The Prosecutor General's Office "came to its senses": Călin Georgescu, under judicial control

In an unsurprising turn of events, Călin Georgescu, who for over four months has been posing as the great "savior of Romania" and defender of national values, was detained yesterday by police officers while in traffic and taken to the Prosecutor General's Office to be questioned in a case in which he is accused of committing several criminal acts.

Călin Georgescu entered into a stunning dialogue with the law enforcement officer, whom he asked if he was sure of what he was going to do, seeming to want to undermine his authority. The police officer told him that he was sure, that he had studied, at which point Georgescu asked him to look into his eyes and tell him if he was sure that he had studied. The police officer reaffirmed that he had studied. On the one hand, through his question, Călin Georgescu tried to induce insecurity in the policeman, but, on the other hand, Călin Georgescu stated, last year, that the school is "just a prison for training", which "transforms the child into a laborer. What did Georgescu actually want to ask the lawman? Basically, Călin Georgescu gets confused between his own thoughts, in the desire to induce insecurity in the policeman in what he is doing.

The hearing to which Georgescu was subjected by the prosecutors of the General Prosecutor's Office lasted five hours, during which his supporters protested in front of the public institution building, demanding his release and threatening a new revolution. However, to the surprise of his fans, although he entered the Prosecutor General's Office as a suspect, Călin Georgescu emerged as a defendant for committing six criminal acts. According to the press release issued by the Public Ministry, the prosecutor in charge ordered the initiation of criminal proceedings against Călin Georgescu for the following crimes:

- incitement to actions against the constitutional order, in attempted form, provided for by art.47 of the Criminal Code in relation to art.32 of the Criminal Code in relation to art.397 paragraph 2 of the Criminal Code.

- communication of false information, provided for by art.404 of the Criminal Code.

- false statements in continued form, provided for by art.326 paragraph 1 Penal Code with the application of art.35 paragraph 1 Penal Code (regarding sources of financing of the electoral campaign and asset declarations)

- initiating or establishing an organization with a fascist, racist or xenophobic character, joining or supporting, in any form, such a group, provided for by art. 3 paragraph 1 of O.U.G. 31/2002

- promoting, in public, the cult of persons guilty of committing crimes of genocide against humanity and war crimes, as well as the act of promoting, in public, fascist, legionary, racist or xenophobic ideas, conceptions or doctrines, provided for by art. 5 of O.U.G. 31/2002

- initiating or establishing an organization with an anti-Semitic character, joining or supporting, in any form, such an organization, provided for by art. 6 paragraph 1 of Law 157/2018.

According to judicial sources, Călin Georgescu has been placed under judicial control for 60 days.

• AUR and POT leaders irritated by Georgescu's detention

It is certain that the detention of Călin Georgescu and his hearing at the Prosecutor General's Office triggered a series of vehement reactions from groups such as AUR and POT, but also from Elon Musk, who stated that Georgescu was arrested and that everything was a mess. Elon Musk did not know if Georgescu was arrested, but he invented it. He also did not know whether the accusations were well-founded, but he qualified the action as an aberration. All this shows that Musk has no connection with truth and fairness.

Călin Georgescu's communications team quickly offered a reaction, accusing a political attack aimed at hindering his candidacy in the upcoming elections. The statement from Georgescu's communications team suggests that the timing of the detention was strategically chosen, as the politician was preparing to officially announce a new candidacy for the Presidency of Romania.

"Călin Georgescu was going to file his new candidacy for the Presidency. About 30 minutes ago, the system stopped him in traffic and he was pulled over for questioning at the Prosecutor General's Office! Where is democracy, where are the partners who must defend democracy?", reads a post by Călin Georgescu's communications team.

This reaction relies on the theory of political persecution, a narrative already present in the discourse of his supporters and affiliated parties.

The Alliance for the Unification of Romanians (AUR) party had a prompt and virulent reaction. George Simion categorized Georgescu's detention as an "abuse of the totalitarian state" and demanded immediate explanations from the Prosecutor General's Office.

"It is an unprecedented abuse. A man who ran for president is being picked up from the street, mafia-style, just because he decided to continue his fight for the country!", said George Simion, the president of AUR. Moreover, AUR parliamentarians went to the headquarters of the Prosecutor General's Office to demand official explanations, thus amplifying public pressure on the authorities.

We will address all competent internal and external institutions (...) because at 2 p.m. we have to meet with Mr. Georgescu to complete his candidacy file (...).

