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Criminal Procedure Code amended; Committee head Iordache says all amendments required by CCR were made

The special parliamentary committee on justice adopted on Tuesday the amendments brought to the Criminal Procedure Code, enacting thus the decision of the Constitutional Court of Romania (CCR), one modification being the removal of the phrase "solid clues" upon the initiation of the criminal proceedings.

According to the new text, the criminal proceedings begin and it is exercised when there is evidence resulting that a person committed an offense and there are no cases impeding its motion or exercising.

In the from challenged at the CCR, the text stipulates that the criminal proceedings is set in motion when there are evidence, which clues are resulting from regarding the offense, and the form in-force of the Criminal Procedure Code refers to "reasonable presumption."

The Opposition proposed to go back to the current concept of the law, the "reasonable presumption," but the amendment proposed by the Social Democratic Party (PSD) and the Alliance of Liberals and Democrats (ALDE) was adopted.

The committee also amended the provisions regarding the conditions in which the search is ordered.

Head of the committee Florin Iordache stated that all the amendments requested by the CCR were made.

"From the majority's point of view, we carried out all those amendments which the CCR made, whether we are discussing about the removal of the articles declared unconstitutional or the reformulation of the articles on which the CCR determined that they have to be reconciled with other laws or in line with other CCR decisions. (...) This report of our committee will reach the Senate plenary next week and, in two weeks, it will be discussed again in the committee in view of receiving the final vote and in the Chamber of Deputies," Iordache stated.

In respect to the issue regarding the evidence obtained during searches, Iordache explained that during the search other evidence might be found which can be used.



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