1

PROSECUTOR’S OFFICE ATTACHED TO THE HIGH COURT OF CASSATION AND JUSTICE

MRS. ATTORNEY GENERAL, The undersigned, SOCIAL LIBERAL UNION (hereinafter referred to as USL), a political alliance made of the Social Democrat Party (PSD) and the Centre Right Alliance National Liberal Party – Conservatory Party, the latter made of the National Liberal Party and the Conservatory Party, based in Bucharest, 57 Kiseleff St., District 1, by Mr. Daniel Chitoiu, as Co-President, pursuant to art. 223 CPP, puts forward this Criminal Complaint against the following persons:
1. Basescu Traian, President of Romania, suspended from office on 06.07.2012, on the following

charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information. 2. Boureanu Cristian, vice-president of the Liberal Democrat Party (hereinafter referred to as PDL), deputy in the Parliament of Romania, on the following charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information. 3. Preda Cezar Florin, vice-president of PDL, deputy in the Parliament of Romania, on the following charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information. 4. Preda Cristian, PDL member, MEP, on the following charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information. 5. Boc Emil, PDL member, former Prime Minister of Romania, former President of PDL, Mayor of the Municipality of Cluj, on the following charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information. 6. Blaga Vasile, President of PDL, former President of the Senate, Senator in the Parliament of Romania, on the following charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information. 7. Macovei Monica Luisa, PDL member, former minister of justice in the period 2004-2007, MEP, on the following charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information. 8. Turcan Raluca, vice-president of PDL, deputy in the Parliament of Romania, on the following charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information. 9. Nicusor Paduraru, PDL member, deputy in the Parliament of Romania, on the following charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information. 10. Oltean Ioan, PDL member, deputy in the Parliament of Romania, on the following charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information.

2 11. Paul (former Vass) Andreea, Vice-President of PDL, on the following charges: art. 165 CP –

Undermining national economy, art. 1681 CP – Communicating false information. 12. Boagiu Anca, Vice-President of PDL, deputy in the Parliament of Romania, on the following charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information. 13. Voinescu Cotoi Sever, Vice-President of PDL, deputy in the Parliament of Romania, on the following charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information. 14. Lazaroiu Sebastian, former presidential counselor of President Traian Basescu, on the following charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information. 15. Ungureanu Mihai Razvan, former Prime Minister of Romania in the period February 9th-April 12th, founding member of the Non-Governmental Organization (hereinafter referred to as NGO) Centre Right Civic Initiative, on the following charges: art. 165 CP – Undermining national economy, art. 1681 CP – Communicating false information. for the following REASONS: Facts This year between July 2nd and July 6th a series of procedures were undertaken in the Parliament of Romania, by which, in accordance with the Fundamental Law and the applicable laws, the President of Romania, Traian Basescu, was suspended from office. All the undertakings in the Parliament of Romania to suspend the President complied with the Constitution of Romania, which, at art. 95, regulates the impeachment as follows: “(1) In case of having committed grave acts infringing upon constitutional provisions, the President of Romania may be suspended from office by the Chamber of Deputies and the Senate, in joint sitting, by a majority vote of Deputies and Senators, and after consultation with the Constitutional Court. The President may explain before Parliament with regard to imputations brought against him. (2) The proposal of suspension from office may be initiated by at least one third of the number of Deputies and Senators, and the President shall be immediately notified thereof. (3) If the proposal of suspension from office has been approved, a referendum shall be held within 30 days, in order to remove the President from office.” As regards the undertakings prior to the suspension, namely: removing the Presidents of the Chamber of Deputies and of the Senate, the revocation from office of the People’s Ombudsman, the amendment of the Law on the organization and functioning of the Constitutional Court, emphasis must be placed on the fact that they also complied with the Constitution of Romania, as ruled also by the Constitutional Court following the notifications put forward.

