Heavy names on the list of prosecutors in the reopening of the “August 10” case – Evenimentul Zilei

Last minute ad in file August 10. DIICOT prosecutors announced that the dismissal decision was partially overturned and it was decided to resume the criminal investigation against the heads of the Romanian Gendarmerie and against the former prefect of the Capital, Speranța Cliseru.

The announcement was made after the decision of the judges of the Bucharest Court of Appeal, who admitted, on Friday, the complaint against the ordinance by which the “August 10” case had been filed.

But. the decision to reopen the case had been taken two days earlier by the management DIOCT.

More precisely, by the ordinance of 14. 04.2021.

At that time, the Deputy Chief Prosecutor of the Directorate for the Investigation of Organized Crime and Terrorism (DIICOT) ordered the following:

1. Admission in part of the complaints made by a number of 6 petitioners
2. Rejection of the complaints made by a number of 3 petitioners
3. The partial refutation of the ordinance dated 26.06.2021 issued in the file number 2122 / D / P / 2019 regarding the provisions of:

• classification of the case under the aspect of committing by the suspects Major CAZAN LAURENŢIU VALENTIN, Colonel CUCOŞ GHEORGHE SEBASTIAN and Colonel SINDILE IONUŢ-CĂTĂLIN of the offenses of abuse of office prev. of art. 297 paragraph 1 of the Criminal Code, improper participation in abusive behavior provided by art. 52 para. 3 Criminal Code rap. the art. 296 para. 2 Criminal Code with applic. art. 35 para. 1 Criminal Code, improper participation in intellectual forgery provided by art. 52 para. 3 Criminal Code rap. the art. 321 para. 1 of the Criminal Code, improper participation in the use of forgery provided by art. 52 para. 3 Criminal Code rap. the art. 323 Criminal Code, complicity in abuse of office provided by art. 48 para. 1 Penal Code rap. the art. 297 para. 1 Criminal Code and complicity in improper participation in abusive conduct provided by art. 48 para. 1 Criminal Code with ref. the art. 52 para. 3 Criminal Code rap. the art. 296 para. 2 Criminal Code with applic. art. 35 para. 1 of the Criminal Code, related to the factual states retained in the ordinance for the continuation of the criminal investigation no. 18/2018 of 20.09.2018 of the Prosecutor’s Office attached to the High Court of Cassation and Justice – Military Prosecutor’s Office Section;
• classification of the case under the aspect of committing the crimes of improper participation in intellectual forgery prev. of art. 52 para. 3 rap. the art. 321 para. 1 Criminal Code and improper participation in the use of forgery provided in art. 52 para. 3 rap. the art. 323 of the Criminal Code, related to the facts retained in the content of ordinance no. 18 / D / 2018 of the Prosecutor’s Office attached to the High Court of Cassation and Justice – Military Prosecutor’s Office Section, which on 12.09.2018 ordered the extension of the criminal investigation;
• classification of the case under the aspect of committing crimes prev. of complicity in abuse of office provided by art. 48 para. 1 rap. the art. 297 para. 1 Criminal Code, respectively complicity in improper participation in abusive behavior prev. of art. 48 para. 1 Criminal Code with ref. the art. 52 para. 3 Criminal Code rap. the art. 296 para. 2 Criminal Code with applic. art. 35 para. 1 of the Criminal Code, related to the factual states for which the extension of the criminal investigation was ordered on 23.04.2019 by ordinance no. 18 / D / 2018 of the Prosecutor’s Office attached to the High Court of Cassation and Justice – Military Prosecutor’s Office Section.

Last minute announcement in the August 10 file

At the same time, the DIICOT management ordered the reopening of the criminal investigation against Major Laurențiu Valentin Cazanși of the colonies Gheorghe Sebastian Cucoș and Ionuț Cătălin Sindile. Also, it was ordered the resumption of the criminal investigation for Speranța Cliseru, former prefect of the Capital.

