IMPARȚIALITATE·INTEGRITATE·EFICIENȚĂ
October, 15th, 2014
No. 1450/VIII/3
To complete the press release no. 1436/VIII/3 from the 15th of October 2014, the Information and Public Relations Office is authorized to provide the following data:
The prosecutors within the National Anticorruption Directorate – the Territorial Service Brașov have ordered the start of the criminal action against the defendants:
ADAM IOAN, a deputy within the Romanian Parliament, for the offences of instigation of abuse of office with aggravated consequences, formation of an organized criminal group, three offences of buying of influence.
SÂRBU ILIE, a senator within the Romanian Parliament, for the offences of using the influence by a person holding a management position in a party in order to receive for himself or other undue benefits and support for an organized criminal group.
HREBENCIUC VIOREL, a deputy within the Romanian Parliament, for the offences of formation of an organized criminal group, traffic of influence and instigation to use of influence by a person holding a management position in a party in order to receive for himself or other undue benefits.
CRĂCIUNESCU ADAM, general director of RNP Romsilva, for the offences of abuse of office and support for an organized criminal group.
The criminal investigation ordinance drawn up by the prosecutors indicated that there data and clues leading to the reasonable suspicion describing the following state of facts:
On the 17th of April 2012, following a previous agreement, the defendant Adam Ioan, with the support of other interested people, a panel of judges from the Tribunal Covasna, ruled the admission of an appeal of the agricultural real estate and restitution of property rights for a large area of forest land and agricultural land situated in the county of Bacau, in favor of a person and against National Forest ROMSILVA. The court decision had been ruled in clear contradiction with the principles of law and the real state of facts, respectively without presenting any new document in order to change the state of facts retained by previous courts, without making any relevant expertise, without clarifying with evidence who was the real owner who was stripped in 1945.
Thus a prejudice was caused to RNP ROMSILVA in the total value of 303,888,615 Euro (the counter value of 43,227 ha forest land).
Immediately after the decision of the Covasna Tribunal, the defendant Adam Ioan together with other interested people and the defendant Viorel Hrebenciuc has established and coordinated a group that aimed to obtain income by buying influence or illegal use of influence (art. 13 of Law no. 78/2000) in order to urge the vesting deed and issuance of forest land salvage certificate, as well as a swift sale of forest land acquired by the said court order. For this purpose, the group members sought to intercede with the responsible officials within the local institutions, so that they rush the issuing of papers assigned to them according to their office duties or to perform acts contrary to these duties (ex not to file complaints in court against the decisions of the land Fund county Commission Bacau).
In this context, while performing his office duties as the general manager of NFA Romsilva since 2013, the defendant Crăciunescu Adam responded to the unlawful requests made by the defendant Hrebenciuc Viorel through his suspect Ilie Sarbu, on how the RNP Romsilva should behave in relation to the vesting deed and issuance of forest land salvage certificate and the legal disputes related to the ownership reconstitution of a forest area of over 40,000 hectares. Consequently, the defendant Crăciunescu Adam took action against RNP Romsilva interests, while teasing the performing of legal actions taken against the interests of organized criminal group composed of defendants Viorel Hrebenciuc, Adam Ioan and other interested people in obtaining the mentioned land. Once the Romsilva lawyer signed a civil action favoring Romsilva’s interests, for suspending of judgment until the resolution of the file related to the revising of the decision taken on the 17th of April 2012, moved from the Covasna Tribunal to another Court (request accepted by HCCJ on the 17th of January 2014), in March 2014 the defendant Crăciunescu Adam abusely ordered that the respective case should be withdrawn from the legal expert, and indirectly forbade her (by using a medical excuse), to represent RNP Romsilva in the trials dealing with the 2012 decision of the Covasna Tribunal and the implementation of this decision.
On the 15th of October 2014, the suspect and the defendants were informed about their legal status and the charges, according to the provisions of art. 307, respectively 309 of the penal procedure Code.
The prosecutors ordered the judicial control measure against the defendant CRĂCIUNESCU ADAM, who has to fulfill the following obligations:
a) to present himself to the Prosecutor’s Office attached to Î.C.C.J. - National Anticorruption Directorate – the Territorial Service Brașov.
b) to inform the Prosecutor’s Office attached to Î.C.C.J. - National Anticorruption Directorate – the Territorial Service Brașov regarding his change of residence.
c) to present himself to the police body appointed to supervise him, according to the supervision program designed by the police organ or every time he is requested to do so;
d) not to leave the territorial limit of the country, unless the persecutor had previously agreed to it;
e) not to own, use and carry guns
f) not to communicate with the people involved in the same file.
The defendant CRĂCIUNESCU ADAM was notified that, in case he violates his legal obligations in bad faith, the judicial control measure can be replaced with the house arrest measure or the pretrial detention.
It should be mentioned that the start of the criminal investigation represents a stage of a criminal trial regulated by the penal procedure Code, a situation which cannot, under any circumstances, infringe the principle of presumption of innocence.
THE INFORMATION AND PUBLIC RELATIONS OFFICE