Doctor Virgil Musta from the Victor Babes Infectious Diseases Hospital in Timișoara was acquitted by the Timișoara Court in the case in which he was accused by the DNA of inciting abuse of official position. Other participants in the case were also acquitted, but the decision is not final.

• “(…) decides to acquit the defendant Musta Virgil Filaret, who is being investigated for inciting the commission of the crime of abuse of office, if the public servant received an undue benefit for himself or another person, decides to acquit the defendant Manolescu. Diana Luminica, who is being investigated for the crime of abuse of official position, if the civil servant received an illegal benefit for himself or another person, decides to acquit the defendant Alba Maria Diana, who is being investigated for the crime of abuse of official position, if the public servant received an illegal benefit for himself or for another person of another person, decides to acquit the accused Paika Dana Mihaela, who is being investigated for incitement to the commission of the crime of abuse of office, if the public official received an illegal benefit for himself or for another person,” reads the sentence handed down on Thursday by the Timișoara court, News.ro reports.

The verdict is not final, it can be appealed in the Court of Appeal of Timisoara.

In November 2022, the DNA sued Dr. Virgil Musta, head of the Clinical Hospital for Infectious Diseases in Timișoara, for inciting abuse of office after he allegedly forced three nurses to provide medical services – taking samples for the COVID-19 Test – on the enterprise with which he is connected, although they were in the state nursing unit during working hours.

Along with Musta, the medical director of the hospital, Diana Manolescu, a nurse and another female doctor went to court.

The accusations that DNA makes against doctor Virgil Musta

Prosecutors accuse Musta of having three nurses work three hours a day at his clinic, even though they were paid by the hospital. The damage attributed to him is 12,173 lei, this amount was seized by the prosecutor’s office.

What does DNA say?

• “Between July 21 and November 9, 2020, Musta Virgil Filaret willfully forced three nurses to provide medical services for the benefit of a company he was associated with while performing their duties in a government unit, respectively. Clinical Hospital of Infectious Diseases and Pneumophthisiology of Dr. Viktor Babes Timisoara.
• Using the influence he had as the head physician of the unit, the defendant would appoint three nurses, directly or through the defendant Paika Dana Michaela, to take biological samples for the detection of SARS CoV-2 infection, collect the cost of RT-PCR tests and issue tax receipts in favor of private commercial company to which he belonged (using a mobile cash register).
• Although they would provide medical services for the said commercial company from 07:00 to 10:00 daily, the three nurses would receive the full salary paid by the hospital.
• At the initiative of Musta Virgil Filaret, as medical director and medical assistant-coordinator of the Outpatient Clinic of Infectious Diseases, the defendants Manolescu Diana Luminica and Alba Maria Diana allegedly breached their duties in the sense that they did not take any measures to identify disciplinary violations and apply appropriate sanctions or, depending on the circumstances, referral to the commission for the investigation of disciplinary responsibility to impose fines on the three nurses. Moreover, Alba Maria Diana would have drawn up, and defendant Manolescu Diana Luminica would have approved the collective attendance reports, which officially indicated the hours worked by the three nurses.
• Thus, Musta Virgil Filaret would have caused three nurses to violate their duties, stipulated by the provisions of the Labor Code, the rules of the hospital’s internal procedure and the job description.
• Due to the described activity, the Clinical Hospital of Infectious Diseases and Pneumothysiology of Dr. Victor Babes Timișoara would suffer damages in the amount of 12,173 lei. On the other hand, the private company with which the defendant Musta Virgil Filaret is connected would have received an unlawful benefit in the total amount of 172,508 lei.”