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The Cluj Court of Appeal definitively sentenced, on Wednesday 2 December, the mayor of Şimleul Silvaniei, Septimiu Ţurcaş, to three years in prison with suspension for abuse of office. The court practically confirmed the first instance decision. The mayor will be fired. Ţurcaş is the cousin of the head of DNA, Crin Bologa (photo), who recently declared himself disappointed by the fact that Romanians vote for people accused of corruption, despite the fact that his daughter’s father-in-law had just been re-elected from the post of convicted in the first instance.
MINUTE:
I. In accordance with art. 421 point 2 on. a C. pr. pen. admits the appeal declared by the accused MI against criminal sentence no. 132 / 20.07.2020 of the Court of Maramure, which repeals only with regard to the maintenance of the provisions of art. 41 par. 2 of the 1969 Penal Code and, judging: Eliminates the application of the provisions of art. 41 par. 2 of the 1969 Penal Code of the previous legal framework. of art. 26 Criminal Code informed in art. 132 of Law no. 78/2000 reported to art. 248 of the 1969 Penal Code. It maintains the other provisions of the appealed criminal judgment that do not contradict this decision. Court costs in the defendant’s appeal remain the responsibility of the state. II. Based on art. 421 point 1 on. b C. pr. pen., rejects as unfounded the appeals declared by the defendants SC, HC, DV, MEM, HV and ORC against the same appealed criminal sentence. It establishes in favor of the Cluj Bar Association the amount of 500 lei each, which represents a partial fee for the defenders appointed ex officio of the defendants MI, HC, MEM, HV and ORC, who will advance from the FMJ. It obliges the appellants-defendants to pay the amount of 400 lei each, legal expenses in favor of the State. Final. Delivered in public hearing on December 2, 2020.
According to the local press, the data found in the indictment of the case show that: “During 2008, the defendants Ţ.SC, HC, DV and MEM as members of the land commission, by violating their duties, participated in the illegal reconstitution of the property rights of the deceased BF, although the heirs did not request the reconstitution of the property rights, they did not have the right to reconstitute an area of 2.98 ha, being misled as to the location and quality of the land on the that the property right was going to be reconstituted, thus causing damage to the city of Şimleu Silvaniei, by leaving the property of the administrative-territorial unit of an area of land illegally assigned, in the amount of 283,994 lei, for the year 2008 Defendant HV, father-in-law of defendant HC, signed as beneficiary the certificate of possession of this land.
Also during 2008, the same defendants, in the same capacity, performed their functions in a defective manner, deceiving the so-called ND, an elderly person, in a state of vulnerability, regarding the location and quality of the land on which the right was to be reconstituted. property, illegally and unjustifiably modifying the category and quality of the land, and subsequently, in order to develop real estate projects and obtain material benefits for himself and others, participated or facilitated, after the event, the dismemberment of this land, the repurchase of an area of 1,000 m2 by the mayor’s office for an amount of 35,974 lei, and the difference in area alienated by the defendant HV, who had previously signed the act of possession as agent of said ND, to the company managed by the wife of the defendant Ţ.SC, in the amount of 120,000 lei, in order to develop a real estate project, thus causing damage to the city of Şimleu Silvaniei, which consists of two amounts, 35,974 lei and 120,000 lei. The documents related to the request regarding the tabulation in the book of ownership of the title deed of the land areas referred to above were completed and signed on behalf of ND, but without his consent, by the defendant HC. In November 2008, the defendant HV instigated the defendant CGD to transfer from the ND account to the CDR account the amount of 35,800 lei, the amount of the crime of abuse of office, which represents part of the proceeds of the crime, in order to hide the origin of the payment of the amount. of money, without him knowing the origin of the amount of money. Between 2008 and 2009, after an audit, the representatives of the Sălaj County Court of Accounts found that during 2007, the Şimleu Silvaniei City Council paid the amount of 22,737.65 lei, without legal basis, as a result of the invoicing of some works not executed. SC PC, represented by defendant MI, to order the recovery of this amount from this company. In this context, the defendant ŢSC agreed with the defendant MI to return this amount by simulating contracts for the execution of works with SC RE, administered by the defendant CV, works that were not executed by any of the companies, but that were listed in documents. Unrealistically, upon being ordered and received by the Şimleu Silvaniei City Council, through the defendant ORC, head of the administrative office of the institution, the mayor’s office paid from the mayor the amount of 25,183 lei to SCRE SRL, which represents the value of the works not executed, for which the institution was harmed by this amount.
In 2009, defendant CV unrealistically billed alimleu Silvaniei City Council for disaster intervention works amounting to 29,950.67 lei, using forged documents, respectively lists of works allegedly executed by SC RE SRL and which were actually executed by SC LC SRL thus determining the payment by the City Council of Şimleu Silvaniei through the defendant ŢSC, of the amount of 29,950.67 lei and the production in this way of a loss to this institution. In order for the Şimleu Silvaniei City Council to pay SC RE SRL the amounts of 25,183.5 lei and 29,950.67 lei, the defendant CV falsified the lists containing the amounts of works and signed invoices and an intervention schedule that proved the execution false of some works for the clearing of the Pusta Valley, and the defendant ŢSC signed, in turn, these documents that were later used to sign the payment orders for the payment of the amounts mentioned ”.
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