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The controversial "anti-evasion" Law that grants amnesty to evasionists who steal up to one million euros from the budget

The Chamber of Deputies adopted, on Tuesday, as a decision-making body, the draft law initiated by Social Democratic Party (PSD) and National Liberal Party (PNL) leaders, Marcel Ciolacu and Nicolae Ciuca, regarding some measures to strengthen the capacity to combat tax evasion. The normative act amends Law no. 241/2005 for preventing and combating tax evasion.

 

The law initiated by Prime Minister Marcel Ciolacu and PNL leader Nicolae Ciuca, adopted in Parliament in just two days, decriminalizes tax evasion and those who cause damage of less than 1 million euros get away without jail time if they pay the damage plus 25%, during the prosecution. To enter into force, the law still needs to be promulgated by President Klaus Iohannis.

 

Thus, the act of tax evasion of up to 1 million euro damage is no longer punishable if the evader pays the damage in full increased by 15% of its value, to which interest and penalties are added. In this case, the competent bodies do not notify the criminal investigation bodies.

 

The draft law initiated by Marcel Ciolacu and Nicolae Ciuca was adopted by the Parliament with 182 votes for, 80 against and 2 abstentions. Deputies Stelian Ion (USR) and Ionel Danca (Forta Dreptei) announced on Wednesday that the parliamentarians of these parties are submitting a complaint to the Constitutional Court against the law decriminalizing certain acts of tax evasion, a normative act adopted on Tuesday by the Chamber of Deputies.

 

The draft law initiated and submitted on Monday, December 18, by Marcel Ciolacu (PSD) and Nicolae Ciuca (PNL) aimed precisely at “consolidating the capacity to combat tax evasion”. Among the measures proposed by the two are the increase of the penalties for evasion and the sending of files with damage greater than five million lei from the General Prosecutor’s Office to the National Anticorruption Directorate (DNA).

 

On Tuesday, however, the PSD senator from Teleorman, Ionel Danut Cristescu, introduced an amendment that equates to a large amnesty. In retort, PM Ciolacu claims that there is no decriminalization.

 

The decriminalization of facts does not exist. If a person broke the law, and the second time he breaks the law he goes to jail. I was not the initiator, it was an amendment. I am neither a judge nor a prosecutor. I’m not interested in putting anyone in jail. My responsibility is to make a sustainable budget. I’m interested in the money they have to give me back,” Marcel Ciolacu said on Wednesday.

 

The PM claimed that no one will be released from prison and through the law approved by the parliament, in fact, he restored the powers of the DNA and the Directorate for Investigating Organized Crime and Terrorism (DIICOT).

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Friday, December 22, 2023