A judge left unmotivated for 5 years a conviction for attempted murder. Another decision is waiting for 10 years motivation. “The victims were severely affected”

The General Prosecutor's Office announced on Monday the trial of magistrate Monica Claudia Cipariu from the Bucharest Court. The prosecutors did not indicate his name. Judge Cipariu is accused of four facts of abuse in service, according to the official statement. She did not motivate 821 court decisions in time, says the Prosecutor's Office.

• Judge Monica Claudia Cipariu has been disciplined seven times in the last 15 years, being sanctioned twice with the exclusion from the judiciary, according to a communicated response, at the request of Hotnews, by the Judicial Inspection. Each time, the High Court of Cassation and Justice has replaced the sanctions with milder ones.

The prosecutors of the General Prosecutor's Office claim that Judge Monica Claudia Cipariu did not draft a decision that she issued on September 1, 2020 by which four recidivists were sentenced between 5 and 12 years in prison for attempted murder. The maximum deadline for motivating a decision is 30 days, according to the Criminal Procedure Code.

During the trial, they were under the extent of preventive arrest, house arrest and subsequently of judicial control until 17.01.2020, later being left free.

What advantage did the accused have acquired

By not motivating the judgment, Judge Cipariu kept the file blocked at the substantive court for 5 years, given that the defendants had exercised remedies. During this time, one of the defendants committed several theft offenses, being convicted in two criminal cases, said the officials of the General Prosecutor's Office.

“As evidenced by the indictment, the facts of the defendant, who would have omitted the drafting of the decision, although it was disciplined for committing the disciplinary deviation of “Failure to file judgments, for imputable reasons, within the terms provided by law“provided in Law no.303/2022 on the status of judges and prosecutors, would have seriously affected the right of two persons injured in solving the case with completeness and within a reasonable time, as provided by art. 6 Paragraph 1 of the European Convention on Human Rights, art. 47 of the Charter of Fundamental Rights of the European Union and art. 20 of the Constitution of Romania ”, it is shown in the statement of the General Prosecutor's Office.

Disciplinary researched 7 times

Both at the level of the court where he was operating, as well as at the Judicial Inspection and the Superior Council of Magistracy, the problems of judge Monica Claudia Cipariu were notorious with the drafting of the motives. Over 800 decisions issued by this registered great delays in drafting the motives, according to the Judicial Inspection.

In the last 15 years, the Judicial Inspection has exercised seven disciplinary actions against Judge Cipariu, the inspection, at the request of Hotnews.

The 7 sanctions

The first sanction, a warning, received it in 2010, according to the data communicated by the Judicial Inspection.

In 2015, the SCM proposed the exclusion from the judiciary of Cipariu, but the High Court of Cassation and Justice decided to replace the sanction with the salary reduction by 20% for a period of six months.

In 2019, Judge Cipariu was sanctioned again by the SCM with the reduction of the salary by 10% over a period of two months. The sanction was not challenged by the magistrate,

In 2022, the same judge was sanctioned by the SCM with the suspension from office for a period of six months, but the High Court of Cassation and Justice decided to replace the sanction with the reduction of the salary by 25% for one year.

In 2023, the SCM again decided to exclude the judge Monica Claudia Cipariu again, but the High Court replaced the sanction with a milder one, the exclusion being replaced with the suspension for six months.

This year, the Judicial Inspection exercised the seventh judicial action against Judge Cipariu. The magistrate is accused of not motivating over 800 decisions, the oldest being 10 years! The dispute is in the role of the SCM, having a deadline on October 19.

Hundreds of delayed motivations over the years, the oldest of 2015!

“It was held that the deed of the judge Cipariu Monica-Claudia consisting of the non-dedication within 821 court decisions, the oldest being pronounced on 03.11.2015, corroborated with the circumstance that the magistrate was also disciplined for the same disciplinary deviation, the result of the activity, the result of the activity, represents the result of the activity, represents benefit from solving the case within a reasonable time ”, the action exercised by the Judicial Inspection shows.

Hotnews asked on a point of view on Friday, the president of the Bucharest Court about the situation Monica Claudia Cipariu, if she is still professing, respectively what happens to the files that the judge has to be solved. The court leadership has not yet answered the question.

The file in which Judge Cipariu is charged for abuse in service is at the preliminary chamber judge of the Bucharest Court of Appeal.