JUSTICE

Judges reserved judgement in the Bica-Simu file. ICCJ could change the legal classification

Supreme Court decided to postpone the decision in the case in which the former head of the Directorate of Investigating Organized Crime and Terrorism (DIICOT) Alina Bica is charged that she received money from the businessman Horia Simu, after at the hearing of Wednesday the change of the legal classification for the defendants in the file has been discussed.

Alina Bica could receive a sentence for favoring the perpetrator, and not for bribery and improper participation under the form of determining with intention the committing of abuse of office without guilt, as she was originally classified.

In the same file, for Horia Simu, the offense of giving bribe could be changed in buying influence, while for Pop Serban the offense of complicity in giving bribe could be changed in influence peddling.

The anticorruption prosecutor was against the change of the legal classification, arguing that “it would minimize the defendant’s contribution to the final result that has been proposed to her, namely to close the criminal case”. The prosecutor concluded that Alina Bica would have received EUR 17,500 through Ionut Mihailescu, former adviser, to intervene by closing a case.

“The legal classification is not necessary to be changed. The current classification is legal and founded. Evidences prove that the offenses have been committed. Changing the classification for Alina Bica would lead to exempting her for bribery. It would minimize the defendant’s contribution to the final result that has been proposed to her, namely to close the criminal case. On November 8, 2014, the defendant received EUR 17,500 at her home. The money were given in a gift box; the witness went to the defendant’s home, and there are evidences in this regard. We notice that on November 8, Ionut Mihailescu talks to Alina Bica and calls her, saying to her that he has to give her money for taxi. (…) A new talk takes place after 30 minutes, when Mihailescu arrived to the house located in the Tineretului area. The scenario that occurs is that the defendant is quarrel with her husband, she gets out of the car, walks to the apartment and meets Mihailescu. It was the defendant’s name day and it was normal to receive gifts, any kind of gifts. When she got out of the car, the defendant kept the phone and the car keys, including the keys of the apartment where she wasn’t living anymore. Please note that the defendant didn’t request the hearing of the neighbor who was noticing strange things” the prosecutor stated in the courtroom.

Alina Bica stated to the judges when she had the last word, that she is ashamed for being a prosecutor and that she’s glad that she is not accuse of being a “bribery-taker” anymore.

“Please have goodwill for me. I was never ashamed to be a prosecutor, except this evening. No gifts have been brought on my name day. On the name day, they bring flowers. Nobody can accuse me of such a callousness that it makes me take bribes. I don’t know what the solution will be, but at least you raised the accusation of being a bribe-taker. My nephew, when she’ll grow up, will not say that her aunt was a bribe-taker, she will say that I was abusive. Any of the chief-prosecutors who have leading positions should think twice when they call a subordinate to tell him: hey fellow, you have a case since nine years ago, do something with it” Bica said to the judges.

The file was sent to the court in September, 2015. According to the indictment, in 2014, Serban Pop received approx. EUR 230,000 from Horia Simu, in cash and under the form of two legal consultancy agreements, to intervene at the leadership of the Directorate of investigating Organized Crime and Terrorism (DIICOT), in order to obtain a favorable solution of a criminal case on the name of the businessman.

“On November 8, 2014, the defendant Bica Alina Mihaela, as Chief-Prosecutor of the Directorate of Investigating Organized Crime and Terrorism, indirectly received for herself, through an intermediary (denouncing witness in the case), the amount of EUR 17,500 out of the total of EUR 20,000, which the latter, as interposed, received from the defendant Pop Serban. The amount of EUR 20,000 was a part of the total amount of approx. EUR 230,000 that was given by the businessman in instalments, during 8 months, in 2014, to the defendant Pop Serban, who was supposed to deliver it in the above mentioned purpose” prosecutors stated in the indictment.

Investigators claim that, for these money, Alina Bica changed the prosecutor who was instrumenting Horia Simu’s case and made pressures on the magistrate that took the cause to close the case in which Horia Simu was prosecuted. In the end, the case prosecutor decided to close the case of the businessman; DNA claims that, according to the evidences provided in the case, the magistrate acted without any guilt.

Alina Bica is also judged in other cases, being sentenced at the first court to four years in prison for favoring the perpetrator in the case in which she is judged together with Adriean Videanu. The former Minister of Economy has been acquitted.

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