| Abstrakt: |
The Romanian state has shown a permanent concern for preventing and fighting corruption and starting from 2001, the year of the adoption of the first National Anticorruption Strategy, the initiated reform led, among other things, to the establishment of specialized bodies in the investigation of corruption crimes, such as the National Anticorruption Prosecutor's Office in 2002 (currently the National Anticorruption Directorate), and the General Anticorruption Directorate, in 2005, as a specialized structure within the Ministry of Internal Affairs. The legislation applicable to the prosecution of persons who have committed acts of corruption has constantly improved, both in terms of procedural law and substantially law. However, from the point of view of carrying out the criminal investigation, we appreciate that currently there are situations in which the norms of criminal procedural law are interpreted and applied extensively and contrary to the legislation in force. Specifically, the criminal investigation bodies within the General Anticorruption Directorate are delegated by the prosecutors of the National Anticorruption Directorate to carry out criminal investigation acts against persons who do not have the status of employees of the Ministry of Internal Affairs, although there is no legal provision that give them a general competence. Therefore, in this article we will carry out an analysis of the legal framework regarding the operationalization of the General Anticorruption Directorate, we will present the considerations of the Constitutional Court of Romania and the High Court of Cassation and Justice and we will conclude with the procedural remedies for the annulment of criminal investigation acts drawn up by judicial police officers within the General Anticorruption Directorate, carried out in violation of the competence according to the quality of the person. [ABSTRACT FROM AUTHOR] |
