The Romanian Justice System is going through a scandal in which protests and positions of lawyers in defense of lawyer Robert Rosu, condemned by the High Court of Cassation and Justice in the famous file known “Baneasa Farm”.
Photo: Av Robert Rosu
The National Union of Bars of Romania through the voice of President Traian Briciu has made statements that raised the alarm that with this conviction the profession of lawyer is in danger see link https://news247worldpressuk.com/2020/12/19/breaking-romania-lawyers-outraged-after-a-colleague-of-theirs-was-sentenced-to-prison-in-baneasa-farm-case/
Photo: Av. Traian Briciu,President of UNBR
The Bucharest Bar of Lawyers issued a communiqué expressing its disappointment and clarifying the next steps in the fight with the High Court of Cassation and Justice and the Justice System.
,,The Bucharest Bar Council took note, with deep concern for the free exercise of the legal profession, about the sentence of imprisonment, with execution, of a lawyer from the Bucharest Bar, acquitted at first instance of the charges brought by prosecutors.
According to publicly available information, the allegations against the lawyer consisted of being complicit in abuse of office and involved in an organised criminal group, contributing to both offences consisting in the pursuit of activities specific to the legal profession, by means of notifications, drafting documents and assisting the client before a public institution.” Link https://www.baroul-bucuresti.ro/stire/pozitia-baroului-bucuresti-cu-privire-la-condamnarea-unui-avocat
,, Bucharest Bar Council, meeting at the extraordinary meeting of 19 December 2020:
– analyzing the situation created by the conviction of two lawyers from the Bucharest Bar for committing crimes in the exercise of the profession:
– having regard to the possibility that acts of lawful exercise of the client’s assistance and representation may be regarded as criminal offences, recognising the independence of the judiciary and the obligation to reserve, until the reasons for a judgment have been made, recognising as essential, in a democratic society, the freedom of expression of the lawyer,
– the submission of an application to the ICCJ for legal measures to comply with the legal time limit for the reasons for the judgment given in question, which would expire on 16 January 2021;
– the provision of free legal assistance to the two lawyers in any judicial and administrative proceedings in connection with the case;
– the wearing of a white armband by all lawyers of the Bucharest Bar in the exercise of the profession of lawyer in courts, public prosecutor’s offices, police units or professional offices;
– the assessment, on 16 January 2021, of the date on which the term of reasons for the judgment in question is fulfilled, of the risks to which lawyers are exposed by the exercise of the profession, and the taking of other measures, legal and principled, on the part of the Bucharest Bar, in compliance with the law, in order to ensure, by all participants in the act of justice, the principles of safe exercise , the legal profession;
– making a call to all Romanian bars for the adoption of measures to support the profession and the steps of the Bucharest Bar;
-information of the Bars with which the Bucharest Bar has twinning agreements and international professional organizations, of which it is a member, about the risks to which the romanian legal profession is exposed; link https://www.baroul-bucuresti.ro/stire/masuri-pentru-protejarea-exercitarii-legale-si-in-siguranta-a-profesiei-de-avocat
17 DECEMBER 2020 – THE DAY IN WHICH ALL AVOCATIONS HAVE BEEN CONDAMNED
On a Thursday, namely on 17 December 2020, a panel from Romania’s highest court handed down heavy convictions, inter alia, for the offence of organised criminal group and the offence of abuse of office (most) allegedly committed by officials and persons without that status, in a case concerning acts older than 10 years (some in 2006). Among those convicted is the lawyer ROBERT RED.
Leaving aside the difficult conditions for the conduct of the judgment on appeal, with some of the participants in the courtroom and with the other part outside the courtroom, a serious problem of the Romanian judicial system is the unpredictable interpretation of the criminal law, especially in the case of acts whose inclusion in the field of criminal law is questionable, as is the abuse in the service. Read more : HERE (Romanian version, please use translate programs)
Adina Anghelescu-Stancu: “The Red Case. Blood X-ray after a cold-blooded execution. It’s time to regain the dignity of lawyers and the rights of the defence!” (OPINION)
I will enter steeply into the subject, bluntly towards the “honorable” complete of the High Court of Cassation and Justice which massacred the Statute of the Lawyer and brought him, the other day, to a state of vulnerability that endangers, more than ever, the rule of law. The terror has been instituted. The right of defence is in grave danger.
What are you doing now, lawyers? Come on, let me see you! Let me see if in the 12th hour you wake up for good and stop walking on the jokes when you enter the room where you judge the complete ness led by Ionut Matei, for fear that you disturb him too much and spoil his feng-shui of thought! If you didn’t rebel when your other colleagues were being dragged by DNA through all sorts of absurd investigations, at least now you can stop the anti-law masquerade! You’re going to take this fight for justice to the end? That, as I recall, UNBR did not react at all when lawyer Ciprian Mitosheriu of the Iaşi Bar had been sentenced to the substance for having implemented a final judgment, his good fortune that at the ICCJ he had failed another complete, not that of Ionut Matei, and the impartial judgment led to him being acquitted. Read moore https://www.gandul.ro/opinii/adina-anghelescu-stancu-cazul-rosu-radiografie-la-sange-dupa-o-executie-cu-sange-rece-e-timpul-recastigarii-demnitatii-avocatilor-si-a-dreptului-la-aparare-opinie-19557303
CAPITAL: Revolt in the Bucharest Bar! High Court criticised after conviction of lawyer Robert Rosu in Baneasa Farm Case.
There’s a real riot in the Bucharest Bar! The High Court of Cassation and Justice is criticized on an open stage after the conviction of lawyer Robert Red, in the Baneasa Farm File.
Lawyer Robert Rosu has received a harsh verdict. He was sentenced to 5 years in prison with execution in the case “Băneasa Farm”, along with Remus Truică, Prince Paul of Romania or billionaires Tal Silberstein and Benyamin Steinmetz.
The conviction of the Rosu Lawyer has aroused great discontent among lawyers, with many finding the Judges of the BCCJ to have erred. In this respect, the Bucharest Bar launches an attack on the magistrates, although the statement of reasons has not been published, ruling unknowingly.
Tough attack on ICCJ
The Bucharest Bar Council took note, with deep concern for the free exercise of the legal profession, about the sentence of imprisonment, with execution, of a lawyer from the Bucharest Bar, acquitted at first instance of the charges brought by prosecutors.
Judge,Bogdan Mateescu ,President of CSM :
The new head of the CSM , Judge Bogdan Mateescu, sent a firm reply: ‘I consider any public or private attacks on the final provisions of the courts unacceptable.’’
High Court of Cassation and Justice:
Regarding positions expressed in the public environment by several professional organisations
lawyers, as regards the solution of convicting a person who has the status of
by a panel of the High Court of Cassation and Justice, positions adopted before the
to know the considerations of the decision in question, despite its finality, and
based solely on the arguments favourable to the person concerned, also taking into account the obligation to
judges in terms of public communication, the supreme court intends to
strongly recall the following:
“Justice is performed by judges in the name of the law, is unique, impartial and equal
for all.” (Article 2(2)) shall be replaced by the following: (1) of Law No 304/2004).
“Judges are independent and subject only to the law” (art.124 para. 3) of the Constitution
Romania) and “(…) are obliged (…) to ensure the rule of law, to respect the rights and freedoms of
persons, as well as their equality before the law and to ensure legal treatment
non-discriminatory treatment of all participants in judicial proceedings, regardless of the
(Article 4(1)( 1) of Law No.303/2004 republished, with amendments and additions
subsequent). read more: comunicat de presa 19.12.2020
Editor in Chief