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Last week, the director of the High Court of Cassation and Justice, Corina Corbu, announced that checks will be carried out on the distribution of the Agrícola Băneasa Case, and the results will be published at the end of the year.
In this context, lawyer Flavius Radu demonstrates, mathematically, how the random distribution was made, given that there were 26 parties to the case and 40 went to the High Court of Cassation and Justice.
“The” Butterfly “effect in the random distribution of cases The” Băneasa Farm “file.
I understand that in the next few days we will check the random distribution of the file “Granja Băneasa” …
The Constitutional Court ruled in vain in 2018, with a decision of special impact that “situations in which a person becomes a judge of his own case should be avoided – Nemo debet esse iudex in causa sua”?
However, given the steps taken, it must be said that the random distribution of the case aims to ensure a balanced and legal procedural framework, in which the judges are not “handcuffed” but rather randomly appointed by an information system.
But, as with any computer system, entering the wrong data produces the wrong result.
Within the random distribution of the case, according to the object of the case, the determining parameters are: (i) the complexity of the file and (ii) the distribution period, or the maximum annual complexity, as the case may be.
The complexity of a case is established according to a mathematical formula established by the SCM in which several elements are taken into account, including the number of parts and the number of volumes, elements that directly influence the degree of complexity.
In other words, if, for example, in the Ferma Băneasa case, instead of 26 parts – how many were actually – 40 parts were approved, this affects the degree of complexity of the case and, consequently, the Random distribution.
That is so, I do not say … I say on the one hand, the data contained in the file “Băneasa Farm”, and on the other hand, the guidelines on the management of the activity of dependents – “The introduction of the same part several sometimes affects the calculation of complexity. “
It doesn’t matter why, how or when. It matters what happened, and this is proven. The degree of complexity of the “Granja Băneasa” case was flawed.
Will the checks that the Superior Court will perform reveal what has been shown? And if so, what will the conclusion be? What was a mistake, but nothing would have changed?
And if it is still being verified, can someone explain how the case left the Brașov Court of Appeal on December 23, 2019 and was registered with the HCCJ on December 24, only at 1:14 p.m.?
Probably all the aspects shown are just the consequences of the flapping of the wings of a native butterfly or …
Up to official conclusions, here too I leave these photos, for the future, for those who believe that life is just a long series of coincidences! ”Wrote the lawyer on his Facebook page.
