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May 17, 2021
POLITICS

CCR rejects notification filed by PNL and USR on the law that decriminalize corruption deeds

The Constitutional Court rejected on Wednesday the notification filed by PNL and USR, by which they claim that the draft law adopted by the Parliament amending the Law no.78/2000 on preventing, discovering and sanctioning the corruption deeds is not harmonized with a previous decision of CCR.

Therefore, the law adopted by the Parliament has been declared constitutional by the judges of the Court.

On May 2, the groups of the PNL and USR MPs submitted a complaint to CCR related to the amendments to the Law no.78/2000 on preventing, discovering and sanctioning the corruption deeds.

The Opposition parties motivate, in the constitutional challenge on the amendment of Art.12 of the Law no.78/2000, that the normative act breaches the Fundamental Law, through the provisions decriminalizing “the deeds mentioned by let. a) and b) of Art.12 if the deeds are committed in order to obtain money, goods or other benefits for another person, as well as if the deeds are committed in order to obtain for himself other benefits than the material ones”.

“We find that, during the review procedure of the Law amending and supplementing Art.12 of the Law no.78/2000 on preventing, discovering and sanctioning the corruption deeds. (PLx no.340/2018), as a result of the Constitutional Court’s Decision no.584/25.09.2018, the Romanian Parliament ignored some general reasons in the abovementioned decision, which affects, from a constitutional perspective, the content of the sole article as it was adopted by the Parliament after the review”, reads the PNL and USR complaint sent to MEDIAFAX through a press release.

The normative act was adopted by the Deputies’ Chamber in the session of April 16, 2019, as the decisional body.

A new paragraph will be introduced in the Law amending Article 12 of the Law no.78/2000 on preventing, discovering and sanctioning the corruption deeds: “(2) For the purposes of this Law, the financial operations consist of operations involving capital movement, banking, foreign exchange or loan operations, funding operations, stock exchange, insurance, mutual funding or related to bank accounts and similar accounts, domestic and international commercial transactions. To be carried out as commercial actions, financial operations must be an intermediating action in the movement of goods, made by an organized and systematic manner, in order to gain profit”.

On September 25, CCR admitted President Klaus Iohannis’ notification on the amendments brought to the Law on preventing corruption deeds.

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