08.08.2012                      

PRESS RELEASE

Following the investigations carried out in the case dealt  by the Section  of criminal pursuit and forensic within the Prosecutor's Office attached to the High Court of Cassation and Justice related  to the permanent election lists and the supplementary election lists used at the referendum from 29.07.2012, 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:

Having in view the  release of the Constitutional Court  from 02.08.2012 concerning the  contradictory data received from the  public authorities regarding the number of persons  existent in the permanent election lists,  at the Section for  criminal pursuit and forensic  was constituted  ex officio a criminal case.

The object of the cause  constitutes  the verification of the modality in which  the legal provisions  related to the  issuing of the permanent election lists has been observed, as well as of the modality in which the writs sent to the Constitutional Court have been prepared, in order to establish if these contain unreal data, able do attract the criminal liability of the authors.

In the cause has been disposed the  initiating of the criminal pursuit against the quaestor Manoloiu Constantin for the committing  of the  offence of abuse in office in qualified  form.

In fact, it has been retained that, after on 27.97.2012, in his quality as director of the  Directorate for Persons Record and Administration of Data Bases, the accused has communicated to the Central Election Office, with the letter no. 3456054, that in the copies of the permanent election lists are enrolled 18.292.514 electors, communication based on which the referendum from 29.07.2012 has been carried out, at the request of the Constitutional Court, with the communication  no. 3479198, sent on 01.08.2012, the accused has confirmed again the number of18.292.514 electors.

Subsequently, on 02.08.2012, the accused  has sent to the Constitutional Court the letter no. 3479199, without existing a request of the contentious constitutional court, according to which “the cannot assume the truthfulness of the number of persons registered in the permanent election lists”, even if, according to Government Decision no. 683/2012 regarding the  approval of the calendar program for the carrying out of the necessary actions for the referendum, the new update of the permanent election lists was  in the competence of  the services for computerized evidence  of person, which is in his suborder.

In the case has been retained that by the faulty fulfilling of the duty attributions, has been produced a  significant disturbance to the activity of the public institutions involved in the validation of the referendum.

During the investigations have been heard several persons and have been requested  information from the  institutions with competences in the organizing of the  referendum.

Parallel, are carried out verifications regarding the complaints addressed to the  criminal pursuit bodies regarding offences of electoral fraud committed  on the occasion of the referendum  from 29.07.2012.

The investigations are ongoing in order  to clarify  all factual circumstances and to establish  the  judicial liability.