• Interim Prosecutor General Requests the Parliament to Lift the Immunity of Ilan Shor

    Interim Prosecutor General Requests the Parliament to Lift the Immunity of Ilan Shor
    by
    17 December 2021 | 04:59

    Prosecutor General Dumitru Robu submitted nine requests to the Parliament on Thursday requesting to waive the immunity of the fugitive deputy Ilan Shor, his detention, arrest, search and prosecution being accused based on several articles of the Penal Code of Moldova.

    “This morning, 9 requests were received from the Prosecutor General regarding the lifting of the immunity of the deputy Ilan Shor, in order to detain, arrest, search and send to court. (…) The requests are based on several articles: Article 190 of the Criminal Code, Article 284, paragraph 1, Criminal Code, Article 352, paragraph 1, Article 42, paragraph 3, 4, Article 190, paragraph 5, Article 191, paragraph 5, of the Criminal Code, Article 42 paragraph 2, 3, 4, article 243 paragraph 3 a, b, article 42 paragraph 2, 3 and 4, article 237 paragraph 3. These requests and the General Prosecutor”s Office materials will be forwarded to the Committee on Legal Affairs for Appointments and Immunities, according to the legal procedure,” said Igor Grosu.

    According to Parliament’s Rules of Procedure on the waiver of parliamentary immunity, the Committee on Legal Affairs for Appointments and Immunities will examine the Prosecutor General’s request within 15 days.

    Igor Grosu, President of the Parliament, read, in the plenary of the Parliament, all nine requests.

    “Approval of the waiver of parliamentary immunity for the detention, arrest, search and prosecution of the Member of the Parliament of Moldova, Ilan Shor, for committing the offense provided for in Article 190 paragraph 5 of the Criminal Code, Article 190 paragraph 5 of the Criminal Code, Article 243 (3) (a) and (b) of the Criminal Code, Article 284 (1) of the Criminal Code, Article 352 (1) and (2) of the Criminal Code, Article 42 (3) and (4), Article 190 (5) of the Criminal Code, Article 191 (1) 5 of the Criminal Code, Article 42, paragraphs 2, 3, 4, Article 243, paragraphs 3, letters a and b, Article 42, paragraphs 2, 3 and 4, Article 327 of the Criminal Code,” said President of the Parliament, Igor Grosu.

    Article 190, paragraph 5 of the Criminal Code. Article 190. Scam.

    Paragraph 5 – the actions provided in par. (1) – (3) committed in particularly large proportions shall be punished by imprisonment from 8 to 15 years with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.

    Article 243, paragraph 3, letters a and b of the Criminal Code. Article 243. Money laundering:

    3) The actions provided for in paragraph (1) or (2), committed: a) by an organized criminal group or by a criminal organization; b) in particularly large proportions, shall be punished with imprisonment from 5 to 10 years, with a fine, imposed on the legal person, in the amount of 13,000 to 16,000 conventional units or with the liquidation of the enterprise.

    Article 284 paragraph 1 of the Criminal Code. Article 284. Creation or management of a criminal organization:

    (1) The creation or management of a criminal organization, ie the establishment of such an organization and the organization of its activity, either the search and employment of members in the criminal organization, or the holding of meetings of its members, or the creation of funds and for the organization and the criminal activity of the organization, or equipping the criminal organization with weapons and tools for committing crimes, or organizing the collection of information about potential victims and the activity of law enforcement, or coordinating criminal plans and actions with other criminal organizations and groups; separate criminals from the country and abroad, are punishable by imprisonment from 8 to 15 years.

    Article 352 first paragraphs 1 and 2 of the Criminal Code. Article 3521. False statements:

    (1) A statement that does not correspond to the truth, made to a competent body in order to produce legal consequences, for itself or for a third party, when, according to the law or circumstances, the statement serves to produce these consequences, shall be punished with a fine of up to 950 conventional units or with imprisonment for up to 1 year with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.

    (2) Intentional inclusion of incomplete or false data, unintentional inclusion of data in the declaration of assets and personal interests

    Article 42, paragraphs 3 and 4. Article 42. Participants:

    (3) The organizer is the person who organized the commission of a crime or directed its commission, as well as the person who created an organized criminal group or a criminal organization or directed their activity.

    (4) The person who, by any means, determines another person to commit a crime shall be considered as an instigator.

    Article 191 paragraph 5 of the Criminal Code. Article 191. Embezzlement of foreign assets:

    (5) The actions provided in par. (1) – (3) committed in particularly large proportions shall be punished by imprisonment from 8 to 15 years.

    Article 327. Abuse of power or abuse of office:

    Intentional use by a public person of the employment situation, if it has caused considerable damage to the public interest or to the rights and interests protected by the law of natural or juridical persons, shall be punished by a fine in the amount of 650 to 1150 conventional units or by imprisonment for up to 6 years, in both cases with deprivation of the right to hold certain positions or to exercise a certain activity for a term of 2 to 5 years.

    (2) The same action: b) committed by a person with the function of public dignity; b1) committed out of material interest, for the purpose of pursuing other personal interests or in the interest of a third party;c) with serious consequences shall be punished with a fine in the amount of 1350 to 2350 conventional units or with imprisonment from 2 to 7 years, in both cases with deprivation of the right to hold certain positions or to exercise a certain activity on a term from 5 to 10 years.

    On August 20, after 10 failed attempts, the Supreme Court of Justice magistrates accepted the request submitted by the lawyer Denis Calaida and ordered the transfer of the criminal case from the Cahul Court of Appeal to the Chișinău Court of Appeal regarding Ilan Shor.

    Ilan Shor, who is banned from leaving the country, appeared in the public space for the last time on June 12, 2019, during a press conference. It was two days before the Democratic Party of Moldova relinquished power and joined the opposition.

    On July 30, 2019, the Ministry of Internal Affairs declared that Ilan Shor had left the country illegally and that he had been announced nationally and internationally wanted. On August 15, 2019, at the request of the interim general prosecutor, Dumitru Robu, the deputies deprived Ilan Shor of parliamentary immunity.

    A few days later, the case was linked to a criminal case on the table of the Anticorruption Prosecutor’s Office since December 4, 2014, namely the billion-dollar bank fraud case, the “stealing large amounts of money from the assets of Banca de Economii, Banca Socială, and Unibank Banks and committing other criminal acts in order to achieve personal and group interests.”

    On August 23, 2019, the head of the INTERPOL office in Moldova declared for ZdG that Ilan Shor is in Israel, a state of which he holds citizenship.

    AUTHOR MAIL eng.zdg@gmail.com

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