Prosecutors from specialized prosecutor’s offices could have the right to challenge the instructions of the Attorney General, the annulment of procedural acts or the redistribution of cases at the court of appeal. These provisions can be found in a draft law on strengthening the procedural independence of prosecutors, voted by Parliament in the first reading, reports IPN.
The initiative was drafted by the PAS deputy Igor Chiriac. According to the project, before giving instructions to a prosecutor from a specialized prosecution office, cancelling a procedural act, or redistributing a case, the general prosecutor will need to request the opinion of the chief prosecutor of the specialized prosecution office. The opinion will be consultative, and any violation of the procedure can be appealed to the court of appeal, by a panel formed of three judges, within three working days.
The project also establishes the cases in which the prosecutor general can transfer a case to another criminal investigation body: to accelerate the investigation, balance the workload, in the case of complex causes or serious violations of the law and the rights of the participants in the process.
The decision will belong exclusively to the attorney general, after consulting the chief prosecutor, and may be appealed to the court of appeal. Jurisdictional conflicts between specialized prosecutors will also be resolved by the attorney general, through a motivated ordinance.
At the same time, the project proposes that the Minister of Justice should not participate in the examination of disciplinary cases and in decisions regarding the selection and career of prosecutors within the Superior Council of Prosecutors, except for external evaluation procedures.
According to the explanatory note, the amendments aim to strengthen the autonomy of specialized prosecutors’ offices and align the legislation with European standards regarding the independence of the justice system.
The amendments to the Criminal Procedure Code are expected to come into effect on April 30, 2027, and the provision concerning the Minister of Justice – within a month of the law being published in the Official Gazette.