The ÎCCJ decided to refer the Constitutional Court of Romania for the control of the constitutionality of the laws, before promulgation.
Regarding the draft law on the amendment of the Criminal Code, the ÎCCJ reports “the unconstitutionality of the provisions of art. I point 3 (art. 297 par. 1 C. pen.) and art. I point 4 (art. 298 Criminal Code) and art. V of the Law for the amendment and completion of Law no. 286/2009 on the Criminal Code, as well as other normative acts (PL-x no. 245/2023), in relation to the constitutional provisions of art. 147 para. (4) regarding the binding character of the decisions of the Constitutional Court of Romania, of art. 1 paragraph (3) regarding the rule of law as well as of art. 1 paragraph (5), according to which compliance with the Constitution and its supremacy is mandatory, as well as in its component relating to the clarity of the law”, as well as “the unconstitutionality of the provisions of art. III point 1 of the Law for the amendment and completion of Law no. 286/2009 regarding the Criminal Code, as well as other normative acts (PL-x no. 245/2023) in relation to the provisions of art. 1 paragraph (4) and art. 1 paragraph (5) related to art. 61 para. (1) and in art. 126 para. (3) from the Constitution”.
Regarding the draft law on the amendment of the Code of Criminal Procedure, the ÎCCJ reports “the unconstitutionality of the Law for the amendment and completion of Law no. 135/2010 regarding the Criminal Procedure Code (PL-x 246/2023) regarding art. I point 17 (art. 1391 of the Criminal Procedure Code) in relation to the constitutional provisions of art. 147 para. (4) under the aspect of the binding character of the decisions of the constitutional court, of art. 1 paragraph (3) regarding the rule of law principle, as well as art. 1 paragraph (5) regarding the principle of legality; and the unconstitutionality of art. I point 1 [art. 9 alin. (5) din Codul de procedură penală], art. I point 19 (art. 1451 of the Criminal Procedure Code), art. II, in relation to the constitutional provisions of art. 1 paragraph (5), under the aspect of requirements regarding the quality of the law; the unconstitutionality of art. I point 38 [art. 345 alin. (11) din Codul de procedură penală] in relation to the constitutional provisions of art. 24 para. (1) regarding the right to defense and art. 21 regarding the right to a fair trial; the unconstitutionality of the provisions of art. I point 34 [art. 281 alin. (4) din Codul de procedură penală] in relation to the constitutional provisions of art. 24 para. (1) regarding the right to defense, of art. 1 paragraph (3) regarding the guarantee of fundamental rights and freedoms, those of art. 1 paragraph (5) regarding the obligation to respect the Constitution, its supremacy and the laws; the unconstitutionality of the provisions of art. I point 62 [art. 595 alin. (11) lit. b)] from the Criminal Procedure Code in relation to the constitutional provisions of art. 126 para. (3), art. 61 para. (1), art. 1 paragraph (4), art. 1 paragraph (3) and para. (5)”.
After drafting, the decisions of the United Sections of the ÎCCJ will be published in their entirety on the website of the High Court of Cassation and Justice – www.iccj.ro.
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