ICCJ refers to CCR on the 'fugitives' law: The right to individual liberty is violated  

  The High Court of Cassation and Justice (ICCJ) considers that the ‘fugitives’ law is non-constitutional as a whole and they sent a referral in this regard to the Constitutional Court of Romania (CCR). The decision was taken on Tuesday, following the convening of the United Sections of the Supreme Court, with the participation of 88 judges.According to the Supreme Court, among the rights violated through this law there is also that of fair trial and individual liberty."The High Court of Cassation and Justice has decided to refer to the Constitutional Court of Romania for constitutionality review, before promulgation, the Law for amending and supplementing Law No 286/2009 on the Criminal Code (PL-x No 675/2023). The complaint of unconstitutionality concerns the provisions of the above-mentioned legislative act, in its entirety, the United Sections considering that the provisions of Article 1 para. (5) On the principle of legality, Art. 21 para. (3) Of the Romanian Constitution on the right to a fair trial in conjunction with the provisions of Article 23 para. (2) On the right to individual liberty, as well as Art. 15 para. (1) and (2) of the Constitution on the non-retroactivity of the law," a press release from the Supreme Court said. On 29th November, the plenary of the Deputies’ Chamber adopted a draft law initiated by the ministry of justice, according to which the persons with a final sentence who do not report to the police within seven days for incarceration, they will be considered fugitives and risk a sentence of six months to three years."Escape from lawful custody or detention is punishable by imprisonment for a term of 6 months to 3 years. When the escape is committed by the use of violence or weapons, the penalty is imprisonment from 1 to 5 years and a ban on exercising certain rights. The following shall be considered escape: a) unjustified non-appearance of the sentenced person at the place of detention at the end of the period during which he/she was legally free; b) leaving, without authorisation, the place of work outside the place of detention; c) violation by the person under house arrest of the obligation not to leave the building or failure to comply with the itinerary or conditions of travel, established by law. The act of a person sentenced to life imprisonment or to imprisonment who fails to report to the police for the execution of the sentence within 7 days from the date on which the final judgment ordering the execution of the sentence became final shall also be considered escape", the draft law states.   The sentence imposed for the offence of escape is added to the sentence remaining unserved at the time of escape, the act adds.   Alina Bica, Mario Iorgulescu, Paul de Romania, Sorin Oprescu, Dragos Savulescu or Catalin Chereches are only some names on the list of people with a final sentence in Romania who managed to leave the country in order to avoid being incarcerated. Italy and Greece are the countries the convicted fugitives prefer.