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All the magistrates of the Superior Court of Cassation and Justice were summoned this Thursday to discuss in the United Sections the possibility of appealing before the Constitutional Court the law that a fine may be imposed instead of prison, in the case of people accused of evasion tax up to 100,000 euros, if they pay the damages in full.
„In accordance with the provisions of art. 32 par. (1) and (4) of the Regulations on the organization and administrative functioning of the High Court of Cassation and Justice, reissued, on December 17, 2020, at 2:00 p.m., at the headquarters of Str. Batiştei n. 25, the judges of the Supreme Court are summoned for constitution in the United Sections to exercise the attribution provided for by the provisions of article 25 letter c) of Law n. 304/2004 on judicial organization, reissued, with subsequent modifications and terminations, respectively. the notification of the Constitutional Court for the exercise of constitutionality control, before its promulgation, of the Law of reform and complementation of Law 241/2005 of prevention and fight against tax evasion (PL-x 354/2018/2020) ” , is reflected in a statement from the Court. supreme, according to Agerpres.
The Ministry of Justice also announced that it will propose to the Government the appeal to the Constitutional Court of this provision of Law 241/2005 on the prevention and fight against tax evasion.
Escapees escape jail if they pay the damage
The bill adopted this Tuesday by the Honorable Chamber of Deputies stipulates that the sanction can be applied with a fine and not with prison in the case of people charged with tax evasion of up to 100,000 euros, who pay all the damages.
Art. 10, alin. (1): In the event of committing a crime of tax evasion provided for in art. 8 and 9, if during the criminal investigation or trial the damage caused is fully covered, and its value does not exceed 100,000 euros, in the equivalent of the national currency, the sanction with a fine may be applied. If the damage caused and recovered under the same conditions is up to 50,000 euros, in the equivalent of the national currency, the fine will be applied.
In the event of committing any of the crimes provided for in art. 8 and 9, if during the criminal investigation or during the trial, until the final judicial sentence is pronounced, the damage caused by the commission of the deed, increased by 20% of the calculation base, to which are added the interests and penalties are fully covered, the deed is not also penalized, applying the provisions of art. 16 par. (1) on. h) of Law 135/2010 of the Criminal Procedure Code, with subsequent modifications and completions.
The provisions of this article apply to all defendants, even if they did not contribute to the coverage provided in par. (1) and (1 prime).
According to the Ministry of Justice, the project was negatively approved by the Government and was again challenged in the RCC, the Court accepting the unconstitutionality exceptions and declaring the project unconstitutional as a whole.
Thus, initially, the law was adopted by the Honorable Chamber of Deputies on December 19, 2018, but was attacked by PNL, PMP and USR in the Constitutional Court, which admitted the unconstitutionality exceptions through Resolution No. 147/2019.
Upon reexamining the law, as a result of the RCC’s decision, the deputies approved some amendments on Tuesday, introducing the fine, alternatively with the prison sentence, in the case of tax evasion crimes.
Publisher: BP
