A New Step in the Judiciary Reform

This law consolidates the judiciary reform, and is as important at this point as the law codes, because it facilitates their enforcement, says the president.

In his opinion, the new law is in answer to the wish that Romanians harbor to have better and faster trials.

Two of the benefits of the law are enlarging the circle of institutions mandated to file appeals and creating the premises for a speedier prosecution of appeals.

“Regarding the process of appeals that uphold the law, there has been an expansion in the number of structures or people who can appeal in order to better uphold the law, and once this law is passed, an appeal for the better course of justice can be filed by the ombudsman, as well as by the Leading Council of the Higher Court of Cassation and Justice.

"Also, in order to prosecute appeals towards the better course of justice, a special board of judges is created so that these appeals can themselves get a speedier process of justice”, says the president.

Also in terms of appeals, the function of judge delegate is created. He or she shall issue a report and recommend solutions to the board of judges.

The head of state, at the same time, remarked on the article regarding the jurisdiction of judges to prosecute any trial involving damages or payments of 2,000 lei at the most (the equivalent of 460 Euro), which would solve the issue of fines, which right now reach the highest courts.

The new law also regulates cases in which a change of venue is claimed, making a judge prosecute within a limited range of a given residence and distances thereof.

The new law, at the same time, allows citations to be issued by modern means other than mail, such as telephone, telegraph or e-mail.

In case there is a large number of claimants, the prolongation of prosecuting cases will be avoided by designating a representative of the sides.

President Basescu saluted the fact that, after the law has been passed, it will be very difficult to arrest a person without the prosecutors holding, at the time of taking into custody, elements to prove the criminal act.

Investigators will thus have to submit to the judge sufficient evidence to propose arrest and the commencement of a criminal investigation.

Other amendments that the law brings to the Criminal Code are instituting mediation and a new type of approach in case guilt is admitted.

The latter involves a major reduction in the sentence, with the condition of immediately recovering the damage incurred.