​Nine non-governmental organizations claim that the draft law proposed by Prime Minister Nicolae Chuke and Interior Minister Lucian Bode, to increase the punishment for insults and violations of public order and peace, by abolishing the possibility of fines, introduces “disproportionate sanctions that may unduly limit freedom of assembly and the right to free expression of views.”

In an open letter, NGOs claim that the legislative initiative is “mirrored” with the PSD proposal from 2017, which, however, was not implemented due to public backlash.

Nine public organizations demand to reject the draft law.

​Prime Minister Nicolae Chouquet and Interior Minister Lucian Bode have submitted a draft law that would eliminate the possibility of fines in case of insult or violation of public order. These crimes will be punishable only by imprisonment.

The legislative proposal, signed by Chuke and Bode, aims to make several changes to the criminal code.

In the explanatory statement, they justify their proposal to abolish the fine for insult by the fact that this crime, being “directed against those who are called to protect victims, ensure compliance with the law, maintain an adequate climate of coexistence or administer justice.” , it “echoes in society, causing fear of a conscientious citizen, as well as a decrease in his trust in state institutions, which ultimately results in restrictions on the realization of various rights and interests of the citizen.”

Violation of public order and peace is punishable by imprisonment for a term of up to 7 years, if the act is committed by two or more persons.

A fight is also punishable by up to three years in prison.

READ THE REASONS HERE

READ THE BILL HERE

Civil society open letter:

“The National Liberal Party (PNL), in the voice of the general secretary of Mr. Lucian Bode announced a bill to increase the penalties under the Criminal Code for certain acts such as offensiveness and disorderly conduct. The draft law is accepted by the president of the party, Mr. Nikolay Chuke, and Mr. Sam Bode, as a parliamentarian.

This proposal draws attention to the intention to change Article 371 of the Criminal Code regarding violation of public order. The same approach was tried in 2017, initiated by the PSD. We display the current form of the article, the amendment proposed by the PNL, as well as the amendment proposed by the PSD in 2017, through the voice of Mme. Carmen Dan (Minister of the Interior at the time, like Mr. Bode):

It is not at all surprising that Mr. Ciucă and Bode do not look original, but plagiarized, this time after PSD.

Both proposals are aimed at strengthening sanctions, increasing the term of imprisonment and abolishing the possibility of applying only a fine. The PNL goes further and also proposes certain aggravating circumstances that further increase the penalty.

We strongly oppose this proposal as it would introduce disproportionate sanctions that are likely to limit freedom of assembly and the right to free expression.

Let’s imagine the following situation: a group of angry citizens gathers in front of the Government and loudly shouts: “Go away! ha! To prison, mobsters! Tsikuk investigated! Bode is a thief!” and the like, things that are usually shouted at a protest.

Analysis of power:

– roars, therefore disrupts public peace;

– they threaten imprisonment and cause serious damage to the dignity of the citizens of Ciucă and Bode;

– two or more of them.

Conclusion: deprivation of liberty from 2 to 7 years.

In 2017 PSD through Ms. Carmen Dunn, had the slightest reluctance to send the proposals to the Department of Justice for evaluation. After the reaction of the public, as well as the analysis of MU specialists, everything stopped at this. In 2023, the PNL, through the Chuke-Bode couple, sends the project directly to parliament, where the decision is purely political and no longer passes the evaluation (and approval) of lawyers.

We remind the leaders of PNL and the provisions of Law No. 1000. 24/2000 regarding the rules of legislative technique for the development of normative acts, in Art. 7, par. (3^1): Legislative proposals, draft laws and other draft normative acts must be accompanied by a preliminary assessment of the impact of new normative acts on basic human rights and freedoms.

Never on their initiative Mr. Chuke and Mr. The Bodes couple did not show the slightest concern for basic rights and freedoms, much less for the observance of the law.

We strongly urge the Romanian Parliament to reject this new proposal to amend the Criminal Code, which aims to limit the freedom of assembly guaranteed by Article 39 of the Romanian Constitution.

Signatory organizations, members of the Coalition “For the Citizen” NGO Group and their partners:

Active clock

ACCEPT the association

MozaiQ LGBT Association

Association of Technology and the Internet – ApTI

Respiro Association

Rise OUT Association

Center for public innovation

CeRe: Resource Center for Public Participation

“Spiritual Police”