OBLIGATIVITATEA PARTICIPÃRII PROCURORULUI ÎN UNELE DINTRE LITIGIILE IZVORÂTE DIN APLICAREA LEGII NR. 221/2009

By Law no. 221/2009 on political convictions and the administrative measures related to them, pronounced during 6 March 1945 – 22 December 1989. This law provides for two categories of political convictions (during the mentioned period), namely two categories of administrative measures of a political nature, namely: the first category (by right), when the political nature of the criminal conviction (administrative measures) results from certain legal texts, explicitly indicated by Law no. 221/2009; the second category, when the political nature of the criminal conviction (administrative measures) can be established – at the request of the interested party –, at present, by the civil court. At the same time, either in the case of the first category, or in the case of the second category, the person in question, the husband/wife or the descendants (up to the 2nd degree) may request ordering the Romanian State to pay moral damages. According to the texts of Law no. 221/2009, the prosecutor’s participation is mandatory only in case the establishment by the civil court of the political nature of the criminal conviction or of the administrative measure is previously discussed.