Acţiune în răspundere civilă delictuală formulată împotriva procurorului. Condiţii şi efecte

Action for tort liability filed against the prosecutor. Conditions and effects

Abstract

The prosecutor is not a servant of the institution within which he is an employee, as expressly results from the provisions of art. 64 para. (2) of Law no. 304/2004, according to which "in the solutions ruled on, the prosecutor is independent, according to law", so that, in the absence of a subordinate relationship within the meaning provided for under art. 1000 para. (3) of the Civil Code of 1864, it may not be noted the capacity to bring proceedings of the prosecutor’s office in which the respective prosecutor operates.

The performance of specific duties in bad faith or with gross negligence represents a misconduct provided for under art. 99 letter t) of Law no. 303/2004, and in compliance with the provisions of art. 134 para. (2) of the Constitution, the jurisdiction to rule on in the field of disciplinary...