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Mircea Drăghici, a former PSD treasurer, was sentenced by the HCCJ to 5 years in prison with execution, for two acts of embezzlement and for using grants for other purposes. The decision is not final.
Former PSD treasurer Mircea Drăghici was sued by ADN prosecutors in July 2019, because he allegedly seized subsidy money for the party by concluding a contract to rent a building. According to DNA, the political party chose, following its own analysis, to express its procedural position regarding the constitution of a civil party, until the start of the judicial investigation in question.
„Between 15.02.2018 and 11.06.2018, the defendant Drăghici Mircea Gheorghe in the aforementioned capacity, with powers of management and administration of assets and funds belonging to the respective political party, used the amount of 380,000 euros of the grant awarded to the party by the Authority. Permanent electoral, for the purchase of a building in the Pipera neighborhood, Voluntari locality, Ilfov county. With this money, the defendant partially covered, in a proportion of more than 2/3, the value of the respective building. The payment of subsidies of that amount was disguised by entering into a lease agreement that stated that the money would be paid by the party as rent and not for the benefit of the treasurer.“, Inform prosecutors, through a press release.
According to the cited source, during February 2018, in the exercise of the position of treasurer, Drăghici, together with a relative, allegedly negotiated and agreed to buy, from a seller, a building with a circulation value of more than 500,000 euros, in order to pay him , in part, with the sums of money that he managed as treasurer, and in part, with his own funds.
“On 02/15/2018 two contracts were signed: a promise of sale between the seller of the property and the person of the defendant’s family for the amount of 180,000 euros (paid with own resources), but also a lease contract between the same seller and the policy part (which practically assures the seller of the property that he will collect the difference up to the real value of more than 500,000 euros, of the subsidies received by the part). The rental contract had been concluded for a period of 10 years (01.03 .2018 – 01.03.2029), the total rental value of 380,000 euros to be paid over 18 months. In reality, the total value of the contract was paid in advance, within 5 months from the sums of subsidy money granted to the political party based on Law No. 334/2006, on the financing of the activity of political parties and electoral campaigns “, prosecutors also point out.
After the start of control by the Permanent Electoral Authority over the use of subsidies by the political party in which Drăghici exercised the function of treasurer, the lease contract was terminated, as well as the promise of sale and the amounts were returned. collected as refunds. rent and for the purchase of the building, the prosecution’s indictment also says.
MINUTE:
1983/1/2019 – 1. Based on art. 396 par. 2 of the Code of Criminal Procedure, condemns the accused Drăghici Mircea Gheorghe, (…), to a sentence of 4 (four) years in prison, for committing the crime of using the grants for purposes other than those for which they were awarded , previous article 10 letter c) thesis Ia of Law 78/2000. (Point 1 of the accusation) Based on article 67 paragraph 2 of the Penal Code, the additional penalty of interdiction of the rights provided for in article 66 paragraph 1 letter a, b, g and k of the Penal Code, respectively, is applied to the accused. the right to be elected in public authorities or in any other public office; the right to hold an office that implies the exercise of state authority; the right to hold a position, the exercise of the profession or trade or the exercise of the activity used to commit the crime and the right to hold a managerial position within a legal person under public law, for a period of 3 years, after execution of the main penalty, according to art. 68 paragraph 1 lit. c of the Penal Code. Based on article 65 of the Penal Code, the accessory penalty of interdiction is applied to the accused to exercise the rights provided for in article 66 paragraph 1 let. a, b, g and k of the Penal Code, which is executed from the moment the conviction becomes final and until the main sentence is executed or considered executed, according to art. 65 par. 3 of the Penal Code.
2. Based on art. 396 par. 2 of the Code of Criminal Procedure, condemns the accused Drăghici Mircea Gheorghe, (…), to a penalty of 3 (three) years in prison, for the commission of the crime of embezzlement, prev. of art. 295 paragraph 1 rap. in article 308 para. 1 and 2 of the Penal Code. (point 1 Accusation) Based on article 67 para. 2 of the Penal Code applies to the accused the additional penalty of the interdiction of the rights provided for in art. 66 subsection 1 letters a, b, g and k of the Penal Code, respectively, the right to be elected in public authorities or in any other public office; the right to hold an office that implies the exercise of state authority; the right to hold a position, to exercise the profession or trade or to exercise the activity used to commit the crime and the right to hold a managerial position within a legal person under public law, for a period of 3 years, after execution of the main penalty, according to art. 68 par. 1 on. c of the Penal Code. Based on art. 65 of the Penal Code, applies to the accused the accessory penalty of the prohibition to exercise the rights provided for in art. 66 subsection 1 letter. a, b, g and k of the Penal Code, which is executed from the moment the conviction becomes final and until the main sentence is executed or considered executed, according to art. 65 par. 3 of the Penal Code.
Based on article 38 para. 2 of the Penal Code, referring to art. 39 subsection 1 letter b of the Penal Code, merges the penalties applied to the accused, then the penalty of 4 (four) years in prison will be executed, to which is added an increase of one third of the total of the other penalties established, finally the accused Drăghici Mircea Gheorghe will carry out a sentence of 5 (five) years in prison. Based on article 45 paragraph 3 of the Penal Code, the most severe additional penalty of 3 years is applied to the accused, in relation to the prohibition of the rights provided in article 66 paragraph 1 letter. a, b, g and k of the Penal Code, respectively the right to be elected in public authorities or in any other public office; the right to hold an office that implies the exercise of state authority; the right to hold a position, the exercise of the profession or trade or the exercise of the activity used to commit the crime and the right to hold a managerial position within a legal entity governed by public law. Based on article 45 subsection 5 of the Penal Code, the accessory penalty of interdiction is applied to the accused to exercise the rights provided in art. 66 paragraph 1 lit. a, b, g and k of the Penal Code, which is executed from the moment the conviction becomes final and until the main sentence is executed or considered executed, according to art. 65 par. 3 of the Penal Code.
3. Based on art. 396 par. 5 of the Code of Criminal Procedure, denounced to article 16 paragraph 1 letter b thesis I of the Code of Criminal Procedure, acquits the accused Drăghici Mircea Gheorghe, (…), for the commission of the crime of embezzlement, above. of art. 295 paragraph 1 rap. in article 308 paragraphs 1 and 2 of the Criminal Code (point 2 of the accusation) Based on article 20 of the Criminal Procedure Code, it concludes that the injured person, the Social Democratic Party, is not a civil party in the case. Based on article 112 letter e of the Criminal Code, the amount of 19,000 euros in the equivalent in lei is confiscated from the defendant Drăghici Mircea Gheorghe on the date of execution of this sentence. Based on art. 398 of the Criminal Procedure Code rap. in article 274 of the Code of Criminal Procedure, it obliges the defendant Drăghici Mircea Gheorghe to pay the amount of 4000 lei, as judicial expenses to the State (2000 lei criminal investigation, 2000 lei Preliminary Chamber and merits).
According to article 275, paragraph 6, of the Code of Criminal Procedure, the partial fee owed to the defense lawyer appointed ex officio for the accused, in the amount of 217 lei, remains the responsibility of the State.
With a call within 10 days after the communication.
Delivered in public hearing today, October 15, 2020.
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