Investigation section of offenses in justice can investigate into all offenses committed by magistrates

The Investigation Section of Offenses in Justice within the Prosecutor's Office attached to the High Court of Cassation and Justice can investigate all offenses committed by magistrates, MPs of the special committee decided on Tuesday by adopting an amendment to the bill modifying the Law No.304/2004 regarding the judicial organisation.

"Within the Prosecutor's Office attached to the High Court of Justice and Cassation, the Investigation Section of Offenses in Justice is being set up and functioning, which is exclusively authorised to conduct the criminal prosecution of offenses committed by judges and prosecutors, including military judges and prosecutors and those who are members of the Superior Council of Magistrates," reads the amendment that modifies the form of the draft law no.304/2004 adopted last week by the Deputies' Chamber, that will be submitted to a debate in the Senate. 

According to the current form, "within the Prosecutor's Office attached to the High Court of Justice and Cassation, the Investigation Section of some Offenses in Justice is being set up and functioning, which is exclusively authorised to conduct the criminal prosecution of corruption offenses and offenses assimilated to it, stipulated by the Criminal Code and the Law No.78/2000, job offenses or related to them, as well as offenses against serving justice committed by judges and prosecutors, including by those who are members of the Superior Council of Magistrates, as well as by prosecutors and military judges." 

The Section maintains its jurisdiction for criminal prosecution even if other persons are placed under investigation together with magistrates, according to an amendment from the Hungarian Democratic Union of Romania (UDMR). 

MPs have decided that this section be led by a prosecutor-in-chief, assisted by a deputy chief prosecutor, appointed by the plenary sitting of the Superior Council of Magistrates (CSM). The Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice solves conflicts of jurisdiction between the Investigation Section of Offenses in Justice and other structures or units within the Public Ministry.