Based Proposals for the Elimination of the Quality of a Magistrate held by Romanian Prosecutors

Bogdan David
2020 Zenodo  
ABSTRACT: In the Romanian justice system, the prosecutor is still assigned the quality of magistrate. We consider that this is a legal inaccuracy that belongs to a decadent line of justice that affects the legal system, creating real and justified doubts among litigants. The present study aims, through judicious legal references, to convince the parliamentarians of the Legal Commission, to propose for debate the elimination of the quality of magistrate, which the Romanian prosecutors have, they
more » ... having a double hierarchical subordination: legal (from superiors) and political (from the part of the Minister of Justice, which proposes the leaders of the supreme prosecutor's offices); therefore, the prosecutor has no powers to establish one's guilt or innocence and the title of "magistrate" is this inappropriate for him, as he is a "State attorney", similar to what in the US is called a "District attorney". In arguing this study, we will start from the analysis of the terminology of the name "magistrate", as it was known since antiquity, the Middle Ages and later in the Roman legal system. Until the installation of the communist regime, the Romanian diachronic legal system kept the natural valences of this profession of prosecutor, but, unfortunately, after Romania was liberated from the communist totalitarian system in 1989, this decadent legal position was maintained, relative to maintaining the quality by the "magistrate" of the prosecutor. KEYWORDS: Magistrate, prosecutor, legal inequity, fair trial, principle of legality, procedural guarantees.
doi:10.5281/zenodo.4268617 fatcat:f5cwchq37fbkhg5u37iiu5jjqq