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March 28, 2023

Nastase suspension sentence ruling, postponed until July 5

The case involving ex-PM Adrian Nastase, where his lawyers are asking for a three month suspension of the sentence, was postponed yesterday until July 5, for the reason that Nastase was not present in court. He was summoned in court on the new date. The request for a postponement of the service of the sentence in the case of Adrian Nastase, sentenced to two years of imprisonment, was changed by the court into a request for a suspension of the service of the sentence as the convict had been incarcerated at the Rahova Prison in the meantime. Moreover, the text of the Code of Criminal Procedure (article 455) on the suspension of the service of the sentence is a continuation of the provision on the postponement of the service of the sentence (article 453). ‘The reasons are very clear: it is letter C, at article 453, which clearly states that exceptional circumstances prevent the convicted person to continue serving the sentence. In my opinion, what has taken place these last few days are exceptional circumstances,’ said one of Nastase’s barristers, Ion Cazacu. The sitting of the Bucharest Tribunal court that hears the request for the suspension of the sentence was put on hold by the judges for a few minutes after the National Anti-Corruption Directorate had asked that Nastase should be brought before the court, saying that the process might not be fulfilled if the convicted person is not present. In addition, the DNA prosecutor asked for verifications into the random allocation of the case to judge Elena Burlan, the same judge who had acquitted Dr. Serban Bradisteanu (former PSD Senator and Nastase’s treating physician while in Floreasca Hospital) in a corruption case. DNA also said the medical report submitted to the court and explaining why Nastase could not attend did not respect the model stipulated by the law. The National Prison Administration (ANP) had previously informed that Nastase would not be in court. ‘In the situation where ill detainees are summoned, and they cannot appear before the judicial authorities, measures shall be taken for the communication of the procedural act and for sending the proof of acknowledgement together with the medical report,’ ANP explains.  Adrian Nastase’s lawyers in reply invoked the fact that the DNA was playing a dangerous game for justice, accusing it of producing acts of accusation through a court. Moreover, they said the DNA wanted to open an investigation at the Rahova Prison, for the reason that the ‘staff’ is trying to ‘make it difficult’ for the convicted person to appear in court. In another development, the president of MDs association, Vasile Astarastoaie, said yesterday he will propose, on Friday, the noticing of international institutions on the infringement of professional independence of MDs and will file a complaint to the Superior Council of Magistracy (CSM) against the prosecutors in Nastase case.

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