Romania's Constitutional Court agrees with no threshold for abuse of office

18 May 2023

Romania's Constitutional Court (CCR) ruled on May 17 that the crime of "abuse of office" can be criminalized without a value threshold and left it up to the judges to decide on the seriousness of the deed.

The CCR thus rejected as unfounded the objection of unconstitutionality formulated by the High Court (ICCJ) regarding the criminalization of abuse of office without a value threshold. 

At the same time, the CCR declared unconstitutional the provision that allows intelligence services (SRI) as an evidence provider in criminal proceedings, Hotnews.ro reported. In this case, the CCR admitted the objections of unconstitutionality and found that the provisions on the use as evidence of the SRI interceptions made on national security warrants in the case of corruption files are unconstitutional.

"Technical supervision may be ordered in the case of offences against national security provided for by the Criminal Code and special laws, as well as in the case of [...] other offences for which the law provides for a prison sentence of 7 years or more," according to the text seen by CCR as breaching the Constitution.

iulian@romania-insider.com

(Photo source: Inquam Photos/Octav Ganea)

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Romania's Constitutional Court agrees with no threshold for abuse of office

18 May 2023

Romania's Constitutional Court (CCR) ruled on May 17 that the crime of "abuse of office" can be criminalized without a value threshold and left it up to the judges to decide on the seriousness of the deed.

The CCR thus rejected as unfounded the objection of unconstitutionality formulated by the High Court (ICCJ) regarding the criminalization of abuse of office without a value threshold. 

At the same time, the CCR declared unconstitutional the provision that allows intelligence services (SRI) as an evidence provider in criminal proceedings, Hotnews.ro reported. In this case, the CCR admitted the objections of unconstitutionality and found that the provisions on the use as evidence of the SRI interceptions made on national security warrants in the case of corruption files are unconstitutional.

"Technical supervision may be ordered in the case of offences against national security provided for by the Criminal Code and special laws, as well as in the case of [...] other offences for which the law provides for a prison sentence of 7 years or more," according to the text seen by CCR as breaching the Constitution.

iulian@romania-insider.com

(Photo source: Inquam Photos/Octav Ganea)

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