The plenary session of the Superior Council of Magistracy (SCM) discusses on Wednesday the Regulations on the appointment, continuation of the activity and the revocation of the prosecutors with managerial and executive positions within the Department for investigating corruption offenses.
The SCM adopts the Regulation concerning the management functions for the newly established department for investigating the crimes committed by magistrates
On July 20, President Klaus Iohannis signed the legal act amending and supplementing Act 304/2004 on the judicial organization. One of the most important provisions was the establishment of the special department for the investigation of magistrates in the public prosecutor's office at the Supreme Court of Cassation and Justice (ICCJ).
Thus, according to the law, within the public prosecutor's office attached to the Supreme Court of Cassation and Justice, only the Criminal Investigation Division of the Court is competent for the prosecution of crimes committed by judges and prosecutors, including military judges and prosecutors , and those who are members of the Supreme Council for Magistracy.
The Criminal Investigation section is led by a chief prosecutor, assisted by a deputy chief prosecutor, appointed by the plenum of the Supreme Council for Magistracy.
Other regulations relating to the Special Investigation Department of magistrates are:
"Article 88 (2) (1) The Investigation Division shall operate in accordance with the principles of legality, impartiality and hierarchical control.
(2) The delegation or provision of prosecutors within the criminal investigation section is prohibited.
(3) The Criminal Investigation Division works with a maximum of 15 prosecutors.
(4) The number of functions of the Unit for Criminal Investigation in the administration of justice can be changed, depending on the size of the activity, on the orders of the Prosecutor General of the public prosecutor's office at the High Court of Cassation and Justice, at the request of the chief prosecutor of the department, with the advice according to the plenum of the High Council for Magistracy ".
At the same time, the main prosecutor of the section is appointed and revoked by the SCM.
"Article 88 (1) The chief prosecutor of the Criminal Investigation Division is appointed by the Plenum of the High Council for the Magistracy after a competition consisting of the presentation of a project concerning the exercise of the specific attributions of the respective management function managerial skills, efficient resource management, ability to make decisions and responsibilities, communication skills and resistance to stress, ability to make decisions and responsibilities, communication skills and resistance to stress, as well as the integrity of the candidate, the assessment of her activity as an officer of justice and how it relates to values specific to the profession, such as the independence of the judiciary or respect for fundamental rights and freedoms.
Article 884 (1) The deputy chief prosecutor of the criminal investigations section is appointed by the plenary session of the Supreme Court of the magistracy, on the motivated proposal of the chief prosecutor of the department, between the prosecutors already appointed within the department.
(2) The appointment of the deputy chief prosecutor of the Criminal Investigation Division will be made for a period of 3 years, with the possibility of retention once.
(3) The Deputy Chief Prosecutor of the Criminal Investigation Division shall be revoked by the Plenum of the High Council of the Magistracy, on the reasoned proposal of the Chief Prosecutor of the Department, in the event of misconduct of the duties assigned to the function, if it is sanctioned disciplinary, "according to the draft amending law 304.
The prosecutors of the Special Division are also appointed by the SCM for a period of 3 years, with the possibility to extend to a maximum of 9 years.
"Article 88.5 (1) The criminal justice section is appointed with prosecutors appointed by the Plenum of the Superior Council of the Magistracy after a competition, within the limits of the posts provided for in the working statute, approved by law, for a period of 3 years, with the possibility to continue the activity within the department for a total period of up to 9 years ", according to the quoted source.
"Article 88.8 (1) The powers of the Division for the Investigation of Criminal Crimes are as follows:
a) To carry out the prosecution, under the conditions provided by Act No. 135/2010, as subsequently amended and supplemented, for offenses within its competence;
b) Referral to the court for taking the measures provided for by law and for assessing the cases relating to the offenses referred to in a);
c) establishment and updating of the crime database in the area of competence;
d) Exercise with other attributions determined by the law ", says the normative act.
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