The judges of the High Court of Cassation and Justice (JCCJ), who judged the case of Laura Vicol, of his husband, Vladimir Ciorbă, and of the other defendants from the Nordis file, motivates that the decision to release because “the factual basis necessary to order a preventive measure” is missing.
Laura Vicol received a gift a red balloon at the exit of arrest/photo: Inquam Photos/Octav Ganea
According to motivation, the investigation lasted 2 years and 7 months, declaring that there are doubts about the illicit character of the transactions carried out by the Nordis representatives.
“On 22.06.2022, the Prosecutor’s Office started an investigation regarding the fact that during the period 2019 -2021 the Nordis Management SRL representatives constituted an organized criminal group in order to transfer over 30,000,000 lei from the accounts of the above company in the bank accounts belonging to the Postoaca Gheorghe Emanuel, Lvan Maria to the company) with different justifications, operations followed by repeated withdrawals from ATM or by retransfer the amounts in the accounts of some natural persons, there being the suspicion that all these had the real purpose to acquire the respective amounts by the members of the group, the investigation in the rem over 2 years and 7 months, during which, as it results from the transfer of the ordinance, as it results from the transfer, Capital continued (until 2024), this under the conditions in which the Prosecutor’s Office monitored the documents of the investigated companies.
This aspect reveals either a probative inefficiency in question, or the existence of doubts about the illicit character of these transactions, or on the typicality of the facts investigated“I say the judges.
Next, according to motivation, the prosecutor had to carry out a financial expertise of all the transactions of the investigated companies.
“The prosecutor’s omission to go through the evidence of the expertise has substantially affected the determination to the standard of reasonable suspicion of the legality of all the transactions of the investigated companies in order to establish the existence and extent of the delapidation acts.”, It is shown in the motivation of the supreme court.
The judges also explain that the expenses with commercial or private flights and the purchase of vehicles are part of the image strategy of any private representative.
“(No. (no court) will not retain the existence of reasonable suspicions regarding the delapidation, by paying the salaries, not being carried out the investigations that would have been imposed in relation to the fact that most of the construction works were carried out in their own enterprise and director.
Likewise, the expenses consisting of the purchase of commercial or private flights, vehicles or spending some amounts of money as a protocol are part of the image strategy of any private entrepreneur, without being able to qualify as delapidation acts ”, say the judges.
“The factual basis is lacking for the disposition of a preventive measure in question”
The judges also found that the accusation is not that of misappropriation, but of fOlossing with bad faith of the credit of the company, so the defendants cannot be detained due to committing any of the offenses that they were accused of committing them.
“The evidence administered until the date of the formulation of the proposal for a preventive arrest and the way of describing the delapidation documents, especially in the relations with other companies, make the legal configuration of the accusation, not be the one of misappropriation, but the crime of use with bad – faith of the company’s credit, provided by art.272 para. b) of Law no.31/1990
Regarding the defendants Vicol-Ciorbă Laura Cătălina, Șaitoș Bogdan-Adalbert, Răileanu Sanda, Oprea Oana-Claudia, Ivan George-Marian, Vasile Gabriela-Alina and Matei Cristian-Andrei cannot be the suspicion of committing any of the offenses of which they were accused and therefore lacking a factual basis for a factual measure for a factual measure in question“, Is the conclusion of the court that judged the request of the preventive arrest prosecutor.
We recall that on February 3, DIICOT carried out no less than 65 searches in Romania and Monaco in the Nordis file, lifting over 50 computer systems and data storage devices, mobile phones, money in lei, euros and other coins, documents, luxury objects (watches, jewelry and bags wearing some of the marks).
