Contra between the heads of the military prosecutor's office after taking over the file in which the commander of the Kogălniceanu base is investigated: “contravenes the principles of professional ethics”
The file in which the commander of the “Mihail Kogălniceanu” air base, General Nicolae Crețu, is investigated for not reporting a fire and falsifying a service order was taken over by the Prosecutor's Office of the Military Court of Appeal from the Prosecutor's Office of the Military Court of Bucharest at a time when the criminal prosecution was advanced and “after which it was” to which the case was taken over, led by prosecutor Bogdan Pîrlog.
The head of the air base “Mihail Kogălniceanu”, General Nicolae Crețu, was heard by the prosecutors of the Prosecutor's Office of the Bucharest Military Court on June 11, when he was informed that he has a suspect quality. Two days later, on June 13, the Attorney General of the Prosecutor's Office of the Military Court of Appeal (PCMA) Bucharest, Marius Cătălin Strâmbei, requested that the file be sent to the unit he runs.
The file was sent to this parquet structure on June 18, but the takeover ordinance was issued by the Military General Prosecutor two days later, on June 20.
On the same day, the management of the Prosecutor's Office of the Military Court of Appeal explained, in a press release, the reasons for taking over the file in which the head of the base “Mihail Kogălniceanu” is investigated. He invoked an order issued in September 2023, establishing the takeover of all the criminal files that have as object facts committed by the military in Constanta and Tulcea, given the deficit of personnel that the Military Prosecutor's Office Bucharest faces. Thus, between 2023-2025, the Prosecutor's Office took over 407 files from the Prosecutor's Office of the Bucharest Military Court.
“This criminal file was part of the category of cases that are the subject of Order no. spent on Constanța county, on 09.04.2024, in the application of Order no. The law, the first military prosecutor of the Military Prosecutor's Office attached to the Bucharest Military Court refused to send the file at that time ”, argued the management of the Prosecutor's Office of the Military Court of Appeal, in the press release.
An order that “flagrantly violates the legal provisions”
The first prosecutor of the Prosecutor's Office of the Bucharest Military Court, Bogdan Pîrlog, argues that some of the information transmitted by the management of the Prosecutor's Office of the Military Court is untrue, and the order invoked is “illegal”.
“The respective file was registered in the role of the Military Prosecutor's Office attached to the Bucharest Military Court as a result of an ex officio notification on 12.04.2024, in the aspect of committing the crime of the omission of the complaint, a fact stipulated by article 267 1 Criminal Code, a fact committed in the municipality Military regarding the taking over of the criminal cases from the role of our parquet unit that have as object facts committed in the counties of Constanta and Tulcea. Near the Military Court of Appeal would have been passively for over a year and two months compared to an alleged refusal to be sent to take over, ”says the first Pîrlog, in a statement sent on Monday.
The order invoked by the management of the Prosecutor's Office of the Military Court is criticized by the management of the Prosecutor's Office of the Bucharest Military Court on the grounds that “it flagrantly violates the legal provisions”. Specifically, it tends to modify the express legal provisions contained in Law 304/2022 which establishes in its annex the counties that enter the constituency of the Military Prosecutor's Office attached to the Bucharest Military Court:
“The taking over of the cases in the two counties does not contribute in a significant way to” help “our parquet unit, but from the beginning was a pretext for artificial swelling of the statistics of a unit with extremely small activity and to apparently justify an informal parquet structure in Constanta, within the military prosecutor do not allow or do not foresee this. “
“The folder was taken after the direction of the investigation was clear“
The management of the Prosecutor's Office of the Bucharest Military Court also says that in the file in which the head of the Kogălniceanu base is investigated, multiple criminal investigation activities were made, including computer searches, lifting of inscriptions, witness hearing, suspect hearing, the criminal prosecution being an advanced one:
“The file was requested by the Military Prosecutor's Office attached to the Military Court of Appeal in order to carry out the criminal prosecution, after issuing the further criminal prosecution ordinance against the suspect in question, as well as after hearing, practically, after the direction to which the investigation was foreseen. The taking over of a file in an advanced pursuit phase in which the case prosecutor from which the file was taken has made numerous efforts, working constantly and efficiently in that file, contravenes the principles of professional ethics and loyal cooperation ”.
The first prosecutor Bogdan Pîrlog said that about a month ago before taking over the file he discussed with the PCMA prosecutor about this file: “As the investigations were in an advanced phase and the case prosecutor had obviously progressing, it was agreed that it is not necessary to take over that case, with which the military manager was in charge of the military prosecutor. Call ”.
