JusMin Toader: National Council agrees amnesty and pardon, last resort to correct justice abuse

Justice Minister Tudorel Toader stated on Monday that Social Democratic party (PSD)'s National Council agreed that amnesty and pardon should be the last resort to correct justice abuse. 

"Upon everything discussed in the sitting, you saw, as a matter of fact, that there was no question of a vote, there was no question of a decision. And an undertone that you have certainly kept in mind: right there, in that Council, it was said that if there are other solutions, legislative, of course, to correct the abuse committed, the agreement with the respective solutions was, obviously and naturally, voiced. If not, it was agreed that amnesty and pardon be the last resort solution to correct the abuse. (...) We are pondering, analysing and when we reach a conclusion we will communicate it to you," Toader told the press at the seat of the Justice Ministry. 

He added that at present, it is being analysed if the other solutions are capable of eliminating the abuse. 

"We are at this stage. Do not forget that the Constitutional Court is due to give a decision about the conflict over the protocols, do not forget that the constitutional court has given an opinion on the setting up of the formation of the Court (...).There consequently are a number of factors, a number of measures that we shall see whether they are capable or not to eliminate the abuse, if not, then the second stage can be discussed and then we need to see what the reference criteria are, if it has to do with the nature of the deed, the seriousness of the offence, if it is the imposed punishment, if it is the punishment provided for by the law. That means under analysis. Analysing doesn't mean that we sit around and waste time," the Justice minister said. 

Tudorel Toader specified that presently an emergency ordinance (OUG) draft is being worked upon in view of the Criminal Codes' amendment. 

"We are working on a draft, an emergency ordinance draft to amend the Criminal Code and the Criminal Procedure Code in agreement with the CCR decisions and for the transposition of the two directives - extended confiscation in the Criminal Code, the strengthening of the presumption of innocence in the criminal procedure. (...) In August, in October last year, respectively, the Justice Ministry finalised and sent to the Gov't the two draft laws with exactly the same content - amending the Criminal Code in agreement with the Court's decisions, unconstitutionality or interpretive decisions and extended confiscation," Tudorel Toader mentioned.