Considerations Regarding the Validity of the Prosecutor's Procedural Documents Appropriated through the Application of a Stamp Containing his Signature

AuthorSandra Gradinaru
PositionAssociate Professor, PhD, Alexandru Ioan Cuza University of Iasi, Romania
Pages92-96
European Integration - Realities and Perspectives. Proceedings 2020
92
Considerations Regarding the Validity of the Prosecutor’s Procedural
Documents appropriated through the Application of a Stamp Containing
his Signature
Sandra Gradinaru1
Abstract: The absence of the prosecutor when his participation is compulsory is sanctioned with the
absolute nullity of all the procedural acts conducted without his involvement. In a criminal case where the
ex officio notification report, the prosecutor's ordinances for the beginning of the criminal investigaton, of
extending the criminal investigation do not contain the prosecutor's holograph signature, the court cannot
verify i f these procedural acts were truly issued by the prosecutor mentioned in them. The holograph
signature applied by the prosecutor on the original procedural acts is the only method of guaranteeing that
the procedure and content of these acts were assumed by the public attorney. The application of a stamp
that reproduces the prosecutor’s signature is an indirect and mechanical method of signing that brings the
absolute nullity of the procedural act brought by the public attorney’s absence in the supposed issuing of
the document. This indirect method of “signing” does not allow to ascertain that the prosecutor has signed
the procedural act, because a stamp can be applied by anyone.
Keywords: prosecutor; holograph signature; public attorney’s ordinances; mechanically applied
impression
The Premise
In a case pending on Iasi Tribunal2 that is in the preliminary chamber the defence noticed that all the
procedural documents issued by the public attorney (original samples) were signed through the
application of a stamp containing the prosecutor’s signature. All of the signatures were identic, this
being the reason why the defence requested that the judge nullifies these procedural acts based on the
fact that the absence of the prosecutor’s holograph signature leads to the fact that he did not participate
in any way in their issuing.
The preliminary chamber judge has the authority to analyze the legality of the issuing of prosecution
documents and to expunge the evidence obtained through illegal means.
The application of a stamp that contains the public attorney’s signature on the prosecution documents
like the ex officio notice, the ordinance of starting the prosecution, the ordinance of extending the
1 Associate Professor, PhD, Alexandru Ioan Cuza University o f Iasi, Romania, Address: Blvd. Carol I, no. 22, Iasi, Romania,
Corresponding author: sandra.gradinaru@yahoo.com.
2 Iasi Tribunal, Case no. 3813/99/2018/a1, Preliminary Chamber.

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