Bill for electronic surveillance of persons under judicial control or under house arrest

Autor: Cătălin Lupășteanu

Publicat: 13-05-2024

Actualizat: 13-05-2024

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Sursă foto: stiripesurse.ro

The Ministry of Internal Affairs organized on Monday a public debate on an emergency ordinance amending Law no. 146/2021 regarding electronic monitoring, which is aimed to be introduced, in a pilot system, also in the case of carrying the measure of judicial control, judicial control on bail and house arrest, from October 1, 2024.

The set of legal norms included in the architecture of this legislative approach is determined, mainly, by Romania's accession to the Schengen area, as it is necessary to take urgent measures for the protection of citizens, by means of electronic monitoring in the framework of judicial and criminal execution procedures, reads the substantiation note of the project.

The director of the Directorate of Criminal Investigations of the Romanian Police, Ciprian Miron, stated that this extension of the term will represent "a challenge" for the police structures, who were prepared to implement these measures from 2026.

Through the emergency ordinance, it is proposed to amend article 1 paragraph (2) letters a) and d), in order to specifically individualize the obligations that must be respected during the period of judicial control or judicial control on bail and whose verification can be carried out by electronic monitoring, as well as to enable electronic monitoring on the territory of Romania for persons against whom the judicial bodies of third countries have ordered this measure and who are or will move to the national territory.

It is also aimed to introduce new provisions relating to the regulation of a new category of alerts, namely the border approach alert, aiming to regulate the procedure to be followed in the case of a border approach alert, both by the supervised person and by to the public order bodies, as well as the order of priority of the alerts.

Ciprian Miron mentioned that it is about the approach at a distance of less than 30 kilometers from a border crossing point.

According to the cited source, mobile electronic surveillance devices will be used exclusively, within the limit of their availability, from the percentage of 20%, purchased by the Romanian Police, and the number of electronic surveillance devices will gradually increase depending on the deliveries that will be made, according to the contractual clauses in force related to the delivery of electronic monitoring devices.

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