Romania: Outrage among lawyers after a colleague of theirs was sentenced to 5 years in prison in the Baneasa Farm case. It’s Robert Rosu from a big law firm. The Bar Union points out that the sentence induces fear among lawyers who are only doing their job. A firm reaction came from the new head of the CSM , Judge Bogdan Mateescu. It recalls that attacks on court decisions are unacceptable.
Photo: Judge Bogdan Mateescu, President of CSM
The new head of the CSM , Judge Bogdan Mateescu, sent a firm reply: ‘I consider any public or private attacks on the final provisions of the courts unacceptable.’’
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The Bar Union considers the criminal repression of a lawyer who has done his job unacceptable. Lawyers say their colleague’s sentencing is all the more difficult to understand given that Robert Rosu was acquitted at first instance.
Lawyers threaten that further protest actions are possible, depending on the court’s reasoning.
Watch Video TRAIAN BRICIU President of UNBR
UNBR considers unacceptable the criminal crackdown on the lawyer for consultations and claims made as a representative. The radical discrepancy between the two judgments concerning lawyer Robert-Mihaiță Rosu shows the weaknesses of the system, with serious consequences for the credibility of justice
• The Standing Committee supports any steps that the Bucharest Bar will take to actively protest, by any means, including by not participating in the court hearings of the panel that ordered the conviction of the lawyer for the advice and representation taken in the exercise of the profession
Building on the case of lawyer Robert-Mihaiță Rosu , convicted in the Băneasa case on 17 December 2020, UNBR brings back to the discussion of the professional body, the authorities and the public the problems concerning the prosecution and conviction of lawyers for the steps taken in representing and advising the client.
UNBR maintains its position since 2015 in the context of the indictment of lawyer Robert-Mihaiţă Rouge in connection with his professional activity. UNBR carefully monitors public information on all cases of violation by the authorities of the fundamental principles of the legal profession.
In the absence of a statement of reasons for the conviction of lawyer Robert-Mihaiţă Rosu, UNBR cannot yet make an assessment on the merits of this case. However, such a large discrepancy between the acquittal of lawyer Robert-Mihaiţă Rosu at the Brasov Court of Appeal and his sentence to 5 years imprisonment with execution at the BCCJ is unacceptable. This indicates a weakness of the system, with consequences for the credibility of justice, both among lawyers and the general public.
Where one of the courts has found that all the acts of the lawyer are part of the normal practice of the legal profession (drafting of contracts, notices, pleadings) and that there is no evidence that he has committed any act of claiming or receiving goods in exchange for promising to intervene with civil servants competent to order the return of the goods claimed by one of the defendants he represented , is unacceptable and goes beyond the comprehension of how, in the same case, the final judgment is radically different.
Therefore, UNBR will refer the matter to the Judicial Inspection and the Superior Council of Magistracy to carry out a thorough examination of the manner in which the evidence in the case was administered.
Depending on the full reasons for the conviction, we will not hesitate to resort to further protest actions to defend the principles of the profession and the guarantees of the right of defence.
Given that this case is likely to create serious concerns among lawyers about the risks of the lawyer’s legal liability for consulting and representation, these issues need to be clarified.
UNBR reaffirms the decision to fight for the defence of the principle that the lawyer cannot be subject to a criminal repression for claims and consultations based on the interpretation of the law and the facts, regardless of the correct or incorrect nature of the theses developed. In the absence of such a guarantee, the rights of the defence shall be intimidated and devoid of any substance by subjecting the lawyer to the threat of criminal liability by associating him with the facts imputed to the person he represents.
UNBR PERMANENT COMMISSION
Lawyer Robert Rosu was sentenced in the Baneasa Farm case to 5 years in prison for 4 offences: organized criminal group, influence peddling, complicity in money laundering and abuse of office. He was actively involved in the fraudulent scheme whereby Remus Truică and Paul of Romania seized the lands of the former royal farm at Baneasa and on the forest of Fundu Sacului in Snagov.
In this file, Remus Truica, former chief of staff of Prime Minister Adrian Nastase received 7 years of detention, and Paul of Romania – 3 years and 4 months. But the so-called Prince Paul fled the country and was put on a general prosecution by the police.
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