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The management of the High Court of Cassation and Justice verified the way in which the legal and regulatory provisions were complied with when the Ferma Băneasa file was distributed, and on Wednesday night announced that after the control it was established that the principle of random distribution was observed :
Control conclusions:
- “After the verifications, it turned out that the procedural activity of file No. 345/64/2016, with the procedural stage of appeal, was developed at the level of the Superior Court of Cassation and Justice in compliance with the principle of random distribution provided for in art 304/2004, which means that the following findings are relevant:
- The file in question was received from the Brașov Court of Appeals, registered in the General Register of the HCCJ on December 24, 2019, at 12:25 p.m., in the Criminal Section, in the ECRIS system at 1:14 p.m. and distributed randomly, in computer system, the same day. , at 3:00 p.m. along with all the files registered on that date.
- The evidence of random distribution to Panel No. is attached to the case file. 4, in accordance with the decision of the HCCJ board of directors no. 221/2019.
- During the reference period, the nine panels of three judges of the Criminal Section were active for assignment and were configured according to the parameters established by the decisions of the administrative board.
- At the time of allocation, none of the 3-judge panels was blocked or excluded from randomization.
- Regarding the issue of the number of parts, invoked in the memorandum presented, the Department of Informatics simulated the calculation of the complexity of the file using the variants with 40 and 26 parts, respectively, resulting in both variants obtaining the same result in terms of to the complexity of the file. reduced of this criterion in the formula to calculate complexity (automatically), so there are no elements that lead to the influence of the random distribution criteria.
- Regarding the external audit of the system of random distribution of cases, the Superior Court of Cassation and Justice, like any other court, is only a user of the ECRIS computer application, developed and managed by the Ministry of Justice, through its address specialized. According to article 53, paragraph 3, of the republished Law No. 304/2004, with subsequent modifications and terminations, the external audit of the system is carried out under the direction of the Ministry of Justice. “
The approach took place in the context in which information appeared in the public space that the principle of random distribution of the Băneasa farm file had not been taken into account. The panel that rendered the final decisions was composed of judges Florentina Dragomir, Ioana Ilie and Ionuț Matei.
Among those convicted in this case is lawyer Robert Roșu, and the ICCJ’s decision provoked heated reactions from the Romanian National Lawyers Union, but also from some of his fellow lawyers, who protested in the Palace of Justice.
On December 17, the High Court of Cassation and Justice issued a final sentence in the case of the illegal restitution of the Royal Farm of Băneasa: businessman Remus Truica was sentenced to seven years in prison, Israelis Benyamin Steinmetz and Tal Silberstein five years each. prison, and Prince Paul, three years and four months, and lawyer Robert Mihăiţă Roşu, five years. Journalist Dan Andronic was also sentenced to three years in prison with suspension. The ICCJ forced those sentenced to pay more money and the land belongs to the Romanian state.
In the first instance, Truica had received 4 years with execution, Paul from Romania – 3 years with suspension, and Dan Andronic and the Israeli businessmen had been acquitted.
Penalties issued by the ICCJ:
- Remus Truica – 7 years in prison
- Paul Philippe from Romania – 3 years and 4 months in prison
- Nela Ignatenko (ex Pavaluiu) – 5 years in prison
- Dan Andronic – 3 years in prison with suspension and unpaid work for the benefit of the community for a period of 60 days at the Bucharest Integrated Assistance Center or at the General Directorate of the Social Assistance and Child Protection Sector 3.
