Romanian Justice Min Proposes New Criminal Procedure Code

"I plan to make the new procedures unbiased, simple, fast and easy to apply. They need to lead to the solution of some of the chronic diseases present in our current legal system: overcrowding at prosecutor offices and in courts, excessive duration of procedures, the opening of abusive procedures, the unjustified delay of trials, the shortcomings in case file completion for procedure reasons," Chiuariu said.

He insisted on the fact that this is an entirely new project and it must not be confused with the recent amendments found in debate in the Parliament. The new code contains the ECHR, as well as the European Union regulations in the pillar III for the creation of a space of justice, liberty and security.

"In the beginning of the next week I will send to the legal committees within the two Chambers of the Romanian Parliament and the High Council of the Magistrates the general part of the new Criminal Procedure Code to allow observations and to hold working meetings to debate the main amendments. At the same time, the general part of the draft will be posted on the Ministry website, so that anyone interest might debate our proposal," Chiuariu said.

The new Criminal Procedure Code proposed by the Ministry of Justice introduces new institutions, namely the judge of liberties and the preliminary chamber judge.

According to the dignitary, the judge of liberties will be responsible for all measures touching individual rights and liberties, such as arrest, interdictions, technical surveillance, searches or insurance measures, while the preliminary chamber judge will be responsible for the verification of legality and validity of the case file.

At the same time, the new code eliminates the possibility to extend criminal investigation or the criminal trial, institutions that lead, according to the minister, to a delayed solution in the trial for which the court was notified. Regarding new deeds discovered during trial, the draft aims to unfold separate procedures for criminal investigation to avoid "the delay or diminishing of the initial trial." Another proposition includes the elimination of case file return to the prosecutor in order to reset criminal investigation.

"The elimination of return will be prepared by procedure through the regulation of jurisdiction and the legal status of voids, as well as through the introduction of the intermediate phase where the cuase is checked for legality and validity," Chiuariu said.

New elements include the reshuffling of jurisdictions and challenge means.

Chiuariu said that there would be different categories for the solutions halting criminal investigation, which constitutes a new element in the draft.

The new Criminal Procedure Code also regulates the institution of "guilt admission agreement," far small and medium crimes, punishable with prison sentence in a certain amount.

"This procedure mainly involves the achievement of an agreement between prosecutor, on one side, and culprit, assisted by lawyer, on the other side, where the culprit admits guilt for the charges held against them," Chiuariu added.