Amendments to the Criminal Code discussed in camera …

The bill amending and supplementing Law No. 286/2009 on the Penal Code, as well as Law No. 78/2000 on the Prevention, Discovery and Punishment of Corruption, falls on Wednesday in the House of Commons. deputies

. have decided that a final voting session should be held in plenary from 1 pm, according to Agerpres. Wednesday's agenda was for the plenary debate and the final vote was to take place on Thursday

The proposal on the final vote was made by PSD leader Daniel Suciu and passed by 90 votes "for" and 40 against.

On Tuesday, the Criminal Code amendment bill was passed by the Senate Plenum as the first chamber of the Senate with 74 votes in favor, 28 against and nine abstaining, after a tense session in which the opposition tried to leave power without a quorum, but that was not possible because the UDMR senators came into the room so that the audience could continue, reports News.ro.

Read: The New The Penal Code goes to the final vote The amendments adopted by the Senate and received favorably by the Iordache commission

After the vote in the Senate, the Special Commission on Judicial Law chaired by PSD MP Florin Iordac he he met again and presented an admission report on amendments to the Penal Code, necessary before the legal debate in the Chamber of Deputies. The law has not undergone any major changes to the form adopted by the Senate, the amendments of the PNL and USR being rejected, but also an amendment proposed by the UDMR for the redefinition of the abuse of service

The most important amendments to the Penal Code

passed on Monday the amendment of Article 297 of the Penal Code concerning the abuse of power, so that the Offense is not punished if the damage is up to the gross minimum wage – 1900 lei. In addition, it is considered an abuse in the service if the purpose is to obtain undue material gains for oneself, one's husband or relatives up to grade II. During the debate, Oana Florea, PSD MP, proposed to abolish the abuse of power

The special commission also removed from the abuse of service the drafting, issuance or publication. Approval of the legislative acts of Parliament and the Criminal Code on negligence in the service has been repealed. At the same time, the commission decided to amend the Criminal Code definition of the organized crime group in that it does not constitute an organized criminal group formed occasionally by a group to commit one or more crimes immediately and without continuity.

in the performance of service duties, expressly governed by laws, government orders or emergency orders, who refuse to perform an act or performs in violation of these regulated duties , express provisions of a law, Emergency Ordinance or Ordinance by the Government, in order to obtain, on its own account, spouse, parent or affinity up to the second degree, an advantage undue material and thereby cause actual and certain harm greater than the equivalent of a minimum gross salary in the economy or an infringement of a person's legitimate non-property rights or interests. physical "

The current form of abuse of office does not provide for a threshold from which the act is not punishable by criminal law:" The fact of an official who , in the performance of his professional duties, does not act or fails to do so and thus causes damage or injury to the legitimate rights or interests of a natural or legal person is liable to damage. a sentence of imprisonment 2 to 7 years and prohibition of the exercise of the right to occupy a public office, "written in the current form of the crime of abuse of service in the Criminal Code. "

In addition, the Special Commission for the modification of the laws of justice in service, to draft, publish or approve normative acts of the Parliament and the Government. Thus, on the proposal of the PSD, an amendment was adopted to the effect that paragraph 3 of Article 297 (on the abuse of power) provides: "The provisions of paragraphs 1 and 2 do not apply to the preparation, issuance or approval of acts "

In addition, the PSD adopted another amendment of the PSD, introducing new paragraphs to Article 308 of the Penal Code, according to which the penalties for corruption offenses are halved [19659009] "(3) If the offenses provided for in art. 295 and 297-300 caused property damage and the offender fully covers the damages caused during the criminal proceedings or the trial, until the final decision of the court remains, the limits provided for in s. . (2) is halved. (4) The provisions of subsection (3) apply to all persons who have jointly committed any of the acts referred to in subsection (1), regardless of whether the payment was made by a single person or part of it ", provides for the amendment adopted.