AUR tried to capitalize on this episode, using it as an example of a "soft dictatorship" established in Romania. Simion also stated that Georgescu's detention would be directly related to the fact that he was going to submit his candidacy.

The Young People's Party (POT) reacted in a similar way, announcing that it was withdrawing its representatives from the consultations scheduled at the Cotroceni Palace with interim president Ilie Bolojan. "We cannot sit at the table with a regime who eliminate their political opponents through detentions and fabricated files!", declared the POT representatives. Later, the POT leaders also went to the General Prosecutor's Office to express their support for Călin Georgescu.

MEP Diana Şoşoacă, head of the SOS Romania party, mentioned that the police's removal of Georgescu from traffic shows that "something serious happened".

"If that is the case and, from a legal point of view, if it is an emergency situation, something like this is required, if they had summoned him and he did not respond to the summons. (...) I hope that there is still a free country, in which everyone has the right to free expression and opinion, everyone has the right to support whoever they want, everyone has the right to say what they want, and when they break the law they should be held accountable. If AUR and POT consider that they must defend him, let them defend him. It is their right", said Diana Şoşoacă, after yesterday's meeting at the Cotroceni Palace with interim president Ilie Bolojan.

• Marcel Ciolacu and Elena Lasconi trust the prosecutors

Unlike the statements of the sovereignist leaders, the representatives of the pro-European parties had balanced positions, in which they asked everyone to trust the judiciary and not to interfere in the investigation carried out by the prosecutors of the General Prosecutor's Office.

Prime Minister Marcel Ciolacu, president of the PSD, told Digi 24: "I will never comment on a judicial decision or an investigation by the prosecutors. In Romania, democracy operates on the principle of the separation of powers in the state, and the judiciary is independent. The law must be applied equally, regardless of the person, while respecting the fundamental rights and freedoms of citizens. In a tense electoral context, the judicial institutions have the responsibility to provide public opinion with solid evidence in the investigation that targets, among others, a possible candidate for the May elections. Only the presentation of clear and incontestable evidence can prevent this criminal investigation from being transformed into an electoral instrument in favor of a certain candidate".

For her part, Elena Lasconi, the president of the USR, believes that the investigators would not have detained Călin Georgescu for questioning without having evidence.

"The authorities would have only been wrong if they brought him to the hearings and detained him without evidence. But I do not believe that the prosecutors are acting without evidence. I am not speaking as a prosecutor, because I am not. I am the president of the USR and, like Mr. Georgescu, I reached the second round of last year's presidential elections. What I can say about myself is that I respected the law in every detail, I had transparent expenses, and everyone knows how much I invested in the electoral campaign. In contrast, Mr. Georgescu stated that he did not spend a single leu on the campaign, which is hard to believe. We are not naive, we all know that an electoral campaign cannot be carried out without costs. I trust that the prosecutors are doing their job and I continue to trust the Romanian judiciary", declared Elena Lasconi, after yesterday's consultations in Cotroceni by interim president Ilie Bolojan with political parties.

If the General Prosecutor's Office manages to prove that Georgescu hid illicit sources of funding or had ties to extremist organizations, he could risk a criminal conviction. On the other hand, if the evidence is not solid, the case could become a symbol of abuses of the state against the opposition.

• The Prosecutor General's Office investigates eight crimes related to the Potra and Călin Georgescu group

The prosecutors of the Prosecutor's Office attached to the High Court of Cassation and Justice - Criminal Investigation Section carried out, yesterday, 47 searches in the counties of Sibiu, Mureş, Timiş, Ilfov and Cluj, at Horaţiu Potra and individuals from his entourage and at the headquarters of four commercial companies. According to the press release issued by the Prosecutor General's Office, 27 individuals and 4 headquarters belonging to legal entities were targeted, in connection with suspicions of committing the following crimes:

- Actions against the constitutional order, provided for by art. 397 of the Criminal Code

- Failure to comply with the weapons and ammunition regime, provided for by art. 342 para. 2 of the Criminal Code

- Carrying out, without right, any operations with pyrotechnic articles, provided for by art. 37 letter a of Law no. 126/1995, republished

- Public incitement, provided for by art. 368 paragraph 1 of the Criminal Code

- Initiating or constituting an organization with a fascist, racist or xenophobic character, as well as joining or supporting, in any form, such a group, provided for by art. 3 paragraph (1) of Emergency Ordinance no. 31/2002

