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Traian Ogâgău, the mayor of Sângeorz-Băi, recently re-elected after appearing in the public space of the films in which he abused his humble 14-year-old daughter, was definitively convicted by the Cluj Court of Appeal in a case in which he was referred to court because he refused to breathe in the breathalyzer test, as well as to take biological samples. According to the law on the status of local elected officials, convicted mayors permanently lose their mandate, regardless of the manner of execution of the sentence.
The case in which Traian Ogâgău was convicted was opened in 2016, when the mayor was detained by a police team and asked by officers to breathe the breathalyzer test. The mayor refused to blow the breathalyzer, but also to have biological samples taken, writes the publication Bistrițeanul. He then claimed that the whole scene is “a fake”, he also writes the mentioned website. Someone reportedly told police that the mayor got drunk at the wheel and was pulled over by a team.
The mayor was sent to court in 2018, and in the summer of this year, the Năsăud District Court ruled in his case: Ogâgău received a year in prison with suspension, following a road law course and 80 days of service community.
The Cluj Court of Appeal today rejected Traian Ogâgău’s appeal and confirmed the judgment handed down by the Năsăud Court.
„The solution in brief: based on art. 421 point 1 on. b of the Code of Criminal Procedure dismisses as unfounded the appeal declared by the accused OT against criminal judgment no. 95 / 09.07.2020 of the District Court of Năsăud. In accordance with art. 275 par. 2 The Code of Criminal Procedure obliges the appellant defendant to pay the amount of 500 lei representing the legal expenses incurred by the resolution of the appeal. Final. Delivered in public hearing today, 10.12.2020 ”, is shown in the minutes of the Cluj Court of Appeal.
Mayors sentenced to suspension lose their seats
In 2016, Parliament amended the law on the statute of local elected officials and decided that mayors definitively sentenced to suspension of their sentences would no longer lose their mandate, as provided for in Law 393/2004, in its article 15:
“The quality of mayor and, respectively, president of the County Council ceases, by right, before the expiration of the normal mandate in the following cases: (…)
me) the sentence, by final judicial decision, to a custodial sentence “
President Klaus Iohannis has challenged the amendment in the Constitutional Court, which has declared the law unconstitutional, so that the mayor’s mandate ceases by law after the final judgment, regardless of the manner of execution.
“The Court held that, by instituting the legal termination of the mandate of local elected officials in the case of a criminal conviction of a custodial sentence, the protected social value is the integrity of the person who holds the mandate and the exercise of the public dignity for which he was elected. The determination of the crime by final judicial decision eliminates the presumption of innocence of the accused and places the elected local official outside the legal framework for the exercise of the function. Therefore, the conviction itself is the one that it determines the loss of integrity, a fundamental element of the elective mandate without which the person who occupies the respective public dignity no longer has the legitimacy to continue his activity.
The form of execution of the sentence applied by the court is only a means of individualizing the execution of the sentence, which, although it has a direct, negative impact on the activity of local elected officials, if the sentence must be carried out in prison , since it is only a consequence of the conviction. , indirectly points
the protected value, respectively the integrity of the local elect. The exclusion of the incidence of the law, therefore, of the sanction of legal termination of the mandate of the people for whom the execution of the criminal sentence was suspended, is equivalent to a privilege created for them, a circumstance susceptible of ignoring the provisions of the art. 16 par. (1), (2) and (3) of the Constitution. (…)
For the same purpose, the Law of reform and complementation of Law No. 393/2004 on the statute of local elected officials violates the constitutional provisions contained in article 1, paragraphs 3 and 5, on the rule of law, the supremacy of the Constitution and the mandatory observance of laws. , as well as the provisions of article 16 that establishes the principle of equal rights of citizens, ”said CCR in the decision of July 6, 2016.
The mayor who humiliated his daughter saying he was educating her
The mayor of Sângeorz-Băi, Traian Ogâgău, drew public attention after a video appeared in the media in which he humiliated his 14-year-old daughter. The blurred images show how the mayor of Sângeorz Băi punished his daughter for sitting naked, on her knees, with her hands above her head and repeating that she is no longer naughty. The recording was published by Gazeta de Bistrița.
“I’m not naughty anymore and I’m not upset with my mother and father anymore”, “I’m going to exercise and learn”, “What I did today was out of the ordinary”, “I’m the naughtiest girl in this hotel”, Traian Ogâgău forces his daughter to repeat after him.
The mayor defended himself saying that nobody has the right to tell him how to educate his children.
The police filed a complaint and a criminal case was opened.
“Following the checks carried out at the level of the Bistrița-Năsăud County Police Inspectorate by the police, a criminal investigation file was drawn up, in which investigations are carried out under the aspect of the commission of the crime of mistreatment applied to the minor, under the supervision of the Bistrița Court. “, Crina Sîrb, spokesperson for IPJ Bistrița-Năsăud, was quoted by the local publication.
Despite the scandal, which also attracted the intervention of Prime Minister Ludovic Orban and the exclusion of Traian Ogâgău from the NLP, he won a new term as mayor.
„I won, my dear Sângeorzeni, “Ogâgău wrote on Facebook on election night.
He posted on Facebook a video in which he appears with supporters, with music and fireworks.
Editor: Bogdan Pacurar
