A former deputy prime minister says that “Oana Gheorghiu can notify, in her turn, the criminal investigation bodies”, after she was complained about by the CSM. The argument invoked
Oana Gheorghiu, co-founder of “Give Life” Photo: Iquam Photos / Octav Ganea
Ana Birchall, former Deputy Prime Minister and Minister of Justice, said on Monday evening that Oana Gheorghiu can file a criminal complaint regarding the commission of the crime of misleading the judicial bodies, after the current Deputy Prime Minister was complained by the CSM to the General Prosecutor's Office for “incitement to hatred, violence or discrimination” through statements about magistrates' pensions.
Birchall invoked Paragraph 1 of Article 268 of the Penal Code, according to which “criminal notification, made by denunciation or complaint, regarding the existence of a deed provided for by the criminal law or in connection with the commission of such a deed by a certain person, knowing that it is untrue, is punishable by imprisonment from 6 months to 3 years or a fine”.
Ana Birchall's statement comes in the context in which, on Monday, the CSM accused Deputy Prime Minister Oana Gheorghiu of having committed an “attack” on the judiciary, through the statements about magistrates' pensions. The institution announced that it “decided to notify the bodies empowered to carry out investigations under the aspect of committing the crime of incitement to violence, hatred or discrimination”, an unprecedented step.
In Monday evening's post on Facebook, Ana Birchall said that, according to the legislation, “at the request of the General Prosecutor of Romania, only the President of Romania can request the prosecution of a member of the Government who is not also a member of the Parliament”.
The former Minister of Justice stated, at the same time, that “the General Prosecutor's Office can be notified by any person, including the CSM”.
“What will the President of Romania do?! When Lia Savonea stormed the ÎCCJ, the president was silent, although he could go legally, including to the CSM plenary session! I also recommended him then to go to the CSM! He refused, although I still think it would have been good if he went to the CSM and gave a message for the honest magistrates in the judicial system!”, Ana Birchall, who was appointed presidential adviser by Ilie Bolojan, also declared at that moment interim president, for a mandate that ended on June 30, after the arrival of Nicușor Dan in Cotroceni.
