The multiple use of the attack on the Attorney General. What is behind the last discount



After destabilizing the DNA and preparing to end the anti-corruption, Tudorel Toader attacked the Romanian prosecutor after the head of the prosecutor was led by DIICOT. The formula chosen to announce the launch of Augustin Lazar's assessment, the first step to repeal, is challenging for its general institutional significance: a Facebook function.

Good was not allowed to post her location, like a few weeks ago when she wrote from the car.

Such an announcement is not on a social network, together with cats and jokes, but in an official press release, preferably a press conference, to explain the attack on the Attorney General seriously. But I understand that the explanatory part is bad.

That story with the Protocol of 2016 served by the defendant Darius Valcov – six years initially, by committing a possible crime (totally uninteresting for the Minister of Justice) is clearly only a pretext.

Why do they say that?

1. Although they are impressed by the entire press that is affiliated with perpetrators, no judge has established that the protocols concluded by DVI with PICCJ and ICCJ would be unlawful.

I have not found anything illegal in them. And the lawyers I spoke to. But that is not the case, as long as there is no judge who establishes illegality, the presumption of legality, just like innocence, works. Or is it only valid for violent offenders?

If the application of these protocols, regardless of when they are closed – because the first in the nineties, so that all PSD Nastase government with Ion Iliescu was chairman – has been abused, these abuses must be proved point by point and be penalized according to law .

But this unsolicited global anathemism of protocols that, yes, many have contributed to anti-corruption, because they concentrated the resources of the state in the struggle with the bourgeoisie, is only a huge manipulation intended to deconstruct institutions, demarches and people who then could be more easily tilted.

2. The 2016 protocols, published by the defendant Darius Valcov, refer to two clear issues: the use of the SRI technique by the SRI for technical surprises, as long as the SRI itself could not perform such supervision, and the cooperation of the SRI-PICCJ to national security offenses; terrorism, so the DVI is competent according to all applicable laws.

Was there any abuse on their basis? Get punished! Otherwise I do not see the problem. Moreover, the Attorney General says that both MJ and CSM were aware of these protocols and that there was even an official correspondence that they would publish.

It is clear that the story of the 2016 protocols was served by Minister Toader to revoke the Attorney General. Why exactly now?

We have several reasons:

1. The most urgent thing is investigation into violence by gendarmes on 10 August. And not only the gendarmes have to defend themselves, as well as their leadership and minister Carmen Dan, plus who knows who is behind the masquerade.

Do you remember what minister-president Toader briefly replied when the Attorney General interrupted his leave with the beginning of this investigation and promised that it would be correct? This may not happen at all costs.

2. The second reason for you changes in criminal codes and anti-junction orders prepared by power, prior to amnesty and grace. With every attack on criminal law, Mr. Lazar was an extremely harsh voice against aggressors. A voice that must be silenced.

3. Let's not look like this the new section for research magistrates must be born, according to the new law 304. Although appointed by the SCM plenary meeting, the head of this section will be subordinate to the Attorney General. More importantly, with the arrival of this section, multiple competence conflicts are expected.

The competence of the new section is formed by a general law, 304, the DNA and DIICOT competences, from which the files of magistrates must come, are provided by special laws deviating from the general rule. So who saves the file? That will decide Attorney General, the holder of the prerogative to resolve this type of jurisdictional conflict. In order to move all files, Mr Lazar must be withdrawn.

The appearance of the section was also preceded by a major manipulation by the Judicial Inspection (IJ), the armed PSD-arm and the minister. IJ reported a statistic showing that over the last four years more than 60% of the magistrates had a DNA file.

What I do not say is how the court should be referred, how long the investigation lasted and how it was resolved. That is the essence, as the CSM judge Bogdan Mateescu explains.

If I remove manipulation by omission, things are as follows: any reference that meets the formal requirements must be examined, because ignoring it is a disciplinary crime. Judges know, Judge Bogdan Mateescu says, that a wave of complaints was registered against everyone at the public prosecutor's office, files that were subsequently classified.

4. Last but not least, the Attorney General is a member of the SCM and, most importantly, a member of the prosecution of the SCM, the thorns of the coastline of Tudorel Toader. The plenum is at the edge of the knife, and the section that has always resisted the resistance must be recorded man and man, for appointments and sanctions to act as an act.

Will this attack succeed? Following the RCA decision on the revocation of Codrutei Kovesi, it seems yes. But it can be difficult and sustainable. First of all, I expect a serious external reaction, because nobody is tempted as Tudorel Toader would want. If the procedure is activated, it is expected that the SCM will respond with delay and negative feedback. The president then left a small window open to oppose: legality. And he must use it very well, because as soon as he has invoked the refusal on the grounds of legality, he will probably go back to the RAC.

And all this time society will do the big test. Are we teaching or not? Are we the impunity on 10 August with impunity? Do we sell or sell the perpetrators to Romania?

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