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Judicial Inspectorate: Three DNA prosecutors have violated the principle of separation of state powers in investigating GEO 13

The Judicial Inspectorate (IJ) has started the disciplinary action against prosecutors Marius Bogdan Bulancea, Paul Silviu Dumitriu and Jean Nicolae Uncheşelu with the National Anticorruption Directorate (DNA) – Central Structure for the exercise of duty with serious negligence, in connection with the file on Ordinance 13.

According to a communiqué sent on Wednesday, the actions of the three prosecutors have resulted in violations of the principle of separation of state powers, which resulted in the deterioration of public confidence and respect for the magistrate.

Regarding the non-observance of the procedural law rules, regulating the DNA competence, the judiciary inspectors have considered that, through the conduct adopted by the Chief Prosecutor of the Section, Marius Bogdan Bulancea, and Deputy Chief Prosecutor Paul Silviu Dumitriu, regarding the registration of the denunciation filed on January 31, 2017 and the building of the file, a number of provisions of the Criminal Procedure Code, Law 78/2000 and Law 115/1999 have been ignored.

According to the same source, the immediate effect, although it does not condition the existence of disciplinary misconduct committed in the identified manner, namely serious negligence, consists in the serious violation of the principle of the separation of state powers – as already established by a decision of the Constitutional Court on February 27 – in relation to the conduct adopted by the investigated prosecutors, who considered themselves competent to verify the appropriateness, observance of the legislative procedure and, implicitly, the lawfulness of the adoption of the Government Emergency Ordinance.

According to the IJ, another consequence is “the deterioration of public confidence and respect for the magistrate, with the consequence of affecting the image of justice as public service.”

 

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