Professional associations of magistrates: Modifications to Criminal Code voted on Wednesday, nothing to do with CCR decisions

Autor: Ioana Necula, Redactor
Publicat: 24-04-2019 17:57

Two professional associations of magistrates drew attention that the modifications to the Criminal Code voted on Wednesday under parliamentary procedure have nothing to do with the CCR (Constitutional Court of Romania) decisions, while they bring a "radical and unjustified change in the manner in which the legislator understands to build the criminal policy of the state."

The Movement for Defence of Prosecutors' Status Association and the Judges Forum Association in Romania issued a press release in reaction to the vote on Wednesday on the proposal of modification of the Criminal Code.

"The architecture of the Criminal Code is not given by only the establishment of some provisions as being constitutional, given that the constitutionality of the norms is necessary but not sufficient. The fact that a law text proposed by the legislator doesn't break the constitutional provisions doesn't automatically mean that it is opportune too and that is meant to protect the interests of the society or observes the principles of a coherent and fair criminal policy," said the magistrates.

The magistrates also explained that, after analyzing the modifications brought to the Criminal Code, as voted upon on April 24, they found that "most of them have nothing to do with the decisions of the Constitutional Court, and that this is a radical and unjustified change in the manner in which the legislator understands to build the criminal policy of the state, with a strong emphasis on the avoidance of criminal liability by the persons who commit certain crimes and a total lack of interest in the general interest and the situation of the victims."

The Deputies' Chamber on Wednesday adopted the drafts on the modification of the Criminal Code and the Criminal Procedure Code.