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February 25, 2021

Prosecutor General refers Microsoft case closing to Judicial Inspection over defective procedure. DNA’s Kovesi on closing Microsoft case against seven former ministers: It is an isolated case

Prosecutor General Augustin Lazar notified the Judicial Inspection over disciplinary offences committed by prosecutor Mihaiela Moraru Iorga, who was in charge of building the Microsoft case.

“The head of the Prosecution Office attached to the High Court of Cassation and Justice had received a report from the Chief Prosecutor of the National Anticorruption Directorate (DNA) on the manner the case generally known as the Microsoft case had been built and the measures taken by the DNA management on July 17, 2017 in connection to this. On September 20, 2017, based on the documents referred by the DNA management on September 5, 2017, the head of the top court’s Prosecution Office notified, as initiator of the disciplinary action, the Judicial Inspection that prosecutor Moraru Iorga Mihaiela had perpetrated the disciplinary offences provided for by Art. 99 Para (t) corroborated with Art. 991 Para (1) and (2) of Law No. 303/2004 on the judges and prosecutors’ statutes (acting on the job in bad faith or gross negligence). The referral concerns several aspects, including the manner the aforementioned case was built,” the General Prosecution Office said in a Friday release.

Mihaiela Moraru Iorga is one of the prosecutors who handled probing in the Microsoft case that was split in three parts.

The DNA on Thursday indicted businessmen Claudiu Florica and Dinu Pescariu for money laundering in the Microsoft case after already having sent others to court in the same case. Several final convictions were handed down in the Microsoft 1 overpriced licensing case.

On the other hand, DNA ordered on Thursday the closing of that part of the case against former ministers Dan Nica, Silvia Adriana Ticau and Alexandru Athanasiu, who were being investigated for abuse of office.

According to DNA, the case was closed because the limitation period had run to end.

“The general statutes of limitation for abuse of office is 10 years. The date of the last misdemeanor is 21.10.2004, when Government Resolution No.1778 / 21.10.2004 was adopted and from where the general statutory limitation of criminal liability began to run (and not from the date the actual damage was incurred, which was April 15, 2009, the moment the last installment under contract No. 0115RO / 15.04.2004 was paid) – as per Ruling No. 18 / 30.01.2014 handed down by a five-judge panel of the High Court of Cassation and Justice in the case No. 4963/1/2013 regarding the time the abuse of office was actually perpetrated,” DNA said.

Anticorruption prosecutors have previously dropped charges in the Microsoft case against former ministers Ecaterina Andronescu, Mihai Tanasescu and Serban Mihailescu for the same reason.

The solution to close the case was ordered on January 8, following the expiry of the statute of limitations for criminal liability.

In the case of Daniel Funeriu, former minister of education, the closing was ordered because “the deed is not provided for in the penal law or it was not committed with the guilt stipulated in the law.”


DNA’s Kovesi on closing Microsoft case against seven former ministers: It is an isolated case


National Anticorruption Directorate (DNA) Chief Prosecutor Laura Codruta Kovesi said on Friday that the situation in the Microsoft case, in which the case against seven former ministers was closed is an isolated case.

“It is a situation we do not want, we did not want it. It can certainly cast a shadow over what DNA prosecutors do, but it is an isolated case and we do not have to generalize. DNA prosecutors do their job correctly. We do not know whether in this case work was done in bad faith or not, because it is an ongoing disciplinary check, but whenever problems arose regarding the conduct of a prosecutor (…) and we considered that the prosecutor made a mistake in one way or the other, we took the legal measures,” Kovesi told Digi 24.

She argued that the institution she was leading showed transparency in this case and publicly presented the situation.

Laura Codruta Kovesi added that she is unaware of the existence of such situations in other cases as well.


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