Prosecutor’s Office: The Constitutional Court didn’t decriminalize the abuse of office

The Prosecutor’s General says that by the Constitutional Court’s decision on June 15, 2016 the abuse of office crime has not been decriminalized, but has just established that the default of deficient completion of an action must be analysed only by relating to the work responsibilities that are expressly governed by the primary law framework, meaning laws and ordinance of the Government.

The Prosecutor’s Office explains that this decision must be interpreted and enforced related to the reasons that are underlying it.

The Prosecutor’s Office’s release comes after the Alba Iulia Court of Appeal has admitted early this month an appeal filed by the former secretary general of the Hunedoara County Council, Dan Daniel, and has annulled the sentence of three years on probation for the abuse of office crime.

The magistrates have practically considered that Dan Daniel’s abuse of office has been decriminalized, as he has not broken any work responsibility brought under regulation by the primary legislation- Government’s draft laws and ordinances, but a government decision no 611/2008, which is a secondary regulatory document.

In his turn, the chief prosecutor of the organized crime directorate-DIICOT, Daniel Horodniceanu, said on Wednesday that the draft law related to the abuse of office has not been repealed, but it must be amended in the way that the Constitutional Court has requested.