- Promoting, in public, the cult of persons guilty of committing crimes of genocide against humanity and war crimes, as well as spreading, in public space, fascist, legionary, racist or xenophobic ideas, concepts or doctrines, provided for by art. 5 of Emergency Ordinance no. 31/2002

- Initiating or establishing an anti-Semitic organization, as well as joining or supporting, in any form, such an organization, provided for in art. 6 para. (1) of Law no. 157/2018

- False statements regarding the sources of financing of the electoral campaign, provided for in art. 326 para. 1 of the Criminal Code

- Communication of false information, provided for in art. 404 of the Criminal Code

Following the searches, prosecutors found $1.5 million in a safe buried in the floor of Horaţiu Potra's house, as well as accounting documents showing that he had $6 million in cash. The safe, cast in concrete, was camouflaged under the floor of Potra's house. In the house where Potra and his son lived, several weapons and related ammunition were found, for which it seems that he did not have the authorizations required by the legislation in force. At the same time, grenade launchers, related grenades, and hand grenades were also found. Moreover, a message from Horaţiu Potra appeared in the public space on the TikTok network in which he asks citizens to resort to violence to oust the current governing coalition from power.

"Don't let yourself be led astray by those who tell you not to go out with your hair, not to hold demonstrations and violence. This is a spell. It doesn't work. (...) It's life and death now, do you understand? I'm telling you, at my personal risk - let DIICOT, SRI, SPP come to arrest me; whoever they want - incitement to revolt. Romanians, go out with your hair, and them, and their mother!", states Horaţiu Potra in the video post on TikTok.

We recall that Horaţiu Potra is one of Călin Georgescu's supporters, among his close associates, being the one who provided him with the people guarding the former presidential candidate.

Prosecutors stated that the searches were carried out in order to discover and collect the evidence necessary to solve the case, which cannot, under any circumstances, defeat the principle of the presumption of innocence.

• ÎCCJ definitively rejects Georgescu's request for the resumption of the second round

The High Court of Cassation and Justice rejected, yesterday, definitively, Călin Georgescu's request to annul the CCR decision of December 6, 2024, which annulled the presidential elections. The ÎCCJ decision was published before Georgescu was stopped by police and taken to the Prosecutor General's Office to be questioned, as a suspect, in a criminal case in which he is accused of several crimes.

According to the Supreme Court's decision, the exception of nullity of the appeal was rejected as unfounded, and the exception of lack of interest was admitted. Thus, the appeal filed by the Association for the Defense of Public Liberties (APALP) and Călin Georgescu against the Conclusion of December 12, 2024 and Civil Sentence no. 138 of December 18, 2024, issued by the Bucharest Court of Appeal - Section IX Administrative and Fiscal Litigation, was rejected as lacking interest.

At the same time, the ÎCCJ considered inadmissible the request to send an application to the ECHR for an opinion and rejected the appeal against the solution regarding the notification of the Constitutional Court, considering it unfounded.

The case in question concerns the 2024 presidential elections, in which APALP and Călin Georgescu sued the Presidential Administration, SRI, SIE, STS and MAI, citing evidence initially presented in the C SAT and subsequently made public, which led to the annulment of the second round of the presidential election. Through this appeal, Georgescu requested the suspension of the documents declassified by the CSAT.

We note that the former presidential candidate did not appear for the appeal, citing medical reasons - a surgical intervention on his leg that prevented him from moving.

• Explosive file: What drastic punishments does Călin Georgescu risk

If the evidence collected by prosecutors outlines the commission of the crimes of which he is accused by Călin Georgescu, he risks being sentenced by the court to over 15 years in prison. According to the Romanian Criminal Code, the following crimes are sanctioned as follows:

- instigation to actions against the constitutional order, in attempted form, provided for by art.47 of the Criminal Code in relation to art.32 of the Criminal Code in relation to art.397 paragraph 2 of the Criminal Code. According to art. 397 paragraph (2) of the Criminal Code, the act is punishable by imprisonment from 10 to 20 years and the prohibition of certain rights. Being an attempt, according to art. 32 of the Criminal Code, the limits of the punishment are reduced by half. Being an instigation, according to art. 47 of the Criminal Code, the instigator has the same punishment as the author. Thus, the final punishment for this crime will be between 5 and 10 years of imprisonment.

- communication of false information, provided for by art. 404 of the Criminal Code, is punishable by imprisonment from 1 to 5 years.

