CURTEA DE APEL CLUJ. PROCURORUL GENERAL NU ARE COMPETENȚA DE A INFIRMA O SOLUȚIE DISPUSĂ DE PROCURORI AI DIRECȚIEI DE INVESTIGARE A INFRACȚIUNILOR DE CRIMINALITATE ORGANIZATĂ ȘI 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

Summary/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 to close the case was issued by the DIICOT prosecutor and after the jurisdiction to continue the criminal investigation for the rest of the offences was waived to the Prosecutor’s Office attached to the Court of Appeal. The manner in which the Prosecutor General was notified was made in an „inventive” procedure by creating an apparent negative conflict of jurisdiction that would have allowed the Prosecutor General to be notified, but the conditions for the existence of such a conflict were not met. Finally, the Preliminary Chamber judge at the Court of Appeal confirms that the resumption of the criminal investigation under Article 335 (1) of the Criminal Procedure Code can only be ordered if the hierarchical prosecutor finds that the circumstances that warranted closing the case did not exist and the resumption of the criminal investigation as a result of a simple reassessment of the evidence is not allowed.

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