Public prosecutors have filed a complaint and opened a criminal case after Darius Vâlcov published the secret protocol, signed by the Public Prosecution Service and SRI, according to Mediafax. The file was opened for violation of article 305 of the Penal Code for negligence in the storage of information.
Errors: In the first version of the article, of a Mediafax error, it was reported that the file was opened under the name Darius Vâlcov. We present the news in the right way:
The deputies of the public prosecutor confirmed to Mediafax that they had filed a complaint and opened a criminal file after the advocate, Viorica Dăncilă, Darius Vâlcov, published the secret protocol on Thursday evening between the public prosecutor and the SRI.
The provisions of Article 305 of the Penal Code provide: "(1) Negligence that led to the destruction, alteration, loss or circumvention of a document containing state secret information, as well as the negligence that led another to find such information will be punished by imprisonment 3 months to one year or a fine (2) With the same punishment, the acts mentioned in article 2 will be sanctioned 303 para. (1) and article 304 if committed by guilt. "
The public prosecutor's office announced on Friday that the secret protocol signed with SRI in December 2016, published by Vâlcov, was no longer valid on March 13, 2017, and stated that he had initiated declassification on March 22, 2018. The document was sent to the Supreme Court for Magistracy and the Minister of Justice.
On Friday, December 8, 2016, the Public Prosecutor's Office signed two protocols with the Romanian Intelligence Service, namely the cooperation protocol for establishing the concrete conditions for access to technical systems of the National Interception Center (NESECRET), published on the website of the Public Prosecutor's Office, and the Protocol on the organization of cooperation between the Romanian memory service and the public prosecutor's office at the High Court of Cassation and Justice for the performance of their duties in accordance with the law,.
"1. The purpose of the Protocol is to cooperate on crimes against national security, terrorist crimes and crimes committed by military personnel of the Romanian Intelligence Service, to inform the Public Prosecutor of the offenses recorded by the DVI and to provide information in accordance with the provisions of Law No. 50/1991 on the national security of Romania, of Act No. 14/1992 on the organization and operation of DVI and the Code of Criminal Procedure.
2. The protocol was no longer in force on 13 March 2017, with the consent of the signatory institutions. At the same time the prosecutor asked the High Court of Cassation and Justice to declare to the Romanian Intelligence Service whether it maintains the classification of the document, "notes the prosecutor.
The institution headed by Augustin Lazar also states that on March 22, 2018, the public prosecutor's office that was attached to the Supreme Court for Cassation and Justice, took the steps to declassify the protocol and requested the SIR. agreement in this respect.
"No public information was communicated to this protocol and was not published because the declassification procedure was not completed. The protocol was forwarded on 20 March 2018 to the Superior Council of the Magistracy and the Minister of Justice, who had been informed and to the introduction by the Attorney General of the steps regarding the declassification of the document ", emphasizes the Prosecutor General.