Unprecedented General Prosecutor Intervention in Craiova Case Sparks CSM Reaction

Emergency CSM Meeting Called Over Prosecutor’s Office Intervention

According to an announcement by CSM Vice President Bogdan Staicu at the start of a Tuesday emergency session called for 16:00, the Section for Prosecutors met to evaluate whether to notify the Judicial Inspection for verifications regarding the independence of prosecutors assigned to a case registered at the Craiova Court of Appeal. After the secretary of the meeting announced a request to postpone the discussion without indicating its source, the section postponed the session to Wednesday morning, as reported by HotNews.

Supreme Court Transfers Corruption Case Involving Magistrates

According to court records and reports from G4Media, the Supreme Court decided on Tuesday to transfer a corruption case from the Craiova Court of Appeal to the Bucharest Court of Appeal after a Craiova woman contested a classification solution in a process targeting magistrates. The case had been registered in mid-August and assigned to Judge Sorina Marinaș. At the first hearing on September 11, Judge Marinaș put into discussion notifying the Court of Justice of the European Union (CJUE) regarding the competence to investigate crimes committed by Romanian magistrates, adjourning the process to September 15 for the trial prosecutor and petitioner to conclude.

Unprecedented Transfer Request Process and Judicial Reactions

According to the Code of Criminal Procedure, a transfer request can be formulated only by parties in the case or by the prosecutor representing the office at trial. G4Media reported that because the general prosecutor of the Craiova Court of Appeal and their deputy refused to draft a recusal or transfer request, General Prosecutor Cristina Chiriac intervened personally to notify the Supreme Court. Several prosecutors discussing with HotNews under anonymity called the initiative to formulate a transfer request in the name of a subordinate office without precedent, noting that only the trial prosecutor from Craiova could have taken such action.

Supreme Court Ruling and CJUE Questions

According to G4Media, the High Court panel consisting of Luminița Criștiu Ninu and Andrei Cosmin Mitrache decided to move the case to Bucharest with an opposing dissenting opinion from Judge Aida Rodica Popa, and ordered the annulment of all procedural acts performed by the Craiova judge. General Prosecutor Cristina Chiriac invoked a lack of impartiality regarding Judge Marinaș in the request, while the judge’s planned CJUE notification sought clarification on whether national regulations restricting DNA competence for magistrate corruption exclusively to designated prosecutors from the Prosecutor’s Office of the High Court of Cassation and Justice or appeal courts violate EU law.

Frequently Asked Questions

Who can request the transfer of a criminal case under the Code of Criminal Procedure?

According to the Code of Criminal Procedure, a transfer can be requested only by the parties involved in the case or by the prosecutor representing the office at trial.

How quickly was the transfer request solved by the Supreme Court?

According to HotNews data, the request was registered on Monday, September 14, and solved the very next day on September 15.

Which judges formed the majority decision to transfer the case?

According to G4Media, judges Luminița Criștiu Ninu and Andrei Cosmin Mitrache voted to approve the transfer, while Judge Aida Rodica Popa filed a separate opposing opinion.

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