Law Enforcement – Romania Anti Corruption Institutional Framework

Law Enforcement Institutions

Web: http://www.mai-dga.ro

Emailrelpub.dga@mai.gov.ro  / dga_interne@yahoo.com

Established: 2005

Structure: headed by a general director and two deputy general directors. The general direction has in the organizational structure the central apparatus and the territorial apparatus, composed of directorates, services, offices and specialized compartments.

Competencies: The General Directorate is the police structure of the Ministry of Internal Affairs that promotes integrity, honesty and professionalism in its activity, as a standard for its own personnel and also for all employees from the Ministry. Also, with regard to the Ministry’s personnel, has the power to take specific operative measures in order to prevent, provide information about/and to fight against corruption offences, connected to corruption or directly linked to corruption offences.

Appointment and removal: The General Anti-Corruption Directorate is headed by a General Director appointed by the Minister of Internal Affairs.

Budget: financed from the state budget

Web: https://www.pna.ro/

Emailanticoruptie@pna.ro

Established: 2002

Structure: DNA is headed by the Chief Prosecutor of the Directorate, assimilated to the First-deputy of the General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice, and two deputy chief prosecutors, assimilated to the Deputy of the General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice. The Chief Prosecutor can set up territorial services, services, offices and other compartments of activity. Within the National Anticorruption Directorate, prosecutors, judicial police officers, specialists in the economic, financial, banking, customs, IT and other fields, specialized auxiliary staff, as well as economic and administrative staff carry out their activity.

Competencies: DNA has the competence to investigate the corruption offences provided by the Law no. 78/2000 on preventing, discovering and sanctioning of corruption acts, subsequently amended and completed, and other serious offences as well, as provided by the Government Emergency Ordinance no. 43/2002 subsequently amended.

Appointment and removal: The Chef prosecutor of the Directorate is appointed by the President of Romania, upon the proposal of the minister of Justice, with the prior opinion of the Superior Council of Magistracy, for a three-year term, renewable once.

Budget: financed from the state budget through the budget of the Prosecutor’s Office attached to the High Court of Cassation and Justice.

Web: https://anabi.just.ro

Email: anabi@just.ro

Established: 2015

Structure: headed by a general director, (which can be a judge, prosecutor or legal staff assimilated to judges and prosecutors), and a deputy general director. The agency has its own administrative apparatus, organized in services and offices.

Competencies: The Agency is designated as the national Asset Recovery Office within the meaning of Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime. Also, the Agency is designated as the national Asset Management Office within the meaning of art. 10 of Directive 2014/42 / EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union.

By establishing ANABI, Romania proposes an integrated approach to asset recovery by combining the support for the criminal prosecution bodies with the attributes of international cooperation, management of seized assets and social reuse of confiscated assets.

ANABI`s mission is to ensure an increase of the execution rate of the confiscation orders issued in criminal matters, through an efficient management of seized assets that are distributed to the Agency by prosecutors and judges. As a consequence, the incomes brought to the state budget will increase, as well as the ones through which the victim compensation is ensured, including the compensation made to the state, in cases when the state was a civil party in the criminal trial.

Appointment: The Director General is appointed by the Order of the Minister of Justice and the Deputy Director General is appointed by the Order of the Minister of Justice at the proposal of the Minister of Public Finance.

Budget: The agency is fully financed from the state budget, through the budget of the Ministry of Justice.

Web: http://www.onpcsb.ro  

Email: onpcsb@onpcsb.ro

Established: 1999

Structure: The office is headed by a president, assimilated to a secretary of state position, and a vice-president, assimilate to an under-secretary of state position. Both are appointed by decision of the Government, for a four-year mandate, renewable once. The staff of the Office comprises specialized staff (financial analysts), specialized auxiliary staff (assistant analysts), as well as contractual staff with specific positions.

Competencies: The National Office for Prevention and Control of Money Laundering is the Romanian Financial Intelligence Unit (FIU), with competences on drafting, coordinating and implementing the national system on fighting against money laundering and terrorism financing.

Budget: financed from the state budget