Romania’s Constitutional Court has difficult decision to make about abuse of office crime

Romania’s Constitutional Court must rule this month if the abuse of office charge is constitutional or not. The court’s decision may strongly impact Romania’s fight against corruption, as many cases investigated by the anticorruption prosecutors are about abuse of office. Former anti-organized crime chief prosecutor Alina Bica, who was sent to court for corruption charges, including abuse of office, in December 2015, raised an objection of unconstitutionality claiming that the abuse of office charge was too vaguely defined by the Penal Code. The Constitutional Court will rule on this matter on May 24. If the Constitutional Court accepts her objection and rules that the abuse of office charge is unconstitutional, this may impact about a third of DNA’s corruption cases. Other famous abuse of office cases investigated target former interior minister Gabriel Oprea, former general prosecutor Tiberiu Nitu, and Craiova mayor Lia Olguta Vasilescu. However, most of the cases where the prosecutors have charged the suspects with abuse of office are related to public procurement. Romania’s National Anticorruption Directorate (DNA) is currently processing 865 fraud cases in public procurement, most of which also include abuse of office, said DNA chief-prosecutor Laura Kovesi on Tuesday, May 11. Citizens should be worried if the abuse of office is decriminalized, Kovesi added, according to Hotnews.ro. “Guilty parties will not be punished and prejudices will not be recovered,” DNA chief prosecutor Kovesi explained. Citizens should ask themselves if Romania can choose not to investigate damages of millions of euro, Kovesi concluded. Thousands of people have been investigated, sent to court or condemned for abuse in office since 2004. editor@romania-insider.com