• Lawyers for Igor and Galina Dodon have requested that the criminal case concerning the false medical document be tried in another court. What the Supreme Court of Justice

    Lawyers for Igor and Galina Dodon have requested that the criminal case concerning the false medical document be tried in another court. What the Supreme Court of Justice
    Photo source: Facebook/ Dodon Igor
    by
    27 June 2023 | 20:32

    The judges of the Supreme Court of Justice (SCJ) rejected the request of Igor and Galina Dodon’s lawyers to transfer the criminal case from the Chisinau Court to another court of equal rank. In this case, the former President of Moldova, his wife and a family doctor are being investigated for “possession and use of a false medical document”.

    The criminal panel of the SCJ, composed of judges Ion Guzun, Sergiu Daguța and Ghenadie Eremciuc, says that the request submitted by the defenders Ion Vizdoga, Nicolae Posturusu and Petru Balan was rejected on the grounds that “in the course of criminal proceedings, the transfer of the case is a mechanism that can be invoked exceptionally, for situations and circumstances unforeseen at the time of the start of the criminal proceedings, being an effective procedural remedy when the general rules of jurisdiction raise doubts about impartiality”.

    “Furthermore, the transfer of the case is a procedural incident relating to the court seised to try the case, the purpose of which is to remove any suspicions that may arise as to its independence or impartiality, and the establishment of the time limit for the submission of the request for transfer of the case ensures the conditions for a fair trial, since the parties within a reasonable time have the opportunity to communicate them. The Supreme Court of Justice is required to provide information and evidence on the circumstances of the case and to state its position on the admissibility and merits of the request for transfer of the case.
    case (…).

    (…) At the same time, the Criminal College considers that the reasons invoked are declaratory and cannot serve as a basis for the transfer of the case in question, since by the arguments invoked, the holders of the request express their distrust of the judge appointed to hear the case and the acting president of the court, on the grounds that the same solution was taken with regard to the unipersonal hearing of the criminal case under discussion. However, according to the provisions of Article 26 of the Code of Criminal Procedure, in the administration of justice in criminal cases, judges are independent and subject only to the law,” the court’s ruling of 27 June said.

    The criminal case in which Igor Dodon, his wife, Galina Dodon, and family doctor Mariana Arapan are being investigated for “possession and use of a false medical document” has been assigned to the Buiucani court in Chisinau. The magistrate to whom the case has been assigned is Tudor Stambol, according to information published on the court portal.

    The first hearing in this case took place on 12 April 2023, but the hearing was interrupted due to the non-appearance of Galina Dodon’s lawyer.

    Family doctor Mariana Arapan is the wife of Dinari Cojocaru, deputy chairman of the PSRM faction in the Chisinau Municipal Council. Ziarul de Gardă previously revealed in an investigation that Dinari Cojocaru is the godson of Alexandru Dodon, Igor Dodon’s brother.

    On March 28, 2023, the Anti-Corruption Prosecutor’s Office announced that it had filed a criminal case against former Moldovan President Igor Dodon, his wife Galina Dodon and a family doctor, “who, by mutual consent, made, possessed and used a false medical certificate with the aim of presenting it to the court and the Prosecutor’s Office in order to obtain permission to go abroad.” In the named document, according to the AP, “distorted data were entered, according to which Igor Dodon’s minor child would need consultations with specialist doctors and, if necessary, medical treatment”.

    At the same time, the PA stated that according to the indictment filed by prosecutors, the former president, his wife and family doctor are accused of committing the offence provided for in Article 361 para. (2) letter b) of the Criminal Code, namely: making, possession and use by two or more persons of a false official document granting rights.

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