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The Constitutional Court’s Position Regarding the Changes Made to the Criminal Code (II)

By Decision No. 3 of 15th of January, 2014 published in Official Gazette no. 71 of 29th of January, 2014, the Constitutional Court upheld the unconstitutionality of the provisions of art. I sect. 2 and art. II sect. 5 of the Law on amending and supplementing certain acts  and rejected the objection of unconstitutionality of art. I sect. 5 and art. II sect. 3.

According to art.II sect. 5, in case of crimes that caused a damage valuable in money, if the accused fully covers the whole damage until a final decision is rendered, the limits of the penalty for the committed offense are reduced by half.

The provisions of the two articles of the law, characterized by an inadequate legislative technique, do not meet the requirements of clarity, precision and predictability and are thus incompatible with the fundamental principle of respecting the Constitution, its supremacy as laid down by art. I para. ( 5) of the Constitution.

Also, according to art.I, sect. 5 of the same law, the provisions of art.147 of the Criminal Code makes exceptions for the Romanian President, members of the Parliament and people who work in the context of liberal professions, under a special law and which are not financed by the budget.

Regarding the complaint of unconstitutionality of art. I sect. 5 and art. II sect. 3 of the law, the Court noted that through the No. 2 Decision of 15th of January, 2014, it admitted complaints of unconstitutionality and held that provisions are contrary to art. 1 para. ( 3 ) and (5 ), art. 11 para. ( 1) and art. 16 para. (1) and (2 ) of the Constitution.

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