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The Superior Court of Cassation and Justice announced this Wednesday that after the verifications ordered by the president of the court, Corina Corbu, it was established that the “Ferma Băneasa” file was distributed to the judicial panel that issued the final judgment in this case respecting the principle of distribution. random.
According to a statement signed by Corina Corbu, the verifications showed that the procedural activity in the “Băneasa Farm” case, at the appeal stage, took place in the Superior Court of Cassation and Justice in compliance with the principle of random distribution provided for in art. .11 of Law no. 304/2004, which means that the following findings are relevant:
The file in question was received from the Braşov Court of Appeals, registered in the General Register of the HCCJ on December 24, 2019, at 12:25 p.m., in the Criminal Section, in the ECRIS system at 1:14 p.m. and randomly distributed in the computer system. , on the same day, at 3:00 p.m., together with all the files registered on that date.
The evidence of random distribution to Panel No. is attached to the case file. 4, in accordance with the decision of the HCCJ board of directors no. 221/2019.
During the reference period, the nine panels of three judges of the Criminal Section were active for assignment and were configured in accordance with the parameters established by the decisions of the board of directors.
At the time of allocation, none of the 3-judge panels was blocked or excluded from randomization.
Regarding the issue of the number of parts, invoked in the memorandum presented, the Department of Informatics simulated the calculation of the complexity of the file using the variants with 40 and 26 parts, respectively, resulting in that, in both variants, the same result was obtained regarding the complexity of the file, due to the weight. reduced of this criterion in the formula to calculate (automatically) the complexity, so there are no elements that lead to the influence of the random distribution criteria.
The ICCJ also points out that, with regard to the external audit of the random distribution system, the Superior Court of Cassation and Justice, like any other court, is only a user of the ECRIS computer application, developed and managed by the Ministry of Justice. Justice, through its specialized management. In accordance with article 53, paragraph 3, of Law No. 304/2004, the external audit of the system is carried out under the direction of the Ministry of Justice.
Several lawyers, including law professor Radu Chiriță, from Cluj Napoca Law School, questioned how this case came to be tried by the “black panel”. In this case, several people who were acquitted at the Brașov Court of Appeal, including lawyer Robert Roșu, were sentenced to execution at the High Court of Cassation and Justice.
The entire action signed by the HCCJ began after Romanian lawyers protested against the decision in the “Băneasa Farm” case.
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