The judge of the previous chamber of the Prahova court ordered the case, in which former deputy Sebastian Gice, who fled to Serbia, is on trial for abuse of influence, to be returned to DNA to redo the indictment. The judges claim that the indictment “was drawn up incorrectly, the violation was not completely eliminated by the prosecutor” within the time limit provided by the Criminal Procedure Code, News.ro reports.

“The material and territorial competence of the Prahov court considers the case, the subject of which is the indictment no. 245/P/2018, issued by the Prosecutor’s Office at the High Court of Cassation and Justice – National Anti-Corruption Directorate – Anti-Corruption Department on 10/17/2022. (…) Orders to return case No. 245/P/2018 to the prosecutor’s office at the High Court of Cassation and the anti-corruption department of the National Anti-Corruption Directorate, noting that the indictment no. 245/P/2018, issued by the prosecutor’s office at the Supreme Court of Cassation and the anti-corruption department of the National Anti-Corruption Directorate dated 17.10.2022, was drawn up incorrectly, and the violation was not completely eliminated by the prosecutor within the prescribed period of art. 345 paragraph 3 C.proc.pen. due to report No. 245/P/2018 dated 10/19/2023, issued by the prosecutor’s office at the High Court of Cassation and the anti-corruption department of the National Anti-Corruption Directorate”, this is the decision issued on Wednesday, December 13, by the Prahova court.

In this case, Sebastián Gice went to trial together with the former administrator of SC Asesoft International SA, Christian Anastasescu, and the former CEO of SC Teamnet International SA, Bohdan Padiu.

The judges claim that the indictment drawn up by DNA has as a violation “insufficient description of the essential elements that would outline the typical conditions of the crimes for which the accused Gitsa Sebastian Aurelian and Padiu Bohdan were sent to court, including regarding the number of documents, materials, dates and place of commission of the incriminated acts; insufficient description of the composition of the crime of incitement to forgery in documents under a personal signature in a continuous form, for which the defendant Gita Sebastian Aurelian should be brought to court; insufficient description of the material elements related to the alleged involvement in ongoing crimes of influence peddling, which are attributed to the defendant Padiy Bohdan.”

The court ruled to exclude some of the evidence provided by DNA in the case, as it concerns documents from the financial and fiscal sphere, as well as seven testimonies of Iryna Sokol, which were given under the protected person Nanau Luchike between 2016 and 2019.

By the same decision, the collegium rejected the exception of territorial incompetence of the Prahov court, which was invoked by Sebastian Gitze and the other accused through their chosen lawyers.

The decision of the Prahov Court can be appealed within three days.

In February 2017, DNA announced that it had initiated criminal proceedings against Sebastián Gice AURELIAN, until 2012 the representative of the commercial companies SC Teamnet Internaţional SRL and SC Asesoft International SA, and later a member of the Romanian Parliament from 2012 to 2016, for committing crimes related to with trading in influence (4 crimes), persistent money laundering (3 crimes) and the creation of an organized criminal group, as well as against Bohdan Padiu, at the time the CEO of SC Teamnet International SA, for committing crimes related to the abuse of influence. and money laundering, both in a continuing form and the creation of an organized criminal group and Anastasescu Cristian, at the time the administrator of SC Asesoft International SA, for the commission of the crimes of aiding and abetting influence peddling and money laundering, both in a continuing form and as part of an organized criminal group group.

“The decisions of the prosecutors state that the case contains data and evidence that testify to the following fact: in the period 2007-2015, several contracts on the purchase of computer programs financed from state funds were concluded at the level of state institutions and state authorities , as well as from European funds, were concluded by several commercial companies with such an activity profile and an association between them and the commercial companies SC Teamnet International SRL and SC Asesoft International SA. until 2012, a representative of the commercial companies SC Teamnet Internaţional SRL and SC Asesoft International SA, and later a member of the Romanian Parliament, demanded and received from the representatives of the companies later announced as winners. tender procedures, sums of money to determine the decision-making factors of institutions and contracting authorities regarding the conclusion of contracts for the provision of IT services and/or to facilitate the development in good terms, to companies whose representatives he previously contacted”, DNA, transferred in February of 2017.

According to the prosecutors, in order to create the appearance of legitimacy for the provision of these alleged sums of money, Sebastian Gitze indicated as a way of transferring the sums of money he was interested in, the simulation of commercial transactions by concluding commercial contracts with these companies as the beneficiary and commercial companies under his control belonging to the Asesoft group / Teamnet as a provider.

The subject of the contracts was the provision of fictitious IT services.

“The works indicated in the invoices issued by the commercial companies of the Asesoft/Teamnet group were actually performed with their own material and human resources by the beneficiaries of the works themselves, and the supporting documents attached to them certify operations that do not take place in reality. As a result of this unreal commercial scheme, the relevant commercial companies transferred to the commercial companies of the Asesoft / Teamnet group the value of the so-called works performed by the latter, and the amounts were re-entered into the fiscal and economic loop.

This money represents the value of the influence promised and carried out by the defendant Gitz Sebastian Aurelian on some decision-making factors in the government environment or subordinate institutions.

In this way, between 2007 and 2014, Gitz Sebastian Aurelian received sums from 3 million euros to 10 million euros for the contracts concluded with the relevant commercial companies,” DNA also claimed.