Lawyer Ion Moraru was sentenced to 3 years in prison by the magistrates of the Supreme Court of Justice (CSJ) for influence peddling. On Thursday, February 2, the CSJ delivered an irrevocable decision in a criminal case brought by the Anti-Corruption Prosecutor’s Office (PA), concerning “the actions of the lawyer who demanded and received money to influence public persons within the Cimișlia Prosecutor’s Office and the Cimișlia Court, both personally and through his wife who was a judge, in order to obtain a positive solution”.

According to the sentence, by the prosecution body, the lawyer was accused of influence peddling, as that, in the period of time February 2014 – March 2015, he demanded and received money in the amount of 10 000 euros to influence public persons within the Cimișlia Prosecutor’s Office and the Cimișlia Court in order to obtain a positive solution on a criminal case.

“On March 24, 2015, the lawyer received the sum of 10 000 euros in order to achieve the previously promised influence, and in order to camouflage his criminal intentions and give a legal aspect to his actions, he handed over an alleged contract for legal assistance without issuing a copy and without issuing a payment voucher from the receipt, actions that are immediately executed, which further attests to the fictitious nature of these actions.

By the sentence of the Centre Court of 22 September 2016, the lawyer was acquitted on the grounds that his actions do not meet the elements of the offences incriminated. The prosecutor appealed against the sentence. By the decision of the Criminal College of the Balti Court of Appeal of 21 November 2018, the prosecutor’s appeal was upheld, and the lawyer was found guilty of committing the offence and sentenced to 4 years’ imprisonment. Under Article 90 of the Criminal Code, the execution of the prison sentence was conditionally suspended for a probation period of 2 years. The prosecutor filed an appeal, requesting the partial reversal of the decision of the court of appeal, only in the part of the application of Article 90 of the Criminal Code, with the sentence of 4 years imprisonment in a semi-closed prison,” the PA announced in a press release.

By the decision of the CSJ of 2 February 2023, the lawyer was convicted of influence peddling under Article 326 para. (3) letter a) of the Criminal Code, to a prison sentence for a term of 3 years, with the execution of the sentence in a semi-closed prison.

In the final decision, the CSJ noted: “Analysing the conditions under which the suspension of the execution of the sentence may be granted, it follows that it is not a right of the defendant, but a faculty of the court, which is free to assess whether or not to grant it”.

According to the PA, the lawyer has committed a “crime of increased social danger, manifested in particular by discrediting and undermining the work of state authorities, the authorities and public services”. Moreover, persons who commit corruption offences are special subjects and are subject to specific liability in relation to other offenders.

Earlier, by the Chisinau Court, Buiucani seat, Ion Moraru was found guilty of committing the offence provided for in Article 190 para. (5) of the Criminal Code and sentenced to 8 years imprisonment, with execution in a semi-closed prison, as well as a mandatory additional penalty in the form of deprivation of the right to carry out the activity of lawyer and or activity related to the management or administration of material goods for a period of 5 years.

A criminal case in which the lawyer is charged with 8 counts of similar offences is currently before the Buiucani Court of Chisinau.

In October 2015, ZdG wrote that Ion Moraru had been previously detained by law enforcement officers in flagrante with bribes, but each time he escaped unpunished. At the same time, at least twice, he had his lawyer’s license revoked, which the defender recovered at that time through the courts. On 24 November 2014, the Ethics and Disciplinary Committee of the Lawyers’ Union once again decided to withdraw his licence. However, Moraru appealed the decision to the Râșcani District Court, which decided, while the case was being examined on the merits, to suspend the decision to withdraw the licence issued in the lawyer’s name.