New criminal code adopted in Romania poses a major risk to fight against corruption – DNA

The Romanian National Anticorruption Directorate (DNA) voiced serious concern over the new criminal code adopted by Parliament, saying that the code is likely to hinder corruption investigations, the DNA wrote in a statement, on Jan. 1.

“The National Anticorruption Directorate expresses its grave concern regarding the entry into force on February 1, 2014, of the New Criminal Code and of the New Criminal Procedure Code, as adopted by Parliament,” the DNA wrote in a statement. “In this situation, there is a major risk that the effectiveness of investigations of corruption cases will be significantly diminished.”

The most controversial amendment concerned Article 140 on the use of technical surveillance. The new law is vague about the legal provisions for when exactly an individual has to be informed that they’re being investigated. Vague enough so that one might interpret the law to mean that the suspect in question will have to be informed immediately once there is any indication an/ or evidence that an investigation may be carried out against that individual, effectively eliminating the possibility of setting up surveillance or any undercover activity.

While taking responsibility for the shortcomings in Article 140, Romanian President Traian Basescu called on Prime Minister Victor Ponta to make immediate changes to the article.

The DNA press release marks the latest round in a dispute which has divided the government and criminal law experts. In an open letter to the PM, Basescu demanded a change to the new criminal code as soon as possible, adopting a Government Emergency Ordinance (GEO).

“ I point out that in the absence of these modifications there is a significant risk that evidence in penal cases concerning fiscal fraud, corruption, human trafficking, cross border crime, drug trafficking so on and so forth, will become extremely difficult, a fact that would consistently weaken the Romanian state’s capacity to defend the interests of citizens and to fight for the diminishing of the criminal phenomenon,” Basescu wrote.

Other changes to the criminal code questioned by the DNA include a decrease of prison terms for fraud from to 5-15 years to 1-5 years will mean that many fraud investigations will come to a sudden and unjust end due to the time which it takes to identify and prosecute such crimes – a period often exceeding 5 years.

The New Criminal Code also requires a report by an expert to be made upon a defendant’s request beyond what is gathered by the appropriate employees from law enforcement agencies.

“Consequently, the grounds for procrastinating complex cases are created, by automatically gathering expensive and time consuming means of evidence, without ensuring the appropriate resources in the budgets of the judicial institutions,” the DNA concluded.

Finally, the DNA announced that the new legal provisions do not cover the investigative methods already being used, thus it is unclear what to do with individuals who are subject to investigations under the current law.

 

Photo courtesy of the Lambda Chi Alpha Fraternity.