Update: Grindeanu government repeals Ordinance 13, decision published by Official Gazette. Draft law on same issues pending for parliament, sources say

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The government has approved on Sunday the draft emergency ordinance repealing emergency ordinance no.13/2017 by which the Criminal Code and the Criminal procedure Code were amended, hotnews.ro informs, quoting news.ro.

It was also approved the memorandum to declassify the transcripts of the government sittings in 2016 and 2017 when the two codes were amended. The transcripts from May 18, 2016 will be made public, when the Ciolos cabinet decided to amend the two codes and the transcripts from January 31, 2017 when the Grindeanu government also amended the codes.

The ordinance for repeal adopted on Sunday was published by the Official Gazette in a matter of minutes. It is now expected to be submitted to parliamentary procedures.

Government sources have told news.ro that PM Grindeanu has requested Justice Minister Florin Iordache to make an evaluation of his activity and of the ministry since taking over the office.

Nevertheless, sources say the amendments to the criminal code and the criminal procedure code have been shifted to a draft law already registered to the Government Secretariat general, government sources say.

The amendments were taken from the emergency ordinance and included in the draft law, government sources have told hotnews.ro.

The draft law includes thus the amendments on the denunciation regime which would lead to making the operation inoperable.

Thus, whistleblowers will not escape criminal liability unless the denunciation is filed within 6 months from the offense.

The issue of damages lower than RON 200,000 for abuse of office considered as criminal offence was eliminated from the draft bill, but the low sentence remained, cut from seven years to three years for abuse of office, which reduces the prescription period.

The cut to 3 years makes impossible the remand in the cases of abuse of office even if the damage is larger.

The definition for abuse of office remains the same as in the emergency ordinance: “if the offence is committed with intention or if precisely provided by the law.”

 

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