The Special Committee also decided to repeal Article 298 of the Criminal Code on negligence in the service. PSD and was passed with 12 votes in favor and 2 abstentions. "Violation by an official of the duty of an official to perform a service mission by failing to do so or by not doing so, s & d it causes damage or injury to the legitimate rights or interests of a natural or legal person. punishable by imprisonment from 3 months to 3 years or a fine ", provides for Article 298 of the Criminal Code on negligence in the service, repealed by the Commission

The Special Commission for the modification of the laws of justice also decided to amend the organization in the sense that it does not constitute an organized criminal group formed occasionally by the group in order to commit one or more crimes and without continuity [19659009] "The organized crime group is the structured group of three or more persons who exists for a period and acts in a co-ordinated manner in the cop who commits one or more serious crimes to obtain, directly or indirectly, a financial benefit or Another material advantage is that it is not organized as a criminal group that the group formed occasionally to commit one or more offenses immediately and that has no continuing continuity. ie or predefined structure or roles for its members within the group. A serious offense means one of the offenses provided for in art. 223 para. (2) of the Code of Criminal Procedure, including those for which the law provides for a term of imprisonment of five years or more, "according to the amendment proposed by CSM and taken up by PSD

In the form article 367 of the Penal Code, organized crime is the structured group of three or more persons constituted for a certain period of time and acting in a co-ordinated manner with a view to committing one or more offenses

The Commission also amended the periods of prescription in – an amendment of Senator ALDE Steluţa Cătăniciu. Paragraph 1 of Article 154 has been amended as follows: "(1) The limitation periods for criminal liability are: (a) 15 years, when the law provides for the offense of criminal liability; imprisonment for life or imprisonment for more than 20 years; 8 years, when the law states that the offense is punishable by a term of imprisonment of more than 10 years but is not punishable by imprisonment. not exceeding 20 years c) 6 years when the law provides for the offense punishable by a prison sentence of more than 5 years but not exceeding 10 years d) 5 years, when the law provides imprisonment for more than one year but not exceeding 5 years e) 3 years, where the law provides for a term of imprisonment not exceeding one year or one year. fine ".

In addition, on the proposal of the Department of Justice, the Committee also amended section 112, index 1, on expanded confiscation: "Other property is liable to forfeiture under the Act. Article 112 when a person is sentenced to a sentence, to give up the sentence or to postpone the punishment for an act likely to obtain a material benefit and for which the penalty provided by the law is there imprisonment for 4 years or more, the court is satisfied on the basis of facts and evidence that the property in question arose out of criminal activity, and the conviction of the court may also be based on the disproportion between the legal income and the wealth of the person. "

On Thursday, the Iordache Commission voted a hundred amendments, and the Committee repealed letters d) and g) of Article 112, paragraph 1 of the criminal code, in the sense that for money laundering or the constitution of Criminal group, there is no greater confiscation. Another amendment provides for the reduction of all the deadlines provided for in the Penal Code for the granting of parole. For sentences of less than 10 years, parole is ordered after the execution for half the duration, and for convicts who have reached the age of 60, release is ordered after the age of 60. execution of only one-third of the sentence.

Another amendment adopted by the Iordache Commission, on the proposal of the Forum of Judges, provides that extenuating circumstances are provided if the material damage caused by the offense, in the context of criminal proceedings or trial, is entirely covered until the author did not benefit from this circumstance in the five years following the act. In addition, if one or more criminal laws are applied from the offense until the end of the trial, the most favorable law is applied in its entirety and can not be combined with successive laws, it provides for another amendment adopted by the committee.
Last week, the commission decided that the ex-husband was a member of the family. For example, in section 177, a family member refers to a spouse or former spouse or persons who have similar relationships with these spouses or between parents and children. In the current form, a family member, according to the Criminal Code, is a spouse or persons who have established similar relationships with these spouses or between parents and children who live together

A new protest against the amendments to the Penal Code is announced on the Place de la Victoire, capital of 19:00 under the slogan "Decisive Day for Romania, protest, do not ride!" July 4 is the decisive day! Tomorrow, the Chamber of Deputies vote in the Chamber of Deputies! The Chamber of Deputies is at the decision, so after this vote, we go to the promulgation of the President … We can not protest with lights, baby, flowers, etc. Corruption Kill again Yesterday evening (2-3 July), the young Calin Farcas, who raised 200,000 euros for the operation, died because of this corrupt system, the Penal Code and the Code of Procedure have passed / President to the promulgation: Thanks to the Romanian government (PSD-ALDE), Roşia Montană has been removed from the list of UNESCO heritage, "announces the announcement on the Facebook page of the event. [19659909] In the evening of Victoire, several hundred people protested