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September 30, 2020
JUSTICE

Anti-corruption head Kovesi dismisses as ‘ridiculous’ claims about judiciary putting in concerted efforts to fabricate criminal cases

Chief Prosecutor of the National Anti-corruption Directorate (DNA) Laura Codruta Kovesi on Tuesday evening told Radio Romania Actualitati (RRA)  public broadcaster that claims about the entire judicial system putting in concerted efforts to fabricate criminal cases are ridiculous, underscoring that the high number of magistrates involved in handling a criminal case makes such scheming impossible, and that the evidence collected by the prosecutors is re-examined by judges in courts.

Referring to allegations about criminal cases being fabricated, Kovesi said: “It’s a totally false myth, I’d say it’s both deceitful and slanderous. Because from the moment a criminal complaint is filed until a final sentencing ruling is handed down, there’s a whole line of magistrates, prosecutors and judges involved. Frequently, there are more than 10 or even 15 magistrates who work in different prosecution offices, different courts, sit on different panels. All the cases built by prosecutors are tried by judges. The judges re-examine the evidence produced by the prosecutors during the criminal investigation. It’s ridiculous to claim that the entire system is putting in concerted efforts to fabricate criminal cases. (…) Case fabrication is out of question, it’s a lie,” said the DNA Chief Prosecutor.

Kovesi was also asked to comment allegations that anyone can get in the crosshairs of the “political police” anytime.

“It’s a myth fabricated by people under investigation. Our activity is subject to cross-checking. In the first place, when a prosecutor violates the law, when he oversteps his job responsibilities, the Supreme Council of the Magistrates can be notified and the Judicial Inspection proceeds to verifying the way he accomplished his tasks. In everything we do in connection to criminal cases, the measures we order, the evidence we handle, everything is looked into by the judges on the case. If, for instance, a prosecutor orders a measure, whoever is affected by it may appeal it to a judge. And the judge decides if the prosecutor has enforced the law fairly or not,” replied the DNA head.

Answering another question, Kovesi said that no one is being investigated or prosecuted in Romania for no reason. This happens “when there is a criminal complaint against someone, when there are indications that they have perpetrated crimes, and moreover, not all the cases where a criminal complaint is filed also end up in court,” said Kovesi.

 

 Only 4 out of 403 files sent to court by DNA in 2016 were returned to prosecutors

 

The National Anti-corruption Directorate (DNA) has sent to court in 2016 as many as 403 files, out of which only four were returned permanently to the prosecutors, the DNA Chief Prosecutor Laura Codruta Kovesi stated on Tuesday night at a Radio Romania Actualitati (RRA) broadcast.

“Out of the 403 files sent to court in 2016 by the DNA, only 4 were permanently returned to the prosecutors. So, 1 pct. A returned file doesn’t mean the end of the criminal lawsuit. It doesn’t mean that the person who has been investigated is guilty or not, because a returned file is not even to a final solution. There were situations when a file was sent back to the DNA, then it was sent to court again and sentences were given. A returned file is not the end of a lawsuit, is not a guilty or not guilty verdict,” Kovesi told the RRA.

Kovesi also said that in the past three years, the DNA has sent to court more than 1,170 persons for abuse of office, the amount of the damages being rd one billion EUR. Also, in the last three years, the DNA impounded goods worth over 1.5 billion EUR, out of which 600 million EUR in 2016.

The DNA head added that it is very important for the Public Finance Ministry to recover these sums and the money to get to the state’s coffins.

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