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COVID-19 Legal Insights
 
 
 
COVID-19 Legal Insights
COVID-19 Legal Insights is our response to the COVID-19 outbreak. We shall keep you informed on the various legal challenges posed by the coronavirus, thanks to a dedicated practice group comprising lawyers with different backgrounds, such as compliance/regulatory, corporate and commercial, insurance, labour and employment, litigation and arbitration, insolvency, public procurement, data privacy, tax and customs. In addition, our taskforce offers strategic advice on crisis-specific matters: corporate restructuring, review and (re)negotiation of agreements (including collective bargaining agreements and individual employment contracts), performance of the contracts which are affected by force majeure and hardship, unblocking pre-litigation relationships, etc.
COVID-19 Legal Insights is our response to the COVID-19 outbreak. We shall keep you informed on the various legal challenges posed by the coronavirus, thanks to a dedicated practice group comprising lawyers with different backgrounds, such as compliance/regulatory, corporate and commercial, insurance, labour and employment, litigation and arbitration, insolvency, public procurement, data privacy, tax and customs. In addition, our taskforce offers strategic advice on crisis-specific matters: corporate restructuring, review and (re)negotiation of agreements (including collective bargaining agreements and individual employment contracts), performance of the contracts which are affected by force majeure and hardship, unblocking pre-litigation relationships, etc.
The current context of the rapid spread of COVID-19 virus has led to the adoption of an exceptional and expedient set of measures, including in criminal matters, to limit the infection of the population. These measures were taken, among other reasons, due to the recent, numerous cases where either the quarantine or home isolation measures were not observed, or false statements have been made as regards recent travels to risk areas contacts with infected persons, which might threaten the life and health of the population. Government Emergency Ordinance No. 28/2020, published in the Official Gazette of Romania No. 228/20.03.2020, amended and supplemented the Criminal Code regarding the offense of giving false statements and hindering the fight against diseases, while also providing for a new felony: omitting to provide information on having possibly made contact with a person suffering from a contagious disease. The amendments aim both at increasing the penalties for the already existing offences, as well as regulating alternative forms of committing the incriminated acts and aggravated forms of these offenses, with specific penalties. To read the entire legal insight, please download the .pdf attached (English and Romanian).
Amendments to the Romanian Criminal Code. New offenses and more severe sanctions (24 March)
 

The current context of the rapid spread of COVID-19 virus has led to the adoption of an exceptional and expedient set of measures, including in criminal matters, to limit the infection of the population.

These measures were taken, among other reasons, due to the recent, numerous cases where either the quarantine or home isolation measures were not observed, or false statements have been made as regards recent travels to risk areas contacts with infected persons, which might threaten the life and health of the population.

Government Emergency Ordinance No. 28/2020, published in the Official Gazette of Romania No. 228/20.03.2020, amended and supplemented the Criminal Code regarding the offense of giving false statements and hindering the fight against  diseases, while also providing for a new felony: omitting to provide information on having possibly made contact with a person suffering from a contagious disease.

The amendments aim both at increasing the penalties for the already existing offences, as well as regulating alternative forms of committing the incriminated acts and aggravated forms of these offenses, with specific penalties.

To read the entire legal insight, please download the .pdf attached (English and Romanian).

According to Article 42 of the Presidential Decree No. 195/2020, during the state of emergency, court proceedings will continue solely in cases that are of particular urgency. The list of such cases is to be established by the Management Committee of the High Court of Cassation and Justice or by the homologous boards of the courts of appeal for cases that fall within their respective jurisdiction. The courts may schedule short-notice hearings, including from one day to the next, or even on the same day. Also, criminal cases that are not qualified as urgent, pending before the courts, including those being tried in preliminary chamber, are suspended ipso jure during the state of emergency. New hearings will be established and procedural acts taken by care of the judge or of the court within 10 days from the termination of the state of emergency. To read the entire legal insight, please download the .pdf attached (English and Romanian).
Criminal proceedings during the state of emergency (19 March)
 

According to Article 42 of the Presidential Decree No. 195/2020, during the state of emergency, court proceedings will continue solely in cases that are of particular urgency. The list of such cases is to be established by the Management Committee of the High Court of Cassation and Justice or by the homologous boards of the courts of appeal for cases that fall within their respective jurisdiction. The courts may schedule short-notice hearings, including from one day to the next, or even on the same day.

Also, criminal cases that are not qualified as urgent, pending before the courts, including those being tried in preliminary chamber, are suspended ipso jure during the state of emergency.

New hearings will be established and procedural acts taken by care of the judge or of the court within 10 days from the termination of the state of emergency.

To read the entire legal insight, please download the .pdf attached (English and Romanian).



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