Draft bill to amend the Criminal Code Procedure: No search warrant needed to break into a house if there are suspicions a person is held hostage

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Social Democrat senator of Olt, Siminica Mirea, has tabled in Parliament a  draft bill aimed to amend the Criminal Procedure Code on the search warrant topic. Her move comes after the tragic Caracal case.

According to the envisaged amendment, any person will be allowed to break into a house without any search mandate when there are suspicions that a person is held hostage in that house, that his/her life is in danger.

The SocDem senator wants a third paragraph added to the article 157 of the Criminal Procedure Code, saying that “by way of exception, any person is allowed to break into a house without having a search warrant when there are reasonable indications that a person’s life is in danger in that house and when the break-in is needed to remove that danger”.

The same draft law stipulates harsher terms for the release on parole for the defendants facing life sentences. More precisely, these prisoners must necessarily serve 20 years of the jail sentence, must have a good conduct and not represent a danger for the society and must not have committed any first-degree murder, before qualifying for the release on parole.

The bill also proposes prison sentences ranging from 2 to 8 years for the unlawful imprisonment and also prison sentences from 6 months to 2 years for the illegal stalking a person or illegal surveillance of his/her house.

The draft also proposes amending article 122 of the Criminal Code on the chapter of child kidnapping for sexual purposes, with harsher prison sentences, from maximum one year, to 5 years.

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