The Romanian government has applied new criminal codes without analyzing the impact. U.S. Department of State: 2014 Country Report on Human Rights Practices

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“The government implemented a new criminal code and criminal procedure code in February with the aim of reducing the number of cases sent to trial. However, it did not carry out an impact analysis and failed to allocate the necessary human resources and tools necessary to implement the codes properly. The criminal procedure code allows for home detention using electronic monitoring devices, but the government has yet to procure such devices. The new codes also separate the roles of various types of judges, including the preliminary judge, who examines evidence and pretrial motions; the judge for rights and liberties; and the trial judge, who is legally required to be separate from the judge for rights and liberties. Some courts, however, lacked a sufficient number of judges to separate the functions. The criminal code includes a number of inconsistencies; amendments to remedy these were pending in parliament,” the US Department of State 2014 country report on human rights practices reads about Romania.
“Prosecutors could reveal evidence, including evidence acquired from wiretaps, during their investigations and in their indictments. Media often reported this information, especially in corruption cases. Some judges complained that media coverage of such cases precluded the defendant receiving a fair trial. The Superior Council of Magistrates, following the implementation of the new criminal procedure code and an ECHR decision, issued new media guidelines restricting the information prosecutors may reveal during a case in progress.”

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