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Changes of the Emergency Ordinance No. 3/2014 regarding the new Code of Criminal Procedure

By this normative act dated February 25th, 2014 and published in the Official Gazette no. 98, on the 7th of February 2014, the list of crimes of the Criminal Code for which prosecutors can start mandatory prosecutions was extended. The art. 56 paragraph 3, letter b from the new Criminal code now includes:

1. outrage;

2. pressure of justice;

3. compromising the interests of the justice;

4. abusive inquisition;

5. bad treatments submission;

6. torture;

7. unfair repression.

The article also introduces the provision regarding the competence of making/leading and supervising the prosecution of the prosecutor from the prosecutor’s office of the law court that judges the cause, in the first instance.

Another change was brought to the art. 309 paragraph 1 of the NCPP. The criminal action is initiated by the prosecutor, through ordinance, during the prosecution, when he establishes evidences having the result that a person committed an offence and it is not provided by art. 16 paragraph 1. Initially it stated that the criminal action starts with the finding evidence to result the reasonable proposal that a person has committed an offence.

In the initial project, starting the prosecution could have also been made if there were information that he was ready to commit an offence. But in the OUG no. 3/2014 this provision doesn’t appear any more and if there are information concerning the preparing of a criminal act, prosecutors will not be able to dispose the prosecution, neither the interception of suspects’ conversations previous to committing the act.

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