Why did the court stop the execution of the sentence of Bogdan Oltiano MOTIVATION

Bogdan Ultiano must be released, because there are places to review the decision that was sentenced to 5 years in prison in the case of influence use in favor of Soren Ovidiu Vinto, the Bucharest court said in its decision to accept the request in principle by the former president of the Chamber of Deputies.

His lawyer pointed out that his client’s instruments dated back to 2008 and were already suspended from work at the time of the ruling.

Bogdan Ultiano has been in prison since October 29, 2020, after being found guilty of receiving 1 million euros from SOV to “appoint” Liviu Mihau as governor of the Danube Delta. We remind you that, for SOV, the whole purpose of the “work” is to realize its dream of creating “floating fuel stations” on the Danube, a kind of barge from which boats can feed on the go.

After the Civil Rights Committee’s May 26 decision to discontinue the prescription, Bogdan Oltiano requested a review. Ziare.com provides excerpts from the motives of the Bucharest Court in which the judge in question acknowledged in principle Bogdan Ultiano’s request and ordered a stay of execution. If he wins in the Court of Appeal, on August 8, Bogdan Ultiano will be released.

The judge’s arguments for the release of Bogdan Oltiano

“According to Civil Rights Commission Decision No. 126/2016 published in Official Gazette No. 185/11.03.2016, the decision establishing the unconstitutionality of a legal provision, in drafting an appeal review, should benefit only for that class of litigants who invoked the unconstitutionality exception in cases which was finally resolved until the publication of the decision in the Official Gazette to prove unconstitutionality, in addition to the authors of the exception itself, which was invoked before publication of the court’s decision, in other cases, it was finally resolved. Olteanu Bogdan – no.) is identical to the legal reason and terminology except for the unconstitutionality that was the subject of analysis of the decision (of – No.) 26.05.2022 published in the Official Gazette No. 565/09.06.2022. Thus, even if the application for referral to the Constitutional Court is rejected as unconstitutional Accepted (erroneously according to Resolution 26.05.2022 of the Revolutionary Command Council), what matters “in the spirit of the law” is that the convicted plaintiff (Olteanu Bogdan – no) came out of passivity and invoked the unconstitutionality exception, fulfilling the criteria set out in the decision of the Committee of the Civil Rights No. 126/2016 published in the Official Gazette No. 185/11.03.2016,” the facts judge explains.

The court on motive shows that there are places to review the conviction of Bogdan Olteanu, so that it is necessary to suspend the execution of the sentence.

“Another interpretation would lead to an absurd legal situation, obviously inferior to the litigants with exceptions (identical in text and reason) that were resolved by the RCC. In this regard, the petitioner’s request for review fulfills all the conditions for admission. In principle with regard to legal conditions. Based on Art. It will order a retrial of the case on the merits and based on Art. In this case, the seat of the final decision with the possibility of review, the court will suspend the execution of the criminal judgment (…) issued on 24.12 .2019 issued by the Bucharest Court, finalized pursuant to Criminal Decision No. 1129 / A of 29.10.2020 of the Bucharest Court of Appeal”, as indicated in the said document.

Lawyer: “Bogdan Ultiano is carrying out a sentence without legal basis”

Bogdan Olteanu’s lawyer pointed out before the court that from the moment the request for review was accepted in principle, the solution after a retrial is highly anticipated, and it is clear that a suspension of the execution of the sentence is required, and he is the petitioner who is currently convicted. He is serving an unfounded legal penalty.

“It was determined that the 2018 decision of the Revolutionary Command Council is a more appropriate criminal law, bearing in mind that the act for which the petitioner was accused was exhausted in November 2008, and that the legal limits for punishment range from two to seven years. , the term is generally for 8 years. By this decision, the establishment of the interruption of the limitation period was removed from the statutory law at the time by carrying out acts of criminal procedure. In this regard, the judgment shall be rescinded and the criminal trial terminated after the intervening of the statute of limitations for criminal responsibility”, as indicated In the explanatory note.

The defender, the former NBR deputy governor, showed in the courtroom, on the July 8 deadline, that he bases his request for review on the CCR’s 26th decision on the prescription.

The law states that one of the conditions for accepting a request for review is “the discovery of facts or circumstances that were not known in the settlement of the case and which prove the invalidity of the judgment in question.”

Or, Bogdan Ultiano explained from the bottom up that in the case of the act held in his responsibility, respectively, the abuse of influence, the term of prescription was fulfilled.

Now, the former BNR deputy governor says he was among the first to inform the CCR, in 2018, of the unconstitutionality of the art. 155, which the court declared unconstitutional, and the legislator did not reform it until May 26, 2022, when the second ruling was issued.

Romania did not have legislation cutting the statute of limitations between April 26, 2018 when the Revolutionary Command Council issued its first ruling unconstitutional of the provisions of Article 155 and May 26, 2022, when it found that the legislator had done nothing to reconcile the rules. From the law with the decision of the Constitutional Review Court, it appears in the motive for the decision of the CCR.

Thus, the final conviction of Bogdan Ultiano took place on the basis of a rule that was later found to be unconstitutional, which the Court of Appeal was not aware of at the time of the verdict.

