CCR a decis că modificarea legii privind unele fapte de corupție e constituțională
CCR a decis că modificarea legii privind unele fapte de corupție e constituțională. Este vorba despre o sesizare a PNL și USR , în care se reclama că Parlamentul nu a pus în acord modificarea art 12 din Legea nr. 78/2000 cu o decizie anterioară a Curții.
Decizia Curții
„Obiecția de neconstituționalitate a Legii pentru completarea art.12 din Legea nr.78/2000 pentru prevenirea, descoperirea și sancționarea faptelor de corupție, obiecție formulată de deputați aparținând Grupurilor parlamentare ale Partidului Național Liberal și Uniunii Salvați România; În urma deliberărilor, Curtea Constituțională, cu majoritate de voturi, a respins, ca inadmisibilă, obiecţia de neconstituţionalitate şi a constatat că Legea pentru completarea art.12 din Legea nr.78/2000 pentru prevenirea, descoperirea și sancționarea faptelor de corupție este constituţională în raport cu criticile formulate. Decizia este definitivă și general obligatorie și se comunică Președintelui României„, este decizia CCR.
Cele două partide spuneau în sesizare că modificarea art. 12 din Legea nr.78/2000 vizează dezincriminarea faptelor de corupţie în cazul în care acestea sunt săvârşite în scopul obţinerii pentru altul de bani, bunuri ori alte foloase, precum şi în cazul în care sunt săvârşite în scopul obţinerii pentru sine de alte foloase decât cele materiale.
Este a doua oară când CCR ia în discuție acest proiect. Inițial, Curtea constatase că dispozițiile articolului sunt neconstituționale, iar USR și PNL au considerat că Parlamentul nu a pus legea în acord cu recomandările CCR.
„Constatăm că, în procedura de reexaminare a Legii (…) ca urmare a Deciziei CCR 584/2018, Parlamentul României a ignorat considerente cu caracter general din decizia precizată, fapt care afectează, din perspectivă constituţională, conţinutul articolului unic în forma adoptată după reexaminare. În opinia noastră, au fost ignorate dispoziţiile paragrafului 72 din Decizia nr. 584/2018, cât şi ale paragrafului 68 din aceeaşi decizie. (…) Deducem (…) că legiuitorul avea obligaţia, din perspectivă constituţională, de a lua act de necesitatea menţinerii în vigoare a formei actuale a art.12 din Legea nr.78/2000, per a contrario, restrângerea conţinutului infracţiunii realizată prin dispoziţiile alin.(2), nou introdus prin legea legea criticată, este neconstituţională”, se arată în sesizarea deputaţilor PNL şi USR.
Foto: Inquam Photos / George Călin
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