The High Inspector of Justice has concluded the ex officio verification regarding the implementation of Law no. 33/2024 “On Granting Amnesty”, based on the data collected during this verification from courts and prosecution offices, as well as on information reported by several media outlets concerning issues related to the application of this law.
The initiative of the HIJ aimed to ensure the correct and effective implementation of the purpose of criminal amnesty laws, in line with the principle of humanism in criminal justice, as well as the rehabilitation and social reintegration of convicted persons, in accordance with the standards established by the case-law of the European Court of Human Rights.
In this context, the High Inspector of Justice collected data from the General Directorate of Prisons on potential issues identified during the implementation of the law, particularly regarding the reasoning of court decisions; the issuance of enforcement orders by prosecutors; and other matters related to the activity of magistrates. Subsequently, an ex officio verification was initiated concerning the activity of magistrates in the enforcement of final court decisions, along with controls carried out in several prosecution offices and courts regarding the issuance of enforcement orders and the reasoning of court decisions.
At the conclusion of the verification, several issues were identified:
- Confusion in the interpretation of provisions related to the initiation of enforcement by the prosecutor;
- Lack of immediate action following the receipt of the abbreviated decision for the issuance of the enforcement order;
- Differing interpretations and applications of criminal procedural provisions regarding the pronouncement of summarized decisions by courts;
- Identification of time discrepancies between the date of the final court decision and its transmission;
- Inconsistencies between the date of registration of the decision in the prosecution office secretariat, the date of receipt by the prosecutor, and the date of the accompanying transmission letter of the enforcement order;
- Failure to record, in the internal delivery registers, the date on which the prosecutor received and administered the enforcement of transmitted and registered final court decisions.
The High Inspector of Justice analysed the activities of the courts and prosecution offices identified during the verification in relation to the legal framework governing the enforcement of criminal decisions and constitutional jurisprudence, highlighting issues that should be taken into consideration by the Court of Appeal of the General Jurisdiction, the Prosecution Office attached to the Court of Appeal of the General Jurisdiction, as well as all courts of first instance of the general jurisdiction and their respective prosecution offices.
The High Inspector of Justice emphasizes the necessity of respecting statutory deadlines and ensuring coordination among the institutions responsible for the enforcement of criminal decisions, in order to guarantee the recognition and effective implementation of the rights granted to all categories of persons, whether in pre-trial detention or convicted, in accordance with the relevant legislation. At the same time, increased attention is required from prosecution offices, courts, and penitentiary institutions when amnesty laws are adopted, to ensure rigorous compliance with legal requirements and procedural deadlines, so as to avoid adverse consequences for the enjoyment of rights and benefits provided by such laws.
The High Inspector of Justice notes that the issues identified through the verification of the practical application of the Law “On Granting Amnesty” by courts and prosecution offices should be subject to discussion and appropriate follow-up, respectively, within the General Assembly of Judges and by the heads of prosecution offices.
Finally, the High Inspector of Justice informs that, depending on the needs of the system, legal obligations, the most frequent issues identified through complaints, the institutional work priorities, and available institutional capacities, it will assess the conduct of a thematic inspection at the Court of Appeal of the General Jurisdiction, courts of first instance of the general jurisdiction, prosecution offices attached to courts of first instance of the general jurisdiction, and the Prosecution Office attached to the Court of Appeal of the General Jurisdiction, focusing on the procedures and time limits for the enforcement of criminal court decisions.
