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January 27, 2023

Constitutional Court rules: President has immunity from prosecution

Yesterday, the Constitutional Court rules that the suspension of the criminal proceedings against the president of the country for immunity reasons is constitutional, by that declining the claim introduced by PSD Senator Gabriela Firea, who contested the prosecutor’s decision on her blackmail complaint made against Traian Basescu.
The ruling of the Constitutional Court is final and generally binding.
On 20 June, the High Court of Cassation and Justice (ICCJ) notified the Constitutional Court on the suspension of criminal proceedings against President Traian Basescu for immunity reasons in the case where PSD Senator Gabriela Firea had reported a blackmail by Traian Basescu. Later on, on 24 July, ICCJ rejected as inadmissible Gabriela Firea’s complaint against the prosecutor’s decision to suspend criminal investigation in the president’s case on grounds of immunity. The decision of the supreme court, passed in council chamber, is final.
The complaint was filed with ICCJ on 28 May by the lawyer representing Gabriela Firea (PSD), Lucian Bolcas, after the supreme court Prosecutor’s Office had decided to suspend investigations against the president ‘for calumny’. The lawyer showed in his claim that the president’s immunity must not violate the equality of rights of the citizens of a democratic state.
The Basescu-Firea scandal started after the president said, referring to the PSD senator: ‘She’s better keep her head low and mind what happens on the estate of her husband, where he is a mayor. She just might not find him at home some day, if she’s not careful. I understand that quite a few bad things are happening in his parish’. President Traian Basescu also said that PSD Senator Gabriela Firea was ‘a blackmailer by profession’.

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