DNA receives a blow from the HCCJ. Prosecutors can no longer investigate abuse of office if the damage is less than 200,000 euros and does not target people with special qualities

Abuse of office has been a hotly debated topic in public in recent years. Several legislative projects have tried to impose the 200,000-euro threshold.

“In the unitary interpretation and application of the provisions of art. 13 paragraph (1) letter a) of the Government Emergency Ordinance no. 43/2002, the crime of abuse of office provided in art. 13? Of Law no. 78/2000 reported to Article 297 of the Criminal Code, which caused a material damage less than or equal to the RON equivalent of 200,000 euros, committed by a person whose quality does not determine the incidence of the provisions of Article 13 paragraph (1) letter b) of Government Emergency Ordinance No. 43/2002 is the responsibility of the non-specialized prosecutor’s office, and not of the National Anticorruption Directorate.

The provisions of art. 13 para. (1) lit. a) Thesis II of the Government Emergency Ordinance no. 43/2002, regarding the value of the amount or the good that forms the object of the corruption crime, are not incidents in the case of the crime of abuse of office provided in art. 132 of Law no. 78/2000 reported to art. 297 of the Criminal Code.

Mandatory, according to the provisions of art. 474 para. (4) of the Code of Criminal Procedure “, shall be specified in the minute of the HCCJ decision.

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