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December 6, 2021
JUSTICE POLITICS

Prosecutors close file on presidential elections of 2009

The file concerning the presidential elections of December 2009 has been closed by prosecutors, the High Court’s Prosecutor’s Office announced on Tuesday.

“Prosecutors from the criminal probe and forensics section of the Prosecutor’s Office attached to the High Court of Cassation and Justice (PICCJ) have ordered the dossier closed because – by corroborating the evidence administered – it was established that there is no element/clue pointing to the reasonable suspicion that the persons named in it carried out or attempted to carry out actions that would intersect the criminal sphere, namely that would match the incriminating text of abuse of office, stipulated by Article 297, Paragraph 1 of the Criminal Code with the application of Article 5 of the Criminal Code (Article 248 related to Article 2481 of the old Criminal Code), and the crime of forging electoral documents, stipulated by Article 391, Paragraph 3 and 4 of the Criminal Code with the application of Article 5 of the Criminal Code (formerly Article 62, Paragraph 3 and 4 of Law no.370/2004 on the election of the Romanian President),” reads a communique that the High Court’s Prosecutor’s Office issued on Tuesday.

On April 24, the Prosecutor’s Office attached to the High Court of Cassation and Justice (PICCJ) started a criminal probe, in rem, in the dossier concerning the presidential elections of 2009, probing the crime of abuse of office, stipulated by Article 297, Paragraph 1 of the Criminal Code with the application of Article 5 of the Criminal Code (Article 248 related to Article 2481 of the old Criminal Code), and the crime of forging electoral documents, stipulated by Article 391, Paragraph 3 and 4 of the Criminal Code with the application of Article 5 of the Criminal Code (formerly Article 62, Paragraph 3 and 4 of Law no.370/2004 on the election of the Romanian President, amended and republished).

“We point out that the guilty acts for which the criminal probe was started expire under the statute of limitations in 10 years according to the old law – Article 122, Paragraphs b and c of the old Criminal Code – and in 8 years according to the new law – Article 154, Paragaph 1c of the new Criminal Code,” the PICCJ pointed out.

 

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Nicolicea: The decision is fair; the committee will continue to work

 

PSD MP Eugen Nicolicea stated on Tuesday at the Parliament that the decision of the Prosecution Office attached to the Supreme Court to close the case on the presidential elections of 2009 is fair, given that prosecutors were unable to establish for which institution was working the person who committed the abuse of office. As for the works of the inquiry committee on the elections, the Social Democrat said that the members of the committee will continue to work.

“As you know, until now they insisted that you are not allowed to continue an investigation in the Parliament if prosecution was started or if there is an investigation pending at the Prosecution Office. Nobody said that if there is no investigation conducted by the prosecutors, the parliamentary inquiry is affected. I’ve also said over the time that when the Prosecution Office announced that it started a criminal prosecution in rem for the offense of abuse of office, which, as its name says, is an office offense, it should mention at least for which institution was working the person who committed the abuse in question. Since they were unable to establish what this institution was, of course they couldn’t decide to start prosecution in rem otherwise than in order to make a joke. This is why the answer they provided now, namely closing the case, is the fair one” the Chairman of the Legal Committee stated.

Being asked if the Inquiry Committee will work this week, too, Eugen Nicolicea answered: “The Inquiry Committee works according to the schedule established by its leadership. We had to work this week, we also had individual study, the Monday meeting was postponed due to the events. As you know, the 60-day term was postponed, and during the holiday it will work according to the schedule established by its leadership, namely by Chairman Fifor”.

Being further asked if the activity field of the committee can be extended now, the PSD MP said that its objectives cannot be changed.

“We cannot change the objectives otherwise than through a decision of the joint plenum. Therefore, we comply with that decision, but on the other hand, no one can argue that there is an investigation in rem and shirk” the Social Democrat added.

Also being asked if certain persons will be called to the Inquiry Committee, Eugen Nicolicea said that this matter will be decided by the leadership of the committee.

“I won’t say that because, as you know, the committee is working according to very clearly established rules and its actions are decided by the plenum of the committee, namely by the leadership of the committee. Since we currently don’t have such a decision, I cannot tell you if there is such an intention” answered the Chairman of the Legal Committee.

 

Tomac: The masquerade in the committee on the presidential elections of 2009 should stop; they want to show that Basescu defrauded the elections

 

PMP deputy Eugen Tomac stated on Tuesday at the Parliament that the “masquerade” in the inquiry committee on the presidential elections of 2009 should stop, given that the Prosecution Office attached to the Supreme Court closed the case related to the elections, but most likely, the members of the committee wish to reach the conclusion that the elections have been defrauded by Traian Basescu.

“Things are not ended. Most likely, in their wisdom, those who started this subject of a major interest for the press will reach a single conclusion: the 2009 elections have been defrauded by a single person, and that person is Traian Basescu. So that’s what some people want to let others think it is happening. While things were different at the Prosecution office, most likely, those who established this inquiry committee want to reach this conclusion, namely the guilty person for what happened in 2009 is a single person, and that person is President Traian Basescu. We don’t have other explanation, because we saw we are already invited to this famous committee like to a colloquium, ordinary questions are raised to us, for which any woman who is a secretary finds an answer by searching on the internet for 30 minutes, if there is necessary” Eugen Tomac stated.

The MP also said that “all this masquerade should stop, because in the Parliament, and not only there, we can waste the energies for more important issues than this debate that leads to nowhere”.

Being asked if PMP takes into account to withdraw its representatives from the Inquiry Committee, Tomac answered that the parliamentarians of the People’s Movement Party will analyze this matter on Wednesday. “We have appointed Robert Turcescu in this committee, exactly because we wanted to have a representative in there, especially because Robert Turcescu knows very well how things happened at that time, being a directly involved journalist. He also moderated the debate between the two competitors. Therefore, from this point of view, we will discuss this matter tomorrow morning in the group, but I insist, I believe they are totally ridiculous and things should stop before preparing the great report by which they will try to prove there is a single guilty person for the alleged fraud of the 2009 elections. (…) It should stop its activity, because those who started this approach will become totally ridiculous by presenting it like this” Eugen Tomac concluded.

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