Until the substantive decision of the request for review was issued, Bogdan Oltiano’s lawyer also drafted a request to suspend the execution of the sentence.

The Liberal is finally sentenced to a reduced sentence of two years

On December 24, 2019, the Bucharest Court sentenced the former NBR Deputy Governor to 7 years in prison for trafficking in influence, a sentence which the Bucharest Court of Appeal reduced to 5 years on October 29, 2020.

Soren Ovidio Fonto from prison revealed the reason why, in 2008, through the mediator, with the arrival of two million euros to Bogdan Ultiano to appoint Liviu Mihiu as governor of the Danube Delta. He lost a million dollars along the way, and a DNA investigation has yet to determine where the money went.

In substance, Soren Ovidio Fonto admitted that he had at his disposal €2,000,000 that went to Bogdan Ultiano and PNL in 2008, and that the intermediary that provided the money was, at the time, his “envoy” in “several offices”, where he said The businessman’s name is Traian Busescu.

“In 1997, I finally fell in love with the Delta, at first glance, but was horrified by the mountains of rubbish floating on the waters of the Danube – plastic bottles, beer cans – thrown from the Lebeda Hotel. I bought the company that owned all the hotels in the Delta and within a week All hotels closed,” Soren Ovidio Fonto began his story.

The businessman claimed that the prosecution’s statements that he had commercial interests in the region were “completely false.” Sorin Ovidio Fonto claimed that his efforts were “to protect and defend that region”.

How SOV “blockage” Bogdan Ultiano

“I decided to fund a political party, from all polling stations, that was going to come to power, in order to gain support in this fight. The appointment of the governor of the delta was a first step in that direction. The statement of the attorney general in discussion with me (no – from the criminal investigation) that By which I appointed my governor in the Delta to sign all kinds of licenses to develop my business in the Delta Totally false!(…) However, assuming I would have needed a permit issued by the Governor of the Delta, it was much easier to buy it for $10,000 to $15,000, than to fund a campaign Elections in the millions,” said Soren Ovidio Fonto.

The businessman claimed that Bogdan Ultiano in 2008 agreed to support him in his environmental efforts, but was not able to do it alone, he had to make sure he had the support of the entire party. This is why Soren Ovidio Fonto said he was going to pay $2 million to Bogdan Oltiano, about whom he claimed that, in his view, “was the front of the PNL”.

Fonto claims the money was paid through an intermediary, Ion Eftim, who had obtained it from the businessman’s “treasurer”, Oviedo Orcano.

“Orcano gave the money to Eftime and took care of it,” Fonto said, claiming he did not know from which accounts the money came from.

Prosecutor for the DNA hearing asked Soren Oviedo Fonto if he kept his statement from 2016, when he claimed the sum was handed over to Bogdan Oltiano.

“The CID questions were biased and distorted the truth. The money was not to appoint Liviu Mihaiu, the money was for the political support of the PNL in the battle I was fighting against the poachers, a battle in which Liviu Mihaiu was a first step,” Vîntu identified.

A lawyer for the former BNR Deputy Governor asked through the court “if Eftime informs him that the amount has been transferred to Olteanu Bogdan”.

(No – ion Eftim) told me he had done his job. We didn’t discuss such details, Vento replied.

Who was Vento’s “arrow” in Geoana, Basescu and Blaga

“To what extent has Ion Eftime maintained relations of the same nature (no – that is, Vîntu intermediary) with other people? Băsescu, Blaga, Geoana?” asked Flavia Teodosio, Bogdan Ultiano’s lawyer.

“And if he spoke to others, what? Yes, Mr. Eftim was my envoy in various offices, from Bosescu to … I don’t know who the hell!” Sorin Oviedo Vento declared.

“You said Mr. Iftime is a big liar. Do you keep him?” asked Vento, at which point the businessman said that after his “trouble” began, “the person in question lied on numerous occasions.”

The lawyer replied: “It is possible that Eftime also lied to you about the money given to Bogdan Olteanu.”

“Obviously yes!” Vento’s answer was.

The accusations of the prosecutor of the National Commission of the former Speaker of the House of Representatives

In 2016, Bogdan Oltiano, a former deputy governor of the NBR, was sued by DNA in the case in which he was accused of receiving €1 million from businessman Soren Ovidio Fonto for interventions by members of the government in favor of his appointment as Governor of the Danube Delta Liviu Mihau.

“Ultiano Bogdan, as President of the Chamber of Deputies, requested and received from a businessman one million euros and electoral support consisting of marketing and advisory services, in exchange for taking steps with the Prime Minister from that date, so that a certain person was appointed as the Governor of the Danube Delta. The money was sent By the businessman, through an intermediary, to the headquarters of a political party,” the DNA transmits.

On September 18, 2008, Liviu Mihai was appointed Governor of the Danube Delta.

“Between August and November 2008, the promised electoral services were provided (political analysis, opinion polls, media analysis, analysis reports, candidate profile, media monitoring, statistical documentation related to the voter profile of the college in which the defendant is running, A simulation regarding the outcome of the vote and the distribution of parliamentary powers”, explains DNA.

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