In that investigate, DIICOT ordered the reopening of the criminal investigation as follows:

under the aspect of committing by Major CAZAN LAURENŢIU VALENTIN, the offenses of abuse of office prev. of art. 297 paragraph 1 of the Criminal Code, improper participation in abusive behavior provided by art. 52 para. 3 Criminal Code rap. the art. 296 para. 2 Criminal Code with applic. art. 35 para. 1 Criminal Code, improper participation in intellectual forgery provided by art. 52 para. 3 Criminal Code rap. the art. 321 para. 1 of the Criminal Code, improper participation in the use of forgery provided by art. 52 para. 3 Criminal Code rap. the art. 323 Penal Code;

under the aspect of committing by Colonel CUCOŞ GHEORGHE SEBASTIAN and Colonel SINDILE IONUŢ-CĂTĂLIN the crimes of complicity in abuse of office provided by art. 48 para. 1 Penal Code rap. the art. 297 para. 1 Criminal Code and complicity in improper participation in abusive conduct provided by art. 48 para. 1 Criminal Code with ref. the art. 52 para. 3 Criminal Code rap. the art. 296 para. 2 Criminal Code with applic. art. 35 para. 1 Penal Code;

under the aspect of the commission by the so-called HOPE CLISERU of the crimes of intellectual forgery, prev. of art. 321 paragraph 1 of the Criminal Code and favoring the perpetrator, prev. of art. 269 ​​Penal Code.

The ordinance was submitted to the Bucharest Tribunal

By the ordinance of 14. 04.2021 given by the Deputy Chief Prosecutor of DIICOT it was also decided:

5. The reopening of the criminal prosecution in rem under the aspect of committing the crimes of improper participation in intellectual forgery prev. of art. 52 para. 3 rap. the art. 321 para. 1 Criminal Code and improper participation in the use of forgery provided in art. 52 para. 3 rap. the art. 323 of the Criminal Code, respectively complicity in abuse of office provided by art. 48 para. 1 rap. the art. 297 para. 1 Criminal Code, respectively complicity in improper participation in abusive behavior prev. of art. 48 para. 1 Criminal Code with ref. the art. 52 para. 3 Criminal Code rap. the art. 296 para. 2 Criminal Code with applic. art. 35 para. 1 Penal Code
6. Maintaining the dismissal solution ordered with respect to the other facts.

DIICOT also specifies that the Ordinance was submitted, on 15.04.2021, to the Preliminary Chamber Judge of the Bucharest Tribunal for confirmation, according to disp. art. 335 para. 4 CPP

Decision of the Bucharest Court of Appeal

We remind you that the Bucharest Tribunal decided, on March 2, that the case regarding the forced intervention of the gendarmes at the diaspora protest on August 10, 2018 remains closed.

Instead, the Bucharest Court of Appeal (CAB) ordered, on Friday, the reopening of the investigation against the former heads of the Gendarmerie. The magistrates admitted the complaint of a protester, Ion Crăciuneanu, who was allegedly assaulted and gassed during the 2018 events.

He claims that he participated in the rally on August 10, 2018, in Victoriei Square and that he was assaulted and threatened by the gendarmes, and a grenade fell near his leg and injured him.

In the complaint filed in court, Crăciuneanu requested the reopening of the investigation against the former heads of the Gendarmerie, Sebastian Cucoş, Cătălin Sindile and Laurenţiu Cazan, but also against Colonel Cătălin Paraschiv, nicknamed “Ghost in White” in the press.

Crăciuneanu also requested the opening of the investigation against some political decision makers, such as Speranţa Cliseru, former prefect of the Capital, Carmen Dan, former Minister of Interior, and Liviu Dragnea, former president of PSD, who would be “willing and coordinated, directly or indirectly, from operatively, the intervention of the police against the participants in the protest of 10.08.2018 held in Victoriei Square, Bucharest, as well as against the other persons who helped them to commit such deeds ”.

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