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August 17, 2022

Court denies prosecutor request for damages from former DNA chief prosecutor

The Bucharest Court of Appeals (CAB) on Tuesday asked for the dismissal of an order signed by former chief prosecutor with the National Anti-Corruption Directorate (DNA) Laura Codruta Kovesi to remove Mihaiela Moraru from the office of DNA prosecutor, and denied a request for moral damages.

“The court is hereby dismissing the exceptions of inadmissibility, the lack of passive procedural capacity of the individual defendants and the lack of interest of the applicant. Partially sustaining the court action, while repealing Order 301 of July 5, 2017 issued by the chief prosecutor of the National Anti-Corruption Directorate (DNA), as well as Note 1840/C/2017/16.08.2017 issued by the chief prosecutor of the National Anticorruption Directorate, dismissing as unfounded the claim for moral damages. It is partially accepting the claim for costs and obliges the defendant institution of the Chief Prosecutor of the National Anticorruption Directorate to pay court costs to the amount of 3,000 lei representing a legal stamp fee and lawyer’s fee. Can be appealed within 15 days of the communication,” reads the CAB ruling.

Mihaiela Iorga Moraru is currently working as a prosecutor with the section investigating magistrates.

On July 5, 2017, Kovesi signed an order under which Mihaiela Iorga Moraru was removed from office as DNA prosecutor, with the decision being endorsed by the Supreme Council of Magistrates (CSM).

In November 2017, Mihaiela Iorga Moraru sued Laura Codruta Kovesi for 10,000 euros in damages for the post-removal period.

In her appeal, Iorga Moraru complained of moral and emotional pressures on her from Kovesi and Marius Iacob, deputy chief prosecutor of the DNA.

On February 8, 2018, DNA announced that Moraru Iorga had been sent to court for aiding and abetting and continuous misinterpretation. Mihaiela Moraru Iorga was accused of carrying out investigative activities outside the legal framework, alongside the prosecution conducted by the Directorate for Investigating Organised Crime and Terrorism (DIICOT) in a file that involved businessman Florian Walter.

“Specifically, prosecutor Moraru Iorga Mihaiela carried with the defendant, at that time internationally wanted, several informal conversations in which, among other things, she told him to have a little bit of patience as things would not be solved overnight. The same kind of discussions were also held with intermediaries of the same person in her office at the headquarters of the National Anti-Corruption Directorate to determine how he can be helped,” prosecutors said.

On June 18, 2018, the Supreme Court nullified the indictment of Mihaiela Moraru Iorga, with the case being returned to DNA Ploiesti.

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