IMPARȚIALITATE·INTEGRITATE·EFICIENȚĂ
June, 18th, 2015
No. 1112/VIII/3
Press Release
The prosecutors within the National Anticorruption Directorate – the Section for Combating offences assimilated to those of Corruption have ordered the indictment
Under pretrial detention, against the following defendants:
FECIORU MARIUS CONSTANTIN, acting as State Secretary within the Ministry of Communications and Information Society at the time the acts were committed, in charge with the restructuring of the National Company Romanian Post Office SA (CNPR), charged with the offences of
-instigation to abuse of office through repeated acts (11 material acts)
-complicity to traffic of influence
-forming an organized criminal group.
PRIBESCU MIOARA, acting as the Executive Director of the economic Directorate within National Company Romanian Post Office SA at the time the acts were committed, charged with the offences of
-traffic of influence
-forming an organized criminal group
-instigation to abuse of office through repeated acts, through repeated acts (11 material acts)
And under judicial control against:
NICOLAE CONSTANTIN OLIMPIU, acting as the Director of the Regional Directorate within Regional Directorate of Post Office Brasov at the time the acts were committed, charged with the offences of:
-abuse of office through repeated acts (11 material acts)
-forming an organized criminal group.
The indictment drawn up by the prosecutors indicated the following state of facts:
1.The defendant Marius Constantin Fecioru, acting as a State Secretary within the Ministry of Communications and Informational Society (in charge with the „coordination, monitoring and taking all the necessary measures for the restructuring of the National Company Romanian Post Office SA on profile centers”, “to monitor the implementation of the Strategy of restructuring and modernization of the National Company Romanian Post Office, as approved by the government decision”), Pribescu Mioara, a director within CNPR SA and Constantin Olimpiu Nicolae, the director of the Director of the Regional Directorate within Regional Directorate of Post Office Brasov, together with other people, formed a group that put into practice a mechanism used by CNPR to distribute postal items. For a certain part of the mail presented by a certain commercial company, they did not cash in the price of the delivered service. Consequently, during May 2011 - March 2012, by breaking their office duties, Constantin Olimpiu Nicolae, instigated by Mioara Pribescu and Marius Constantin Fecioru, ordered the employees of the National Company „Romanian Post Office” S.A to distribute repeatedly mail process through hybrid post office (a complex service combining the non-postal service for prepairing the mail with the postal service for sending commercial mail), without stamping and invoicing it, in the interest of a certain commercial company. The batches of commercial mail were indicated by Constantin Olimpiu Nicolae or by Mioara Pribescu.
The value of the damage caused to the national company CNPR SA amounted to 1,128,228 Lei, plus interests/penalties amounting to 38,283 RON.
Through the given orders, Constantin Olimpiu Nicolae exploited both the ambiguities of the functionality of the hybrid postal service and the common law used by the CNPR employees, in exceptional situations (determined by the need to respect the functioning norms of the company, including the circulation terms of the postal dispatch), when the mail is distributed without counting or stamping it.
The criminal group had certain continuity, collaboration, coordination and a well-established structure, with every member assuming predefined roles.
2. On the 21st of December 2011, in exchange for the fact that she tolerated a embezzlement mechanism that favored a private company, Pribescu Mioara requested the representatives of the favored commercial company and received from them, with the support of Marius Constantin Fecioru, an undue benefit for other. The favored company had to pay for the respective costs for distribution of letters of the Minister of Communications and Information Society by CN Romanian Post Office SA (14,280 Christmas cards sent to the electors in Bacău county).
Insurance measures were ordered in this case.
In this case, the prosecutors benefit of the specialized support on behalf of the Romanian Information Service – DJI Brasov.
The file was sent for trial to Brasov Tribunal with the proposal to maintain the preventive and insurance measures ordered in this case.
It should be mentioned that this stage of the criminal proceedings represents, according to the Criminal Procedure Code, the completion of the criminal investigation and the referral of the case to the court, for trial, a situation which cannot, under any circumstances infringe the principle of presumption of innocence.
THE INFORMATION AND PUBLIC RELATIONS OFFICE