fbpx Modifica setari cookieuri

SIMILAR ARTICLES

New Renault boss: “Dacia is a miracle. It’s time for the brand to flourish”

Luca de Meo (foto), the new general manager (CEO) of Renault group, considers that Dacia project proved to be a miracle and that no one… Mai mult

Pentagon transforms Campia Turzii unit into a NATO air hub at the Black Sea

A former Soviet airbase in central Romania could become a hub for US Air Force operations in south-eastern Europe, where the Pentagon is seeking to… Mai mult

Nuclearelectrica shareholders approved to terminate negotiations with Chinese for building reactors 3 and 4 from Cernavoda

Nuclearelectrica’s Board of Directors has been mandated to initiate proceedings to terminate negotiations with China General Nuclear Power Group (CGN), as well as legal effects… Mai mult

Renault holds expansion of its plant in Romania, 15,000 jobs cancelled at global level

“Putting capacity growth projects planned in Morocco and Romania on hold” – is one of the measures included in the draft plan of Renault Group… Mai mult

Romania is a net importer of electricity in 2020 as well

Romania imported an amount of electricity of almost 796 GWh in the first month of this year, by more than 36% above what it exported… Mai mult

High impact provisions: Senate has adopted PSD-ALDE amendments to the Code of Criminal Procedure

de Vladimir Ionescu , 18.6.2018

Senators adopted on Wednesday the draft for amending the Code of Criminal Procedure, by 74 votes for to 28, against.

The bill goes to the Chamber of Deputies, which is the decision-making body in this case.

The amendments were approved last week by the Special Committee for the laws on the judiciary and contain almost all the controversial amendments submitted by the PSD-ALDE coalition.

All these debatable changes are in favour of suspects or even convicts for criminal offenses, as none of them is formulated for the benefit of the victim.

They will complicate investigations, and some provisions voted will even allow for some final sentences to be changed.

Provisions with high impact

  • An amendment that applies retroactively to completed trials – If the court decision was signed by a judge who was not in the formation of the court during the trial, the decisions can be reviewed. The provision will allow PSD leader Liviu Dragnea to remove the suspended sentence he received in the Referendum Case from his criminal record.
  • The appeal court cannot cancel the sentence of the first court which orders for discharging the defendant unless the new evidence is submitted. This new evidence must be evidence that would lead to the dissolution of the discharge solution in the first court to invalidate the reasons for which the discharge was ordered.
  • The length of the prosecution process is limited to one year, which is unique in the world. If prosecutors fail to sue the person concerned during this time, then the file is closed. “Within one year since starting the criminal prosecution on the offense, the criminal investigative body shall be obliged to proceed either with the initiation of the criminal prosecution in on the person, if the legal conditions for ordering such measure are fulfilled, or with the closing of the case at the limitation period.” The amendment is unique in the world and contravenes regulations on the limitation period – for example, there is no limitation period for the acts in murder cases, but if this paragraph appears in the law, a crime will de facto subject to a time-limit of one year after it is committed. Specifically, one year becomes the limitation period for all offenses.
  • Regarding the whistle-blowers who benefit from the provisions on the reduction of the punishment limits, they must make the report within maximum of six months from the date when they became aware of the offense.
  • Intercepted and recorded conversations, discussions or communication that do not concern the offense investigated cannot be used or attached to the criminal prosecution file.
  • Video or audio recordings made by third parties or the persons concerned can no longer be used by the judicial authorities. After the criticism made by magistrates, the coalition introduced an exception – the surveillance cameras, as well as the filming/recordings made in public places, can be a means of proof. The exception was introduced after the magistrates gave the case from the metro as an example of a possible effect – the case of a woman who killed a young woman pushing her on the rails just before the train arrived and she was identified and prosecuted because of the surveillance cameras that captured the crime.
  • During the criminal prosecution, public disclosure of any information relating to the acts and persons subject to the proceedings is prohibited. “During the criminal prosecution or the trial, the criminal investigation authorities or the court may publicly disclose details of the criminal proceedings only when the data provided justifies a public interest provided by the law or that is necessary in the interest of discovering and finding out the truth in the cause”. This exception was introduced on Thursday, also following the criticism from the magistrates – we would have been the only country in the world that could not have the faces and identity data of people wanted at the national or international level displayed during the investigation, but only after the conviction. For example, in the case of a terrorist attack.
  • Criminal suspicions are no longer sufficient to trigger criminal proceedings, but “solid evidence” is needed. Similarly, technical supervision is ordered by the judge of rights and freedoms when there are reasonable indications of a crime being prepared or committed.
  • The arrest becomes illegal if the person is not convicted or if the act is decriminalized, which will put pressure on the magistrates because they will be accountable in such situations. “This is very serious, because the rationale for the preventive arrest, for example, is one, and the rationale for conviction is something different,” explained the USR Deputy Stelian Ion.
  • The hearing of a person cannot take longer than 6 hours in 24 hours, and the 6-hour periods cannot be consecutive as an interval of 12 hours is required between them.
  • Judicial control cannot exceed 190 days (30 plus 160), which will allow those who want to escape or even delay the prison sentence enforcement to leave the country, given that it is impossible to complete the investigation and the trial within this term.
  • Preventive arrest can only be ordered if the evidence shows that the defendant has committed an offense and there is one of the following three situations: the defendant fled to evade the prosecution or the trial, he made any kind of preparations for such acts, the defendant attempts to influence another participant in committing the offense, a witness or an expert, or to destroy, alter, hide or evade material evidence or make another person to have such behaviour; he exerts pressure on the injured party or tries to make a fraudulent deal with her; if there is a reasonable suspicion that, after the criminal action started against him, the defendant intentionally committed a new offense or is preparing a new offense.
Mergeți în homepage ›

