March 5, 2021
Three Articles by Toni Neacșu
My friend Adrian Toni Neacșu has come forward with three articles of major importance for #TheSovereigntyLaw, articles essential to the defence of the citizen’s rights and to the strengthening of the prestige and independence of the Judicial power:
Art. 25. Law no. 304/2004 on judicial organisation, published in the Official Gazette of Romania no. 827 of 13 September 2005, as subsequently amended and supplemented, is amended as follows: “Article 16(3) is amended and shall read as follows: Deliberation and the delivery of the judgment shall take place within a term set by the panel, but no later than 30 days from the close of the hearings, which may be extended in exceptional situations by up to 30 days at a time, no more than twice.”
Art. 26. Law no. 135/2010 on the Code of Criminal Procedure, published in the Official Gazette of Romania no. 486 of 15 July 2010, as subsequently amended and supplemented, is amended as follows: Article 391(1) is amended and shall read as follows
Deliberation and the delivery of the judgment shall take place within a term set by the panel, but no later than 30 days from the close of the hearings.
2. Article 391(2) is amended and shall read as follows
In exceptional situations, where, given the complexity of the case, deliberation and delivery cannot take place within the term provided for in paragraph 1, the court may postpone delivery by up to 30 days at a time, no more than twice.
3. Article 405(3) is amended and shall read as follows
The presiding judge of the panel shall read out the operative part of the minute.
4. Article 406(1) is amended and shall read as follows
The judgment shall be drafted within the term set for its delivery
5. Article 407(1) is amended and shall read as follows
After delivery, the judgment shall be communicated to the prosecutor, to the parties, to the injured person and, where the defendant is under arrest, to the administration of the place of detention, with a view to the exercise of the remedy at law. Where the defendant, the civil party or the injured person does not understand Romanian, a copy of the judgment shall be communicated to that person in a language he or she understands. Once the judgment has been drafted, it shall be communicated to them in its entirety.
Art. 27. Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania no. 247 of 10 April 2015, as subsequently amended and supplemented, is amended as follows: Article 395(1) is amended and shall read as follows
After the close of the hearings, the panel shall deliberate in secret upon the judgment it is to deliver, within the term set for the delivery of the judgment.
2. Article 396 is amended and shall read as follows
Postponement of delivery
(1) In exceptional situations, where, given the complexity of the case, delivery cannot take place within the term provided for in Article 402(1), the court may postpone delivery by up to 30 days at a time, no more than twice.
(2) In the case of the postponement provided for in paragraph (1), the presiding judge may, at the same time as announcing the date to which delivery has been postponed, decide that the judgment shall be delivered by making the solution available to the parties through the registry of the court.
(3) Where delivery has been postponed, the judgment may not be delivered before the date set for that purpose.
3. Article 402 is amended and shall read as follows:
Delivery of the judgment
Paragraph 1. The judgment shall be delivered within a term set by the panel and announced in open court, but no later than 30 days from the close of the hearings.
Paragraph 2. The judgment may be delivered in open court, at the place where the hearings were held, by the presiding judge or by a judge who is a member of the panel, who shall read out the minute, also indicating the remedy that may be used against the judgment; or it may be delivered by the registry of the court making the judgment available to the parties.
4. Article 426(5) is amended and shall read as follows
The judgment shall be drafted and signed within the term set for its delivery. The dissenting opinion of the judge left in the minority and, where applicable, the concurring opinion shall be drafted and signed within the same term.
5. Article 427(1) is amended and shall read as follows
The judgment shall be communicated ex officio to the parties, in copy, even if it is final. Communication shall be made immediately after delivery.
Articles 25–27 of #TheSovereigntyLaw
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