Romania President returns forced marriage law to Parliament

The President of Romania, Nicușor Dan, has sent a law concerning forced marriages and forced cohabitation back to Parliament for re-examination. The legislation aims to criminalize practices such as forcing individuals, including minors, into marriage or relationships, sometimes in exchange for material benefits.

President Dan cited several legal inconsistencies and risks of judicial confusion. Specifically, he noted that the new law proposes prison sentences of one to five years for transporting a person to force a marriage, whereas existing provisions in the Criminal Code regarding human trafficking carry penalties between five and twelve years. This creates a risk of double classification with vastly different sanctions for the same act.

Additionally, the President pointed out discrepancies regarding the suspension of sentences. While the Criminal Code prohibits suspending sentences for crimes involving person exploitation, the new law would allow such suspensions. The legislation also covers illegal adoptions obtained through coercion or deception and cases where individuals are forced to carry a pregnancy for others. Parliament must now correct these legislative overlaps and ambiguities before the law can be sent back for promulgation.