The Chairman of the Legal Affairs Committee of the Chamber of Deputies, Eugen Nicolicea, stated during Tuesday's debates on the OUG 6 on the implementation of the supervisory mandates in criminal proceedings that legislators have the right to adopt "measures concerning the effects that have occurred". ask. "Writes Mediafax.
"If you have a law of approval or a repeal law, the legislator, if it considers this, specifies in the body of the approval or rejection law the measures relating to the effects that occurred during the time that the regulation As a result, we will see whether the solution is to withdraw or approve amendments (…) and to add the measures to be taken with regard to the securities that the OUG has produced during the period. in which it was in force, "said on Tuesday, the chairman of the legal committee of the chamber of deputies, Eugen Nicolicea.
He proposed to the members of the committee to take stock of the proposals.
"With regard to these effects, please think and after centralizing these effects, we see whether or not some measures are necessary to continue or extinguish these effects, and proposals for measures must be documented. we must approve here, & Nicolicea said.
On Tuesday, the legislators debated the draft approval of OUG 6/2016 on the enforcement of technical supervision mandates in criminal proceedings. The rejection of the GEO may lead to a revision of certain evidence in cases, according to the Minister of Justice.
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The law was tacitly adopted in the Senate, where the Chamber of Deputies in this case is a chamber of decision-making.
Vice-President of the Chamber of Deputies, Florin Iordache, stated on 13 September that OUG 6/2016 should be discussed in Parliament to decide whether to be rejected or completed, arguing that "the Ministry of Justice, the SCM and the public prosecution at a table for find the solution ".
"There is a debate, we look forward to the position of the Ministry of Justice, because the 6th order did not come from somewhere in the air, but was handed out by Mrs. Pruna, when she was Minister of Justice. way and undoubtedly Regulation 6 must be rejected or largely rejected … but we have to put something in Article II, that is, all people who have been tampered with, what happens? And then we talk … The solution is in parliament: everyone in good faith, starting with the Juts Ministry, the CSM, the Attorney General, to come, sit down and find the legislative solution Protocols are very important, but these protocols have the law If they have added the law and some people have suffered, we should not regulate this? There is no masked amnesty, "said Chairman of the Special Commission for the Amendment to the Laws of Justice, Florin Iordache, in the Parlem ent.
Asked whether the OUG 6/2016 attempted to test an amnesty and pardon law, Florin Iordache replied that no, but OUG 6/2016 must be "solved" in parliament.
"It is not torture, it is the regulation 6 that has to be resolved in one way or another: adopted, rejected, adopted with amendments, etc. We are discussing a regulation 6. Regulation 6, which, from our point of view, and you have seen that there are already some court decisions, somehow the Criminal Code and the Code of Criminal Procedure have been added, if my colleagues have called upon this situation, which exists in the public space … if we have to make changes and if the courts have already seen that they have given the first judgments in which they said that in the first instance the persons in violation of the rules had been investigated abusively in court, in violation of the rules of the criminal procedure etc. Can we remain unmoved, wait for it to rise? No, "added Iordache, who said that the GEO was given during the government under the leadership of Dacian Ciolos.
Minister Tudorel Toader van Justitie said on 11 September that there is a draft in the Chamber of Deputies that analyzes the 6th Order of 2016, which was the basis for the conclusion of the same protocol protocol between the SCCP and the SRI, and as the normative act be rejected, all samples in the file can be assessed.
"There is a bill in the Chamber of Deputies that analyzes the ordinance 6 that made these mixed teams and these protocols possible, I understand that the order can be rejected, if you reject the order, it corresponds to a substantial change by a Another emergency regulation It is important for the legislator to determine what happens to the legal consequences (…) If the regulation falls, the law must be promulgated by the president and it will enter into force three days after publication in the Official Gazette. it is possible that the president attacks the CCR, the regulation is rejected, the legislator has to say what happens to the legal consequences caused by the regulation If the legislator says that the effects are maintained … but if he cancels them then go we go back to what I said, in the sense that all the evidence resolved by mixed teams will be reviewed, "Tudorel Toader told Antena3.
Toader spoke again about the regulation that would make it possible for those who have been convicted under the protocols to request a review: "I said that a regulation, a legal act with the power of the law for the person who believes that he was convicted to allow protocols, small teams, these non-legislative procedures, permit him to establish in principle an admissibility procedure to determine whether his case was based on such unlawful procedures. "
SRI director Eduard Hellvig said at the end of August that he had concluded the secret protocol of 2016 on the basis of the law and condemned him briefly because he could apply the law and without establishing a protocol between the prosecutor and the service.
"You must be devastated by reality and accuse me of having something to hide from the protocols because I ordered the audit of the existence of the protocols before the subject was publicly discussed. abuse of the SRI Personally I understand what the abuse of the state is against its citizens and will fight against abuse until the last day, regardless of who does it (…) Why did I sign it? Order 6 of 2016 forced us to sign the protocol with the state institutions for the performance of our duties Why did I condemn him? As I said earlier, the internal audit has shown that we can exercise our powers under the law without these protocols that protect the national security of I personally have nothing to hide from Romania, it is a process of transparency and normality that we have initiated, even if the law does not oblige us to do so, "said Ed. uard Hellvig, SRI director, in a press statement.