Romania: new perspective on dawn raids and leniency following criminal legislation amendments

By Cătălin Suliman

The entry into force in Romania on 1 February 2014 of the new criminal codes implementing laws — i.e. Law no. 187/2012 and Law no. 255/2013, respectively — brought important changes to certain non-criminal laws such as Competition Law no. 21/1996 republished, as further amended and supplemented. Two of these amendments concern the requirement of a court warrant for dawn raids and the immunity/reduction of prison sentences for those individuals who, under certain conditions, blow the whistle on Competition Law infringements.

Prior to the amendments brought by Law 255/2013, Romania’s Competition Council was able to conduct dawn raids at the premises of undertakings without a court warrant, but rather based only on an internal order issued by the president of the Competition Council. The judicial approval was (and still is) necessary for conducting inspections at the private premises (e.g. homes and vehicles) of the managers, directors and employees of the undertakings under investigation. As of 1 February 2014, along with the order from the president of the Competition Council, a court warrant is also necessary for conducting (unannounced) inspections at business premises.

This amendment to the Competition Law follows a broader European trend in dawn raids, with the competition legislation in several EU member states requiring judicial approval (e.g. Austria, Germany, France, Hungary, Latvia, Poland and Sweden), while in some other members states a court warrant is required in the event there is opposition to the inspection (e.g. Spain). At the level of the European Commission, a judicial warrant is also not required to conduct a dawn raid…

Click on the link below to read the rest of the Schoenherr briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Schoenherr

View more briefings from Schoenherr

Analysis from The Lawyer

Overview

Schottenring 19
1010, Vienna
Austria
http://www.schoenherr.eu/

Turnover (€m): 66.60
Jurisdiction: Austria