[ad_1]
On Monday, President Klaus Iohannis promulgated the Law modifying and supplementing some normative acts in the criminal field in order to transpose some directives of the European Union, transmits the Presidential Administration. The normative act establishes that “the extended confiscation of the assets acquired by the convicted person is ordered within a period of 5 years before and, if necessary, after the moment of committing the crime, until the date of issuance of the judicial notification act” , announces news.ro.
„Art.I.- In article 112 1 of Law no. 286/2009 on the Penal Code, published in the Official Gazette of Romania, Part I, no. 510 of July 24, 2009, with subsequent modifications and terminations, paragraphs (1) and (2) will be modified and will have the following content: “(1) Assets other than those provided for in art. 112, when a person is convicted of an act that can provide a material benefit and for which the penalty provided by law is imprisonment of 4 years or more, the court is convinced that the assets come from criminal activities. The court’s conviction may be based on the disproportion between the legal income and the wealth of the person, “according to the law promulgated by the head of state.
Also read: Gabriela Firea lands with Ludovic Orban: ‘Accused of at least three crimes: corruption and abuse of power, blackmail against the residents of Bucharest and vote buying’
Likewise, “The extended confiscation of the assets acquired by the convicted person is ordered within a period of 5 years before and, where appropriate, after the moment of committing the crime, until the date of issuance of the judicial notification act. The extended confiscation of property transferred to third parties may also be ordered, if they knew or should have known that the purpose of the transfer was to avoid confiscation.
In the case of assets that may be subject to special or extended confiscation, it is imperative that the prosecutor take precautionary measures to avoid hiding, destroying, alienating or evading the prosecution of these assets, the bill approved by deputies on Tuesday also provides . .
“The judicial body that ordered the extension of the criminal investigation or the change of legal classification is obliged to inform the suspect about the new events on which the extension was ordered or about the change of legal classification,” the cited source also shows.
The prosecutor orders the suspension of the criminal investigation only if, taking into account all the circumstances of the case, he considers that the suspect or defendant could not be heard in the place where he is or by videoconference or that his hearing in this way would harm his rights or good behavior. prosecution.
“If the suspension of the trial is not ordered, the hearing of the suspect or accused in the place where he is or by videoconference can only be carried out in the presence of the lawyer,” according to the bill.
Furthermore, the court orders the suspension of the trial only if, taking into account all the circumstances of the case, it considers that the suspect or defendant could not be heard in his place or by videoconference or that his hearing in this way would harm his rights or property. conducting the trial.
Also read: DUEL in PSD: A mayor died from the coronavirus.
If the trial is not suspended, the hearing of the suspect or defendant in the place where he is or by videoconference can only be carried out in the presence of the lawyer.
The decision issued in the first instance by which the suspension of the case was ordered may be appealed separately with an appeal before the hierarchically superior court within 24 hours following the pronouncement, for the prosecutor, the parties and the injured party present, and of the communication , for the parties. or the missing injured person. The appeal is sent to the court that issued the contested decision and is sent, along with the file, to the hierarchically superior court, within 48 hours of registration.
“Against the decision by which the court of appeal orders the security measure of special confiscation or confiscation extended directly in the appeal, the defendant, the prosecutor or persons whose rights or legitimate interests may be affected may only appeal with respect to this security measure “, according to the legislative initiative.
At the same time, the prosecutor can file an appeal within 48 hours after the pronouncement and the accused within 48 hours after the communication.
“The National Agency for the Administration of Unavailable Assets will inform the Chief Executive Officer of the execution of any impediment or delay that occurred during the execution of a special or extended confiscation, on the basis of the periodic information it receives from the National Agency for Fiscal Administration and other competent authorities. Execution of these security measures ”, also shows the bill approved Tuesday by the deputies.
Read also: Gabriela Firea slaps Ludovic Orban’s cheek: ‘It is the project that I, together with the Matei Balş Institute, led by Professor Adrian Streinu-Cercel, started in the spring.’
[ad_2]
