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

• Author: Sandra Gradinaru
• Position: Associate Professor, PhD, Alexandru Ioan Cuza University of Iasi, Romania
• Pages: 92-96

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.