Two more appeals against EO 14 filed in court. DNA to challenge the Alba Iulia court’s sentence nulity on abuse of office

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Two more appeals asking for the EO 14 suspension have been filed in court. The emergency ordinance no 14 was adopted to repeal the controversial emergency ordinance no 13 that planned to amend the criminal law and decriminalized certain corruption offenses, including the abuse of office. After the previous two appeals filed in Bucharest, another two have been filed at the Constanta Court of Appeal in the past two days.

The EO 14 is now challenged by the former mayor of Navodari town, Nicolae Matei, sentenced to one year and six months in prison in 2016.

The National Anti-corruption Directorate indicted the mayor for three crimes of abuse of office in continued form-attempt to abuse crime, bribe and setting up an organized criminal group. However, the mayor was released from prison in August last year.

Now, the former mayor has filed two requests for the EO annulment. No hearing has been set yet.

The emergency ordinance repealing the controversial EO 13 amending the criminal law has been challenged in court to the Bucharest Court of Appeal. Two complaints have been filed asking for the ordinance 14 suspension and annulment, and implicitly of its effects.

The first complaint was filed by Luiza Cazanescu, charged with abuse of office and sentenced to three years and two months in prison in first court. She has filed the appeal on February 10.

On the other hand, the Alba Iulia Court of Appeal has recently cancelled the sentence of three years in prison for the former secretary general of the Hunedoara County Council. He had been convicted for abuse of office and he has challenged the sentence based on the Constitutional Court ruling on the article on abuse of office from the Criminal Code.

Judges have argued that the public servant had been convicted for breaking stipulations of the government decision, thus from the secondary legislation and not from the primary one, and for this reason, the sentences was called off.

On Thursday, the DNA head Laura Codruta Kovesi announced that the anti-corruption prosecutors would challenged the decision of the Alba Iulia Court of Appeal.

“I cannot comment the decision (…) But all I can say is that it’s an isolated decision. I’ve studied the judiciary practice on the appeals of other courts for the same reasons and it’s an isolated decision”, the DNA chief prosecutor argued.


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