Conveyance acquittals in the “Corruption at E.On Moldova” file. The judges annul the prosecutor’s indictment
The “Corruption at E.ON Moldova” file, which caused a stir in 2014, being remand heads of companies, a mayor and businessmen, it came to an end. After a first instance handed down convictions in the case, two judges from the Bacău Court of Appeal, Adrian Octavian Finică and Arin Alexandru Mengoni, partially changed the sentence and acquitted more than 20 people, including two who had not even appealed.
The file “Corruption at E.On Moldova” was orchestrated by the prosecutor Gheorghe Daniel Ștefan and sent to court in December 2014. for electricity theft.
Also read “Cristinel Bostan, the mayor of Sascut, sent to court together with several companies and E.On employees for energy theft“!
Several of the acquittals in the file were ordered following the limitation of the facts, but for most courts that “the fact does not exist”.
Practically, for three of the crimes, those of corruption (bribery, influence peddling and influence buying), the judges found that the Prosecutor’s Office next to the Bacău Court should have declined its jurisdiction. The defense lawyers invoked the situation during the trial at the Bacău Court, but the arguments were ignored.
“The appeal of the defendant CMB is to be admitted and he will be acquitted for the offense of influence peddling, provided for by art. 291 paragraph 1 Criminal Code according to article 16 paragraph 1 letter a Criminal Procedure Code, generated by material incompetence of the body . of criminal prosecution for this crime”, it is stated in one of the acquittals pronounced by the judges.
The court also extended the effects of the sentence to two people convicted on the merits and who did not file an appeal, CMB and ACC. “The legal reasoning regarding the illegality that leads to partial absolute nullity and the exclusion of evidence related to the crime of influence peddling, the consequence of the material incompetence of the criminal prosecution body, is also valid for these two defendants, even if they have not declared an appeal in the case . “, show the judges from the Bacău Court of Appeal.
Regarding the damages in the case of electricity theft, they were settled by civil means. Details of the sentence can be consulted here.