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September 27, 2022

No candidate yet for DNA Chief Prosecutor office. Tudorel Toader: Let’s wait

Justice Minister Tudorel Toader stated on Thursday morning that when he checked, the day before, no prosecutor had entered the race for the office of Chief Prosecutor of the National Anticorruption Directorate (DNA), but expressed his conviction that the number of candidates will be higher than the one registered in the race for the office of manager of the Directorate for the Investigation of Organised Crime and Terrorism (DIICOT).

“Understand that I don’t monitor every minute. Yesterday (Wednesday – editor’s note), at around 10 a.m., there was no one. I’m saying this: let’s wait until Monday, let’s see if someone signs up. My conviction is that more [candidates] will sign up than they did for the procedure for DIICOT,” Tudorel Toader stated on Monday morning. The deadline is July 30.

On July 9-30, the Justice Ministry organises, at its head offices, the selection of prosecutors in view of nominating one for the vacant office of Chief Prosecutor of the National Anticorruption Directorate.

The competition is being held after President Klaus Iohannis signed the decree dismissing from office DNA Chief Prosecutor Laura Codruta Kovesi.


Tudorel Toader on probe following his exchange with DNA prosecutor Lancranjan: It’s the JI’s problem


Justice Minister Tudorel Toader stated on Thursday that the probe that judicial inspectors have started in what concerns DNA prosecutor Alexandra Lancranjan is only the Judicial Inspection’s problem, however he emphasised that the special part of Criminal Law is “a fairly rigorous discipline.”

“Regarding the fact that the Judicial Inspection (JI) took note ex officio, I too found out about it yesterday, probably around noon, from the media. It’s the Judicial Inspection’s problem. I believe I made an express reference to the constitutive elements regarding the two offences, Article 297 of the Romanian Criminal Code, Article 266 of the German Criminal Code. I want to tell you that the special part of Criminal Law is a fairly rigorous discipline,” the Justice Minister said.

The statements come after the Judicial Inspection took note ex officio and is carrying out a preliminary probe after DNA prosecutor Alexandra Lancranjan engaged in an exchange with Justice Minister Tudorel Toader, on Facebook, over the weekend, on the topic of the incrimination of abuse of office in Germany.

The move comes after the DNA prosecutor wrote several opinions critical of the Justice Minister and his capacity to understand the way abuse of office is regulated in German legislation.

The preliminary verifications stage precedes the disciplinary probe, the Judicial Inspection’s competence being that of establishing whether there are clues that point to the magistrates’ perpetration of disciplinary offences and of having a say depending on the result of the verifications.

Justice Minister Tudorel Toader wrote on Facebook, on Saturday, that abuse of office is not incriminated in a distinct way in the German Criminal Code, but having the capacity of civil servant or EU civil servant is an aggravating element in the case of several offences.

“Abuse of office is not distinctly incriminated in the German Criminal Code! Being a civil servant or European civil servant does however appear as an aggravating element in the case of several offences such as: fraud, fraud in the subsidies domain, abuse of trust, forgery, the forgery of technical recordings, the forgery of evidence, constraint, bodily harm caused while exercising a public office, obtaining statements through force, criminally probing an innocent person, enforcing a sanction against an innocent person, abuse of confidence in foreign affairs, breach of official secret, breach of tax secret, prompting subordinates to commit a crime, sexual abuse committed through abuse of office etc.,” the Justice Minister wrote on Facebook.


JusMin on the amnestying and pardoning of some corruption offence: There hasn’t been any such project within the Justice Ministry


Justice Minister Tudorel Toader states that in the ministry he leads there has never been a project on the amnestying and pardoning of some corruption offences, the statement being made against the backdrop in which the Government was set to hold on Thursday its second meeting this week, rumours about the adoption of such a project appearing on each occasion.

“At the Justice Ministry there has never been and there isn’t any such a project, neither under approval procedure nor under debate,” Toader said.





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