3

Despite the obvious legitimacy of the undertakings, the major political figures aforementioned understood to publicly express their opinions in such a way that they reflected on the social relations regarding the fundamental attributes of the Romanian State, by causing unprecedented economic instability and by impairing Romania’s accession to Schengen Area, as we will further show. Offence of undermining national economy This offence is set out in the Romanian Criminal Code, in Title I, art. 165 and its legal object is the social relations regarding the state security, a value which can be endangered by undermining national economy. As regards the behavior covered by this offence, it comprises two alternative means: the use of an entity referred to in art. 145 CP (translator’s note – a public entity, that is) or hindering its normal activity. In the present case, the persons referred to in the introduction of this criminal complaint, have impaired the activity of the Public Authorities of the Romanian State, taking into account that they undertook an intimidation campaign against the members of the Parliament of Romania, the Government of Romania, as well as the members of other institutions of public interest, such as the Constitutional Court, the People’s Ombudsman or the Presidential Administration. The entire activity conducted by the Public Authorities was affected by the fact that the aforementioned created and supported the thesis according to which the constitutional undertaking for suspending the President and the preceding activities on 02.07-06.07 2012 is in fact a coup d’état. The statements of these politicians were quoted by the international media, as well as officials of the European Union who then expressed their disagreement with the alleged infringement upon the rule of law and democracy (annex 1). The entire unfavorable situation created externally by the aforementioned and the negative propaganda made to the Romanian State by the offenders have pressured the Romanian public authorities and seriously affected their state administration activity in general. Following this dangerous misinformation campaign, the national economy was seriously affected: a. The Romanian currency depreciated in relation to the European currency, reaching the historical peak of 4.5495 lei for 1 euro (annex 2); b. Important figures in the leadership of the European Union said the political situation in Romania could impact the accession to Schengen Area and full integration in the EU (annex 3); c. The trust of the foreign investors in Romania decreased (annex 4) The essential requirement attached to the behavior sanctioned by this offence is for the deed to be capable to undermine the national economy. It is noted that, in this case, the danger for the national economy and, consequently, state security, has already been created by destabilizing the national economy, reflected in the increase of RON/EURO exchange rate amongst others.

4

In concrete terms, the public statements which hindered the activity of the Romanian public authorities by intimidation and subjecting them to international pressure and resulted in the creation of a state of danger for the national economy are as follows: 1. Traian Basescu: • 03.07.2012 – “I ask USL, UNPR and UDMR leaders to cease the actions against the state institutions. (…) They have put the Romanian State and the 22 million inhabitants in an extremely difficult situation, which, according to me, is similar to the one generated by the miner’s violent intervention in 1990.” (annex 5). • 05.07.2012: “the objectives of the suspension are to place the state institutions, especially justice, under the control of PSD and PNL.” (annex 6). 2. Cristian Boureanu: • 11.07.2012: “USL’s coup d’état continues. USL ignores the final and generally mandatory decision of CC (…). USL refuses to apply the decision of the Constitutional Court and harmonize the emergency ordinance with this CCR decision.” (annex 7). 3. Cezar Preda: • 03.07.2012: “Victor Ponta and Crin Antonescu initiated the Jihad against democratic Romania. After the requests for revocation from office of the People’s Ombudsman, the judges of the Constitutional Court, the presidents of the Senate and of the Chamber of Deputies, the next step is the requests for revocation of HCCJ judges, revocation of the mandates of the opposition MPs and then the liquidation of the intellectuals and free press.” (annex 8). • 10.07.2012: “The Constitutional Court confirmed on Monday the coup d’état attempt through the attack against institutions directed and enacted by USL” (annex 9). 4. Cristian Preda: • 03.07.2012: “USL wants total control of the political stage before the elections. The scrutiny would confirm – just like in communism – an arrangement of the party which swallowed up the state. (…) the society is facing again the totalitarian temptation.” (annex 10). • 10.07.2012: “Calling forth an emergency ordinance with the same content which would annul the CCR decision is, at present, a source of anarchy.” (annex 11). 5. Emil Boc: • 04.07.2012: “USL’s actions on Tuesday is a barbarian and unique attack against democracy by the fact it seeks to suppress the functioning of certain institutions and turning others into toys (…). The goal is to achieve, at any cost, the total control over the nominations for the future offices as General Prosecutor and Head Prosecutor of DNA.” (annex 12) • 09.07.2012: “the procedures initiated by USL on the suspension from office of President Traian Basescu is a deliberate execution of the rule of law and denotes a Stalinist character condemned by the EU leaders.” (annex 13). 6. Vasile Blaga:

5 •

06.07.2012: upon taking the floor in the plenary of the Parliament, he appealed to the UNPR, UDMR MPs and the national minorities to “not help overturning democracy”. (annex 14).

