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DNA: in 2014-2016 more than 1,000 persons, individuals and legal entities, were sent to court for abuse of office


The modifications to the Criminal Code (CP) and Criminal Procedure Code (CPP) embolden 'the public servants' abusive behavior', says the National Anti-corruption Directorate (DNA) in a release on Tuesday, pointing out that in 2014-2016 more than 1,000 persons, individuals and legal entities, were sent to court for abuse of office, the damages caused by their criminal activity exceeding one billion EUR. 

According to the document, the DNA has wrapped up an analysis of the impact the passage through Emergency Ordinance of the amendments to the CP and CPP will have upon the criminal files under investigation and trial. 

"This analysis was carried considering that, after having sent on 20 January 2017 to the Justice Ministry a reasoned point of view regarding the amendments proposed to the CP and CPP, no perspective and no form emerged - other than the initial one - to change the two draft pieces of legislation, which among other things would favour the persons who from now on will perpetrate acts of abuse of office - deeds assimilated to the corruption crimes. In addition, the persons already charged / sent to court for abuse of office will benefit from these amendments. Considering that these provisions become part of the more favourable criminal law, their coming into force even if just for a short period, will be to the advantage of those already under investigation or sent to court," the release says. 

DNA shows that an "unreasonably" long chunk is cut off the punishment for abuse of office which is shortened from a maximum 7 years to maximum 3 years, pointing out that several lawsuits and investigations will be brought to an end due to the running out of the statute of limitations that is slashed to 5 years. 

Also, the DNA draws attention that any deed for which a prior complaint lodged by the injured party doesn't exist, could not be further investigated.