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Government decided to repeal GEO modifying Criminal Codes
The Government on Sunday adopted an emergency ordinance to repeal the Government Emergency Ordinance (GEO) on the modification of the Criminal Code and the Criminal Procedure Code, reads a Government release.
"Today, in the Government meeting we approved the Emergency Ordinance draft for the abrogation of Government Emergency Ordinance No 13/2017 for the modification and addition of Law No 286/2009 on the Criminal Code and Law No 135/2010 on the Criminal Procedure Code, as well as for the modification of Law No 135/2010 on the Criminal Procedure Code," the release points out.
Moreover, Prime Minister Sorin Grindeanu asked that in the coming period the Justice Ministry initiate public debates as soon as possible with all political parties and the civil society on the topics in the ordinance that has been repealed.
"At the same time, the Prime Minister requested the relevant ministry to cover all stages to have a draft law putting in agreement the Constitutional Court decisions, the European directives, the Criminal Code and the Criminal Procedure Code, in view to send it to Parliament for debate," the release also shows.
The Emergency Ordinance No.14, which was adopted by the Government in the meeting on Sunday, stipulates that the GEO No.13/2017 for the amendment and addition of the Law No.286/2009 regarding the Criminal Code and the Law No.135/2010 regarding the Criminal Procedure Code, published in the Official Journal of Romania on 1 February, is repealed.
According to the new normative act, during the criminal prosecution, the court supervision can be extended by the prosecutor through an ordinance, if all the grounds that determined the measure are still in place or if new grounds appeared that would justify its extension, each extension cannot exceed 60 days.
The emergency ordinance was adopted "taking into account that, since the GEO No.13/2017 was published in the Official Journal, on 1 February 2017 and until now, there were many reactions, not only in respect to the normative text content, but also in respect to the manner in which it was adopted."
Moreover, the repeal GEO was adopted taking into account that these reactions are coming from institutions of the judicial system, such as: the Superior Council of Magistracy (CSM), the High Court of Justice and Cassation (ICCJ), the Public Ministry, as well as from other authorities of the state — the President of Romania, the Ombudsman.
The GEO mentions that the normative act in question "has raised a real interest among the citizens of Romania, they understood to get actively involved, not only by attending the public debate that was carried out in the period previous to its adoption, but by supporting the ideas within a public demonstration that occurred throughout the entire country and in several cities abroad."
Moreover, according to the normative act, it was noticed that "that the strong reaction of Romanian citizens that especially targeted the insufficient debate of the interest solutions for the entire community, demanding, in consequence, a larger debate of solutions within Parliament."
The GEO was approved also as it was found that "currently, on the background of the tensions created following the adoption of the GEO No.13/2017 there is a real threat of dividing the society, in the context generated by misunderstanding, with serious consequences over the society's general climate of stability, and admitting and observing, in equal measure the exercise of democracy in all its forms."
The normative act also says that it has been noticed "that the existing tensions can be removed though the express and immediate repeal of the texts that raised the mentioned massive reactions, which implies, from a technical point of view, an express intervention over the texts in the Criminal Procedure Codes that were in force, so that the texts will return to the form they had before the adoption of the mentioned ordinance, they are to be enforced again, taking into account the Constitutional Court decisions No.586/2016 and No.614/2016."
The GEO also states that it has been assessed that "just an express and urgent repeal of the texts, especially the ones regarding the Criminal Code, that were intensively criticized, would restore the equilibrium in the Romanian society and would allow the constant and constructive dialogue to be reinstated."
The GEO adopted on Sunday by the Executive came into force on its publication date in the Official Journal of Romania.
The emergency ordinance is signed by Prime Minister Sorin Grindeanu and countersigned by Justice Minister Florin Iordache, Interior Minister Carmen Dan and Foreign Affairs Minister Teodor Melescanu.