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"In Germany, criminal proceedings for abuse of service are governed by a number of tax laws, disciplinary law and penal code, ranging from small fines to disciplinary measures and even considerable penalties in the courts. deprivation of liberty "Germany is one of the 12 partner countries, along with Belgium, Canada, Denmark, Switzerland, Finland, France, Luxembourg, the Netherlands, Netherlands, Norway, the Netherlands, Sweden and the United States sent a joint message to the Romanian authorities on 28 June calling for not weakening the rule of law by amending the Criminal Code and the Code of Criminal Procedure. criminal procedure
"We, international partners and allies of Romania, call on all parties concerned to amend the Criminal Code and the Code of Criminal Procedure in order to avoid changes that weaken the rule of law or the capacity to from Romania to fight against crime and corruption. Romania has made considerable progress in the fight against corruption and the construction of an effective rule of law. We encourage Romanians to continue on this path. EU partners also recall the conclusions of the European Council on the Cooperation and Verification Mechanism of 12 December 2017 which called on Romania to focus its efforts on consolidating progress made to avoid any setbacks and to defend Independence of judges and prosecutors. on behalf of the following countries: Belgium, Canada, Denmark, Switzerland, Finland, France, Germany, Luxembourg, Netherlands, Norway, Sweden and United States of America
The signatories have called the attention on the importance of the Venice Commission. We are following closely the changes to the criminal and penal codes of practice, and we continue to be concerned that many of them may hinder international cooperation in law enforcement and adversely affect the fight against terrorism. violent crime, transnational organized crime and trafficking. drugs and human beings. We encourage all parties to review the response of the Romanian legal experts such as the Supreme Council of the Judiciary and to solicit the support of international legal experts such as the Group of States against corruption and corruption. Venice Commission.
The draft amendment to the Code of Conduct Criminal Procedure was passed by the Chamber of Deputies on 18 June and the proposal to amend the Penal Code was passed by decision of the deputies on 4 July.
The provisions relating to the abuse of service pursuant to Article 297 of the Penal Code was amended as follows: "Article 297. – (1) The fact of an official exercising duties expressly regulated by laws, government orders or emergency orders, which refuses to perform an act or commits the provisions so regulated, express the provisions of any law, government gift or ordinance of any Urgency in order to obtain an undue material advantage for itself, husband, parent or son, up to the second degree, and thus cause certain harm and actual superiority to the equivalent of & # 39; 39, a minimum gross salary in the economy or to infringe on the rights or legitimate interests of a natural or legal person, will be punished with imprisonment of two to five years or one year. fine. "
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