7. Monica Macovei: • 03.07.2012: “People, wake up! We are in the middle of a coup d’état. Ponta and USL completely disregard the Constitution, law and democratic institutions. We are living wrathful days which erase 22 years of democratic construction. Ponta and USL are now organizing a coup d’état, they have replaced the laws with their own oppressive whims”. (annex 15). • 04.07.2012: on her blog, www.monica-macovei.ro, she published a political statement called “The coup d’état continues: CCR powers currently reduced” (annex 16) • 06.07.2012: Monica Macovei declared for Hotnews that she would notify the European Parliament about the political situation in Romania. Macovei called forth article 7 of the European Union Treaty, which sets out that the rights of a member state can be suspended, including the voting right in the Council, when the law and democracy are found to be violated. 8. Raluca Turcan: • 03.07.2012: “Ponta-Antonescu actions continue the anti-democratic political line on Ceaucescu-Iliescu-Nastase axis. (…) USL leaders have launched a true political lynching against the state institutions”. (annex 17). 9. Nicusor Paduraru: • 11.07.2012: he publishes on his blog, www.nicusorpaduraru.ro, an article called “It is obviously a coup d’état” (annex 18). 10. Ioan Oltean: • 03.07.2012: “July 3rd, 2012, the day when democracy died in Romania. It will be referred to in history just like March 6th 1945. We are today witnessing a true coup d’état. (…) The public institutions fell today, TVR was neutralized, the public radio was neutralized, the People’s Ombudsman is about to be neutralized, the Romanian Senate was neutralized, the Chamber of Deputies is next”. (annex 19). 11. Andreea Paul: • 03.07.2012: “this latter plan of USL oscillates between false pretences, stupidity and coup d’état. (…) PDL appeals to uniting all the civic and competent forces to stop this undertaking which affects the rule of law on the long term (…).” (annex 20). 12. Anca Boagiu: • 04.07.2012: on her personal blog, www.ancaboagiu.ro, she published an audio-video recording of a TV show she attended, and the name of the post is: “Democracy in Romania disappeared due to the USL “Mineriad”.” (annex 21) 13. Sever Voinescu • 03.07.2012: on his Facebook page he posts the following statement: “Good morning Romania! It’s March 6th, 1945”. (annex 22).

6

13.07.2012: “USL induces fear among the state institutions, among the population, among the central administration, in order to achieve its purpose. (…) USL wants to destroy absolutely everything in order to control the state, the justice”.

14. Sebastian Lazaroiu: • 10.07.2012: interview given to Evenimentul Zilei newspaper “CCR’s decision made yesterday clearly indicates the COUP D’ETAT of last week.” (annex 23). 15. Mihai Razvan Ungureanu: • 03.07.2012: “what happens today is clearly a coup d’état masked under the appearance of democratic procedures. (…) we observe the determination to violate and swallow up the state institutions.” (annex 24) • 09.07.2012: “The unimaginable abuses of the power found by the chancellors of the partner and friend states will shortly lead to Romania’s isolation internationally. Their arrogant disregard, their minimization is clear evidence of the fact that power blinds: it does not see or does not take into account the disastrous consequences this defying attitude draws upon all the citizens of Romania”. (annex 25). • 11.07.2012: “justice is fearsome, it is put under enormous pressures, and what happens today is one of the reasons why we should be worried. The interim President of the country, Crin Antonescu, must make a clear standpoint on how justice is treated (…) on how it is aggressed, on the fact that the prosecutors and judges are made extremely harsh threats on how they treat the cases they are in charge of. (…) under the circumstances of the anarchy installed, there are no chances of prosperity anymore.” (annex 26) • 12.07.2012: “the rule of law is dramatically suffering in these moments”. (annex 27) • 13.07.2012: “The coup d’état term is not harsh, it is what happens. (…) We are talking about a different game where the Romanian citizens’ interests do not prevail, it is a tack of personal interests, mob interests, we can talk about this situation in clear words.” (annex 28). These statements were made public using the following means: through press releases made by PDL’s Press Office and quoted by the whole internal and international media, through speeches during public meetings, through interviews with various publications, through personal blogs or networking websites. What should be emphasized is the fact that the information was sent from one publication to another, managing to infest the entire written press in Romania. Moreover, this false information was quoted also by the international press agencies, reaching the European institutions. Concluding over the behavior sanctioned by the offence of undermining national economy, the requirements are fulfilled for the second option provided for by art. 165 CP. Thus, the political statements quoted above have hindered the activity of the Romanian public authorities, as they were subject to pressures from the European Union institutions and created a state of political and economic instability. This impact on the activity of the Romanian public institutions has led to the destabilization of the national economy, reflected in the increase of the RON/EUR exchange rate, the difficulties in Romania’s accession to Schengen Area and the lost of the investor’s trust in Romania.

