The Constitutional Court (CCR) ruled on Wednesday that abuse of office can be recognized as a criminal proceeding and without a value threshold, leaving judges to decide on the seriousness of the act, according to Judicial sources informed HotNews.ro about this. According to them, the CCR accepted the appeal to the ICCJ regarding the Criminal Codes, having identified problems with the provision on the restoration of NRI in criminal proceedings.

Constitutional Court of Romania (CCR)Photo: AGERPRES

Thus, the new codes are returned to the parliament for amendments.

As a reminder, the amendment that regulated abuse of services without a cost threshold, after the Senate initially restored GEO 13 and set a threshold of 250,000 lei, was challenged in the CCR by the Supreme Court.

New amendments to the criminal code were adopted by the parliament on April 5, without establishing the limits of criminal liability for abuse of official position, although the Constitutional Court demanded it. In addition, the DRI returns to the investigation of criminal cases, more precisely, the interception of the DRI, made on the instructions of the national security and in the case of corruption cases can be used as evidence, according to the adopted new amendments. This is in view of the fact that the KKR has decided in several decisions that this cannot happen.

First, the Senate voted for a law with a threshold of 250,000 lei for abuse of office, restoring the practice of Ordinance 13. After a scandal in the public space, Minister Predoyu proposed a new threshold of 9,000 lei, and finally the Legal Committee of the Chamber Convention. Deputies refused any threshold, thus giving an opportunity to challenge the provisions in the Constitutional Court.

  • WITH THE CRIMINAL CODE ADOPTED BY PARLIAMENT, SEE HERE
  • HERE IS THE CRIMINAL PROCEDURE CODE ADOPTED BY PARLIAMENT

On April 11, the Supreme Court of Cassation decided to refer the Constitutional Court to the review of laws on amendments to the Criminal Code and the Criminal Procedure Code, arguing that the decisions of the Criminal Code are not enforced in the case of regulations on abuse of office and negligence in office. In addition, the High Court magistrates appealed against a provision of the Criminal Procedure Code which reintroduces the Romanian Intelligence Service in criminal proceedings in that SRI intercepts can be used as evidence.