Prosecutor’s Office Seeks Copies of Investigation Reports for Economic Crimes

In an effort to strengthen its efforts to combat economic crimes, the prosecutor’s office has been instructed to request copies of investigation reports and procedures conducted by judicial police concerning economic crimes mentioned in Article 211bis 02.

Requesting Case Files

According to Article 37 of the Code of Criminal Procedure, prosecutors of ordinary courts are required to request these documents from the judicial police. The Attorney General of the pole is then responsible for requesting the case file after obtaining the opinion of the prosecutor, who must be consulted in such cases if they believe the crime falls under their competence.

Delegation of Powers

In a notable exception to the principle of hierarchical powers of the prosecution concerning administration and supervision, the deputy prosecutor of this jurisdiction has been granted the power to exercise the prerogatives of the Attorney General in the field of economic offenses, as per Article 211bis 04. This means that the deputy prosecutor can request the case file at any stage, whether during preliminary investigations or judicial investigation.

Transfer of Case Files

The transfer of the case file is made through administrative correspondence from the territorial prosecutor to the prosecutor of the pole if it is at the level of the prosecutor’s office during the stage of preliminary investigations. However, if the case file is at the stage of judicial investigation, the transfer is made upon an order of withdrawal issued by the investigating judge in favor of the investigating judge of the penal economic and financial pole, following a request from the prosecutor of the competent national economic and financial pole concerning procedures related to crimes falling under their jurisdiction.

Privilege of Specialized Poles

The privilege of the penal economic and financial pole for economic crimes mentioned in Article 211bis 02 extends even to specialized penal poles with extended jurisdiction at any stage, whether it be the stage of preliminary investigation or judicial investigation, if requested by the prosecutor of the economic and financial pole in accordance with the procedures established in Articles 211bis 09 and 211bis 10.

Competence in Cases of Concurrence

In cases where there is concurrence in the request for case files concerning crimes mentioned in Articles 211bis 01 and 211bis 03 between the penal economic and financial pole and specialized regional penal poles with extended jurisdiction, the penal economic and financial pole must be competent as it has national jurisdiction. This also applies in cases of concurrence of the case file between this pole and the specialized judicial pole for electronic crimes, as per Article 211bis 28 of Ordinance No. 21/11 amending and complementing the Code of Criminal Procedure.

Legal Effects

When competence is established for the economic and financial pole specialized in economic crimes mentioned in Articles 211bis 02 and 211bis 03, it leads to several legal effects, including sending the case file with all its pieces of evidence to the prosecutor of the penal economic and financial pole. The prosecutor and the investigating judge of the pole then exercise the authority to manage and supervise the activities of the judicial police concerning the procedures already performed, ongoing, or to come.

Judicial Police Instructions

The judicial police officers, regardless of the location of the court under their jurisdiction, receive instructions and judicial delegations from the prosecutor and the investigating judge of the penal economic and financial pole.