A Bucharest court judge on Thursday ordered the annulment of all evidence (denunciations, witness statements, interceptions) collected by DNA prosecutors in the case in which businessman Alexander Adamescu, son of Dan Adamescu, was tried for bribing some magistrates. , reports Agerpres. After this decision, the case was returned to DNA.

The decision was made after the magistrate analyzed the case in the pretrial chamber for two and a half years. According to the Criminal Procedure Code (CPC), the duration of proceedings in the court chamber is no more than 60 days.

Since November 2022, the judge has postponed the announcement of the decision in this case 26 times.

• Oleksandr Adamescu, a fugitive in Great Britain, sent to the DNA court for bribing two Bucharest court judges with 20,000 euros

In June 2021, Oleksandr Adamescu was sent to trial for two counts of bribery, accused of transferring money to Bucharest court judges in 2013 to obtain favorable decisions in bankruptcy cases involving the companies of his father, Dan Adamescu , participated. Thus, during June 2013 and December 2013, Oleksandr Adamescu and Dan Adamescu allegedly transferred, through intermediaries, sums of 15,000 euros and 23,000 lei, respectively, to magistrates Ion Stanc and Elena Rovenci, judges of the Bucharest Court – VII Civil Section, so that in return they were to order favorable rulings in bankruptcy filings for some companies in which Dan Adamescu was a shareholder.

Oleksandr Adamescu fled Romania and settled in Great Britain, from where the Romanian authorities unsuccessfully tried to extradite him.

In a decision handed down on Thursday, the Magistrate of the Bucharest Court accepted several requests and exceptions invoked by the lawyers of Alexander Adamescu, referring to several decisions of the Constitutional Court:

* On the basis of Article 281, paragraph 1, letter b1 of the Civil Code, Art. 280 paragraphs 2 of the Criminal Code and as a result of the decisions of the Constitutional Court No. 91/2018, 802/2018 and 26/2019 with reference to the defendant Bohdan Oleksandr Adamescu, the court recognized the absolute invalidity of some oral proceedings and decisions of the DNA, which decided to initiate criminal prosecution in rem, continuation of criminal prosecution in rem, continuation of criminal prosecution, change of legal classification of facts, initiation of a criminal case, change of legal classification of facts and indictment dated 15.06.2021, which sent referrals in the case of the accused.

* With regard to the decision from the point above (…) orders to exclude all the evidence provided in the case against the defendant Bohdan Oleksandr Adamescu.

* On the basis of Article 281 paragraph 1 of the Criminal Code, interpreted through the prism of decision No. 802/2017 of the CCR, it recognizes the absolute nullity of the statement of the witness Onuţe Daniel dated 13.05.2014, qualified as a prosecutor by denunciation, and the statement of the same witness dated 15.05.2014, 02.06 .2014, 06/12/2014, 01/26/2016 and 10/30/2018. He orders the exclusion of the evidence arising from the said statements.

* On the basis of Art. 282 par. 1 of the Criminal Code and Article 121 of the Criminal Code, recognizes the relative nullity of the statement of the witness Onuţe Daniel dated 05/13/2014, qualified by the prosecutor as a denunciation. Decides to withdraw the evidence arising from the specified statement.

* Establishes the derivative absolute invalidity of the resolution dated 05/13/2014, which ordered the continuation of the criminal prosecution in rem, the resolution dated 04/19/2014, which ordered the continuation of the criminal prosecution of Bohdan Oleksandr Adamescu, the minutes of 05/21/2014 correcting a significant error, the resolution dated 06/04/2014, which orders to change the legal qualification of the facts, the resolution dated 03/21/2016, which orders the change of the legal qualification of the facts, the resolution of 03/22/2016, which orders the initiation of criminal proceedings, the resolution of 07/06/2020, which changes the legal qualification of the facts and the indictment dated 15/06/2021, which brought the accused to criminal responsibility.

* With regard to the decision from point 5, it is decided to exclude the evidence provided in the case, starting from 13.05.2014, regarding the defendant Bohdan Oleksandr Adamescu.

* Establishes the relative nullity of the statement of Monika Angela Borz, a witness dated 05/14/2014, qualified by the prosecutor as a denunciation. Decides to withdraw the evidence arising from the specified statement.

* Establishes the absolute invalidity of the video and audio surveillance made by witnesses Onuţe Daniel and Borza Monica Angela. It provides for the exclusion of video and audio recordings obtained in this way.

* Establishes the absolute invalidity of the statement dated 15.05.2014 of the witness Dumitru Georgi Claudiu and the protocol dated 16.05.2014 regarding the receipt of documents from the witness Dumitru Georgi Claudiu.

* On the basis of Article 281 paragraph 1 letter b1 of the Criminal Code and as a result of decisions No. 51/2016 and 26/2019 CCR, he recognizes the absolute nullity of technical supervision measures obtained and implemented between 11/18/2013 – 05/16/2014. It provides for the exclusion of intercepted telephone conversations and communications, recordings made in the environment, and other evidence obtained as a result of the execution of technical surveillance orders.

* Admits the incorrectness of the indictment no. 262/P/2019 dated 15.06.2021 of the anti-corruption department of the DNA, which decided to prosecute the accused Bohdan Oleksandr Adamescu in the part of the description of the specific facts incriminated against the defendant.

* Provides for the exclusion from the case materials of the means of proof in which the seized evidence is materialized in accordance with the above.

* With regard to decisions from points II.1, 2, 5 and 6, on the basis of Article 346 paragraph 3 letter b, decides to return the DNA of the case against the defendant Bohdan Oleksandr Adamescu.