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The Ploieşti Court of Appeal decided on Thursday, October 8, to reduce the amount of the criminal fine, but also to halve the amount of moral damage that OMV was obliged to pay to the minor’s family.
Marian Furcelea’s family claimed in court damages amounting to nine million euros (two million euros for each parent and one million euros for each of Marian’s siblings).
The Ploieşti judges of the Ploieşti Court of Appeal decided by final judgment that OMV should pay 105,000 euros for non-pecuniary damage, 15,000 euros for each of the deceased child’s siblings and 30,000 euros for each of the parents.
Thus, the value of non-material damage was reduced by half compared to that admitted in the first instance when the oil company was sentenced to pay 250,000 euros.
Based on article 421 point 2 letter a of the Penal Code, admits the appeal of the accused SC OMV PETROM against criminal sentence no. 1549 / 02.09. 2020 pronounced by the Ploiesti Court, which partially annuls and, re-judging the case: Reduces the amount corresponding to one day of fine to the amount of 3000 lei, after the defendant executes the penalty of a criminal fine of 750,000 lei ( 250 days fine x 3000 lei). It reduces the amount of the moral compensation to which the defendant SC OMV Petrom was obliged to the civil parties as follows: – to the civil parties Furcelea Constantin Cristian and Furcelea Elena to the amount of 30,000 euros each. – the civil parties Furcelea Violeta, Furcelea Antonia Nicoleta, Furcelea Mihai Alexandru, Furcelea Adrian Constantin and Furcelea Cătălin Cosmin worth 15,000 euros each. Based on art. 421 pt.1 letter..b of the Penal Code rejects as unfounded the appeals declared by the civil parties Furcelea Constantin Cristian, Furcelea Elena, Furcelea Violeta, Furcelea Antonia Nicoleta, Furcelea Mihai Alexandru, Furcelea Adrian Constantin and Furcelea Cătălin Cosmin against the same sentence penal. (…) definition. Delivered in a public hearing today, October 8, 2020 ”, according to the judicial portal.
Marian Furcelea, from the Ariceştii Rahtivani commune in Prahova, was found dead in February 2014, near a well of the OMV oil company. Coroners decided after the autopsy that the child’s death was violent and was due to acute respiratory failure that occurred during acute and accidental poisoning with the probe gases, resulting in the atmosphere by spinal diversion operation of the Ariceştii Rahtivani probe.
Marian had just turned nine. On the day of his death he was returning from school and on the way he stopped at his mother’s house, who worked during the day at a local’s house. The woman gave the boy a net with several pairs of worn shoes and received alms from the family where he worked. Glad for the unexpected gift, Marian was eager to get home. He sat on the wall of a well to try on one of the pairs of boots. That’s where it ended. He was found out of breath late at night at a distance of 17 centimeters from the gas pipe.
Marian’s death was considered suspicious and the investigation was taken over by the Prosecutor’s Office attached to the High Court of Cassation and Justice, which sent the case to Ploieşti after a year of investigations.
On the same topic:
A violent father, forced to pay moral damages to his own children. What punishment did the judges impose?
Child pride in the police. Son of a DGA officer, forced to pay moral damages to an agent he made fun of
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