Unele aspecte de lege ferenda în legătură cu statutul procurorilor și cu formarea profesională a acestora

Abstract: The material approaches two issues:

– the amendments to the Law no. 303/2004, upon the statute of the judges and the prosecutors;

– the training of prosecutors.

Concerning the proposed amendments to the Law no. 303/2004, upon the statute of the judges, one can specify that:

– the regulation of both professions within the judiciary, the judge and the prosecutor, should remain the same;

– the access of the prosecutors to become judges at the High Court of Cassation and Justice should continue in future;

– the delegation and the secondment of the magistrates should have a total maximum duration during the whole employment time;

– the admission into the magistracy should be made only on a competitive basis.

The decentralized continuous training of the prosecutors should take the shape of six activities each year: four debates and two seminars.

Four debates are needed, whose frequency is quarterly. Their themes should have three components:

– the presentation of the mandatory High Court of Cassation and Justice case-law, in criminal and procedural criminal matters, for the quarter in which the debate takes place;

– the presentation of the Constitutional Court’s case-law, in criminal and procedural criminal matters, for the quarter in which the debate takes place;

– discussions upon issues of criminal law and criminal procedure law that resulted or may cause uneven case-law and upon some other issues of criminal law and criminal procedure law, explicitly requested by the prosecutors to be discussed.

Two seminars are needed, whose frequency is half-yearly. Their themes:

– will be identified by the prosecutor in charge with the decentralized continuous training, after observing the case-law of the courts;

– will be chosen so that they respond to the real training needs, in order to correct any errors and thus to improve the prosecutors’ case-law.