Inspecția Judiciară propune suspendarea din funcție a procurorului care a amânat percheziția în locuința lui Gheorghe Dincă
Inspecția Judiciară propune suspendarea din funcție a procurorului care a amânat percheziția în locuința lui Gheorghe Dincă. Magistratul este cercetat disciplinar pentru exercitarea funcției cu gravă neglijență pentru că nu a autorizat percheziția înainte de ora 6:00. Secţia pentru Procurori in materie disciplinară va dezbate joi propunerea Inspecţiei Judiciare.
Comunicat integral
„ Inspectorii judiciari din cadrul Direcţiei de inspecţie pentru procurori au dispus începerea cercetării disciplinare faţă de procurorul Popescu Cristian Ovidiu de la Parchetul de pe lângă Judecătoria Caracal sub aspectul săvârşirii abaterii disciplinare prevăzute de art. 99 lit. t) teza a II-a, constând în exercitarea funcţiei cu gravă neglijenţă.
În motivarea începerii cercetării disciplinare, s-a reţinut că procurorul de caz, sesizat cu infracţiunea de lipsire de libertate a unei minore şi având, ca atare, obligaţia de a lua toate măsurile pentru încetarea acestei stări, nu a consimţit la pătrunderea, anterior orei 6:00 a zilei de 26 iulie 2019, în imobilul suspectului unde se presupunea că se află victima, ignorând prevederile art. 27 alin. (2) lit. b) din Constituţia României, raportat la art. 20 alin. (2) din Codul penal.
Cercetarea disciplinară este o etapă obligatorie a procedurii disciplinare în cadrul căreia se stabilesc faptele şi urmările acestora, împrejurările în care au fost săvârşite, precum şi orice alte date concludente din care să se poată aprecia asupra existenţei sau inexistenţei vinovăţiei persoanelor vizate.
Procedura disciplinară se derulează cu respectarea garanţiilor procesuale şi procedurale prevăzute de Legea nr. 134/2010, republicată, cu modificările ulterioare. De asemenea, inspectorii Direcţiei de inspecţie pentru procurori au înaintat Secţiei pentru procurori în materie disciplinară propunerea de suspendare din funcţie a procurorului până la finalizarea procedurii disciplinare.”, se arată în comunicatul Inspecției Judiciare.
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