Further details from the PA in the case of the four judges under investigation for influence peddling, active bribery and passive bribery
The Anti-Corruption Prosecutor’s Office (AP) has come up with further details regarding the case against the four judges, for whom the Superior Council of Magistracy (SCM) issued the consent for prosecution actions on November 14, 2023. In the case of three of them, the prosecution started between June and September.
A judge of the Chisinau Court – (Valentina Garabagiu)
- Prosecution started: 13.06.2023
- SCM agreement issued for prosecution: 14.11.2023
- Suspended from office by the SCM ex officio: 14.11.2023
- Searches carried out and detained: 14.11.2023
- Status: indicted on one count – passive bribery and three counts – influence peddling (Art. 324 (3) (a), 326 (1), 326 (11), 326 (2) (b) of the Criminal Code)
- Preventive measure – prosecutors requested 30 days’ detention, court imposed 30 days’ detention
A judge of the Chisinau Court of Appeal (Mihail Diaconu)
- Prosecution started: 18.09.2023
- SCM agreement issued for prosecution: 14.11.2023
- Suspended from office by the SCM ex officio: 14.11.2023
- Searches carried out and detained: 14.11.2023
- Status: indicted on one count – influence peddling (Art. 326 (2) (b) of the Criminal Code)
- Preventive measure – prosecutors requested 30 days’ house arrest, court applied 60 days’ judicial control; prosecutors appealed to the Balti Court of Appeal
A judge of the Chisinau Court
- Prosecution initiated: 16.08.2023
- SCM agreement issued for prosecution: 14.11.2023
- Suspended from office by the SCM ex officio: 14.11.2023
- Searches carried out: 14.11.2023
- Status: indicted on two counts – influence peddling (Art. Art. 42 para.(5), Art. 326 para.(11), Art. 326 para.(2) letter b) of the Criminal Code)
- Preventive measure – order not to leave the country for 60 days imposed by prosecutors
A judge of the Chisinau Court
- SCM agreement issued for the initiation of criminal proceedings and prosecution actions: 14.11.2023
- Criminal prosecution started: 14.11.2023
- Searches carried out: 14.11.2023
- Status: suspected on one count – active corruption (Art. 325 para.(3) letter a1) of the Criminal Code)
- Preventive measure – not applied at the moment
The PA mentions that the law provides for the issuance of the SCM’s consent for the prosecution of a judge for the offence provided for in Article 325 of the Criminal Code (active corruption). The SCM’s consent is not required and the Prosecutor General may order the prosecution of a judge for the offences under Article 324 (passive bribery) and Article 326 (influence peddling). The consent of the SCM is required for the seizure, detention, arrest and search, regardless of the offence under investigation.
According to sources of Ziarul de Gardă, the names of the four magistrates have come to the attention of law enforcement bodies following interceptions in criminal cases in which they were not initially targeted.
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