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June 30, 2022

New Judicial Inspection audit at DNA. JI inspectors to check whether deficiencies have been remedied

A Judicial Inspection team is carrying out, on April 16-20, an audit at the National Anticorruption Directorate (DNA).

As part of this new audit, a team consisting of three inspectors will verify whether the deficiencies noted during the previous audit have been remedied, the Judicial Inspection pointing out that the initiative belongs to the Section for Prosecutors of the Supreme Magistracy Council (CSM), as a result of a decision adopted on 31 October 2017 regarding the management audit that took place last year at the DNA, Mediafax informs.

According to the Judicial Inspection, the verifications focus on dossiers older than a year since the date of the first notification, the cases allocated to prosecutors Doru Florin Tulus and Mihaiela Moraru Iorga, and procedural communications for the year 2016 in the case of measures to close the cases ordered via ordinance and indictment, regarding the observance of the provisions of Article 145 of the Criminal Procedure Code on informing the person placed under surveillance and special methods of surveillance and investigation.

Concerning “the monitoring of cases and the involvement, on the part of prosecutors holding leadership positions and executive positions, in the solving of cases older than one year since the date of the first notification, the following measures are to be ordered:

  • The issuance of the investigation plan, especially in complex cases, in line with the provisions of Article 82, section d), of the Internal Regulations of the National Anticorruption Directorate;
  • In the cases in which the secondment of police officers is ordered in order to carry out the criminal prosecution acts, these will be concretely indicated in the ordinance, with a deadline set to be established for their carrying out; the prosecutor’s proper exercise of the audit into the observance of the deadlines established in the dossiers in which the secondment was ordered;
  • The efficient verification, through the current operative oversight exercised by the prosecutor chief of section and his deputy, of the way the prosecutors holding executive offices carry out the abovementioned, as well as their prioritisation criteria of the activities carried out;
  • The verification of measures taken by prosecutors in order to solve, with priority, the cases older than one year since the date of the first notification,” according to the inspectors.

Referring to the cases handled by the two former DNA magistrates, the inspectors state that during the previous audit, “because of the constant refusal to present, for examination, the dossiers allocated to dismissed DNA prosecutor Mihaela Moraru Iorga, the rhythmicity of the administering of evidence in these cases could not be verified. In what concerns the cases allocated to dismissed prosecutor Doru Florin Tulus, since the prosecutors did not have the necessary time to study them, the verification of the cases took place only based on files transmitted to the judicial inspectors, which does not represent a real verification in a managerial audit.”

“Because of failure to present the situation regarding the communication stipulated by Article 145 of the Criminal Procedure Code, for 2016, it could not be verified whether all those under technical surveillance were informed of this measure. At the same time, the judicial inspectors were only presented the situation of the case-closing orders issued via ordinance, not also of those ordered via indictment,” the inspectors add, referring to whether those intercepted were informed of the measure.


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