The request of the Directorate for Investigating Organised Crime and Terrorism (DIICOT) to reopen the investigation into the 'August 10' rally case will not reach the Bucharest Tribunal directly, but will be delayed at least a month at the Supreme Court for the resolution of an appeal for a referral request to the Constitutional Court.
The Bucharest Court of Appeal decided on Monday that it does not have the substantive competence to judge the DIICOT request to reopen the investigation against the former chiefs of the Gendarmerie in the 'August 10' rally case, the trial being moved to the Bucharest Tribunal.
Also on Monday, the Court of Appeal rejected as inadmissible a request made by Colonel Sebastian Cucos regarding the referral to the Constitutional Court of an exception of unconstitutionality of the provisions of Art. 90 of Law No. 135/2010 (Criminal Procedure Code).
As the decision to reject the referral to the Constitutional Court is not final, Sebastian Cucos took recourse, which will be settled by the High Court of Cassation and Justice.
However, the Supreme Court set the date for the settlement of the appeal made by Sebastian Cucos in a month, namely on September 17. Only after the resolution of this appeal, the file will be sent to the Bucharest Tribunal.
Chief prosecutor of DIICOT Giorgiana Hosu partially overturned, last week, the solution to close the 'August 10' rally case and ordered the reopening of the criminal investigation in the case of the former chiefs of the Gendarmerie.
If the DIICOT decision is confirmed by a judge, the prosecutors will reopen the criminal investigation against Colonel Gheorghe Sebastian Cucos, former First Deputy of the Romanian Gendarmerie; Major Laurentiu Cazan, former general director of the General Directorate of Gendarmes of the Municipality of Bucharest; Colonel Catalin Sindile, former chief of the Romanian Gendarmerie; Chief Police Commissioner Mihai Dan Chirica, former Secretary of State for Relations with Prefects of the Ministry of the Interior.
They will be investigated for the offenses of abuse of office, abusive conduct, participation in the use of forgery, complicity in abuse of office and complicity in participation in abusive conduct.
The case will also be reopened for the offenses of favoring the perpetrator, intellectual forgery and use of forgery.
In the ordinance for reopening the investigation, Giorgiana Hosu explains that prosecutor Doru Stoica, the one who dismissed the accusations against the chiefs of the Gendarmerie, did not seek re-admission for the evidence gathered by the Military Prosecutor's Office in the 'August 10' rally case and did not rehear the suspects, victims and witnesses.
Giorgiana Hosu shows that the Gendarmerie chiefs did not want to give statements when summoned at the Military Prosecutor's Office, but they should have been subpoenaed to DIICOT, after the file was taken over from the military prosecutors.
Moreover, no injured persons and no witnesses were subpoenaed to DIICOT, with the exception of some officials - namely Carmen Dan, Speranta Cliseru, Aurelian Badulescu and Alin Ionel Mastan.
In addition, says Giorgiana Hosu, the evidence gathered by the Military Prosecutor's Office was not re-admitted.
Giorgiana Hosu also says that no more technical evidence was requested, given that some of the video recordings in the file could not be accessed.