- Robert Mihăiță Roșu (lawyer) – 5 years in prison
- Israeli businessman Tal Silberstein – 5 years in prison
- Israeli businessman Benyamin Steinmetz – 5 years in prison
- Apostol Muşat (former mayor of the Snagov commune) – 4 years in prison with execution
- Marius Andrei Marcovici – 3 years in prison with suspension
- Lucian Claudiu Mateescu – 3 years in prison with suspension
- Gheorghiță Dragomira – 4 years in prison with suspension
- Corina Teodora Dicu – 4 years in prison with suspension
- Ioan Stoian – 4 years in prison with suspension
- Niculae Dima – 4 years in prison with execution
- Nicolae Jecu (former prefect of Ilfov) – 4 years in prison with execution
- Caterina Popa – 4 years in prison with execution
- Gheorghe Olteanu – 4 years in prison with execution
- Valentin Delcea – 4 years in prison with execution
Băneasa Farm Archive
On May 18, 2016, Remus Truică, Paul Philippe from Romania, Dan Andronic, as well as businessmen Tal Silberstein, Benyamin Steinmetz and Moshe Agavi were sued by DNA in the case concerning the illegal restitution of the Royal Farm Băneasa and the forest by Snagov.
Remus Truica was sued by DNA for forming an organized criminal group, influence peddling, money laundering, complicity in abuse of power and bribery, and Prince Paul, for buying influence and money laundering, both in good form. continued.
The accusations point to crimes committed between 2006 and 2013 in various forms of participation, in order to obtain goods of special value, including Snagov Forest and Băneasa Royal Farm, claimed without rights by Prince Paul.
According to DNA, Paul Philippe from Romania bought the influence that Truica had on the various officials of the public institutions that owned the two properties. Truica presented the “business” of some economically powerful people, with whom he associated, to get involved in criminal proceedings, the only way to obtain real estate that Paul Philippe from Romania was illegally claiming.
Other people joined this group, including Dan Andronic.
“The defendant from Romania Paul Philippe promised the defendant Truică Remus and his associates of the criminal group a significant part, between 50% and 80%, of the value of the property that he claims in Romania, and then transferred the property to them as obtained through fictitious sales contracts with Reciplia SRL, so that they intervene with public servants involved in restitution processes, through the influence they had directly (…) and indirectly, through the relationships they had in the political world, in justice, at the highest level and in the press (friendship / commercial relations with members of the government, parliamentarians, officials, public authorities, with people with influence in the press, relations with the HCCJ, contracting of services of a top law firm), to illegally determine the unfair obtaining of the assets claimed by Al României Paul Philippe, ”said DNA.
Prince Paul, Remus Truică and the other members of the group subsequently concealed the illicit nature of the agreement by concluding, on November 1, 2006, a contract for the transfer of assets in administrative or judicial proceedings for the restitution of assets. The contract was concluded between Prince Paul and SC Reciplia SRL, represented by Remus Truică.
“Specifically, this contract drawn up by Roşu Robert stipulates that Paul Philippe from Romania, as assignor, transfers / assigns without any reservation, for a fee, all his present and future rights to real estate, listed and identified in the contract (between and Farm Băneasa with an area of 28.63 ha and Snagov Forest with a forest land of about 30 ha) Reciplia SRL undertakes to pay, under certain conditions, a sum of money and to provide support and assistance in relation to assets in administrative processes or restitution courts, ”prosecutors also affirm.
Later, as a result of the assignment contract, Prince Paul signed other documents and contracts, which sought to hide the illicit origin of some goods that were to be returned. It is, among others, the additional act signed on March 20, 2007, which affected 12 properties, including the Peles Palace, that of April 4, 2007, which referred to the properties that make up the Balchik royal domain, on October 4, 2007 that to 11 real estate, agricultural land, forestry, as well as buildings in Sinaia and Bucharest.
After acquiring the Pădurea Snagov and Ferma Băneasa assets, they were transferred by Prince Paul, through purchase and sale contracts, to Reciplia SRL, at highly undervalued prices, disguising the illicit nature of the origin, and the company was sold to other people. , without charging money.
According to the prosecutors, through the criminal activity carried out, the abusive restitution of the Snagov Forest was managed, causing damage to the Romanian state of 9,523,769 euros, as well as to the royal estate Băneasa, with a damage to the Romanian state of 135,874 .800 euros. Both amounts, totaling 145,398,569 euros, also represent an undue benefit for Prince Paul, Remus Truica and their associates in the criminal group, DNA said.
