JUSTICE

Former head of DIICOT Alina Bica no longer entitled to practice as a lawyer

The members of the Dolj Bar Association suspended the right of the former head of the Directorate for Investigating Organised Crime and Terrorism (DIICOT), Alina Bica, to practice as a lawyer; the decision was take on Thursday, as a result of her conviction to four years in prison.

Thus, the Dolj Bar Association’s Council decided in its meeting of Thursday, to suspend the right to practice the lawyer activity to the former head of DIICOT, according of the Art.50 of the Statute of the Legal Profession.

The article provides that the right to practice as a lawyer may be suspended if criminal proceedings were started against the lawyer, or the lawyer has been sent to judgment for committing an offense which affects the professional prestige, until a final Court’s decision is given.

The Dean of the Dolj Bar Association, lawyer Lucian Sauleanu, stated on Friday that on the occasion of the meeting held on Thursday, the Council appreciated that the terms provided by the Art.50 of the Statute of the Legal Profession are fulfilled, and it subsequently has decided the suspension.

“One of the issues on the Council’s agenda of December 8 was referring to the suspension of Mrs. Alina Bica’s right to practice as a lawyer. It was appreciated that the terms provided by the Art.50 of the Statute are fulfilled and the suspension was subsequently decided by voting”, stated the Dean of the Dolj Bar Association.

The Dolj Bar Association’s decision is enforceable and it will be notified to Alina Bica, who can challenge it within 15 days.

Alina Bica was registered as a lawyer in the Dolj Bar Association since 2011, when she was admitted in the profession.

Her suspension was also discussed in this spring. But Alina Bica requested at that time to be transferred in the Bucharest Bar Association, and the request was accepted by the Dolj Bar Association. However, the Bucharest Bar Association rejected her request.

Former head of DIICOT Alina Bica was convicted to four years imprisonment in the case in which she is accused of removing the seizure on Videanu’s shares; the decision is final.

Judges of the High Court of Cassation and Justice have convicted Alina Bica, former DIICOT chief-prosecutor, to four years imprisonment for favoring the offender, while she was acquitted for two offenses of abuse of office and for other one consisting in favoring the offender.

Judges have also decided that the period in which Alina Bica was placed into custody, namely from January 31, 2015 to June 15, 2015, will be deducted from the four-year conviction

 

Former EcoMin Adriean Videanu was acquitted by the judges of the High Court of Cassation and Justice for complicity in abuse of office, in qualified form.

The decision wasn’t final and it could be challenged in 10 days since it was notified.

Prosecutors stated that on February 25, 2014, through an ordinance issued in her position of a chief-prosecutor of DIICOT, Alina Bica, breaching the related legal provisions, removed the seizure on Videanu’s shares. The seizure on Videanu’s shares was decided in the Romgaz-Interagro file of the former Economy Minister. In that case instrumented by DIICOT, Videanu and other persons were investigated for a prejudice amounting USD 11,000,000 and for endangering the national energy system on the natural gas segment.

Former Attorney General of Romania Tiberiu Nitu has checked and refuted, at the end of January 2015, the ordinance issued by the former head of DIICOT Alina Bica through which she removed the seizure on the Titan Mar shares owned by Adriean Videanu.

 

Confrontation with the ex-lover in another case

 

Alina Bica will face her denouncer, who seems to also be her ex-lover. Former DIICOT counselor Ionut Mihailescu is the one who denounced her. But he has changed his statements during one of the hearings, making Alina Bica cry, according to Romania TV.

Ionut Mihailescu refused to answer to Alina Bica’s questions: “These files have a target. I’ve said from the beginning that Mihailscu is lying. He refused confrontation today” stated Laura Vicol, Alina Bica’s lawyer.

At the end of November, judges of the High Court of Cassation and Justice have approved the request submitted by the former head of DIICOT Alina Bica to face her denouncer Ionut Mihailescu in the file in which the former head of ANAF Serban Pop and the businessman Horia Simu are also judged.

In September 2015, Alina Bica and the former head of ANAF Serban Pop have been sent to judgment by DNA in the case of the bribery for the dismissal of the file in which the businessman Horia Simu is involved.

Alina Bica is accused of bribery and improper participation under the form of intentionally determining the commission of the offense consisting in abuse of office without guilt, while Serban Pop is accused of complicity in giving bribery.

Businessman Horia Simu was also brought to justice in this case for giving bribery.

According to DNA, Serban Pop received in 2014 from Horia Simu the total amount of EUR 230,000 (cash and under the form of two legal consultancy contracts) to intervene at the level of the DIICOT leadership to obtain the favorable solution of a criminal case related to the businessman. Part of the money would have been received by Alina Bica through Ionut Mihailescu, who was her counselor at that time.

“On November 8, 2014, Alina Bica, as the chief-prosecutor of DIICOT, received for herself, indirectly, through an intermediary (the denouncer in this case), the amount of EUR 17,500 of the total amount of EUR 20,000, which the latter, as interposed, received from Serban Pop. The amount of EUR 20,000 represented a part of the total amount of approx. EUR 230,000 provided by the businessman in installments, during a period of 8 months, in 2014, to the defendant Pop, who was supposed to remit it in the said purpose”, prosecutors claim.

DNA mentions that, in return for this money, Alina Bica has determined the replacement of the case prosecutor and has made pressures on another of her subordinates (who acted without guilt, according to the evidence in the file), in order to give a dismissal solution in the file in which Simu was prosecuted, which thing later happened.

 

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