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Bucharest
January 27, 2021
JUSTICE

Constanta Court deferred for one week the decision in the case of Mircea Basescu’s conditional release

Mircea Basescu, the brother of the former President Traian Basescu, requested on Monday at the Constanta Court, to be conditionally released, stating that he fulfilled all the necessary requirements, while the representatives of the National Anticorruption Directorate (DNA) asked that he should remain in prison since he didn’t bring strong proofs that he is corrected. The court deferred ruling the decision for September 11; the decision will be final.

Constanta Court judged on Monday the appeal filed by DNA against the decision issued by the Medgidia District Court on July 19, according to which Mircea Basescu can be conditionally released.

The DNA Constanta representatives asked the court to admit the appeal and to reject the request for the conditional release as ungrounded. They argue that, given the crime for which Mircea Basescu was sentenced, the time spent in prison is considered not to be enough in order to reeducate him, mentioning that he didn’t bring strong proofs of correction.

Mircea Basescu’s defender, lawyer Nelu Tasca, stated that he fulfills all the criteria to be conditionally released. He said that Mircea Basescu has brought enough proofs of correction, participating in educational programs and even holding a conference in front of the other detainees on their solutions when they will leave the penitentiary, in order to be reintegrated into the society. Moreover, Nelu Tasca mentioned that since Mircea Basescu is placed in the custody of the state bodies, meaning since 2014, he never breached any procedure, and he had no deviations during his time in the penitentiary.

The lawyer also referred to his client’s health status, saying that he was subject to a surgery while he was in prison, stents were applied, and the medical staff also discovered he has diabetes. Nelu Tasca mentioned that Basescu is also forced to buy the medicines for the diseases he has, since the penitentiary system cannot provide them. In the end, the lawyer asked the court to approve that Mircea Basescu can be returned to the society, since this doesn’t involve any risk.

Mircea Basescu stated at the trial that he fulfills all the criteria to be conditionally released. He said that people with greater convictions and with higher damages have been released.

“Sentenced people who stole EUR 60 million from the state, who were sentenced to 10 years of prison, have been released. I am talking about Mr. Voiculescu”, Mircea Basescu stated.

He also referred to his health problems, appreciating that it seems inhuman to him to continue t stay in prison given his heart disease and his diabetes.

Moreover, Mircea Basescu stated that he doesn’t understand what proofs DNA wants him to bring to indicate his correction.

“DNA wants proofs that I am corrected. What proofs should I bring, what should I do to prove I am corrected?” Mircea Basescu also said.

In the end, he stated that if he will be conditionally released, he will not be tempted to commit new corruption deeds.

“I am a pensioner, I don’t have any company. I have a house, I have a car, my wife has a car, my children have houses and cars, I don’t have any reason to be tempted…” stated Mircea Basescu.

Constanta Court deferred ruling in this case for September 11. The decision will be final.

On July 19, Medgidia District Court admitted Mircea Basescu’s request to be conditionally released, but DNA challenged it to the higher court.

This was the third request submitted by Mircea Basescu in order to be conditionally released, the first two requests being admitted by Constanta District Court, but rejected by the Constanta Court.

Mircea Basescu was finally sentenced to four years in prison, in June, 2016, by the Constanta Court of Appeal, for influence peddling, in the case in which he was judged for receiving EUR 250,000 in order to intervene t the magistrates to solve a trial in which Sandu Anghel was judged. Thus, the court maintained the original decision issued by Constanta Court in January, 2016.

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