Abaterile disciplinare prevăzute de art. 99 lit. j) și m) din Legea nr. 303/2004 privind statutul judecătorilor și procurorilor. Jurisprudență
Disciplinary violations provided by art. 99 letters j) and m) of the Law no. 303/2004 regarding the status of judges and prosecutors. Jurisprudence

Summary/Abstract: Non-compliance by the prosecutor with the confidentiality of works of this nature as well as other information of the same nature that he became aware of in the exercise of his duties. Non-compliance by the prosecutor with administrative orders issued by the prosecutor's office. The legality of the evidence administered in the administrative procedure of the disciplinary investigation carried out by the judicial inspector. The disciplinary offense provided for by art. 99 letter j) of the Law no. 303/2004 on the status of judges and prosecutors (unmodified): "failure to observe the secrecy of the deliberations or the confidentiality of the works of this nature, as well as other information of the same nature that he became aware of in the exercise of his duties, except for those of public interest, in the conditions of the law, if the act does not constitute a crime". It does not meet the constitutive elements of the disciplinary offense provided by art. 99 letter j) of the Law no. 303/2004 on the status of judges and prosecutors (unmodified) the prosecutor's act of sending, from his office e-mail to the office e-mail of all colleagues in the prosecution unit, a message to which he attached an indictment that was refuted by the superior hierarchical prosecutor, asking them to rule on the legality and validity of the act of referral to the court. Placing in a professional debate by the colleagues of the manner of solving a legal problem in relation to which the prosecutor considered that it could change the practice of the institution cannot constitute a disciplinary misconduct. The disciplinary offense provided for by art. 99 letter m) of the Law no. 303/2004 on the status of judges and prosecutors, republished, with subsequent amendments and additions - "unjustified non-compliance with provisions or administrative decisions ordered in accordance with the law by the head of the court or prosecutor's office or other administrative obligations provided for by law or regulations". It does not meet the constitutive elements of the disciplinary offense provided by art. 99 letter m) of the Law no. 303/2004 on the status of judges and prosecutors (unmodified) the act of the prosecutor to transfer, contrary to the provisions of an order issued by the deputy chief prosecutor of the specialized prosecutor's office, from the office e-mail to the personal e-mail, documents related to a file that he handeled.

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