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DNA reacts to amendments to the Criminal Code: Offences are decriminalized, extended confiscation cannot be enforced


Several categories of deeds that are currently sanctioned by the criminal law and which have a significant impact on the social values protected by law will be decriminalized, according to an analysis made by the National Anticorruption Directorate (DNA) on the draft bill to amend the Criminal Code, adopted on Wednesday by the Parliament.

According to the anticorruption prosecutors, the amendments to the Criminal Code “after the adoption of amendments to the Criminal Procedure Code” were voted by Parliament without taking into account the observations and proposals made by the Superior Council of Magistracy (CSM) and by the professional associations of judges and prosecutors, without a consultation and a real collaboration with the judicial institutions invested with the enforcement of the criminal law.

According to a DNA release on Friday, the coming into force of the amendments will have the following consequences:

– Decriminalization of broad categories of deeds which are currently sanctioned by criminal law and which bring a significant impact on the social values protected by law;

– cuts the sentences for certain offenses with prescription of deeds;

– Additional conditions for certain deeds to fall within the scope of criminal offenses (in the absence of these conditions, the files already in progress at the Prosecutor’s Office or in the courts will be closed);

– Additional conditions for certain regulations required by European directives, such as the extended confiscation, in order to be effectively enforced, which will aggravate the recovery of the proceeds of crimes;

– Unjustified increase of evidence standard which will make it more difficult to prove illicit facts.

DNA has identified 13 major problems resulting from amending the Criminal Code.



Monday, July 9, 2018