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July 1, 2022

UNJR, proposal for Toader: Recruiting magistrates, punishable by up to 10 years in prison

The National Union of Romanian Judges (UNJR) has sent the Supreme Magistracy Council (CSM) proposed amendments to Justice Minister Tudorel Toader’s bill amending the statute of judges and prosecutors. UNJR would like the law to clearly stipulate punishments for intelligence service employees who recruit or attempt to recruit magistrates.

One of the amendments to law no.303/2004 on the statute of magistrates, proposed by the organisation led by judge Dana Girbovan, stipulates: “Intelligence services are not allowed to recruit, as operative workers, including undercover operatives, informers or intelligence service collaborators, the persons listed on Paragraph 1. The infringement of this interdiction is a crime punishable by 5 to 10 years in prison.”

Moreover, UNJR proposes that “in case the crime of recruiting a judge, prosecutor or member of the auxiliary personnel is committed by an officer holding a leadership position, or is done at his/her instigation,” the limits of the prison sentence should be hiked by 50 percent. Namely, the crime should be punishable by up to 15 years in prison.

“Given the fact that intelligence services are hierarchical structures, the guilty act committed by the superior at whose instigation a magistrate is recruited, or an attempt is made to recruit him/her, is graver than that of the intelligence service subordinate, hence it should be punished accordingly,” the UNJR argues.

Another UNJR proposal stipulates that the attempt to recruit a magistrate should also be punished.

Likewise, the UNJR wants the parliamentary committees overseeing the activity of the intelligence services endowed with the prerogative to verify whether the intelligence services have undercover operatives within the judiciary.

“Intelligence services are obligated to put at the committee’s disposal all relevant data, information or documents,” reads another paragraph that the UNJR wants to see introduced in the statute of magistrates.

“The old regulation, which did not allow magistrates to be undercover operatives, did not however impose any punishment for the members of intelligence services who recruited or attempted to recruit magistrates, nor did it offer effective means of oversight, making it purely formal, something proven by the fact that for the past two years the status of verifying the existence of undercover operatives within the judiciary has not been clarified,” UNJR President Dana Girbovan claims.

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