What does the decide who sentenced Dan Voiculescu to 10 years in jail say about his determination to droop claims for damages?

The determination taken by a Bucharest court docket on Friday to droop damages within the Dan Voiculescu corruption case is “a transparent signal of the disintegration of the rule of regulation in Romania,” mentioned Camelia Bogdan, the decide main the case. A panel from the Bucharest Court of Appeal sentenced her to 10 years in jail. Epoch Times.

friday, The Bucharest court docket dominated. In the 2014 case through which Dan Voiculescu was sentenced to 10 years in jail on corruption fees for the privatization of a meals laboratory, the court docket is suspending the execution of the sentence after awarding damages. Damage was estimated at round 60 million euros, and the Romanian authorities managed to revive a few of it. The court docket’s determination could also be appealed to DNA.

“It turns into pointless to say that Romania has saved criminals.”

“It is redundant to say that Romania, an epidemic of kleptomania, is saving criminals. The measures ordered by the Bucharest court docket give us jurisdiction over the ultimate determination, a call patented in Romania on the factors for confiscating the proceeds of crime from third events. We broke it down,” declared Camelia Bogdan. Epoch Times.

She recollects that the choice she made 10 years in the past was upheld by the European Court of Human Rights, rejecting Dan Voiculescu’s advice.

“The cash stolen by criminals belongs to Romanian society, and to make sure the effectiveness of the confiscation order, the confiscation order was issued with out leaving a file of the seizure on paper. There isn’t any excuse for Romanian authorities failing to get well the proceeds of crime. Especially in Romania, as a result of, with just a few exceptions, the proceeds of crime are stolen on sight,” added Camelia Bogdan.

But the decide criticized Friday’s determination as “not of sensible significance” as a result of the Romanian authorities had proven little interest in implementing the 2014 determination by repairing the harm.

“The suspension of execution of the ultimate determination on the cash laundering difficulty is a transparent signal of the disintegration of the rule of regulation in Romania, which in reality desires trustworthy residents to be eligible to affix the OECD. How lengthy will or not it’s attainable to problem the suspension of the invoice on DNA? We are glad that this exists, however we won’t hesitate to hunt punitive damages within the new case filed with the ECHR on the worldwide stage, which requires stronger treatments for victims,” introduced Camelia Bogdan.

Camelia Bogdan was positively excluded from the Justice of the Peace’s bench.

The determination was handed down in April 2022 by a panel of 5 Supreme Court judges. excluded from the judiciary After a four-year trial, Judge Camelia Bogdan mentioned:

The determination was made based mostly on a judicial investigation report that accused Camelia Bogdan of failing to adjust to the principles on random distribution of instances whereas she was a decide within the prison division of the Bucharest Court of Appeal.

According to the judicial inquiry, Camelia Bogdan would have been tried in a number of instances in January 2016. The case was initially assigned to a special decide, however she was on go away. After the titular decide returned from her trip, Camelia Bogdan reportedly saved a file through which she ordered the confiscation of sure quantities of cash in May 2016, amongst them the notary Jean Aurel Andrei, who was Laura Andrei’s husband on the time. Chief Justice of the Bucharest Court. It issues the file through which Jean Aurel Andrei is accused, along with Radu Mazăre, of unlawful land returns in Mamaia.

Camelia Bogdan additionally acquired an exclusion from CSM in February 2017, however this determination was overturned by the court docket.

What the Bucharest court docket determined within the Dan Voiculescu case

“In accordance with the provisions of Art. 460 paragraph 1 C. proc. Order to droop the execution of the pen sentence. Criminal Section of the Bucharest Court of Appeal of 701/26.09.2013, Criminal Section I of the Bucharest Court, File No. 25497/3/2012 Confirmed by 888/08.08.2014,” in keeping with the Bucharest court docket. Court Portal.

The Criminal Procedure Act stipulates that “the court docket might, in precept, acknowledge a request for retrial or droop, in entire or partially, the execution of the choice topic to retrial if there’s a motive to take action thereafter.”

determination But what the Bucharest court docket issued on Friday shouldn’t be remaining and DNA has 48 hours to object.

“A prosecutor or an celebration might enchantment a call ordering the suspension of a call topic to revision inside 48 hours of sentencing for these current, and inside 48 hours of receiving notification for these current. “If the prosecutor appeals, execution is suspended,” the Criminal Procedure Act stipulates.

The court docket is listening to a request to evaluation the 2014 conviction.

The determination is introduced in a file filed by the Bucharest court docket. acknowledged in preceptIn February, a request was made to switch the conviction within the Dan Voiculescu case written by former head of AVAS Jean Cătălin Sandu, one of many convicted defendants.

The subsequent deadline within the case has been set by the Bucharest court docket for July 3.

For the time being, Judge Sterică Toma of the Bucharest Court determined that solely formal circumstances had been met to substantiate the deserves of the evaluation request. However, she mentioned that if the decide grants Dan Voiculescu’s request to switch the sentence in his file, the conviction shall be quashed and the trial will resume, judicial sources defined to G4Media.ro.

Under these circumstances, Dan Voiculescu can search damages for the three years he served of his remaining 10-year sentence. Additionally, the Romanian authorities might have returned the confiscated cash by way of ANAF.

Dan Voiculescu was sentenced to 10 years in jail in August 2014 for fraudulently privatizing a meals laboratory, which resulted in roughly 60 million euros in damages, a few of which the Romanian authorities clawed again. .

Three years later, in July 2017, he was launched on parole following the ultimate determination of the Bucharest court docket.

On leaving jail, Dan Voiculescu insisted that the file was freed from bias and that the court docket’s determination in August 2014 “shall be dismantled by the judiciary.” He repeatedly claimed that he had been convicted of “telepathy.”

The ECHR rejected the request for compensation.

European Court of Human Rights (ECHR) rejected In 2022, we will be unable to honor the request filed by Dan Voiculescu, founding father of Intact Trust, on fees of cash laundering and asset forfeiture.

The request to the ECHR was made within the first case by Dan Voiculescu, within the second by his daughters Camelia Rodica Voiculescu and Corina Mirela Voiculescu, in addition to Compania de Cercetări Aplicative si Investişii SA and Grupul Industrial Voiculescu si Compania SA.

“With regard to the independence of the trial court docket, the court docket discovered that the proceedings weren’t arbitrary, that Mr. Voiculescu was supplied with an inexpensive alternative to current his arguments within the adversarial proceedings, and that the choices adopted had been in accordance with the info and relevant regulation,” the ECDO defined.

Regarding property confiscation, the court docket determines that the judges didn’t err in equity.