Disciplinary offences provided for in Article 99(h) and (m) of Law No 303/2004 on the status of judges and prosecutors. Caselaw Cover Image

Abaterile disciplinare prevăzute de art. 99 lit. h) și m) din Legea nr. 303/2004 privind statutul judecătorilor și procurorilor. Jurisprudență
Disciplinary offences provided for in Article 99(h) and (m) of Law No 303/2004 on the status of judges and prosecutors. Caselaw

Author(s): Tamara Manea
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law
Published by: Universul Juridic
Keywords: disciplinary liability of judges and prosecutors; leaving criminal files unworked; non-compliance with regulatory provisions regarding the circuit and distribution of files;

Summary/Abstract: It meets the constitutive elements of the disciplinary offense provided for by art. 99 let. h) from Law no. 303/2004 regarding the status of judges and prosecutors (unchanged) the fact of the prosecutor leaving 170 criminal files unworked for periods between 10 months and 1 year and 8 months, although the resolution of some of the works claimed urgency, as they had a proposal to end the prosecution criminal. It meets the constitutive elements of the disciplinary offense provided for by art. 99 let. m) of the Law no. 303/2004 on the status of judges and prosecutors (unmodified) the actions of the prosecutor to receive a file with a settlement proposal directly from the police officer, without being registered in the records of the prosecutor's office, and to keep it in his office in the conditions where there was no resolution of distribution of the first prosecutor, violating the provisions stipulated by art. 128-129 of the Internal Order Regulation of the prosecutor's offices. It meets the constitutive elements of the disciplinary offense provided for by art. 99 let. m) the second sentence, and not those of the disciplinary offense provided by art. 99 lit. t), the second sentence of the Law no. 303/2004 regarding the status of judges and prosecutors (unmodified), violation of the administrative obligations provided for by art. 142 para. (6) and art. 145 para. (1) of the Criminal Procedure Code, regarding the archiving and recording of technical documents/supports and the information of the persons who were the subject of the technical surveillance measure.

  • Issue Year: 2023
  • Issue No: 1
  • Page Range: 187-199
  • Page Count: 13
  • Language: Romanian