Political control over criminal justice is intended, Prosecutor General says


Prosecutor General Augustin Lazar says, in an interview to ‘Revista 22’ that, by amending the justice laws the establishment of political control over criminal justice is intended.

“It is obvious. Political control over the Public Ministry is intended, such a control that criminal justice could not make any step without it. The intention is to reach the level when the minister would tell the prosecutor when and if to start criminal investigation or not,” Lazar says.

Referring to the justice laws, Augustin Lazar said: “Look at the proposals, the appointment of prosecutors in leading positions should be filed by the minister, down to the position of chief-prosecutor or chief of office. It’s obviously exaggerated.”

In regard to the Judicial Inspectorate shift from the Superior Council of Magistracy’s authority ‘outside the judicial authority’, the Prosecutor General claims the provision is unconstitutional: “I haven’t understood quite well. It should be independent of the judicial authority? Such a provision is unconstitutional. The Judicial Inspectorate cannot conduct control over the justice from the outside, from the executive power for example, it is unconstitutional. Being outside the judicial authority means the minister tells it where to go for checks and what issues to approach, which is totally unnatural and unconstitutional.”

Lazar added that the National Anticorruption Directorate’s activity is very good, as the Cooperation and Verification Mechanism’s reports have shown. “Revoking a prosecutor from a leading position should be done only when something very serious happens. It’s not for the defendants with final sentences who complain because they do not like it. It’s obvious they don’t like it, who wants to be punished under the criminal law? We should look at the society’s overall interests,” the Prosecutor General said.

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