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Bucharest
July 28, 2021
JUSTICE

Department for Investigating Judiciary Offenses: Accusations of taking over the files related to certain politicians by breaching the jurisdiction are ungrounded

Prosecutors of the Department for Investigating Judiciary Offenses stated on Monday, in a press release, that the accusations according to which there have been insistent approaches to take over the cases of certain politicians by breaking the jurisdiction are ungrounded and made in bad faith.

“The prosecutors of this department mention that they are not acting according to the model of the ‘televised Justice’, which has been so criticized in the recent years, since there have been cases in which moving the criminal prosecution from the prosecutor’s office to the public space was accepted and encouraged, from the inside of the judiciary, in contradiction to the legal provisions. On the other hand, the behavior of certain suspects who understand to defend themselves rather in the public space than within the file, cannot be imputed to prosecutors. The prosecutors of the Department for Investigating Judiciary Offenses express, once more, the necessity to observe the principles of a fair trial, including the presumption of innocence, too”, reads a press release of the Department for Investigating Magistrates.

The quoted source mentions that the structure has been established in compliance with the law and confirmed by a CCR decision.

As for the cases requested from DNA, the representatives of the Department say that the measures have been taken according to the law and any accusation is ungrounded.

“We also stress that the statements regarding the insistence of taking over certain publicized cases from DNA in order to be solved by our Department by breaching the jurisdiction and in favor of certain politicians, as well as the statements according to which by this behavior it was started a positive conflict of jurisdiction with this specialized structure of prosecutors, are ungrounded and made in bad faith, in the repeated attempt to discredit the Department for Investigating Judiciary Offenses and its prosecutors. The content of the letters sent to DNA is in compliance with the special provisions of the Law 304/2004, the provisions regarding the jurisdiction being strictly applicable and unequivocal; at the same time, the lack of some ordinances in the cases in question, which are the only procedural acts, according to the law, that can establish a positive conflict of jurisdiction, prove once again that the public opinion is misled on the professional probity of the prosecutors and the activity of the Department for Investigating Judiciary Offenses, inducing the idea that its activity is politically subordinated”, the quoted source reads.

Any means of evidence, including another criminal file, can be deemed necessary by the case prosecutor in order to solve a criminal prosecution case, and can be attached, without affecting the investigation in the attached file, prosecutors claim.

“Per a contrario, not registering a complaint that involves the jurisdiction of the Department for Investigating Judiciary Offenses can be a disciplinary offense and a violation of the legal provisions. The prosecutors of the Department for Investigating Judiciary Offenses express their strong disagreement towards any attempt to turn their activity into a subject of political battle”, the release also reads.

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