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Once drafted, the sentence in question will be available, anonymously, through the website of the Superior Court of Cassation and Justice, so that any citizen interested in the operation of justice can form their own assessment. However, the public discourse on the public justice service must be characterized, beyond the emotional context, by the rigor, balance and a minimum of equidistance of all the people involved, ICCJ officials also point out in the statement.
Regarding the positions expressed in the public sphere by various professional organizations of lawyers, regarding the solution of sentencing a person who has the quality of lawyer, by a panel of the High Court of Cassation and Justice, positions adopted before To know the reasons for the decision in question, without prejudice to its definitive nature and based solely on the allegations in favor of the interested party, taking into account the obligation of reserve to the judges in matters of public communication, the Supreme Court intends to energetically recall the following:
“Justice is administered by judges in the name of the law, it is unique, impartial and equal for all.” (art. 2 paragraph (1) of Law No. 304/2004). “Judges are independent and are subject only to the law” (art. 124, para. 3) of the Romanian Constitution) and “(…) they are obliged (…) to guarantee the rule of law, respect the rights and freedoms of persons, as well as their equality before the law and to guarantee non-discriminatory legal treatment to all participants in judicial proceedings, regardless of their quality ”(art. 4 paragraph 1 of Law No. 303/2004 reissued, with subsequent modifications and completions).
“The judicial bodies have the obligation to ensure, based on the evidence, the determination of the truth (…)” (art. 5 subsection 1 of the Code of Criminal Procedure), “so that (…) no An innocent person will not be criminally liable, and any person who has committed a crime will be punished in accordance with the law, within a reasonable time. (art. 8 of the Code of Criminal Procedure).
“Every person shall be presumed innocent until proven guilty in accordance with the law.” (Article 4, paragraph 1) of the Code of Criminal Procedure)
“No one is above the law.” (Article 16.2 of the Romanian Constitution) “Every person, organization, authority or institution is obliged to respect the independence of judges.” (art. 2 subsection (4) of Law No. 303/2004) ”, is also reflected in the document sent on Saturday by the ICCJ, signed by the president of the institution, judge Corina-Alina Corbu