- false statements in continuous form, provided for by art. 326 paragraph 1 of the Criminal Code with the application of art. 35 paragraph 1 of the Criminal Code (regarding sources of financing of the electoral campaign and declarations of assets). According to art. 326 paragraph 1 of the Criminal Code, false statements are punished by imprisonment from 6 months to 2 years or a fine. Being in continuous form (art. 35 paragraph 1 of the Criminal Code), the limits of the punishment may be increased by one third. Thus, the final punishment may be a maximum of 2 years and 8 months of imprisonment.

- initiating or establishing an organization with a fascist, racist or xenophobic character, joining or supporting, in any form, such a group, provided for by art. 3 paragraph 1 of O.U.G. 31/2002, is punishable by imprisonment from 3 to 10 years and the prohibition of certain rights.

- promoting, in public, the cult of persons guilty of committing crimes of genocide against humanity and war crimes, as well as the act of promoting, in public, fascist, legionary, racist or xenophobic ideas, conceptions or doctrines, provided for by art. 5 of O.U.G. 31/2002, is punishable by imprisonment from 3 months to 3 years and the prohibition of certain rights.

- initiating or establishing an anti-Semitic organization, joining or supporting, in any form, such an organization, provided for in art. 6 paragraph 1 of Law 157/2018, is punishable by imprisonment from 3 to 10 years and the prohibition of certain rights.

If the aforementioned acts are tried as concurrent offenses, the court may apply the highest penalty provided for the offenses committed. According to art. 39 paragraph 1 letter b of the Criminal Code, in the case of concurrent offenses with custodial sentences, the most severe penalty is applied, to which an increase of up to one third of the total of the other established penalties may be added. Maximum sentence: 10 years in prison (incitement to act against the constitutional order - attempted, after reduction) or initiation/establishment of a fascist/anti-Semitic organization (3-10 years).

If we apply the rule of adding one third of the total of the other sentences, we have a maximum possible increase (1/3 of 20 years and 8 months): approximately 6 years and 11 months.

In conclusion, if all the crimes are held in concurrence and the maximum increase is applied, the total maximum sentence could reach approximately 16 years and 11 months in prison. However, the exact decision belongs to the court, which may apply a smaller increase.

• International press, on the Călin Georgescu case: "The favorite pro-Russian candidate, detained by the police"

The police arrest of Călin Georgescu in traffic and the hearing of the Prosecutor General's Office were reported by the press around the world. CNN reported the news as "breaking news" under the headline "Romania's Pro-Russian Presidential Candidate Questioned by Prosecutors," while the BBC reported that Georgescu had been detained and investigated for alleged electoral fraud. The British publication points out that his supporters say he was heading to file his candidacy for the new elections in May, after the second round in December was annulled by the Constitutional Court.

The website Politico.eu recalls that Romania was "thrown into political chaos" after Georgescu, a NATO-skeptical nationalist, won the first round and was set to face reformist Elena Lasconi. The publication highlights the reactions in the US, where officials from the conservative administration criticized the annulment of the election, and at the Munich Security Conference, Vice President J.D. Vance condemned the decision of the Constitutional Court of Romania.

The Washington Post describes the incident as "the arrest of a far-right populist", noting that Georgescu, who initially had a poor showing in the polls, surprised with his victory in the first round of the presidential election, followed by accusations of electoral fraud and Russian interference.

Reuters also mentions the searches carried out at Horaţiu Potra, a mercenary involved in the campaign, and shows that Georgescu is a critic of NATO and Western support for Ukraine. The British agency also highlights the fact that the politician praised Romania's fascist leaders of the 1930s and expressed his admiration for both Donald Trump and Vladimir Putin.

The dailies Bloomberg and Le Figaro report on the protests announced by the opposition party AUR for Saturday, March 1, in support of Georgescu, while the French publication states that the politician was detained in traffic and taken for questioning, in the context of extensive searches.

• Cristela Georgescu: "My husband is completely innocent"

Cristela Georgescu reacted immediately after her husband was indicted by the Prosecutor General's Office for committing six crimes, claiming that everything is a political persecution.

Cristela Georgescu said: "My husband is completely innocent. Everything that is happening is a political persecution. The fact that they did not mention his name in the statement is probably for the same reason why, during the election campaign, he was always called "the other" in the polls and was not invited anywhere. Now, again, the "other" has no name. But it doesn't matter, his name is spoken in other places. This is an attempt to intimidate the Romanian people, who have woken up."

She thanked her husband's supporters, who protested in front of the Prosecutor General's Office until Călin Georgescu left the public institution building.