened in extraordinary session; compensatory remedy law must be amended or abrogated

 

National Liberal Party (PNL) leader Ludovic Orban on Wednesday asked that Parliament be convened in extraordinary session, to discuss about the modification or abrogation of the compensatory remedy law.

“Considering how serious this situation is, we cannot wait for weeks for a solution to be found to the problem caused by the current Government. (…) We ask that an extraordinary session of Parliament be convened immediately. I ask the speakers of the two chambers – not Mr Dragnea and Mr Tariceanu, who are on leave, but the ones they left in charge in their places, Mr Iordache and Mr Manda – I ask them to immediately convene an extraordinary parliamentary session to either modify this law and to prevent the release of violent detainees, the ones who committed violent acts, murders, rapes, robberies and other types of crimes, either to abrogate this law on compensatory remedy,” Orban told a press conference.

He also added that “life, physical integrity and private property of each Romanian citizen are endangered by the PSD-ALDE Government [ruling coalition, made of the Social Democratic Party and the Alliance of Liberals and Democrats], which released more than 11,000 detainees before term, without any kind of measures of social reintegration of these people, without any kind of measure regarding the possibility of ensuring some form of surveillance for these detainees who were freed or a follow up on their reintegration into their society.”

“There are serious cases of murders, rapes and other violent crimes that occurred lately. This is a proof that criminality has increased and, unfortunately, of the serious crimes committed by those who were released before serving their time by the PSD-ALDE Government through the back door of penitentiaries, while the whole responsibility for this dramatic situation belongs to the current Government, which governs for criminals and works against the honest Romanian citizens, who observe the law and are normal in a society,” added Orban.

The PNL leader also transmitted to the Government to take urgent measures to strengthen the probation service, which must ensure the further surveillance of the ones released from prisons, and to cover all the other responsibilities that the probation service must cover.

“We ask that the empty jobs in the Police be immediately filled. Because of the stupidity of the Government, who modified the pension low and allowed, at the same time, through the decision of the Minister of Interior, Carmen Dan, for thousands of policemen to retire, right now the Police no longer has the capacity to accomplish its mission,” added Orban.

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