Romanian Ex Mins Use Unconstitutionality Defense In Graft Case

The case in which Romanian former ministers Decebal Traian Remes and Ioan Muresan were sent to trial on corruption charges could be suspended and the files sent to the Constitutional Court, as lawyers challenged the constitutionality of the phone taps presented as evidence.

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Tuesday, Muresan’s lawyers asked the High Court of Justice to suspend the trial and send the files to the Constitutional Court, for a solution on the exception of unconstitutionality of article 91 index 1 of the Criminal Procedure Code.

In other words, Muresan’s lawyers told the court the phone taps unfolded in the criminal investigation were illegal.

Specifically, the lawyer said that, since audio-video recordings can be unfolded before the commencement of criminal investigations and before the initiation of the criminal trial, as well as before the commitment of a crime, as stated in the criticized article, "the fairness of the criminal trial is breached," thus the defendant is devoid of the right to defense and fair trial.

Romanian anticorruption prosecutors charged former agriculture ministers Decebal Remes and Ioan Muresan with soliciting bribery.

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