The magistrates of the High Court of Cassation and Justice decided on Friday to notify Constitutional Court regarding the unconstitutionality of the Government’s Emergency Ordinance (GEO)14 repealing GEO 13 on decriminalizing abuse of office, being notified by Alina Bica and Catalin Teodorescu’s lawyers, in the case related to the illegal compensation of the businessman Gheorghe Stelian, performed by the Central Committee for Establishing Compensations of the National Authority for Assets Recovery (ANRP), which included the former head of the Directorate for Investigating Criminality, DIICOT.
BICA and Teodorescu’s lawyers stated on Friday at the Supreme Court that GEO 14 repealing GEO 13, which decriminalized the abuse of office, was adopted without observing Constitution.
“If GEO would have been still valid, the principle of the most favorable law would have been applied, and the abuse of office, namely the offense of which my client is accused, would have been abolished” claimed the lawyer of the former head of DIICOT, who submitted a number of written arguments.
The DNA prosecutor was against CCR’s notification on this issue, stating that if GEO 14 would be declared as unconstitutional, GEO 13 would automatically enter into force.
After deliberation of approx. 20 minutes, the President of the panel Lucia Rog announced that Constitutional Court will be notified.
In December, 2014, Alina Bica, former head of DIICOT, was sent to judgement in the case of the fraudulent compensation of the businessman Gheorghe Stelian by the National Authority for Assets Recovery (ANRP). At the time of the deeds, Bica was a member of the Central Committee for Establishing Compensations within ANRP, together with Crinuta Dumitrean, the former head of ANRP, Sergiu Diacomatu and Remus Baciu, former vice presidents of the institutions, MP Catalin Teodorescu, Dragos George Bogdan former vice president of ANAF, Oana Vasilescu and Lacramioara Alexandru. Gheorghe Stelian and the appraiser Emil Nutu were also sent to judgement. The other member of the committee, MP Marko Attila, will be investigated separately, since he left the country.
They are accused of abuse of office for approving the compensation of Gherghe Stelian with EUR 89 million for a land in Bucharest which was overvalued with EUR 62 million.
Businessman Dorin Cocos was also arrested in this case, being suspected for asking EUR 10 million from Gheorghe Stelian to intervene to the ANRP committee.
The Emergency Ordinance 14 repealing the provisions of the Emergency Ordinance 13 adopted by the Grindeanu Government, amending Criminal Code and Criminal Procedure Code, was also appealed in administrative litigation to the Bucharest Court of Appeal, my several convicted persons, in trial court, for complicity in abuse of office.
On February 10, 2017, Luiza Cazanescu and SC Luisa Casa de Moda SRL opened two trials at the Bucharest Court of Appeal, for suspending, respectively for annulling GEO 14.
Another complaint on GEO 14 was registered by the Bucharest Court of Appeal when the former MP Theodor Nicolescu, tried for abuse of office in the ANRP case on the illegal compensation of Horia Simu, asked the court to notify the Constitutional Court in the case of the ordinance repealing the Emergency Ordinance by which the criminal codes have been amended, claiming that his right to defense is breached by this law. His request was rejected.