Harsher punishments for torturers

Agents of law enforcement bodies who resort to torture or ill-treatment will be punished harsher. According to the changes to the Criminal Proceedings Code and to the Penal Code, published on December 21 in the gazette, there will be no more suspended sentences in cases or torture and amnesty will not be allowed in cases of inhumane or degrading treatment with aggravating circumstances, Info-Prim Neo reports. Head of the anti-torture department of the Prosecutor General’s Office, prosecutor Ion Caracuian told the press on Saturday, December 22, that the implementation of this law will lay the foundations for improving the efficiency of prosecutor’s offices in preventing and fighting torture. “These amendments to the criminal law were determined by the fact that current punitive practices prove the inefficiency of penalties applied by courts in this category of offenses, according to the jurisprudence and requirements imposed by internationals standards”, he said. Beginning on December 21, the intentional causing of physical or psychological suffering by representatives of law enforcement bodies will be punished with 2 to 6 years in jail or fines between 800 and 1000 conventional units, in addition to a ban from certain positions and jobs for 3 to 5 years. If previously the penalty for torture was between 2 and 5 years in jail, now it was increased to 6-10 years. In cases with aggravating circumstances, the sentence rises to 8-15 years. “It must be noted that besides increased penalties, we also remove the possibility of suspended sentences. Thus, the preventive goal of criminal law and punishments will be fully accomplished”, said Ion Caracuian. Complaints that denounce ill-treatment or torture oblige the prosecutor to take all measures to establish the presence or absence of reasonable suspicion and to undertake the proper proceedings within 15 days. The arrested persons will undergo obligatory medical examination before entering and upon the exit from the detention place.
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