Romanian Loteria I Tax Evasion Case Files Sent To Constitutional Court

The Romanian Supreme Court allowed the request for the suspension of the case Loteria I, where businessman George Copos is on trial for tax evasion, and sent the case to the Constitutional Court, as lawyers raised an exception on jurisdiction should the defendant change status.

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The Supreme Court ruled on the exception of unconstitutionality raised by lawyers within the written conclusions regarding the case’s transfer to the Bucharest District 2 Court.

Thus, the decision regarding the case’s transfer could not be reached because the court needs to address the unconstitutionality exception raised.

When arguing the unconstitutionality claim, Copos’ lawyer said the article going against constitutional provisions is article 40 of the Criminal Procedure Code, the one addressing jurisdiction if the defendant changes status.

The lawyer criticized letters a) and b) of said article, according to which the court remains able to try the case even if the defendant, after committing the crime, loses a certain status, in the cases where the deed is connected to the perpetrator’s service duties or when a decision has been rendered in the first stance.

According to the lawyer, these provisions go against local and European provisions.

On the January 29 term, the anticorruption prosecutor asked the Supreme Court to send the "Loteria I" case file to the Bucharest District 2 Court.

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