By :Apr 29, 2022Comments Off on Legal Updates 29 April 2022
1. The Romanian Decision no. 3/2022 regarding the examination of the complaint submitted by the Cluj Court of Appeal, Criminal Section, through which, based on the art. 476, para. (1) of the Romanian Criminal Procedure Code, related to the art. 475 of the Romanian Procedure Code, requests a preliminary ruling on a legal matter, adopted by the High Court of Cassation and Justice of Romania
In the interpretation and application of the provisions of the art. 3 of the Romanian Law no. 143/2000, when a person travels to Romania by plane, carrying drugs, the drugs are considered introduced in Romania (having as result a crime) when the person on board the aircraft crosses the Romanian border, entering the airspace between the state borders of Romania, in the absence of the Romanian customs control.
The placement of the perpetrator on a territory which is assimilated to Romania or the simple embarkation on a ship under the Romanian flag or on an aircraft registered in Romania, in the conditions of a drug possession, does not match to the crime of the international drug trafficking, for the existence of which it is necessary to translate the Romanian border.
2.The Romanian Order no. 563 / C / 30/497/589 / C / 2022 amending and supplementing the Order of the Minister of Justice in Romania, the Minister of Internal Affairs of Romania, the President of the High Court of Cassation and Justice of Romania and the Prosecutor’s Office no. 1,274 / C / 111 / 2,037 / 1,123 / C / 2017 on the model of the written information handed to the suspects or defendants in Romania, in criminal proceedings in which they are deprived of their liberty or to the people who are arrested for the purpose of executing an European arrest warrant
In cases where legal assistance is mandatory in Romania, according to the Romanian criminal law provisions, the interpreter can help you to communicate with your lawyer, free of charge.
You have the right to be informed, in the language that you understand, about the reasons for your detention / house arrest / pre-trial detention in Romania.
The measure of detention or pre-trial detention in Romania can be taken only after you have been interviewed in the presence of a lawyer.
If you are under 18, your case will be tried in particular and urgently in Romania.
3.The Romanian Competition Law no. 21/1996 is amended and supplemented as follows:
The members of the Plenum of the Romanian Competition Council, as well as the staff of the Romanian Competition Council who are informed of the classified, confidential information or facts / actions that constitute trade, banking or other secrets or sensitive information protected by the law or internal regulations of the Competition Council Romania, during the period in which they carry out the activities related to the application of this law, have the obligation not to reveal and also to maintain the confidentiality regarding it. The obligation to maintain the confidentiality of the information subsists no matter if the person still holds the status of a member of the Plenum of the Romanian Competition Council or that of an employee of the Romanian Competition Council.
In situations where an operation of control to certain companies or assets poses risks to the Romania national security, the Government of Romania, according to the opinion of the Commission for the Examination of the Foreign Direct Investment, will issue a decision prohibiting it, respecting the competence of the European Commission in this field.