The Constitutional Court (CCR) rejected the notification of USR and Forța Dreptei on the subject of the law initiated by Marcel Ciolacu and Nicolae Ciucă, by which escapees who caused damage of up to one million euros escape prison if they pay the amount plus a penalty.
“The court held that the provisions of the criticized law constitute an important step in the transition that states must make from the traditionalist theories of a retributive nature of criminal law, according to which the application of custodial sentences in the case of crimes is a condition sine qua non of the restoration of the legal order, towards the modern theories specific to this branch of law, according to which, in the case of crimes aimed at achieving illicit gains, the main objective of the state criminal policy must aim at the discovery and confiscation of the respective assets (in a broad sense), with a view to introducing them or their equivalent in the public budget”, the CCR decision states.
The Chamber of Deputies adopted, on December 19, as a decision-making body, the project initiated by PSD and PNL leaders, Marcel Ciolacu and Nicolae Ciucă, regarding some measures to strengthen the capacity to combat tax evasion. The normative act amends Law no. 241/2005 for preventing and combating tax evasion.
According to the new provisions in the case of tax evasion crimes, “if until the expiry of a maximum period of 30 days from the completion of the control carried out by the competent bodies, after which a damage due to the general consolidated budget of up to 1,000,000 euros is individualized, the damage increased by 15% of its value, to which interest and penalties are added, is fully covered, by actual payment, the act is not punished”, the deputies established.
In this situation, the competent bodies will not notify the criminal investigation bodies.
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