7

In this regard, it is vital the statement made by Monica Macovei, who expressly requested that Romania is suspended the voting right in the European Council, pursuant to art. 7 of the European Union Treaty. The causality connection between the behavior sanctioned and the immediate consequence results ex re, taking into account this offence for the existence of which a certain result must be achieved. Also in this regard, vital are the provisions of the Constitution regarding the right to free expression, according to which “Any defamation of the country and the nation, any instigation to a war of aggression, to national, racial, class or religious hatred, any incitement to discrimination, territorial separatism, or public violence, as well as any obscene conduct contrary to morality shall be prohibited by law.” (article 30, par. 7). Thus, the fundamental law of the state condemns all defamations of the country and of the nation, made by any means of expression as such so as to influence the internal or external public opinion. Offence of communicating false information The legal object of this offence is the social relations regarding the protection that state security should benefit from. As regards the behavior falling under the objective aspect, it consists of communicating or spreading false news, information or data. As shown in the presentation of the objective aspect of the offence of undermining national economy, the public statements made by the 15 offenders include false information. This is revealed by the fact that the undertakings for impeaching the President were made in compliance with the applicable laws and the Constitution of Romania. The definition of coup d’état notion, as found in DEX, is the following: a sudden and unconstitutional overthrow of the legitimate power of a state, imposed by surprise by a minority, usually military, using force. Or, the procedures undertaken with a view to suspend the President of Romania, an impeachment for which was given a favorable opinion from the Constitutional Court, were made publicly, peacefully, constitutionally and legally. The referendum implies the will of the people and has no connection with a coup d’état. Thus, this entire press campaign created by the PDL members is based on false information, not compliant with the truth. As regards the immediate result, it is noted that the false information spread in the internal and international press generated a negative propaganda to Romania and endangered the national economy and state security. Moreover, the abovementioned statements had repercussions on Romania’s accession to Schengen Area and damaged its position internationally.

8

Furthermore, it should be noted the fact that, in the context of perfectly constitutional changes on the political stage, the only way for the European institutions to be alarmed regarding the fact that the events in Romania would go against the rule of law is the information of the 15 offenders who presented the state of things in bad faith and falsely. As the national and European press took over these statements (regarding, among others, a coup d’état or a mineriad), the false information reached the European officials who took measures, sending strong messages to Romania. In this regard, the statements made by Jose Barrosso, the President of the European Commission, who said “we are deeply worried about the situation in Romania”. The official position of the European Commission communicated in a press release was: “The European Commission is concerned about the current evolutions in Romania, especially regarding the actions which seem to reduce the actual powers of independent institutions, such as the Constitutional Court. The rule of law, the democratic control and the independency of the legal system are the headstones of European democracy and indispensable for mutual trust within the EU. The governmental politics and the political action must observe these principles and values”. Other official reactions at EU level: First official reaction of the German Chancellery: “We have serious doubts about the legitimacy of the measures taken by Ponta Government”. “We will take this into account when we assess Romania’s accession to Schengen”. “As you know, Ponta Government undertook legislative amendments on the functioning of the Constitutional Court. This is an undertaking that greatly concerns the federal government”, said Steffen Selbert, spokesperson of the German Government. “Our conviction is that the Constitutional Court’s independency and capacity to act must not be questioned”, added Selbert, emphasizing the need to keep the balance of powers, as well as their independency. “Frankly speaking, the federal Government has serious doubts about the legitimacy of the measures taken by Ponta Government”, the German official concluded. “The current evolutions will be taken into account within the cooperation mechanism with the EU (MCV)” and in the assessment regarding Romania’s “full accession” to Schengen Area, further warned Selbert. “We will thoroughly discuss these topics with our European partners”, he added. Hannes Swoboda, the leader of the Socialists and Democrats Group within the European Parliament, said, in a press release, that the events in Romania must be carefully monitored. “We must carefully monitor the situation in Romania and act if the EU legislation is violated. As SocialDemocrat Group, we have a very clear position: There is only one question for us – whether the EU laws and values are violated”, Swoboda said, adding: “If we find violations of the EU legislation, we will be the first to speak up”. In the case, the fact is noted that the two offences the 15 persons nominated in the introductory part are guilty of are achieved through the same actions: launch of public statements containing false information, news, meant to misinform the public internally and externally. As a consequence, the two concurrent offences, undermining national economy and communicating false information.

9

In conclusion, we ask for criminal proceedings to be immediately started against the offenders on the mentioned charges. Thanking you, SOCIAL LIBERAL UNION Through its members, as listed in the enclosed table

10

11

Parliament of Romania Chamber of Deputies Parliamentary Group of the Social Democrat Party

12