On Monday, the High Court of Cassation and Justice may decide on the appeal filed by the judicial inspectorate against the decision of the prosecutors’ department in disciplinary cases of the High Council of Magistrates to reject the lawsuit brought in connection with the dialogue that Daniel Horodničanu, vice-president of the CSM , took him with a police crew that stopped him on the way, reports Agerpres.

Daniel Horodnicanu, Vice President of CSMPhoto: AGERPRES

On November 8, 2023, the Sector for Prosecutors on Disciplinary Cases of the Supreme Court rejected the actions of the Judicial Inspection regarding Daniel Horodnichan. The decision was appealed by the judicial inspection.

On June 27, the Judicial Inspectorate reported that it brought prosecutor Daniel Horodnichana to disciplinary responsibility for committing disciplinary violations.

According to the press release, the court inspectors considered it as a disciplinary offense provided for by Art. 271 liters a) from Law 303/2022, related to Art. 104 of Law 161/2003 republished, with the following amendments, the behavior of the prosecutor, who, when he was stopped on the road by the police, addressed himself superiorly, in raised tones, showed an aggressive, intimidating attitude, which could cause the interlocutors a humiliating situation, which contradicts behavior that any magistrate should have in public.

The inspectors also noted that the prosecutor repeatedly denied and confirmed his quality during communication with the police, threatened further reactions by involving the leadership of the police, assuming that he would have relationships or influence in order to obtain a favorable address and solve his problems in a framework other than those regulated for all citizens, which constitutes a disciplinary offense, provided for in Art. 271 liters m) from Law 303/2022.

VIDEO “Why don’t you know me?”

Daniel Horodnichan was stopped on the road by police officers from the commune of Iasi county on the grounds that he exceeded the speed limit and did not signal that he intended to overtake.

In a video released in the public domain, Daniel Horodnichanu is visibly disturbed by being stopped in traffic, asking one of the police officers if they know he is “Horodnichanu’s chief prosecutor for organized crime.” The policeman said that he did not know him, Horodnichanu asked him: “Why don’t you know me?”.

Horodnicanu was stopped on the road in the county of Iasi for overtaking without a proper signal and for driving at a speed exceeding the speed limit. The policeman replied that he was not fining him, but only demanding documents and wanted to draw his attention to the mistakes made on the road.

“I’m going to talk to the head of the IPJ,” Daniel Horodnicanu warned the policeman. Horodnichanu also said that he has been working as a prosecutor for 25 years and that he is known by all the police officers of Iasi County.

At the same time, Daniel Horodnicanu reminded the policeman that in 2016 he talked with the former minister Gabriel Opria so that the policemen would receive 15% more salary.

The full dialogue between Horodnichan and the policeman who stopped him:

  • “Daniel Horodnicanu: Why did you stop me at this moment?
  • Policeman: Because you overtook us…
  • Daniel Horodnicanu: Am I not allowed to overtake you or something?
  • Policeman: There is a limit of 50 km/h, and we were already driving at 70 km/h.
  • Daniel Horodnicanu: Do you have a radar? I told you who I am.
  • Policeman: Who are you?
  • Daniel Horodnichanu: I am the chief prosecutor of Horodnichanu from organized crime. you do not know me?
  • Policeman: Please show me the documents.
  • Daniel Horodnicanu: But why don’t you know me? But where are you from? From Vaslui or from Iasi?
  • Policeman: I’m Agent David from the 1st Village Police Department.
  • Daniel Horodnicanu: From Yass?
  • Policeman: Yes, give me the documents, please!
  • Daniel Horodnicanu: I will show you my prosecutor’s certificate. But I ask you again, why did you stop me?
  • Policeman: First of all, as I said, you passed us…
  • Daniel Horodnichanu: And?
  • Daniel Horodnicanu: Stop this nonsense! You don’t know who you’re talking to. What are you doing at this hour? Patrolling the main street in the village? I am going to speak to the head of the IPJ.
  • Policeman: Over the past two weeks, more than 6 cases of animal theft have been recorded in the district. For this reason…
  • Daniel Horodnicanu: On the main street? You look for thieves in the field. Do I have to teach you how to do your job or something?
  • Policeman: You can’t…
  • Daniel Horodnicanu: I am very much, I was a prosecutor for 25 years. How long have you been working as a police officer? I can do anything! Because of me, you have 15% of your salary. I mean, for your benefit. I talked to Secretary Oprea in 2016 and you got 15%. I was 100% sure that if I passed you, you would stop me.
  • Policeman: If you give a signal…
  • Daniel Horodničanu: I know the police, and especially this police, which is coming from behind. You know what surprises me? That you say you don’t know me. All the police in the county know me.”

The reaction of the former head of DIICOT

Horodnicanu reacted to the footage by saying that it was a “well-planned scene” and that the two police officers “pretended that we don’t know each other” to “provoke me.”

  • “At first glance, for a neutral character, we are dealing with an on-duty policeman who resists the pressure of a prosecutor, correctly stopped in traffic. In reality, everything is different: I was stopped in a traffic jam at 1:30 in the morning by a crew of the village police, without violating traffic rules.
  • I was a witness to a scene that was well orchestrated by two policemen who knew me. I found out today that this skit was also probably filmed with a hidden recording device, not a body camera. True, the images are processed, there are other passages in the film, however, they are cut. (…)
  • The fact that they pretended not to know each other might have provoked me to this reaction again. I realize that I was in a difficult situation, but what is unfortunate, and I blame myself for it, is that I did not rise to the challenge and, against this emotional background, probably also combined with some personal problems, I reacted in this way in a way that it does not characterize me,” said Horodnichanu.