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The Position of the Constitutional Court Regarding Changes Made to the Criminal Code (I)

By Decision No. 2 of 15th of January, 2014 published in the Official Gazette no. 71 dated  January 29th, 2014, the Constitutional Court admitted the unconstitutionality of the provisions of art. I sect. 5 and art.II sect. 3 of the Law amending and supplementing certain normative acts and unique article of the Law amending the art.253 ind. 1 of the Criminal Code.

The decision qualifies the removal the Romania’s President,  members of Parliament, and those who operate in a liberal profession , under a special law and which are not funded by the state budget from the “public servant” and “servant” category as unconstitutional.

The Court found that the legislator has affected the criminal protection of important social values. Given the conditions in which the presidential and parliamentary mandate are defined as public dignity functions, people who fill these positions exercise the duties and responsibilities under the Constitution and the law, in order to achieve power prerogatives, at the highest level in the Romanian state.

Regarding the changes brought to art. 253 ind. 1 of the Criminal Code, the Court found that under art. 1 para. (5) of the Constitution, respecting the Constitution is mandatory. In this way, the Parliament can’t exercise jurisdiction over criminalization and decriminalization of antisocial actions, other than within the  Constitution’s rules and principles.

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