September 22, 2021
Recriminalising the Undermining of the Economy
#TheSovereigntyLaw re-criminalises “the undermining of the national economy” by bringing it within the offence of “Treason” (Art. 394 of the Criminal Code) and brings within the scope of “High treason” (Art. 398 of the Criminal Code) the deed of the President of Romania in failing to put into effect, within 10 days, the Decisions of the Constitutional Court settling conflicts of a constitutional nature.
Because #ThisCanNoLongerGoOn!
“Article 9
Law no. 286 of 17 July 2009 on the Criminal Code, published in the Official Gazette no. 510 of 24 July 2009, as subsequently amended and supplemented, is amended and supplemented as follows: (…)
(10) In Article 394, after paragraph (1) a new paragraph is inserted, paragraph (2), with the following content:
“Where the deed provided for in paragraph 1, letter b, has caused significant damage to the national economy, the punishment shall be life imprisonment or imprisonment from 15 to 25 years and the prohibition of certain rights.”
(11) In Article 398, after paragraph (1) a new paragraph is inserted, paragraph (2), with the following content:
“Likewise, an act of High treason attracting the same punishment is the failure of the President of Romania to put into effect the Decisions of the Constitutional Court settling conflicts of a constitutional nature, within 10 days from the communication of the operative part.”
Statement of reasons:
“Article 9 amends Law no. 286/2009 — the Criminal Code, bringing the legislation in this field into line with the latest decisions of the Constitutional Court, and also with the legislative amendments introduced by the present legislative proposal. (…)
Paragraph 9 inserts a new letter into Article 394 of the Criminal Code, under the marginal heading Treason — letter e — which criminalises the deed of a Romanian citizen who enters into contact with a foreign power or organisation, or with agents thereof, for the purpose of suppressing or impairing the unity and indivisibility, the sovereignty or the independence of the State, by exercising an office of public dignity or an office entailing the exercise of State authority. Account was taken of the fact that the exercise of an office of public dignity, or of an office entailing the exercise of State authority, by the active subject of the offence of treason — that is, by the Romanian citizen who has entered into contact with a foreign power or organisation or with agents thereof for the purpose of suppressing or impairing the unity and indivisibility, the sovereignty or the independence of the State — constitutes a danger to national sovereignty and to the security of the State. The exercise of such an office of public dignity, or of an office entailing the exercise of State authority, constitutes a state of real and imminent danger to the constitutional and legal order of Romania, and the existence of the means provided for in letters a to d of Article 394 of the Criminal Code is not required; for which reason, in defence of national sovereignty and of economic, financial, sanitary and social security, the criminalisation of this deed is necessary precisely in order to avert the consequences of the criminal actions of citizens who have entered into contact with a foreign power or organisation or with agents thereof, the accession of such persons to such an office being itself the very aim pursued by the foreign powers and organisations or by their agents. At the same time, account was taken of the fact that the offence of High treason, provided for and punished by Article 398 of the Criminal Code, criminalises only deeds committed by “the President of Romania or by another member of the Supreme Council of National Defence”, leaving outside the criminal sphere the deeds committed by all other persons exercising offices of public dignity or offices entailing the exercise of State authority.
Paragraph 10 inserts a new paragraph into Article 398 of the Criminal Code, under the marginal heading “High treason” — paragraph 2 — which establishes an aggravating circumstance to the offence criminalised in paragraph 1, raising the limits of punishment for the deed of entering into contact with a foreign power or organisation, or with agents thereof, for the purpose of suppressing or impairing the unity and indivisibility, the sovereignty or the independence of the State, through economic or political undermining or the undermining of the State’s defence capacity, where that deed has caused significant damage to the national economy. As the very text of paragraph 1 states, the criminalised deed is such as to endanger national sovereignty; the raising of the limits of punishment for the grave consequences of the deed is intended as a means of dissuasion for the perpetrators, all the more so as the perpetrators may be persons holding important positions within the Romanian State.
Paragraph 11 inserts a new paragraph into Article 398 of the Criminal Code, under the marginal heading “High treason” — a paragraph bringing within the scope of high treason the deed of the President in failing to put into effect the Decisions of the Constitutional Court settling conflicts of a constitutional nature, within 10 days from the communication of the operative part. The necessity of criminalising this deed lies in the importance of the value protected — namely the importance of the immediate implementation of the provisions of the Decisions of the Constitutional Court — as well as in the absence of any means of coercion or any sanction against a President who breaches the Constitutional order and ignores the judgments interpreting the Constitution with a view to the application of the fundamental act, such deeds being of a nature fundamentally to affect national sovereignty.”
TO BE CONTINUED.
Post scriptum:
If you agree with the principles promoted by the Sovereignty Law, sign up as a volunteer in the #ArmyOfSovereignty at http://VremSuveranitate.ro/ !
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