07.09.2012

PRESS RELEASE

The Public Information and Press Relations Bureau within the Prosecutor’s Office attached to the High Court of Cassation and Justice is authorized to bring to public knowledge the following:

Mrs. Laura Codruţa Kövesi, Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice, ordered  the  termination of the delegation as prime – prosecutor of the Prosecutor’s Office  attached to the Trial court Buftea, of Mrs.  prosecutor CATALIN PARASCHIV , beginning  with 10.09.2012.

Under this aspect, the control ordered on 28.08.2012  by  the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice, according to the  provisions of art. 65 para. 3 of Law no. 304/2004, in connection to the provisions of  art. 3 point. 12  from the  Regulation of Interior Order of the prosecutor’s offices, which has had as object  “the way in which the investigations in the criminal  files regarding the defendant VLAD NICOLAE, taken over and connected  by the Prosecutor's Office attached to the High Court of Cassation and Justice, Section for criminal pursuit and criminalistics  were carried out”,

Revealed that Mr. prosecutor CATALIN PARASCHIV exerted the managerial competences in a faulty way, because he didn’t verify the registration  way of the  claims against the solutions, even if acordint to art. 178 (1) Criminal proceeding code, “the claims against the measures taken or against the act carried  out by the prosecutor  or based on the orders given by him, are solved  by the prime – prosecutor of the prosecutor’s office”.

Thus,  it resulted that on 8.05.2012, the injured party M.M  filed a claim at the Prosecutor’s Office  attached to  Trial court Buftea against the mea4sure  regarding the obligation   of not leaving the locality, ordered by the prosecutor against the defendant VLAD NICOLAE on 3.08.2012. In this claim, the injured person expresses her dissatisfaction regarding the fact that even if VLAD NICOLAE was retained for 24 hours beginning with 2.05.2012, he was  liberated  on 3.05.2012 and against him was taken only the measure not to leave the locality, because the prosecutor  considered  that  it is not necessary to  request  before court the pretrial  arrest of this one. In this claim, the  injured party showed expressly  that the arguments of the prosecutor and the  reporting  to the conventional norms of the ECHR are wrong, because  they are based  only on the fact that  he is not recognizing the deeds, even if the evidences were more than reasonable, the deed being extremely serious. Moreover, the injured party showed in the content of the claim that  letting  VLAD NICOLAE free, based on the  interpretation of the European norms, but without the actual reporting to the social danger of  such a  deed, proves the lack of reaction of the authorities, which could lead to the committing of similar deeds and  creates a strong  fear to her.

From procedural point of view, this claim of the injured person should have been solved by the prime – prosecutor. But, the claim of the injured person not only wasn’t solved, but was registered only on 16.07.2012, without a   mention  of the leadership and without being ordered  the solving. If the prime-prosecutor of the Prosecutor’s Office attached to the  Trial court Buftea would have carried out a current operative control, he could have had the possibility to notice in due time the fact that a cause of his  competence was not submitted to him.