Prime Minister Marcel Çolaku is taking a step back and saying he is ready to amend the amnesty law for tax evaders, which he co-sponsored with Nicolae Chuke, and which provides that those who break the law but pays damages, now increased to 1 million euros, escape from prison. “If the prosecutor’s office tells me it’s bad, I have no problem changing it,” Cholaku said before the cabinet meeting.

Marcel Cholaku makes statements to the press in the government Photo: Inquam Photos / George Calin
  • “If the experts of the General Prosecutor’s Office have other points of view, we will correct it. An assessment was made that what had worked until now was nonsense. Other states made these assessments before us, and it turned out that the priority of any state is to collect money.
  • If the prosecutor’s office tells me that it’s bad, I change it without any problems. Bayern Munich boss Shakira, Messi, everyone got double money and that’s it. Not that we charge 15%, but we charge interest, interest plus 15%.
  • Do you want us to plant them? I don’t have a problem, but the problem is that I haven’t fucked anyone in the last 10 years. Ah, Gicke Popescu, ok, I hit it! And he paid for the damages. The subject is false!”, said Marcel Cholaku before the government meeting.

It will be recalled that on Tuesday the parliament voted for a bill that reduces fines for those who cause losses of up to one million euros due to tax evasion. If caught, they can avoid criminal liability entirely if they pay damages plus 15%.

USR and Forţa Dreptei notified the Constitutional Court on Wednesday of the Ciucă-Ciolacu law, which exempts tax evaders from criminal liability if they pay damages of less than one million euros.

Marcel Cholaku also said on Wednesday that in fact “decriminalization of facts does not exist”.

  • “They broke the law, and if they break it a second time, they are in prison. I was not the initiator, it was an amendment. I am neither a judge nor a prosecutor. I’m not interested in putting anyone in jail. My responsibility is to make a sustainable budget. I am interested in the money they have to return to me,” the prime minister said.

Those who steal between €100,000 and €1 million but return the money go unpunished. which involves the Ciolacă and Ciucă project

The purpose of the bill is to regulate some measures to strengthen the ability to combat tax evasion. The opposition accuses the PSD and PNL of decriminalizing tax evasion and points to an article that says those who steal between €100,000 and €1 million but return the money go unpunished.

New amendments made to the Chamber of Deputies, which provide for sanctions in case of committing a crime provided for in Article 6.1, Article 8 or 9:

  • “If by the first term of the trial the damage caused is fully compensated, then by actual compensation the limits of the punishment provided by law for the committed act are reduced by half.
  • If the damage caused and compensated under these conditions is up to 1,000,000 euros inclusive in the equivalent of the national currency, a fine may be applied.”

The provision was introduced in the Senate. In the initial version of the bill submitted by Marcel Čolaku and Nicolae Chuke, it was about the amount of 100 thousand euros, and not 1 million euros, as the senators introduced.

  • VERSION DEVELOPED BY THE SENATE

In the bill being discussed in the Chamber of Deputies, in the report of the specialized committee, Article 10 provides:

  • “(1) In the case of committing a crime provided for in Article 6.1, Article 8 or 9, if before the expiration of the maximum 30-day period from the moment of completion of the control carried out by the competent authorities, after which the loss at the expense of the general budget is individualized on a consolidated basis up to 15% of its value, to which interest and penalties are added, is covered in full, by actual payment the act is not punished.In this case, the competent authorities do not inform the criminal investigation authorities.
  • (2) In the event of the commission of a crime provided for in Article 6.1, Article 8 or 9, if the damage caused is fully covered by the actual payment before the first court term, the limits of punishment provided by law for the committed act shall be halved. If the damage caused and compensated under these conditions is up to and including 1,000,000 euros in national currency equivalent, a fine may be applied.
  • In the case of committing a crime provided for in Part 6.1 of Art. 8 or 9, if after the end of the first judicial term and before the final decision in the case is made, the damage caused is fully compensated by actual compensation, the limits of punishment provided by law for the committed act are reduced by one third.”

The new amendment, introduced at the plenary session and read by PSD MP Štefan Popa, provides for:

  • “Damage will be determined based on the results of a special examination. The suspect, the accused has the right to participate in the examination.”
  • THE FINAL VERSION WAS ADOPTED BY THE CHAMBER OF DEPUTIES

Currently, Article 10 of the current law provides for a fine if the damage does not exceed 100,000 euros.

Another controversial change introduces more favorable mitigating circumstances than is possible under the Criminal Code, and softens the granting of mitigating circumstances not to the first term, but to the final sentence.

Another provision allows the termination of any criminal proceedings against a person who evades taxes of less than €1 million (net), but pays the full amount plus 25% (during a criminal investigation), 50% pending a judgment in the first instance. or 100% until a final decision is made.

  • “In the case of committing a crime provided for in Art. 6.1 of Art. 8 or 9, if after the first court term and before the final verdict in the case the damage caused is fully covered by the actual compensation, the limits of punishment provided by law for the committed act are reduced by one third”, the changes are noted.

At the same time, the draft law introduces a new crime punishable by imprisonment from 7 to 15 years: “submission of correct declarations, correct electronic VAT declarations for the purpose of fraudulently disguising non-payment or establishing unlawful rights to VAT reimbursement”.

USR deputies demanded that the Ciucă-Ciolacu project be re-sent to the committee, as Tuesday’s vote violated several provisions of the Chamber’s Rules of Procedure. The PSD and PNL refused, quickly passing the initiative to the Chamber of Deputies, less than 24 hours after the vote in the Senate.

  • “A good tradition in the Romanian Parliament speaks of this: PSD before Christmas, at the last regular meeting, puts all kinds of lizards on the agenda. This is one of them.
  • The law should be called the law on the protection of large tax evaders and against the honest business environment in Romania.
  • See what you voted for. You help the big evaders from 100,000 euros to 1 million euros, you put money in your pocket, you cause damage, and if the control authority comes, you pay them the next day and escape without a single lei of criminal fine at least, without any sanctions. Moreover, to reduce the punishment for evaders,” said UDR MP Stelian Ion.