Romania's Constitutional Court deems illegal prosecutors’ protocols with intelligence services
Romania’s Constitutional Court admitted the conflict between the Parliament and General Prosecutor’s Office on the issue of the protocols signed by the latter with the intelligence services. As a result, the Court deemed as illegal the protocols.
The final sentences issued so far based on evidences collected under the protocols can’t be scrapped, but ongoing court trials involving such evidences are subject to reconsideration.
Local courts will take decisions on a case-by-case basis whether to scrap part of the evidence, the Constitutional Court said. When a court finds that the evidence presented has been collected by entities other than the prosecutors, they will have to invalidate the respective evidence but only for the ongoing court trials, local G4Media explained.
The General Prosecutor’s Office confirmed that it will take the necessary steps to comply with the Constitutional Court’s ruling.
G4media.ro comments about the final sentences, which could still be invalidated, but on other grounds. Namely, final sentences could be invalidated on procedural issues related to the validity of the five-judges panels including one judge that was not appointed randomly but by default. The Constitutional Court in another ruling clarified the procedures and stated that all the five judges should be appointed randomly.
Justice minister Tudorel Toader announced on Wednesday evening that the ruling coalition will likely adopt a law or emergency ordinance for “correcting the abuses” in final sentences that were based on evidence collected under these protocols or were ruled by illegally appointed judge panels, G4Media reported.
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