Cristina Tarcea and Livia Stanciu, former presidents of the High Court of Cassation and Justice, are being investigated for abuse of office, by the prosecutors from Section for Investigation of Crimes in Justice (SIIJ).
The criminal prosecution is carried out in rem, that is to say, for facts, following several complaints against the two.
Q Magazine exclusively presents you the first criminal complaint against the High Court leadership. The document has 11 pages and no less than 62 pages with annexes.
In addition, the Section for Investigation of Crimes in Justice has started investigating the same facts in another case file, so that the file 603/P/2019 was linked to 1212 /P/2018.
The denouncer of the judges Livia STANCIU and Cristina TARCEA is none other than the denouncer of the former government agent in relation with the European Court of Human Rights, Catrinel Brumar.
We recall that she was dismissed by the current prime minister, Viorica Dăncilă, as she was not legally invested, the decision to appoint her, by Prime Minister Victor Ponta, was not published in the Official Gazette.
The journalist Sorin Rosca Stanescu wrote at that time, that the appointment was made tacitly, with rumors that the former agent had been part of the SIE ( External information service ). These rumors have neither been confirmed nor denied so far.
In an official address issued to the whistleblower, the Section for Investigation of Crimes in Justice confirmed the connection of the open case file, as a result of the whistleblower’s complaint, with another one, already under investigation.
The Constitutional Court admitted, in November 2018, the notification of the Prime Minister Viorica Dăncilă, regarding a constitutional legal conflict between the Parliament and the High Court of Cassation and Justice on the constitution of the 5 judges’ units and decided that the Supreme Court should change immediately, by random drawing, all members of the sets of 5 judges. The decision was then taken by majority vote.
Two days later, the draws took place for the appointment of the new sets of 5 judges from the High Court of Cassation and Justice.
Controversies on this subject began after the amendments to Law 304/2004 on judicial organization came into force, which stipulated that the deputy president of the High Court of Cassation and Justice and the president of the Criminal Section can no longer lead the full 5 judges, but that all magistrates from the panels, must be drawn randomly.
Livia Stanciu headed the High Court of Cassation and Justice in the period 2010-2016, while the mandate of Cristina Tarcea, started on September 14, 2016 and ended in September this year.
The denouncer is author of the book „DEEP STATE”, a book that deals with the backstory of the Romanian judicial system. The book can be ordered from Amazon from this link : www.amazon.com/dp/1692562886.
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