Abaterea disciplinară prevăzută de art. 99 lit. i) din Legea nr. 303/2004 privind statutul judecătorilor și procurorilor. Jurisprudență
Disciplinary offence provided for by Article 99 letter (i) of Law No 303/2004 on the status of judges and prosecutors. Caselaw

Summary/Abstract: Disciplinary offense provided by art. 99 letter i) of the Law no. 303/2004 on the status of judges and prosecutors (unmodified) concerns "the failure to comply with the duty to abstain when the judge or prosecutor knows that there is one of the causes provided by law for his abstention, as well as the formulation of repeated and unjustified requests for abstention in the same case, which has the effect of delaying the judgment". During "in rem" criminal investigation phase, the procedural provisions of art. 65 para. (1) with reference to art. 64 para. (1) point f) of the Criminal Procedure Code are not applicable to the prosecutor, as according to these he is incompatible if "there is a reasonable suspicion that his impartiality is affected". The application of the procedural guarantees related to the right to a fair trial, including impartiality, cannot be put into question before the identification of the perpetrators of the crime and the official notification regarding the accused.

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