The complaint submitted by MP Lilian Carp to the Superior Council of Prosecutors does not meet the legal requirements for being classed as denouncement. In accordance with the Penal Procedure Code, this claim should have been initially examined in terms of its legality, should have been registered with the responsible prosecution body and should have been then presented to SCP for this to assign a prosecutor. As the procedures weren’t respected, all the penal procedure documents in the case of Alexandr Stoianoglo and the administrative documents that are to be adopted by SCP, including as regards the appointment of an acting prosecutor general, can be nullified, deputy prosecutor general Ruslan Popov stated in a news conference at IPN.
According to Popov, as SCP considers itself a prosecution body, the legality of the claim should have been determined by the Council. Similar to the procedure for obtaining the consent to take legal action against judges, the Council, examining the demands of MP Carp, should have obeyed the legal norms typical of a complex administrative procedure. SCP was obliged to examine the claim and should have established if it meets the legal requirements in terms of form and content, should have analyzed all the materials presented by MP Carp who actually didn’t present any evidence. The injured party must be questioned and the prosecutor general should have been given the right to present his stance.
The prosecutor general asked SCP to invite him to the meeting of the Council and to be presented the official claim so that he could familiarize himself with all the objections. The subject was discussed by SCP, but this refused to invite the prosecutor general. The prospector general came to the meeting, but he was asked to leave the hall. SCP was obliged to read the prosecutor’s applications and to pronounce on his replacement request.
Ruslan Popov also said that the Administrative Code bans a person who does not act in good faith and is not impartial, as Minister of Justice Sergiu Litvinenco is, from taking part in an administrative procedure. Alexandr Stoianoglo presented evidence showing that Litvinenco is directly interested in the resuts of the procedure. There is an affinity between him and Maria Iovu, chief accountant of Victoriabank who was investigated in the bank fraud case and against whom the charges were recently dropped. The acting president of the Superior Council of Magistracy Dorel Musteață also had interests in the examination of the matter concerning the prosecutor general as his brother is also featured in the bank fraud case.
According to Ruslan Popov, in his application to SCP, the prosecutor general attached four sets of notes showing that what Lilian Carp wrote in his claim represents personal interpretations of circumstances and there is evidence confirming this.
Another deputy prosecutor general, Iurie Perevoznic, said the prosecutor general is accused of causing damage to the budget by providing redundancy pays to an ex-prosecutor. An ordinary order on the dismissal of an employee of any institution envisions the provision of payments for the unused leave and of redundancy pays. In this case, the redundancy allowance shouldn’t have been paid. When this thing was ascertained, it was reached the conclusion that it was a technical error. The fired ex-prosecutor returned the 160,000 lei paid to him.
