A copy of the Tel Drum file, which targets Social Democratic Party (PSD) leader Liviu Dragnea, was sent to the Judiciary Crimes Investigation Section (SIIJ), after the SIIJ representatives argued that it could represent evidence in the case of an own investigation, announced the acting head of National Anticorruption Directorate (DNA), Calin Nistor, on Friday.
“The taking over of a file does not exist in the procedure. The referral is done either by declining jurisdiction, and in the situation where two units are declared competent or incompetent, these legal situations arise,” Nistor said.
According to him, the file is in the original with the Romania’s Prosecutor General, who has to resolve the positive conflict of competence invoked by the DNA.
The positive conflict of competence, says Calin Nistor, “is when two prosecutors say they are competent to deal with a cause.” In this situation, we have notified the Prosecutor General to resolve the conflict of competence between us and the SIIJ,” Nistor said.
He announced that the Tel Drum file is nearing the end. “In the Tel Drum file, there are still some follow-up papers, and an expert report was made in December, and the prosecutor has an investigation plan and deadlines,” Nistor said.
On 21 December 2018, 17 January and 31 January, the Criminal Investigation Division filed three requests for the transmission of the Tel Drum file from DNA.
According to DNA, “the first two requests did not invoke any legal basis for taking over this file, which is why clarifications were requested.”
“The section’s latest request, dated 31 January, 2019, invoked the fact that DNA would no longer have the competence to resolve this case, because some of the individuals against whom the prosecution is conducted are magistrates,” DNA said on February 19th.