Curtea de Apel Cluj. Procurorul General nu are competenţa de a infirma o soluţie dispusă de procurori ai Direcţiei de Investigare a Infracţiunilor de Criminalitate Organizată şi Terorism

Cluj Court of Appeals. The Prosecutor General has no jurisdiction to overturn a decision to close a case ordered by a prosecutor from the Directorate for Investigating and Combating Organised Crime and Terrorism

Oana BUGNAR

Avocat - Baroul Cluj

ABSTRACT

In a judgment of the Cluj Court of Appeal, it was established that the Prosecutor General does not have jurisdiction to examine the lawfulness and merits of a decision to close a case ordered by a DIICOT prosecutor, this document presenting both the arguments of the preliminary chamber judge and the additional arguments that support this solution. It also analyses the manner in which the Prosecutor General has been notified, namely by a prosecutor of the Prosecutor’s Office attached to the Cluj Court of Appeal, to whom the case was assigned after the order...