Statutul judecătorilor şi procurorilor

Dorin CIUNCAN

Abstract

Magistrates are subject to civil, disciplinary and criminal rules (Law no. 303/2004). Even if the law can be improved, we believe that it is sufficiently clear, thorough and enlightening. For example, bad faith or gross negligence in exercising the function may sometimes amount to misconduct; but this does not preclude the possibility of determining liability. There is bad faith when the judge or prosecutor wilfully violates the rules of substantive or procedural law, pursuing or accepting to harm a person. There is gross negligence when the judge or prosecutor ignores, negligently and seriously, clearly and inexcusably, the rules of substantive or procedural law. Any pressure on the legislature exceeds the administrative framework, moving within political tensions.

The problems have been here for years, but they are not caused by the Law, they are caused by the failure to enforce it!

Keywords: judges, prosecutors, liability of...