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26 martie, 2024

12 iunie, 2017

Florin Iordache’s views have been fought also in the past

PSD Deputy Florin Iordache, former Justice Minister, said on Thursday that the 200,000-lei threshold for the abuse of office could be maintained or it could be increased to 400,000 lei.

Why? „To not allow any more criminal case files without any sense” is the argument of the PSD Deputy.


During his visit on the other side of the Atlantic, President Klaus Iohannis announced that he has not reconsidered his initial point of view – that is, he disagrees with this concept – and that „he looks forward to the outcome.”

In the matter of establishing a threshold above which the abuse of office can generate criminal consequences, there are differences of approach even between the legislative and the executive branches of the ruling coalitionwhile the „spearhead” of the amendments to the criminal law, Florin Iordache, asks for the issue to be solved by emergency ordinance, both the Prime Minister and the Minister of Justice only see the solution of a bill assumed by the Parliament.

Florin Iordache: It should be high enough, to not allow any more criminal case files without any sense

The threshold of 200,000 lei can be maintained or can be increased, even to 400,000. There were discussions at that time with the specialists, the 200,000 threshold is not accidental. We have started from 2 million, the maximum amount stipulated in the Criminal Code and said that 10% of that maximum amount would represent a minimum threshold. We are waiting for the draft from the Ministry of Justice and depending on what threshold or consultations they will make …, but it is clear that a threshold should be set,” Iordache told at the Palace of Parliament, when was asked to give an opinion about the CCR decision on establishing a threshold for the abuse of office.

Asked why the threshold exists, Iordache replied, referring to the recent CCR decision: „Well, not even now, when is it explicit? Now it is emphasized, and it will also be seen in the Court’s reasoning that it is mentioned very clearly.” Besides the technical reasoning, the PSD Deputy also has a personal explanation: „It should be high enough, to not allow any more criminal case files without any sense!

Klaus Iohannis: I do not believe it is possible to set a threshold


I have expressed myself on this issue and have not reconsidered my point of view, but certainly the law specialists will debate this issue and, as we hear, the Government will also come up with proposals. I look forward to the outcome,” the head of state said in Washington.

President Klaus Iohannis’s initial opinion was presented on May 18, when he said he did not consider appropriate to introduce a threshold for the abuse of office because the crime either has or has not been committed, and the judge is to decide that.

I believe there is no good either to set a threshold and I do not believe that is possible to set a threshold. After all, the abuse of office either has or has not been committed. Or, if the abuse would be committed, the judge will certainly be able to also assess what the sanction should contain. In my opinion, introducing a threshold, no matter how calculated, would be arbitrary and I do not believe that would help,” the President said at the time.

CCR has passed the matter into the hands of the Parliament

The Constitutional Court decided on Tuesday that it is up to Parliament to impose a threshold for the abuse of office, following the discussion on the exception of unconstitutionality of an article of the Criminal Code covering the abuse of office offense.

The Constitutional Court (CCR) dismissed on Tuesday as inadmissible the exception of unconstitutionality regarding the abuse of office referring to the „misconduct of service duties” phrase, raised by Liviu Dragnea’s former wife Bombonica Prodana.

Regarding the matter of setting a minimum threshold, the CCR specified that this issue does not come within its responsibility, indicating that the legislator should solve the problem.

How reasonable will Ministry of Justice be?

The Minister of Justice Tudorel Toader announced on Wednesday that a „reasonable” threshold would be set for the abuse of office offense, following the debates involving law specialists and civil society representatives.

Also, Prime Minister Sorin Grindeanu said on Wednesday that the Government will wait for the Constitutional Court’s reasoning on the decision made the previous day on the abuse of office, noting that he already discussed the topic with the Minister of Justice Tudorel Toader.

This bill, not an ordinance, not anything else, this draft law that will receive the Government’s opinion should strictly refer to the decisions of the Constitutional Court„, the Prime Minister mentioned, adding that he had a discussion on the subject with the Minister of Justice after the CCR’s decision.

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