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The former president of the Romanian Constitutional Court (RCC), Augustin Zegrean, said Wednesday night that it was not necessary to amend the Criminal Code and the Code of Criminal Procedure.
He explained that these documents were recent and had just arrived to be properly applied by the judges, news.ro reports
In addition, Zegrean said that such laws are not "kneeling" and should have been discussed with specialists. Instead, everything they said was ignored. "It's like being told to enact these laws," said Zegrean, explaining that it's not normal for corruption crimes to be dropped in a countries where citizens complain about the constant abuse of public servants
. of Romania (RCC) Augustin Zegrean said Wednesday night at Digi24 that a law on the importance of the Penal Code is not normal to adopt in three days.
" We can not be in what law dictates, the law must be debated, these projects do not even know who did them, I do not know who did them, because no one assumes them We have just made proposals or proposed amendments to the Penal Code and the Code of Criminal Procedure without anyone taking them in. Such a debate must be brought to the attention of the specialists, but they are not enough. not interested in what the specialists say .. (..) They totally ignored everything that was said, as they had been ordered to promulgate these laws.This is not the case "said Zegrean.
must be "predictable, to understand by those to whom it is addressed." " That's what the ECHR says, that's what the European Court of Justice says, or you make laws on your knees … to make the law a day, two The problem is that it was not necessary to amend the Criminal Code and the Code of Criminal Procedure, they are so recent that the world is just beginning to understand and the Judges began to apply them correctly. (…) Now, it's dust, that's the big disadvantage, and it's a big blow to the people ", Zegrean said.
He said he was "optimistic" and said that a penal code that never came into force.
" I am still optimistic, we also had a criminal code passed in the Nasase government era that never came into force, it was published in the Official Gazette, but it was has never come into force, I hope that it will have the same fate, although there are few ways to get there.We should not ask the CCR this that he can not do.CRCC can not change the laws, the Court does not write laws.The court can say whether the law is constitutional or not. (…) The Court can not not change the definition of the offense or the penalties applied, the criminal policy belongs exclusively to Parliament " explained the former president of the RCC.
Zegrean noted that "the lawful person, who comes into contact with the criminal law, always wants the punishment to be as small as possible."
"I have not seen a delinquent to say that the punishment is too small, " Zegrean added, adding that" Always lawmakers forget the victims of crime. "
Asked whether the current penal code is indulgent with criminals, the former president of the CCR confirmed
"I think so, because there are some decriminalized facts." About CCR abuse service was pronounced and a solution was reached that I think is correct.In a country where everyone complains about the abuse of the officials, everyone complains when he goes to an office which he has to to worry, we come to denounce these facts.Crime policy is exactly the opposite: it must sanction when the facts are overwhelming.There are people who know it, but no one listens to them, they do not even listen to the Commission from Venice, they do not even listen to the European Commission who listens "said Augustin Zegrean.
Amendments to the Penal Code were passed by the Chamber of Deputies on Wednesday, with 167 votes "for", as required 165. The law will be subject to constitutional revision and then sent to President Klaus Iohannis for promulgation.
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Seymour Hersh, Pulitzer Prize Winner
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