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The Bucharest Court of Appeal on Monday decided it does not have the territorial jurisdiction to rule on the DIICOT's (Directorate for Investigating Organised Crime and Terrorism) request to reopen the investigation against the former heads of the Gendarmerie in the "August 10" file, which resulted in the file being sent to the Bucharest Court.
"The claim related to the territorial jurisdiction of the Bucharest Court of Appeal - Criminal Section 1 - preliminary chamber judge is admitted. The court declines its jurisdiction in solving the request regarding the reopening of criminal proceedings, as according to the Ordinance No. 111/II-2?2020 of 04.08.2020 of the chief prosecutor of the Directorate for Investigating Organised Crime and Terrorist, in favour of the Bucharest Court - preliminary chamber judge. Based on article 29 paragraph 5 of the Law No. 47/1999, the court rejects the request to file a constitutional challenge with the Constitutional Court related to the provisions of article 90 of Law No. 135/2020 (Criminal Procedure Code), as formulated by respondent Cucos Gheorghe Sebastian, through its lawyer. With the possibility of appealing against this decision within 48 hours. The decision is definitive in respect to the rest of the provisions," reads the decision taken by judge Ruxandra Grecu from the Bucharest Court of Appeal.