Publicat la data de 18.6.2018

Lăsați un comentariu


NEWS

New Renault boss: “Dacia is a miracle. It's time for the brand to flourish"

Luca de Meo (foto), the new general manager (CEO) of Renault group, considers that Dacia project proved to be a miracle and that no one… Mai mult

Pentagon transforms Campia Turzii unit into a NATO air hub at the Black Sea

A former Soviet airbase in central Romania could become a hub for US Air Force operations in south-eastern Europe, where the Pentagon is seeking to… Mai mult

Nuclearelectrica shareholders approved to terminate negotiations with Chinese for building reactors 3 and 4 from Cernavoda

Nuclearelectrica's Board of Directors has been mandated to initiate proceedings to terminate negotiations with China General Nuclear Power Group (CGN), as well as legal effects… Mai mult

Renault holds expansion of its plant in Romania, 15,000 jobs cancelled at global level

"Putting capacity growth projects planned in Morocco and Romania on hold" - is one of the measures included in the draft plan of Renault Group… Mai mult

Romania is a net importer of electricity in 2020 as well

Romania imported an amount of electricity of almost 796 GWh in the first month of this year, by more than 36% above what it exported… Mai mult

Shareholders of Galati steel plant promise investments of one billion euros

GFG Alliance has committed to invest one billion euros to upgrade Galati steel plant in order to reduce emissions and increase production. Another EUR 1… Mai mult

Transport Ministry announces it has sent to Brussels the financing request for Sibiu - Pitesti highway

The Transport Ministry, as the Intermediate Body in Transport, approved the financing request for the project "Construction of Sibiu - Pitesti highway", Sections 1, 4… Mai mult

Romania and Juncker Plan: EUR 720 million attracted, of which 35% by Transgaz for BRUA

(The map of investment financed through Juncker Plan, by GDP share. Darker colours mean higher shares) The operator of national natural gas pipelines, Transgaz (TGN)… Mai mult

Top 3 reasons why young people leave Romania

Lack of trust in authorities, corruption and low living standards are the main reasons why young people leave Romania. The data is part of a… Mai mult

IMM Invest Romania – program implementing rules have been published

The Ministry of Public Finance announces that it has issued the methodological norms for the implementation of the Program for supporting small and medium-sized enterprises… Mai mult

Pollution import and car park expansion: comparisons with the other EU states

Romania is the EU country with the fewest cars in terms of the number of inhabitants, according to data recently published by Eurostat. We appear… Mai mult

Government is trying to save budget deficit: reductions in public administration system, cancellation of bonus for harmful conditions, excise duty on soft drinks

The Government is preparing the public for the first measures aimed at avoiding the budget slippage, which would be applied by the PSD-ALDE government. News… Mai mult

Laura Codruta Kovesi remains alone in the race for European Chief Prosecutor

French Prosecutor Jean-Francois Bohnert will be appointed as head of the European Financial Prosecutor's Office, a position for which he was heard on Thursday, 11… Mai mult

Romania - EU country with highest risk of dying in a road accident, Bulgaria is quickly decreasing number of victims since it built motorways

Romania recorded the highest road deaths in the EU also last year, with 96 deaths per one million inhabitants in 2018, almost double the EU… Mai mult

Latest developments in progress at Health Ministry: Differentiated wages based on performance, competitions organised at a regional level not by hospitals

Sorina Pintea announced on Thursday further new changes that will be brought to the functioning of the health care system, including new rules for employment… Mai mult

ANAF changes selection procedure for liquidators. Main changes

The new order on approval and selection procedures for insolvency practitioners is an important step to a very good direction, industry experts say. ANAF is… Mai mult