Prosecutors refused to receive the complaint of the former mayor of Chisinau, Dorin Chirtoaca, regarding the alleged illegal actions committed by acting Prosecutor General Dumitru Robu
The Anti-Corruption Prosecutor’s Office (PA) announces that, by order of 28 July 2022, issued by prosecutor Nadejda Busuioc, it was ordered to refuse to receive for examination the complaint of the former mayor of Chisinau, Dorin Chirtoaca, regarding the alleged illegal actions committed by the interim Prosecutor General, Dumitru Robu.
“Dorin Chirtoaca’s complaint does not contain the exposition of any facts regarding crimes committed, prepared or in preparation by the Acting Prosecutor General Dumitru Robu, but represents a disagreement with the actions and acts of Prosecutor Dumitru Robu, carried out during the conduct of the criminal prosecution and trial of the case against Dorin Chirtoaca in the commission of the crime of influence peddling, on this segment being granted sufficient procedural guarantees, which were to be achieved by the appointed according to the prescriptions established by the Code of Criminal Procedure”, said Nadejda Busuioc, the prosecutor appointed by the Superior Council of Prosecutors (CSP) to decide on the complaint submitted by Dorin Chirtoaca.
Thus Busuioc found that the address of the former mayor of Chisinau, Dorin Chirtoaca, does not represent a complaint about crimes, but is a complaint against the procedural activity carried out by acting Prosecutor General Dumitru Robu as prosecutor on the petitioner’s case.
The PA notes that, according to the provisions of Article 299/1 of the Code of Criminal Procedure, such category of addresses expressing disagreement with the actions, inactions or procedural acts of the prosecutor shall be challenged by complaint and examined by the superior prosecutor, and subsequently in the order of judicial review, but not as complaints about the commission of crimes.
In this context, the PA states that even the decision of the prosecutor appointed by the Council, refusing to receive the referral, can be appealed to the superior prosecutor within 15 days and then to the investigating judge.
On 15 July, CSP members appointed anti-corruption prosecutor Nadejda Busuioc to examine the complaint filed by former Chisinau mayor Dorin Chirtoaca regarding alleged illegal actions committed by interim Prosecutor General Dumitru Robu.
During the CSP meeting, the former mayor of Chisinau, who is under investigation in the paid parking case, came up with several accusations against the acting Prosecutor General. One of the accusations made against Robu is that in July 2017, he issued an order for the disjunction of the parking fees case “by which evidence was manipulated and materials were selectively presented in court”, which, according to Chirtoaca, led to his “illegal and abusive” suspension from the office of mayor of Chisinau.
“(…) Dumitru Robu was appointed to the position of interim Prosecutor General by a political decision (…) In the complaint I filed on July 4, I reiterated certain things I claimed last October about the abuses committed by Robu regarding me and my lawyers in the files I have been harassed with since 2017 (…) These are facts that must not go unaccountable (…),” Chirtoaca said.
The file on the name of the former mayor of the capital Dorin Chirtoaca, in which he is accused of passive corruption and influence peddling, arrived on the magistrates’ table on 21 July 2017, but so far it has no finality.