The Judicial Inspection has been notified ex-officio and started inquiry in the case of the cross talk between the anti-corruption prosecutor Alexandra Lăncrănjan who investigated PSD chairman Liviu Dragnea and Justice Minister Tudorel Toader on the topic of abuse of office criminalisation in Germany.
The two have exchanged words on Facebook on this topic, with prosecutor Alexandra Lăncrănjan launching criticism against Justice Minister and his ability to understand the way abuse of office is regulated in the German legislation. Now, the Judicial Inspection has confirmed that the DNA prosecutor is targeted by preliminary investigation in this case.
The preliminary investigation stage is preceding the stage of the disciplinary action and the Judicial Inspection is the one that establishes if there is evidence that magistrates have committed a disciplinary action.
After last week the German Embassy in Bucharest posted a message on Facebook that the charge of abuse of office is regulated in Germany, in several tax laws and also in the national Criminal Code, Justice Minister Tudorel Toader has also written on Facebook that the abuse of office is not particularly incriminated in the Criminal Code in Germany.
„The abuse of office is not particularly incriminated in the Criminal Code in Germany! Hpwever, the quality if public or European servant does appear as an aggravating element in the case of several crimes such as: fraud, forgery, abuse of confidence, recordings forgery, bodily injury while exerting a public office, obtaining statements by force, criminal prosecution of an innocent person, abuse of confidence in foreign affairs, breaking the official secret, breaking fiscal secret, sexual abuse through abuse of office,” the minister posted.
Anti-corruption prosecutor Lăncrănjan has retorted to the minister’s post, contradicting Tudorel Toader.
“Article 266 from the German Criminal Code criminalizes the conducts in a wider range than the Romanian legislator. Moreover, it also comprises the breach of some obligation deriving from a convention. And it has no threshold. And for this observation, the General Theory of Law, first grade of college is enough.
For a man who considers himself an expert in law it is very important to have the patience to read a law all the way through, to bring arguments without distorting the judiciary reality and when the arguments are not in his favour, he should accept hat without hijacking the legal text or skipping things,” the DNA prosecutor argued.