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President Klaus Iohannis sent to the CCR a petition of unconstitutionality for the law amending and supplementing Law 286/2009 on the Penal Code, as well as Law 78/2000 on the prevention, discovery and punishment acts of corruption
"The manner in which it was debated and adopted, the said law violates the provisions of Article 61 paragraph (2), Article 66 (2) and (3) of Article 75 (2), as well as those of Article 147 (4) of the Constitution, and by the legislative content, the law to amend and supplement the Law 286/2009 on the Code. criminal law, as well as Law 78/2000 for the prevention, detection and punishment of acts of corruption contravene constitutional norms and principles. "
According to the Head of State, this law was adopted at the time of A special session of the House of Commons D eputeths unconstitutional. The normative act was not expressly inscribed on the agenda of the extraordinary session, its existence on the agenda of the present House could not be presumed implicit because, at the moment to convene the forum in extraordinary session, it had not been adopted by the Senate. The Permanent Bureau of the Chamber of Deputies completes the Head of State.
He points out that certain provisions of the law violate the decisions of the CCR, indicating the changes made in "the application of a more favorable criminal law until the final judgment of the case"
, by limiting by the legislator the criminalization of the offense committed by omission only if the obligation to act is expressly provided for by law, eliminating the obligation of a contractual nature, becomes essential values , such as the right to life or to physical and mental integrity. In addition, Iohannis says that in the amended form, the law violates the provisions of the Basic Law on the Rule of Law, in its component of the defense of public order and security, leaving the core values unprotected criminal
Klaus Iohannis specifies determine the resulting punishment for the infringement contest violates the provisions of art. 1 par. 3) of the Constitution on the Rule of Law, which obliges the legislator to adopt measures of criminal policy to protect public order and security, by adopting the instruments necessary to reduce the criminal phenomenon, excluding any regulation likely to encourage this phenomenon "as well as those of Article 147 para. He mentions that it violates the principle of legality by the amendments that" the full coverage of the material damage caused by the Offense, as part of the criminal prosecution or trial until the suspension of the final judgment ", (4) of the Constitution.The author did not benefit from this circumstance in the five years preceding the act, the mitigating circumstance does not apply to the following offenses if they caused material damage: robbery, hacking, robbery, computer fraud and
The President also contends that the text limiting the mandatory revocation of the suspension of the execution of the sentence under supervision in the case of the commission of a new intentional offense is only contradictory and imprecise, and only on the assumption that, for the new (19659003) The Chief of the State's criticism and the provisions on how parole can be ordered in case of imprisonment and confiscation expanded
The limitation period of liability the Head of State says that this will hinder or prevent the investigation of criminal cases and disregard the right of victims of this type of crime to benefit from the criminal justice system. a fair trial.
Iohannis also states that the law reduces penalties and time limits, in the absence of a social need justifying the abandonment of criminal law traditions.
In the petition, the president criticizes and states that "the mediation agreement only takes effect with respect to the persons between whom it intervenes and final judgments." [19659003] It also emphasizes that the repeal provision whereby "an official within the meaning of the Criminal Law is the person performing a public interest service for which he was instructed by the public authorities or subject to his control or its monitoring of the performance of the said public service "leads to a partial decriminalization of those acts which are considered to be corruption and service offenses when they are committed by an official or official.
According to Iohannis, the provision on "non-publicity information" is not clear and violates the standards on the quality of regulation, as they are limited to information classified as a secret d & # 39; State or service
President criticism and other provisions, including that "the favor of a family member or a wife at the rank This is not punished "
Klaus Iohannis also draws attention to the provisions stipulating which actions do not constitute crimes, arguing that they are likely to encourage corruption at the level of dignitaries and magistrates and have serious negative consequences on the legislative process and fairness of the act justice, vulnerable to the three powers of the state.It emphasizes that these provisions are likely to affect the 39, activity and the public image of the state authorities and go to the incont re of the principle of the rule of law and the principle of the supremacy of the Constitution and the obligation to respect the laws. that the provision that "the bribe is not punished" he denounced the act before the criminal investigation body in any case informed, but no later than one year after the date of his commission "is not clear and constitutes"
He also says that the way the organized crime group is defined leads to the partial decriminalization of the 39, association to commit crimes, in the absence of the objective pursued and in the absence of serious crimes
"If such acts I am not sanctioned e., Respectively, do not are not discouraged by criminal law, there is a violation of fundamental values, protected by criminal law, including the rule of law, the defense of public order, the rights and freedoms of citizens. The Constitution enshrines the obligation of the legislator to take measures by adopting all the necessary instruments to prevent the state of danger and the criminal phenomenon, "says Iohannis
The President asked the CCR to note that the Law amends and supplements Law 286/2009 on the Penal Code and Law 78/2000 on prevention, detection and punishment of acts of corruption is unconstitutional in its entirety
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