• Prosecutors Opened a Criminal Case on the Appointment of Boris Lupașcu as Judge at the Constitutional Court, in April, by the Socialist-Shor Parliamentary Majority

    Prosecutors Opened a Criminal Case on the Appointment of Boris Lupașcu as Judge at the Constitutional Court, in April, by the Socialist-Shor Parliamentary Majority
    by
    25 October 2021 | 15:18

    The Prosecutor’s Office for Combating Organized Crime and Special Cases announced on Monday the registration of the criminal case on the appointment of Boris Lupașcu as Judge at the Constitutional Court, in April, by the Socialist Party.

    The institution’s note issued on Monday, October 25, states that, more precisely, the prosecutors are investigating “the usurpation of official quality by the person who entered the office of the judge at the Constitutional Court, as well as the usurpation of power in the interest of an organized criminal group.”

    The registration of the criminal case was preceded by the notification of the deputies Sergiu Litvinenco and Virgiliu Pâslariuc filed in April 2021, whose request and registration was rejected by the General Prosecutor’s Office ordinance, issued two days after the submission of the address. Subsequently, the authors of the notification challenged the ordinance, and the Chișinău Court of Appeal satisfied their request and ordered the registration of their notification.

    Previously, ZdG reported that the Chișinău Court of Appeal magistrates found that the content of the ordinance issued by the General Prosecutor’s Office does not show that they verified the circumstances of the violation, including the evidence indicated by the Minister of Justice, Sergiu Litvinenco, and Action and Solidarity Deputy deputy Virgiliu Pâslariuc, which is why the Board concluded that the examination of the complaint was carried out contrary to the rules of procedure and the requirements of a fair trial.

    On April 24, the Action and Solidarity Party deputies Sergiu Litvinenco and Virgiliu Pâslariuc filed a complaint against the General Prosecutor’s Office requesting the initiation of criminal proceedings on the suspicion of usurpation of state power. The notification came after the parliamentary majority formed by the Socialist-Shor Parties, on April 23, annulled the appointment of Domnica Manole to the Constitutional Court. Subsequently, at the proposal of the Socialists, Boris Lupașcu, was appointed judge at the High Court.

    On April 28, the General Prosecutor, Alexandr Stoianoglo, issued an ordinance refusing to receive and register the notification submitted by Action and Solidarity Party deputies. In the motivation of the ordinance, Stoianoglo indicated that the content of the address formally includes some elements of a denunciation, which, however, is drawn up contrary to the rigors established the Code of Criminal Procedure, stating that the petitioners make only “intuitive and deductive” statements.

    The Constitutional Court suspended the decision regarding the revocation of Domnica Manole from the position of judge of the High Court, as well as the decision by which Boris Lupașcu was appointed judge at Constitutional Court by the Socialist Party and the Shor Party.

    AUTHOR MAIL eng.zdg@gmail.com

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