The Foundation For The Defense Of Citizens Against State Abuses (FACIAS) is calling on the Superior Council of Magistracy (SCM) to disbar prosecutor Maria Pițurcă, who abused the minor Sorina S., using force to take her from the home of the family of the childminder.
Dozens of people participated on 25 June 2019, in the protest "Justice for Sorina. Say NO to Abuse!", organized by FACIAS in front of the SCM headquarters, demanding immediate action against the abusive prosecutor.
The request to the SCM is based on Article 99 letter t) of Law 303/2004, on the exercise of the profession of prosecutor in bad faith and with disregard of procedural rules. Taking into account the seriousness and social danger of the act, as well as the major impact on the minor and public opinion, we consider the exclusion of the prosecutor Maria Pițurcă from the judiciary as a fair and proportionate sanction in this case.
We also request that, on the basis of Article 52 of Law 317/2004 on the Superior Council of Magistrates and the provisions of the Code of Ethics for Judges and Prosecutors, the SCM should ex officio order the suspension from office of Prosecutor Maria Pițurcă until the final resolution of the disciplinary investigation. Her continued performance of her duties would undermine the prestige of justice and the confidence of the public in the act of justice.
Since the actions of prosecutor Maria Pițurcă give rise to reasonable suspicions that the constituent elements of the offences of abuse of office and ill-treatment of minors are present, FACIAS has also asked the Section for the Investigation of Offences in the Judiciary (SIIJ) to carry out the necessary criminal investigations.
At this moment, the SCM and the SIIJ are the only state institutions which, through their role and their legal and constitutional powers, can preserve the credibility of the judicial process and maintain the confidence of the citizens. Abuses committed by prosecutors must be punished, otherwise there is a danger that some of them (as in the case of Maria Pițurcă) may consider themselves above the law.