Material competence of the national directorate for investigating organized crime and terrorism

• Author: Bogdan Micu
• Position: Law Faculty, Criminal Sciences Department 'Nicolae Titulescu' University, Bucharest, Romania
• Pages: 50-55

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2015), pp. 50-55

50

MATERIAL COMPETENCE OF THE NATIONAL DIRECTORATE

FOR INVESTIGATING ORGANIZED CRIME AND TERRORISM

B. Micu

Bogdan Micu

Law Faculty, Criminal Sciences Department

“Nicolae Titulescu” University, Bucharest, Romania, Calea Văcăreşti, no. 185

e-mail: Bogdan.micu@mnpartners.ro

Abstract:

In Romania, nowadays, there is a general effort to prevent, but also to combat the most

important categories of crimes, those which have the aptitude to affect public order and social

peace. It is about violent crimes relied to organized criminality and to organized crime itself.

In order to succeed in this effort, there were created specialized judicial authorities, with

competences in prosecuting these cases, as National Directorate for Investigating Organized

Crime and Terrorism or National Anticorruption Directorate. Being concerned not to omit

some crimes in these special competences, sometimes, can be observed positive conflict of

competences between the special judicial authorities. This study observes some particular

situation and indicates the adequate solution for each of them.

Key words: National Directorate for Investigating Organized Crime and Terrorism;

National Anticorruption Directorate; prosecution competence; positive conflict of

competence.

Introduction

In accordance with provisions of art. 1, para. (1) of Law no. 508/2004

1

, the Directorate

for Investigating Organized Crime and Terrorism (hereinafter referred to as DIOCT), operates

as a structure specialized in countering organized crime and terrorism, within the Public

Prosecution Office of the High Court of Cassation and Justice.

This structure’s authority is to perform criminal prosecution in particular cases.

Crimes that determine this authority are indicated under art. 12 of Law no. 508/2004 and the

indicated text specifies that the authority is “regardless of the person’s position/quality”,

meaning an authority determined only by the nature of the crime

2

. Please find below an

analysis of the crimes specified by law.

1. The material competence of DIOCT

a) Crimes those are included in the scope of an organized criminal group

1

Law on the establishment, organisation and operation within the Public Ministry of the

Directorate for Investigating Organised Crime and Terrorism, published in the Official

Journal of Romania, Part I, no. 1089 dated 23 November 2004, as amended and

supplemented.

2

I. Neagu, M. Damaschin, Tratat de procedură p enală, Partea generală, Universul Juridic PH, Bucureşti, 2014, p.

338.