CSM Prosecutors Section warns amendments to Criminal Codes will paralyze the rule of law, citizens’ freedoms. DNA’s Kovesi, critical again

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The Superior Council of Magistracy (CSM) Prosecutors Section has joined on Friday the viewpoints expressed by the Public Ministry, the National Anticorruption Directorate (DNA) and the Directorate for the Investigation of Organized Crime and Terrorism (DIICOT) in criticizing the amendments proposed to the Criminal Codes, warning that they will paralyze the Public Ministry’s capability to defend the rule of law and the citizens’ freedoms, hotnews.ro informs.

The section’s representatives express concern regarding the way the legislating process is unfolding, the emergency procedure, without transparency and without consulting the magistrates, as well as regarding the amendments, which will paralyze the Public Ministry’s activity , carried out according to article 131, paragraph 1 of the Constitution.

They say the lack of transparency and the emergency cannot be explained, as long as the deadline for implementing the European Directive by each Member State is April 1, 2018, furthermore, a large part of the amendments exceed the Directive’s demands.

“Given the principle of loyal cooperation between state powers, the CSM Prosecutors Section calls on the Parliament to postpone the legislative process, in view of consulting the magistrates assemblies, the courts, prosecutor’ offices and professional associations,” the release reads.

Bucharest prosecutors: Surveillance video recordings will be impossible to use as evidence

The prosecutors with the Prosecutor’s Office upon the Bucharest Court claim that following the amendments to the Criminal Codes, the surveillance video recordings will be impossible to use as evidence in the files of murder or rape.

“Some of the suggested amendments could have serious consequences on the investigations conducted by the prosecutors with the Prosecutor’s Office upon the Bucharest Court aiming at serious crimes (murder, deadly blows, rape, sexual aggressions, sexual intercourse with a minor). By amending article 97 and article 139 in the Criminal Procedure Code, the recordings from surveillance cameras in the area where the crimes were committed will be impossible,” a release issued by the Bucharest Prosecutor’s Office reads.

DNA’s Kovesi criticizes again the amendments to the Criminal Codes

The National Anticorruption Directorate (DNA) chief prosecutor Laura Codruta Kovesi has criticized again the amendments to the Criminal Code and the Criminal Procedure Code, debated this week by the Special Parliamentary Committee led by Florin Iordache.

In an interview to ‘Libertatea’ newspaper Kovesi has offered an example of what the amendments could mean.

The DNA chief prosecutor referred to the amendment reading that the suspects of corruption can no longer be remanded and handcuffed in the public space, under the pretext that some abuses have taken place.

“A judge is investigated for corruption, he demanded money in order to give certain sentences. While we were investigating this criminal deed, one of his accomplices has committed the crime of sexual intercourse with a minor. If the amendments come into force, we would be compelled to close our eyes to the violence on minors, on women, maybe to child pornography or murder. Let’s suppose a policeman had illegally handcuffed a person. Does this mean that the persons guilty of corruption deeds, tax evasion, money laundering – they should never be arrested? That a minister can collect bribes of millions of euros, but one cannot be arrested just because a policeman wrongly had handcuffed a person?” Kovesi said.

DNA said on Thursday that the amendments and additions expected to be made to the Criminal Code and the Criminal Procedure Code will have a “devastating” effect on the criminal investigations, by eliminating the “indispensable” legal instruments by which the investigative bodies can investigate the offenses, cotidianul.ro informs.

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