The decision of the High Court of Cassation and Justice regarding the special order will lead to the closure of thousands of cases, of which 557 are only in DNA. According to data sent to HotNews.ro on Friday, the estimated damage in the files is 1.2 billion euros, and the total cost of bribery and influence peddling is 150 million euros.

According to DNA, the 2018 and 2022 Supreme Court rulings and Tuesday’s Supreme Court decision will have implications for 57 criminal cases under investigation and pending in the courts.

In these 557 cases, in which the estimated damage is 1.2 billion euros and the total cost of bribery and influence peddling is 150 million euros, the magistrates will have to declare the end of the criminal proceedings and the removal of criminal responsibility for the crimes. corruption equated to corruption and the object of which is fraud with European funds, says DNA

The detailed situation is as follows:

Cases in criminal proceedings (in the DNA list)

• 190 files
• the estimated damage is EUR 648,207,688
• the total cost of the bribe and traffic impact is EUR 50,997,625

Cases in different stages of legal proceedings (pending in courts) of legal proceedings, in different stages

• 367 files
• the damage estimate is 561,230,056 euros
• the total cost of the bribe and traffic impact is EUR 99,471,962

What the DNA says about the ICCJ decision on prescription

The DNA notes that the prosecutors complied with the norms of the current legislation and drew up acts on the interruption of the statute of limitations for criminal liability provided for by the Criminal and Criminal Procedure Codes, starting from February 1, 2014 (the date of entry into force of the new Codes) and in accordance with Decision No. 297/2018 KAS starting from 2018 (from the date of entry into force of the relevant Decision). In particular, taking into account Decision No. 297/2018 of the KPK and in accordance with the practice of the ICCJ, DNA prosecutors interrupted the prescription only due to the preparation of some documents from the category of those notified to suspects and accused persons (initiation of criminal investigation in personam, initiation of a criminal case, completion of a criminal case with referral to court, etc.), says DNA.

“The DNA prosecutors will be consistent in cases in which the prescription of criminal responsibility will be applied and will request a referral to the Court of Justice of the European Union (CJEU) to assess the consistency of the decisions of the CCR, according to the ICCJ with European norms and jurisprudence of the CJEU, which, among other things, provide for the obligation the obligation of the Romanian state to investigate and apply sanctions, in an effective manner, for corrupt practices and fraud with European funds,” adds DNA.

Thousands of defendants will avoid criminal cases

From the decision of 2018, which found unconstitutional a phrase in the article of the Criminal Code regarding the statute of limitations for criminal liability, and to the extraordinary resolution adopted by the government on May 30, 2022, which amended the Criminal Code, the statute of limitations cannot be interrupted in any case, the Constitutional Court established in June Parliament did not introduce legislative changes to harmonize the Criminal Code with the decision of the Constitutional Court, so as of 2018 there were no legislative provisions to regulate the interruption of the statute of limitations, an aspect that was taxed by the decision of the DRC from the summer of this year.

After the KRS decision, many trials were suspended, and the courts asked the ICCJ to clarify whether the Constitutional Court’s ruling on the statute of limitations applies retroactively to the principle of the most favorable criminal law.

On Tuesday, the panel on legal issues of the High Court of Cassation and Justice ruled that the CCR’s ruling on the injunction is retroactive. The decision will affect thousands of cases pending in courts or prosecutors’ offices – defendants will avoid convictions or charges as a result of the statute of limitations.

• List of files with difficult names awaiting fact-finding / Elena Udrea gets rid of Hidroelectrica case and Besescu election campaign financing case – lawyer / Ioana Besescu, also a beneficiary

The effect: thousands of defendants could avoid the files, the list of beneficiaries, including famous names such as Elena Udrea or Ioana Basescu.

Cases that are conducted either in the prosecutor’s office or in the courts become targeted, and the criminal process is stopped before it is found out in practice whether these persons have committed a crime or not.

• SEE THE FULL DECISION OF THE SUPREME COURT HERE