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Bucharest
February 25, 2021
JUSTICE

The case on financing the electoral campaign for the presidential elections of 2009 is sent back to the Supreme Court

The magistrates of the Bucharest Court of Appeal decided on Wednesday to send back to the High Court of Cassation and Justice the case on the presidential elections of 2009, in which the former Minister Elena Udrea and Ioana Basescu, Traian Basescu’s older daughter, are judged.

On Wednesday, at the Bucharest Court of Appeal, it was discussed in the Preliminary Chamber proceedings, who should judge the case on the illegal payments from the electoral campaign of 2009.

“It accepts the exception raised ex officio by the Preliminary Chamber Judge. It finds the lack of jurisdiction of the Preliminary Chamber Judge of the Bucharest Court of Appeal. It finds that the course of justice was interrupted and (…) it notifies the High Court of Cassation and Justice in order to decide on the case in question”, according to the decision ruled by the Bucharest Court of Appeal in the Preliminary Chamber session.

In these circumstances, the case will be sent back to the Supreme Court.

The former MP Elena Udrea stated on Wednesday at the Bucharest Court of Appeal that this case should be sent back to DNA, and that the accusations in the indictment do not correspond to the legal classification, and the magistrates don’t know what decision they should take in this case.

“This is the case in which I am judged for the way of making some payments for billboards in the presidential campaign and in the referendum campaign of 2009. I consider myself definitely wrong if I am referring to the general situation. Everybody made campaigns. If we wish to investigate how a campaign is financed, lets investigate everybody, not only Elena Udrea. (…) I appreciate that the Law no.334 on financing the political parties is applicable, saying that such a situation is a contravention, and not an offense. The Law no.334 provided a fine for the political party or for the treasurer, not a criminal accusation against me” claimed Elena Udrea after the closed-door debates held at the Bucharest Court of Appeal.

She also claimed that politicians go to businessmen asking them for money in any electoral campaign. “In a campaign, you ask for money. Now… I didn’t ask for it. That’s how a campaign is financed. Politicians go to businessmen asking to finance their electoral campaign or their party, this is why it is a contravention according to the Law 334, it is not an offense”, Elena Udrea added.

Elena Udrea’s lawyer mentioned that the deeds in the indictment do not correspond to the legal classification and he asked for the case to be sent back to DNA.

On July 6, the magistrates of the Supreme Court decided that the case on financing the electoral campaign for the presidential elections of 2009 has to be sent back to the Bucharest Court of Appeal. “(…) it accepts the exception on the lack of jurisdiction of the High Court of Cassation and Justice depending on the quality of the person. (…) it sends the case related to the defendants Basescu Ioana, Udrea Elena Gabriela, Tarhon Victor, Wagner Ioan Silviu, Nastasia Gheorghe and Andronic Dan Catalin, for a competent settlement, to the Bucharest Court of Appeal, which is the court to which the case will be sent” was stated in the ICCJ decision.

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