Violation of the special competence of the National Anticorruption Directorate. Inapplicability of the provisions of art. 50 para. (2) of the Criminal Procedure Code during the criminal investigation

Abstract

Under the conditions in which the prosecutor did not proceed, according to art. 58 para. (1) of the Criminal Procedure Code., upon checking, immediately after its notification, of his competence and, as such, it violated the legal provisions regarding the competence according to the quality of the person, in relation to the provisions of art. 281 para. (1) let. b) of the Criminal Procedure Code and by Decision no. 302/2017 of the Constitutional Court, all criminal prosecution acts and administered evidence are struck with absolute nullity.

In the criminal investigation phase, the provisions of art. 50 para. (2) of the Criminal Procedure Code are not applicable, the prosecutor having no legal possibility, in the situation where the sending of the case to a different Prosecutor’s Office was determined by the material competence or by the quality of the person, to maintain the administered evidence, the completed acts and the measures ordered by the prosecutor who declined his competence.

(Bucharest Court of Appeal, 1st Criminal Division, Minute no. 100/CP of 22.02.2023)