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Attorney General Augustin Lazar said on Friday that "we need to be aware of the manipulations in the media," meaning recordings leaked to the press, saying that he warned prosecutors not to use foul language when taking statements during inquiries.
Lazar said that there are people who have filed criminal complaints in this respect, but do not bring the alleged recordings to the prosecution offices, leaving prosecutors in the dark, yet uneiling them in media spectcles.
"I would not want to use the term scandal. That is a media expression. I would like to use another expression. Defendants defend themselves as they see fit because, thank God, we live in a free country in the European Union. Those who are called upon to answer to the judicial bodies for their deeds defend themselves as they think fit. As far as we can see, the persons concerned have brought their cases to the judicial bodies. Two or three criminal cases are being solved that have been filed on the basis of their complaints and, in principle, these issues should be clarified within a reasonable time, one month or two months, as investigations should be conducted, "Lazar said.
According to him, "in principle", the judicial body asks the complainant to file the original recording as well as the device he uses in the process, because the forensic experts will try to ascertain whether or not the recording is true, so they need both the recording and the device used for recording so that they may be able to issue a verdict.
"Given that the person filing the complaint fails to submit the recording and leaves the prosecutors in the dark, but nevertheless he or she shows up on television to dramatise his or her situation claiming that they are not extended a fair trial, it is up to you to conclude: is he or she convinced of the justice made or doe he or she want to make a media spectacle in which to play for public sympathy for the situation, the drama he or she experiences. Being criminally investigated is not very pleasant, but the fact of someone claiming that they are not extended a fair trial because they have certain political leanings, or hail from some place or so on, that's something else. (...) As you could see, recordings are taken away from a hearing that can be segmented and processed to one's heart's content to show only the part of the hearing to be recorded in writing and claims are made that nothing was said previously because the complainer's statements are missing, "said Lazar.
He added that "we need to be aware of media manipulations."
"We also have the following problem: if the person to be tried by the appeal court comes and complains to us and then goes to TV, what conclusion will be reached? We will wait and see what conclusions our colleagues will come to, because we should not prejudge. We need to be aware of the manipulations in the media; the journalists are warning us that the media are full of manipulators. We take notice and we need to be very careful not to fall into the traps of the manipulators."
Lazar acknowledged that there may be violations of legal provisions in criminal prosecution by the Public Prosecution Service, arguing that warned prosecutors and judicial police officers against using foul language when taking statements during investigations.
"We cannot claim that there can be no violations, that in the Public Prosecution Service there may be no violation of the legal provisions in the conduct of criminal prosecution, for example, when using foul language. The judiciary language of the case is strictly applied to the cases, and prosecutors, law enforcement officers who take statements should not express themselves in foul language. That could be seen in certain recordings that the media (...) "he said.
Lazar added that there are some code of conduct rules in this respect.
"There are some code of conduct rules for listening to witnesses that goes back to Hans Gross, in the early 20th century, who drew up a manual showing how investigations should be conducted at the scene, rules to be followed, how should people be heard, in that you have to ask them gradual questions, you need to have a previous discussion to see the defendant's readiness to communicate, so as not to scare him or her when you talk. The contact questions should not be in a substandard style, that is, the language must be legally spot-on, so as not to trigger further disputes and discussions. And if such discussions do arise, we have to check them out without hesitation. Please note that this is an ongoing verification by the Judicial Inspection to establish whether or not things at a certain National Anti-Corruption Directorate (DNA) unit in Ploiesti were done correctly, whether the rules were followed or there was disciplinary misconduct," Lazar said.
He argued that small prosecutor's offices, where three or four prosecutors work, should be disbanded because there is a risk of disciplinary problems.
"Please note that these bodies of the Public Prosecution Office Ministry are spread throughout the country. There are three, four prosecutors in small units. We have raised the issue of reforming the judicial charter, meaning that small prosecution offices and courthouses should no longer spread throughout the country, because there is a higher risk of not developing an institutional culture. It was preferable not to continue to promote the bill on the disbandment of 30-40 small units throughout the country. They preferred the status quo for reasons that escape us. That was a political decision. If we remain that way - and I have drawn attention since I took office - we will risk having disciplinary problems with people who are spread out in small groups over which central control is quite weak," said added Lazar.
