Romania’s top anti-corruption prosecutor says the decision to close a case investigating wrongdoing in the acquisition of 600 BMWs by the country’s interior ministry was correct, rejecting an attempt to see it reopened.
Prosecutor Marius Voineag said a legal complaint filed on Dec. 14 by Cristian Ghinea, a former minister of European funds who wanted the case reopened, was flawed and did not merit attention.
Ghinea, who is a member of the progressive Save Romania Union, disputed the legality of the 2022 acquisition of BMWs for the police as the distribution company is controlled by Michael Schmidt, a friend of President Klaus Iohannis, who is Ghinea’s political adversary.
However, prosecutors who spent more than a year investigating, formerly closed the case on Oct. 16, 2023.
By law, anyone can file a complaint against the closure of a case, but it has to be done within 20 days.
“The petitioner filed on 14.12.2023, and his action is late, exceeding the 20-day period stipulated in Art. 336 para. 4. “ Voineag said.
He concluded that Ghinea’s complaints were legally without merit and ordered him to pay 500 lei legal costs (about 100 euros).
He said the prosecutors’ inquiry did not show there were ‘solid grounds’ to indicate that “an illegality had been committed in the acquisition procedure which has been publicly investigated to make sure it took place respecting the specific legal requirements. ” In short, there was no proof of wrongdoing.
He also said it was “not enough to say that the deeds were an affront to consecrated social values.”
“The deed has to be of a certain gravity and intensity to justify criminal sanctions.” Voineag said.
“Prosecutors should only intervene as a last resort to protect social values,” he added. “They are guided by the principle ‘ultimo ratio’ of last resort.
In 2022, the Romanian Police signed a deal with Automobile Bavaria for 600 BMW cars. There were no allegations that the cars were sold at a higher than market price, but the European Public Prosecutor’s Office and the anti-corruption prosecutors’ office, the DNA, investigated the contract to make sure the acquisition met all legal requirements.
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