BREAKING Vlad Pascu’s trial will be continued with the same judge / The Superior Council of the Magistracy rejected the suspension of Ancueta Popoviciu

The Superior Council of the Magistracy rejected, on Wednesday, the proposal of the Judicial Inspection to suspend from office the judge Ancuța Popoviciu, who judges the trial of Vlad Pascu.

“Rejects the proposal made by the Judicial Inspection regarding the suspension from office of Mrs. Popoviciu Ioana Ancuța – judge in the Mangalia Court, as unfounded. No appeal”, is the decision of the CSM.

The judge was heard, on Wednesday, for two hours at the Section for judges of the Superior Council of Magistracy, and when she came out she sat for more than a minute in front of the reporters who bombarded her with questions, without answering any of them. Video here.

CSM press release:

Considering the public interest shown, the Section for judges in disciplinary matters empowers the Office of Public Information and Mass Media Relations to bring the following to public knowledge:

By the decision of the Section for judges in disciplinary matters no. 8J of April 24, 2024, the proposal of the Judicial Inspection to suspend Mrs. Popoviciu Ioana Ancuța, judge in the Mangalia Court, was unanimously rejected as unfounded.

In essence, in order to pronounce this solution, the Section for judges in disciplinary matters held that the suspension of a judge can only be ordered under the conditions strictly provided by the provisions of art. 52 of Law no. 305/2022 regarding the Superior Council of the Magistracy.

Thus, the mentioned legal text expressly provides for two situations that may attract this measure, respectively:

1. if the continued exercise of the position could affect the impartial conduct of disciplinary procedures;

or

2. if the disciplinary procedure is likely to seriously damage the prestige of justice.

Analyzing the reasons cited by the Judicial Inspection in formulating the proposal for suspension from office, the Section noted that, in the present case, no elements of the nature that can be circumscribed to the cases regulated by the text of the law were identified.

With reference to the first case that allows the measure of suspension, the Section held that the continued exercise of the position by Judge Popoviciu Ioana Ancuța is not likely to affect the impartiality of the disciplinary procedure towards her.

Thus, the aspects presented in the public space were aimed at criticism of the manner in which the judge conducted the judicial investigation in a criminal case, for which there are other procedural remedies. Also, the aspects regarding the violation of the rules of criminal procedure can also be invoked through the formulation of legal appeals and can be relevant for establishing the guilt of the judge in the case of exercising a disciplinary action.

With reference to the second case that allows the measure of suspension, the Section held that the disciplinary procedure, by itself, is not likely to affect the prestige of justice, its role being, on the contrary, that of sanctioning non-compliant conduct precisely for the purpose to contribute to ensuring the prestige of justice.

The section also noted the fact that up to this point no disciplinary action has been taken against Judge Popoviciu Ioana Ancuța, although the president of the Superior Council of the Magistracy ordered, as early as 23.02.2024, the notification of the Judicial Inspection to carry out legal checks regarding to the issues revealed in the press on February 22 and 23, 2024.

The rejection of the suspension proposal does not affect the further development of the disciplinary procedure against the concerned judge, being within the competence of the Judicial Inspection the legal prerogative to exercise the disciplinary action if it considers that the legal conditions are met.

Context. A new term in the case in which Vlad Pascu, the author of the May 2 accident, in which two young people lost their lives, is being tried, is scheduled for May 9 at the Mangalia Court.

The Judicial Inspection had requested the Superior Council of the Magistracy to suspend her from office until the completion of the disciplinary procedures. The judicial inspectors assessed that the continued exercise of the function by the judge could affect the impartial conduct of the disciplinary procedures and would be likely to seriously damage the prestige of the judiciary.

The lawyers of the families of the victims of the May 2 accident requested a few weeks ago the recusal of judge Ioana Ancuța Popovociu, and their request was rejected. Also, the prosecutors of the Prosecutor’s Office attached to the Mangalia Court requested the Constanţa Court of Appeal to relocate the file, but this request was also rejected.

On August 19, 2023, Vlad Pascu drove a car on DN 39, and around 5:25 a.m., near May 2, he entered a group of pedestrians. As a result of the impact, two young people lost their lives and three others were injured.

Vlad Pascu fled the scene of the accident and was later found by the police in Vama Veche. The investigators determined that he was under the influence of several prohibited substances, including cocaine, amphetamine and methamphetamine.

Vlad Pascu was sent to court, in October, for culpable homicide, culpable bodily injury, leaving the scene of the accident and driving a vehicle under the influence of psychoactive substances.

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